Terms and Conditions
Effective Date: November 30, 2020
AscendMedicare.com (hereinafter the “Site”) is owned and operated by Ascend Holdings Inc. (“Ascend,” “we,” or “our”). The terms and conditions set out on this page (the “Terms”) govern your access to and use of the Site and related services and resources that we make available to you through the Site (together with the Site, the “Services”).
- Acceptance of Terms
These Terms are a contract between you and Ascend. Please read them carefully.
BY ACCESSING OR USING SERVICES, YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE LAW AND REGULATIONS.
If you do not agree with these Terms, then you may not access or use the Services.
- Important notice about terms that limit your rights
Please be aware that these Terms contain provisions that limit our liability to you and govern how disputes between us are resolved. In particular, these Terms contain an ARBITRATION PROVISION, which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. In addition, these Terms require you to (1) bring claims AS AN INDIVIDUAL, AND NOT AS A PLAINTIFF OF CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, and (2) WAIVE YOUR RIGHT TO A JURY TRIAL.
- The Services
We are an online service provider specializing in providing insurance quotes and connecting insurance shoppers with professionals who can assist them. WE ARE NOT AN INSURANCE PROVIDER AND WE DO NOT UNDERWRITE ANY INSURANCE POLICY MADE AVAILABLE TO YOU THROUGH THE SERVICES.
We intend for the Services to provide you with the ability to receive comparative insurance quotations from a network of insurance agents, brokers and other licensed insurance providers (hereinafter “Providers”). We will ask you to complete an online form that will request information about your name, contact information, demographic information, and information about your credit, health and finances. . Once we receive your online form, we will send your form to the Providers, who may then contact you directly if they are able to provide you with a quotation for insurance coverage. From time to time these Providers may ask for additional information they may need to obtain an accurate quote. In the event that we do not have sufficient participation on our network in your area, you may receive less than five offers.
Any insurance policy premium quotes or ranges displayed on the Services are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application. Insurance products and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The third-party insurance products offered for sale through the Services are only available in the jurisdictions in which we are properly licensed.
We do not guarantee that any of the Providers will contact you or agree to provide you coverage. We are not responsible in any way for the conduct of the Providers to whom we forward your information.
We do not endorse any particular insurance plan, provider, or agent. Any information provided about any particular insurance plan, provider, or agent shall not be construed as an endorsement by us.
If you need personal advice, explanation of coverage, assessment of needs or specific policy recommendations, consult with the Provider or a licensed insurance agent, broker, or other qualified professional.
- Your Account
You do not need to register with us to visit and view the Site; however, to access certain password-protected areas of the Site and to use certain Services, you must become a Registered User. A “Registered User” is a user who has registered for an account on the Site (“Account”). To register for an Account, you must provide us with your first name, last name, and email address.
You must create a password for your account. You are solely responsible for the confidentiality of your password, as well as for any use of the Services made using your password. Your password should only be used by you, and you should not share your password with any third party. You agree that you shall monitor your Account and accept full responsibility for any unauthorized use of your Account. You agree to (1) notify us immediately of any unauthorized use of your password or any other breach of security and (2) exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right, at our own discretion, to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). We also reserve the right to delete or change any usernames or password at any time and for any reason upon notice to you.
- Not to create an Account using a false identity or information, or on behalf of someone other than yourself;
- That you shall not have more than one Account at any given time
- Not to create an Account or use the Services if you have been previously removed by Services, or if you have been previously banned from any of the Services
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Ascend.
- Copyright and proprietary rights information
The Services contain material, such as text, graphics, images, and other material provided by or on behalf of us (the “Content”). The Content is owned by us or our licensors and is protected under both United States and foreign laws. We reserve all rights to our Consent and may at our discretion, change Content, remove Content, restrict access to certain Content sections of the Services, or to discontinue any aspect of the Services, without notice or penalty.
We also retain all rights, title, and interest in and to the Service, including all data, materials, specific implementations of XHTML, CSS, and other code, the look and feel, the design, and all other aspects of the trade dress of the Services, and retain all intellectual and property rights therein.
The Services contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Ascend. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Ascend and/or other parties is granted to or conferred upon you.
You shall not: (1) use our trademarks, service marks or logos without our written permission in each instance; (2) copy or use the Content for any purpose other than your own personal use in accordance with these Terms; (3) remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content; (4) sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose; or (5) use or post the Content on any other website or in a networked computer environment.
The Services may contain technical inaccuracies or typographical errors or omissions. We reserve the right to make changes, corrections and/or improvements to the Services, and to the products and programs described in such information, at any time without notice.
- Your license to use the Services
Subject to your compliance with the Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your personal, noncommercial use. In consideration of your use of the Services, you agree to provide true, accurate and current information about yourself as prompted by the required registration forms.
The rights granted to you herein are subject to the following restrictions: You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or service found on or obtained from the Site; provided that you may download, reproduce, and retransmit the Services or any content therein solely for non-commercial purposes.
In addition, you warrant and agree that while using the Service, you will not do any of the following:
- Impersonate any other person or entity;
- Submit any information pertaining to a third party without that party’s understanding and express consent;
- Submit false or misleading information;
- Exploit this Service for any commercial reason;
- Engage in any activity or behavior that is criminal or violates applicable laws and regulations;
- Commit any action which could give rise to civil liability;
- Upload or attempt to upload any computer virus, malicious computer code, file program, or any other digital property; and
- Restrict others from making use of the Services or commit any action that interferes with, blocks, or otherwise harms the Service.
Use of the Service by you does not grant to you ownership and any commercial use or exploitation of the Services by you is expressly prohibited. You may not exploit, copy, redistribute, or reproduce any aspect of the Services. Doing so may be a violation of applicable Federal and state laws and may subject you to liability.
- Necessary equipment and software
You must provide all equipment and software necessary to connect to the Services Properties, including but not limited to, an internet-connected device that is suitable to connect with and use Services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.
- Disclaimer of warranties
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We also make no warranties or representations of any kind regarding the accuracy or reliability of the information provided, that the Services will be secure, uninterrupted, or error-free, or will meet your requirements.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
Further, we make no representations or warranties regarding:
- The affiliation of any Provider who may contact you. We expressly disclaim all responsibility for the actions of any Provider who may contact you through the Services. If you are dissatisfied with the Services, your sole remedy is to discontinue its use.
- The accuracy or reliability of information or Content we provide on the Services. Availability of products or services may vary by state and may not be available to you.
- The availability, appropriateness, or quality of a quote from any particular Provider or company mentioned on the Services.
- Any sponsorship by any company mentioned on the Services, or of any other relationship with any such company.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- Limitation of liability
In in no event shall Ascend or its agents, representatives or licensors (the “Ascend Parties”) be liable for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise, resulting from, or in any way connected to, the use of the Services or any Content, in each case regardless of whether such damages are based on contract, tort, strict liability, or those other theories of liability.
To the maximum extent permitted by law, under no circumstances shall the Ascend Parties be liable to you for more than the greater of (a) the fees paid by you within the twelve (12) months prior to the act, omission or occurrence giving rise to such liability; (b) the remedy or penalty imposed by the statute under which such claim arises; and (c) one hundred dollars ($100.00). Access to, and use of, the Services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. Your sole and exclusive remedy for dissatisfaction with the Services is to stop using the same.
In addition, you acknowledge and agree that the Ascend Parties are not liable, and you agree not to seek to hold Ascend Parties liable, for the conduct of providers and other third parties, including operators of external sites, and that the risk of injury from such providers and third parties rests entirely with you.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of third party sites).
If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ASCEND AND YOU.
You agree to indemnify and hold harmless Ascend (and its parents, directors, officers, employees, subsidiaries, agents, and affiliates) from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, due to or arising in any way from the use or misuse by you of the Services, your violation of these Terms, your violation of any law, or infringement by you of any right of any person or entity.
- Dispute resolution; binding arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ASCEND AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Binding arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of these Terms or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Ascend agree (1) to waive your and Ascend’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services, resolved in a court, and (2) to WAIVE YOUR AND ASCEND’S RESPECTIVE RIGHTS TO A JURY TRIAL. Instead, you and Ascend agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
b. No class arbitrations, class actions or representative actions.
You and Ascend agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Ascend, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Ascend agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Ascend agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.
c. Notice; informal dispute resolution
You and Ascend agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within 30 days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally.
Notice to Ascend shall be sent by certified mail or courier to AscendMedicare.com, 195 Broadway, 3rd Floor, New York, NY 11211. Your notice must include (1) your name, postal address, telephone number and/or mobile phone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 17, and will include (1) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that we are seeking.
If you and Ascend cannot agree how to resolve the Dispute within 30 days after the date notice is received by the applicable party, then either you or Ascend may, as appropriate and in accordance with this Section 13, commence an arbitration proceeding or, to the extent specifically provided for in Section (d) below, file a claim in court.
Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Ascend agree that any Dispute must be commenced or filed by you or Ascend within one year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Ascend will no longer have the right to assert that claim regarding the Dispute).
You and Ascend agree that (1) any arbitration will occur (i) in New York, New York, (ii) in the county where you reside, or (iii) telephonically; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference; (3) the seat of the arbitration will be New York, New York; and (4) state or federal courts of the State of New York and the United States, respectively, sitting in New York County, New York have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards.
The parties shall attempt to agree on the single arbitrator to be appointed to resolve the Dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Commercial Arbitration Rules shall apply. You may also litigate a Dispute in the small claims court located in the county of your residential address if the Dispute meets the requirements to be heard in small claims court. Each party will be responsible for its costs incurred in such arbitration, and the arbitrator does not have the authority to re-allocate those costs in an award or otherwise.
If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and Ascend will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.
e. Authority of arbitrator
As limited by applicable law, these Terms and the applicable AAA rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 13, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this Section 13, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
f. Rules of AAA
The AAA Rules and additional information about the AAA are available on the AAA website. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you have read and understand the AAA Rules, or (2) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
If any term, clause or provision of this Section 13 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 13 will remain valid and enforceable. Further, the waivers set forth in Section 13(b) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
- Governing law
Any disputes arising out of or related to the Services shall be governed by and construed and enforced in accordance with, the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York. You agree that any claim arising from or related to the Services must be filed within twelve (12) months of your use of the Services, regardless of any statute or law to the contrary.
- Links to third party sites
The Services may contain links to sites that are controlled by third parties. These linked sites are not under the control of Ascend, and Ascend is not responsible for the contents of any linked site or any link contained in a linked site. Ascend is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ascend of any linked site or constitute any warranty by Ascend of any linked site or any items contained on such site.
- Collection and use of personal information
- Electronic communications
By entering into these Terms or using the Services, you agree to receive electronic communications from us via e-mail, and push notifications. These communications may include operational notices about the Services or your Account (e.g., password changes and other transactional information), and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
By providing your phone number to us, you consent to receive calls or text messages at any such phone number sent by us or on our behalf. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. If you wish to opt out of promotional calls or texts, you may respond to any promotional text received on your mobile device with the word “stop” to opt out of promotional texts. Following such opt-out, you may continue to receive calls or messages for a short period of time while Ascend processes your request. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. However, you acknowledge that opting out of receiving all calls or texts may impact your use of the Services.
These Terms will remain in full force and effect while you use the Services. We may terminate these Terms and your access to all or any part of the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. Termination of any Services includes removal of access to such Services and barring of further use of the Services.
Upon termination of the Services or any part thereof, your right to use such Services will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Materials associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Materials. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
These Terms constitute the full understanding between you and us. If any provision of these Terms is found to be invalid or unenforceable, the other provisions shall remain in full force and effect. Further, you agree that for any provision that may be found to be invalid and unenforceable, you shall ask the court to endeavor to give effect to the intent of the provision.
- Changes and to these Terms
These Terms are effective as of the date specified above. WE MAY CHANGE THESE TERMS AT ANY TIME IN OUR SOLE DISCRETION. When changes are made, we will make a new copy of the Terms available on the Site. We will also update the “Effective Date” at the top of the Terms. If we make any material changes and you have registered with us to create an Account we may also send an e-mail to you at the last e-mail address registered to your account. Your continued use of the Services after any such change will constitute your acceptance of any modified terms. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
- Contacting us
If you have any questions about the Services, you may contact us at:
195 Broadway, 3rd Floor
New York, NY 11211