Terms and Conditions
What is the Purpose of this Document?
All personally identifiable information collected on this Site by EnrollWell, LLC is considered Personal Information and will be treated in accordance with this Privacy Notice. By using this Site and submitting your Personal Information, you agree with and consent to the processing, transfer, usage, and storage of your Personal Information in accordance with this Privacy Notice.
Our Policies and Practices to Protect Your Personal Information
EnrollWell, LLC is committed to protecting the privacy of Internet users who visit this Site. EnrollWell, LLC’s intent always is to use and, if appropriate, to disclose your Personal Information in a manner consistent with applicable laws and regulations, contractual obligations, and our company’s policies and procedures. We protect Personal Information we collect about you by maintaining physical, electronic, and procedural safeguards designed to meet or exceed applicable laws.
To safeguard your Personal Information, the electronic storage and transmission of Personal Information are secured with appropriate security technologies. Access to this Site’s servers is limited to employees, agents, and contractors of EnrollWell, LLC and its subsidiaries, all of whom are required to preserve the confidentiality of Personal Information they receive while performing their jobs and conducting the business of EnrollWell, LLC.
Information We Collect
EnrollWell, LLC collects two types of information about you when you visit the Site or use our Services: Personal Information that you provide and technical, aggregate, and non-personal types of information collected by automated means.
Personal Information You Provide
This generally includes:
First, middle, and last name
Postal or other street address
Date of Birth
Credit card information
Username associated with your account
Details about devices used to access our websites such as IP address, browser information, device information, and operating system information
We may also collect information about the use of websites, mobile applications, social media presence, and internet-enabled services and platforms by automated means, such as cookies, web beacons, HTML5 local Storage, and other technologies. EnrollWell, LLC does not use technology that recognizes do-not-track signals from your browser.
Publicly available information
We may aggregate any personal data that we collect in connection with our Services or Site, such that the information is no longer personally identifiable or attributable to you. We may use such aggregated information for our own legitimate business purposes, such as viewing website traffic and website user behaviors.
We may collect personal information from a variety of sources, including:
Directly from you by telephone, fax, postal mail, or email, including when you use our “Email Signup” function to receive emails from EnrollWell, LLC
Through your use of our Site
From our vendors such as those discussed below in the Use and Disclosure of Personal Information section
From third parties such as those discussed below in Use and Disclosure of Personal Information section
Automatically from devices you use to connect with our Site
Through automated technologies and online tools (e.g., cookies)
From government agencies or public records
From EnrollWell, LLC’s blogs, should you choose to provide comments
Employment applications, should you apply for a job with EnrollWell, LLC
Insurance policy quotes, should you solicit a quote from EnrollWell, LLC
Use and Disclosure of Personal Information
This Site may be hosted on web servers in the United States, the United Kingdom, Hong Kong and/or Australia. These countries may not provide the same level of data protection as your country of residence.
EnrollWell, LLC will not exchange, sell for monetary value, or otherwise distribute your Personal Information without your consent, except to the extent required by law, in accordance with your instructions. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law. If you do not consent, do not provide any Personal Information via this Site.
Below we provide how we use your personal information and with whom we share your personal information with.
Use of and Disclosure within EnrollWell, LLC Family of Companies. We may share your Personal Information with companies within the EnrollWell, LLC family of companies. We may use such information to ensure that the content from our Site is presented in the most effective manner for you and your computer; to provide you with information, products, or services that you request from us or which we feel may interest you (where you have consented to be contacted for such purposes); to carry out any obligations arising from any contracts entered into between you and EnrollWell, LLC; to allow you to participate in interactive features of our service (when you choose to do so); and to notify you about changes to our service. If you do not consent, do not provide any Personal Information via this Site.
Use of and Disclosure to Third-Party Agents and Service Providers, Generally. We sometimes contract with other companies and individuals to perform functions or services on our behalf. For example, EnrollWell, LLC sometimes contracts with entities that host websites; entities that receive employment applications; and entities that send e-mail messages and/or make phone calls on our behalf. They may have access to Personal Information—such as names, e-mail addresses, and telephone numbers—needed to perform their functions, but they are restricted from using such Personal Information for purposes other than providing services for EnrollWell, LLC and are required by EnrollWell, LLC to maintain the confidentiality of such Personal Information. If you do not consent, do not provide any Personal Information via this Site.
Use of and Disclosure to Insurance Companies and Intermediaries. In the event you request a quote for issuance of an insurance policy or seek to purchase insurance through the Site, we may share your Personal Information, including, but not limited to, medical, financial, drivers’ license, and/or other Personal Information you choose to provide with insurance companies or intermediaries for purposes of obtaining quotes and placing insurance on your behalf. If you do not consent, do not provide Personal Information for purposes of purchasing insurance or obtaining quotes for insurance via this Site.
Use of and Disclosure of Credit Card Data to Credit Card Vendors Processing Payment. Further, if you choose to purchase an insurance policy or policies through our Site using a credit card or debit card, then your credit or debit card information will be collected and processed by EnrollWell, LLC and/or EnrollWell, LLC’s payment processing vendor. If you choose a recurring billing option to cover payment of future premiums, then your credit card or debit card information will be stored until you cancel recurring billing. Although EnrollWell, LLC takes steps to confirm that its third-party credit and debit card processing vendors have adequate privacy protections in place and requires such processing vendors to comply with all applicable data privacy laws and regulations, EnrollWell, LLC cannot guarantee the data privacy practices of any third party. By submitting your credit card or debit card information via this Site, you consent to the collection, processing, and usage of credit card or debit card information by EnrollWell, LLC and by any third-party vendors assisting with credit and debit card transactions. If you do not consent to this, do not provide credit and debit card information via this Site.If you are outside of the United States and choose to submit credit or debit card information via this Site, such information may be transferred to EnrollWell, LLC and/or to insurance providers and/or payment processing vendors, all of which may be located in the United States and/or in other countries not deemed to provide an adequate standard of data protection. By submitting credit card and debit card data for the purpose of obtaining quotes for insurance and/or for the purpose of entering into an agreement that will provide you with insurance coverage, you consent to the processing, transfer, usage, and/or storage of your credit card or debit card data outside of your country of residence. If you do not consent to this, do not provide credit card or debit card data via this Site.
Use of and Disclosure of Résumés and Applications to Third-Party Vendors Assisting EnrollWell, LLC with Recruitment and Employment Processes. This Site provides an opportunity to submit inquiries regarding career opportunities and to submit your résumé and an application form to us to apply for a position in the United States through this Site. If you submit information for such purposes, we will use the Personal Information you provide to evaluate your qualifications and contact you regarding any positions at EnrollWell, LLC or any of its affiliated companies in which we believe you may be interested. All applications and other information submitted via this Site will be collected and processed through a third-party vendor. If you are outside of the United States and choose to submit an application and/or a résumé via this Site, information you submit for employment purposes may be transferred to EnrollWell, LLC and/or third parties located in the United States and/or other countries not deemed to ensure adequate levels of data protection. By submitting Personal Information for employment purposes, you consent to the processing, transfer, usage, and/or storage outside of your country of residence, and to the processing, transfer, usage, and/or storage of your data by any third-party vendors assisting EnrollWell, LLC with recruitment and employment processes. If you do not consent, do not provide Personal Information for employment purposes via this Site.
Use of and Disclosure to Third Parties in Connection with Legal Matters. EnrollWell, LLC may preserve, and has the right to disclose without your prior permission, any information about you or your use of this Site if EnrollWell, LLC has a good faith belief that such action is necessary to: (a) Protect and defend the rights, property, or safety of EnrollWell, LLC or its affiliates, employees, other users of this Site, or the public; (b) Enforce the terms and conditions that apply to use of this Site; or (c) Respond to claims that any content violates the rights of third parties. We may also disclose information as we deem necessary to comply with any applicable law, regulation, legal process, or governmental request. By submitting Personal Information via this Site, you consent to the processing, transfer, usage, and/or storage of your Personal Information for any such purposes. If you do not consent, do not provide Personal Information via this Site.
Use of and Disclosure to Third Parties in Connection with Mergers and Acquisitions. We may disclose your Personal Information to third parties in connection with the sale or purchase of any business or assets. If you do not consent, do not provide Personal Information via this Site.
Use and Disclosure of Blog Comments and Related Personal Information to Third Parties. If you choose to add a comment to any of EnrollWell, LLC’s blogs, we will collect your name and e-mail address, along with any Personal Information you choose to include in your comments. Such information may be transferred to the United States and/or other countries not deemed to ensure adequate levels of data protection. Further, in the event we publish your comments on our Site, your name will be published on our Site, along with your comments. By submitting any such comments, you consent to the processing, transfer, usage, and/or storage of your comments, including any Personal Information you provide. If you do not consent, do not submit comments to EnrollWell, LLC’s blogs via this Site.
Our Site includes links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to read the privacy statements of every website they visit. This Privacy Notice applies solely to information collected by EnrollWell, LLC when you visit this Site.
Information Storage and Security
Our systems are configured to provide privacy, integrity, and authentication in Internet communications. The security measures we have taken help to ensure that when you visit our Site, your Personal Information is secure and encrypted, so that a third party cannot capture, read, or access your Personal Information while it is in transit between your computer and our system. However, the transmission of information via the Internet is not completely secure, and although we will do our best to protect your Personal Information, we cannot guarantee the security of information as it is transmitted to our Site. As such, any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to help prevent unauthorized access.
We limit internal access to our servers and have physical, electronic, and administrative safeguards in place to guard all Personal Information that we receive from visitors to our Site. At EnrollWell, LLC, we adhere to high standards of ethics and integrity in performing our jobs and conducting business.
However, it should be noted that there are some things, such as viruses and hacker attacks, which EnrollWell, LLC and other website operators cannot control.
Please note that the information we collect from you may be processed, transferred, and/or stored outside of your country of residence. Such location may not be deemed to have the same level of privacy protections as your country of residence; however, EnrollWell, LLC will take all steps reasonably necessary to help ensure that your Personal Information is treated securely and in accordance with this Privacy Notice. By submitting your Personal Information, you agree to this processing, transfer, usage, and/or storage outside of your country of residence.
EnrollWell, LLC disposes of Personal Information in a secure manner by destroying or permanently erasing electronic data, and by disposing of hard copy data via burning, pulverizing, or utilizing shredding methods designed to ensure that Personal Information cannot be read or reconstructed.
Accessing, Correcting, or Removing Your Personal Information
If you would like to review your Personal Information, correct the Personal Information you have provided to us, and/or request that we remove your information from our records, contact EnrollWell, LLC’s Compliance Counsel via the contact detail noted below with the access, correction, or removal request. Each request will be reviewed and responded to in accordance with applicable laws. To cover internal costs for responding to access requests, EnrollWell, LLC may charge a reasonable fee to individuals desiring access to their Personal Information.
California Residents: Your California Privacy Rights
California residents have certain rights with respect to their personal information, as described below. We are required by law to verify your identity in connection with any request to prevent unauthorized access of your data. This may require us to request from you two (2) pieces of personal information so that we may match the same with personal information maintained by EnrollWell, LLC. Please note that your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). We will try to comply with your request as soon as reasonably practicable. Requests to exercise these rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. Where required by applicable law, we will notify you if we reject your request and notify you of the reason(s) we are unable to honor your request.
Right to Know and Access Information: You may access information we maintain about you using the methods provided below. If we grant your request, we will provide you with a copy of the personal information we maintain about you in the ordinary course of business. This may include what personal information we collect, use, or disclose about you. We may not fulfill some or all your request to access as permitted by applicable law.
Deletion of Information: You may request that we delete your personal information. Depending on the scope of your request, we may refrain from granting your request, as permitted by applicable law. For example, we may be legally required to retain your information in our business records. You may submit a deletion request using the methods provided below.
Opt-out of “Sale” and Certain Sharing Practices: We do not “sell” information as defined by the California Consumer Privacy Act.
Non-Discrimination: We will not discriminate against you, in terms of price or services that we offer, if you submit one of the requests listed above.
California residents may use an authorized agent on their behalf to exercise a privacy right discussed above. If you are an authorized agent acting on behalf of a California resident to communicate with us or to exercise a privacy right discussed above, you must be able to demonstrate that you have the requisite authorization to act on behalf of the resident and have sufficient access to their laptop, desktop, or mobile device to exercise these rights digitally. If you are an authorized agent trying to exercise rights on behalf of a EnrollWell, LLC user, please contact us at the contact information below with supporting verification information, which includes a valid Power of Attorney in the State of California, proof that you have access to the consumer’s interface, and proof of your own identify.
To Exercise Rights
Email: EnrollWell, LLC’s Compliance via e-mail at email@example.com
Mail: EnrollWell, LLC, Attention: EnrollWell, LLC Compliance, 325 W. Huron St, Suite 215 Chicago, IL 60654.
Additional California Rights
California’s “Shine the Light” law permits our Site visitors who are California residents to request and obtain from us once a year, free of charge, certain information about Personal Information (if any) we disclosed to third parties for direct marketing purposes. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send us an email or deliver the request via postal mail using the contact detail found in the “Contact Information for Questions, Comments, and Requests” section below. In addition, as noted above, EnrollWell, LLC is unable to implement Do Not Track (“DNT”) features at this time.
EnrollWell, LLC is committed to protecting the privacy needs of children and encourages parents and guardians to take an active role in their children’s online activities and interests. EnrollWell, LLC does not knowingly collect information from children under the age of 13, and EnrollWell, LLC does not target its Site to children.
We reserve the right to make changes to this Privacy Notice at any time. We encourage you to periodically review this Site for any updates or changes. EnrollWell, LLC will advise users of this Site of material changes to this Privacy Notice by posting a prominent notice on the Site homepage. Your continued access or use of this Site shall be deemed your acceptance of all terms and conditions contained in this Privacy Notice.
Contact Information for Questions, Comments, and Requests
If you have any questions or concerns about data privacy and security, the handling of your personal data or wish to make a request to access your information, please contact EnrollWell, LLC’s Compliance Counsel via e-mail at firstname.lastname@example.org or by mail to EnrollWell, LLC, EnrollWell, LLC, Attention: Compliance, 325 W. Huron St, Suite 215 Chicago, IL 60654.
1. Legally Binding Agreement
1.1. This Agreement has been prepared as a legally binding license agreement that conditions your use of this Site. This Agreement is for the purpose of protecting our rights to provide you with access to the free information provided on our Site (“Site Content” or “Content”) and other features available on our Site. If you do not want to be bound by all terms of this Agreement, you should immediately exit this Site and discontinue all use of our Site. If you remain on our Site or return at any point in the future, you agree to be bound by this Agreement.
1.2. Additional terms may be placed upon your purchase of the services and/or policies contained on our Site, and on your use of certain features on our Site (e.g., posting blog comments). These additional terms will be specifically set forth in connection with such purchases and/or usage of features. By making such purchases and/or using such features, you agree to be bound by all additional terms connected to such purchases and/or features. If you do not want to be bound by such additional terms in connection with the purchase of services and/or policies addressed on our Site or in connection with your use of any features on our Site, you should not make such purchases or use such features.
2. Revisions to Agreement
3. Your Rights
On the condition that you comply with all your obligations under this Agreement, EnrollWell, LLC grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of EnrollWell, LLC), view information and use any and all services that we provide on our web pages. Any use of this Site in excess of these rights is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site.
4. Site Access Privileges
4.1. Your access to our Site is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on our Site without notice. We affirmatively disclaim any liability for any occasions on which our Site may be unavailable for your use.
4.2. Your access privileges are conditioned upon your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that we may deny you access to the Site.
5. Assignment and Delegation
You agree not to assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. EnrollWell, LLC may assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation (replacement), effective upon notice to you, EnrollWell, LLC for any third party that assumes our rights and obligations under this Agreement.
6. Policy and Service Information on Our Site
6.1. We take reasonable efforts to provide up-to-date information on our Site about the insurance policies and services we offer. However, to ensure that you have the most accurate information concerning any policies or services that you are contemplating purchasing, you should always confirm the current terms and conditions with EnrollWell, LLC.
6.2. Site Content is not intended as professional advice on which reliance should be placed. A product or service shown on our Site may not necessarily be suitable for you—this is for you to decide (and, if in doubt, you should seek appropriate independent advice).
6.3. If you are eligible and decide to purchase a policy of insurance through our Site, by doing so you confirm that all answers given by you in your policy application are true and correct, that you have read and understood the relevant policy terms and conditions, and that you are satisfied the policy meets your needs.
6.4. EnrollWell, LLC cannot, and does not, guarantee that you will be issued a policy if you apply for one.
6.5. The information and statements you give, together with the policy terms and conditions, will form the basis of your contract of insurance if, in fact, any such contract of insurance is issued. Failure to provide true and complete information could result in any insurance policy that may be issued to you being rescinded or voided.
7. Intellectual Property Rights of EnrollWell, LLC
7.1. All original Content created and posted by EnrollWell, LLC on our Site (hereinafter referred to as the “Materials,” which include, but are not limited to, written Content prepared and posted by EnrollWell, LLC and the Site design, layout, look, appearance, and graphics), as well as the trademarks, service marks, and logos contained on our Site are owned by or licensed to EnrollWell, LLC and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. EnrollWell, LLC reserves all rights not expressly granted in, and to, our Site and the Materials on our Site.
7.2. Your use of the trademarks, service marks, and/or logos displayed on our Site, or any other original Materials on our Site, except as specifically permitted within this Agreement, is prohibited without the prior, written permission of EnrollWell, LLC, which may be requested by contacting EnrollWell, LLC’s Compliance Counsel via e-mail at email@example.com or by mail to EnrollWell, LLC, Attention: Compliance, 325 W. Huron, Ste 215 Chicago, IL 60654. Any unauthorized use of the Materials, trademarks, service marks, and/or logos on our Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations, and statutes.
8. Permissible and Prohibited Uses of Site and Site Materials
8.1. You may download or print a copy of any of the Materials on our Site for your personal reference and non-commercial use. However, if you download or print a copy of any of the Materials for your own personal reference and non-commercial use, you agree to retain all copyright and other proprietary notices contained in and on the Materials.
8.2. EnrollWell, LLC and/or its licensors (individuals or entities which have licensed Content to EnrollWell, LLC) may, on occasion, provide individuals or entities with a written license permitting the use of certain Materials on our Site for commercial purposes. However, you agree that you will not use any part of the Materials for any commercial purposes without first obtaining a written license from EnrollWell, LLC or its licensors specifically permitting the use of such Materials for commercial purposes.
8.3. You agree not to offer for sale or sell or distribute over any medium any part of our Site or Site Materials whatsoever. You further agree not to use any of our trademarks as metatags on other websites. You agree not to make any part of our Site available as part of another website, whether by hyperlink framing on the Internet or otherwise, without our prior written approval. To apply for such authorization, you must either contact EnrollWell, LLC via e-mail at firstname.lastname@example.org or by mail to EnrollWell, LLC, Attention: Compliance, 325 W. Huron, Ste 215 Chicago, IL 60654 with the following details:
Your name of the name of the technical contact responsible for the link(s);
The name of your company;
Your e-mail address and telephone number; and
The purpose or use you would like to make of the Materials.
8.4. If you print, copy, download, or otherwise use any part of our Site in breach of this Agreement, you agree that your right to use our Site will cease immediately and you further agree to return or destroy any copies of the Materials you have made if we so request.
8.5. You agree that you will not circumvent, disable, or otherwise interfere with security-related features of our Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of our Site or the Materials on our Site. You specifically agree that you will not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You further agree not to attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site. You also agree not to attack our Site via a denial-of-service attack or a distributed denial-of service attack. Unauthorized use and misuse of our Site is strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and/or criminal prosecution. If you commit any breach of this provision, you could be committing a civil and/or criminal offense, and we reserve the right to report any such breach of this provision to the relevant law enforcement authorities. In the event of such a breach, your right to use our Site will cease immediately.
9. Links to Other Sites
11. Content You Post on Our Site: Your Responsibilities; Your Grant of Non-Exclusive License to EnrollWell, LLC; Attribution; and Removal Rights
11.1. Our Site provides blogs and other features for user communication. You are entirely responsible for the Content of, and any harm resulting from, any Content you post to our Site (collectively, “Your Contributions” or “Contributions”).
11.2. License, Representation, and Warranty. By posting Your Contributions on this Site, you grant EnrollWell, LLC a perpetual, non-exclusive (meaning you are free to license Your Contributions to anyone else in addition to EnrollWell, LLC), fully-paid and royalty-free (meaning that EnrollWell, LLC is not required to pay you for any of Your Contributions), sublicensable (meaning EnrollWell, LLC can sublicense its rights to third parties), and worldwide (because the Internet and our Site are global in nature and reach) license to use, modify, create derivative works of, publicly display, reproduce, and/or otherwise distribute Your Contributions. You further represent and warrant that you own all rights to Your Contributions.
11.3. Attribution of User-Generated Content. You agree that EnrollWell, LLC may publicly identify you, without prior notification or consent, as the source of any User-Generated Content provided by you, and that such right shall survive the termination of your Site privileges, as well as the termination of this Agreement.
11.4. Removal Right. You expressly agree that we may remove, disable, or restrict access to, or the availability of, any of Your Contributions from this Site (including, but not limited to, Contributions that you have posted or stored) that we believe, in good faith and in our sole discretion, to violate the terms of this Agreement (whether or not we are in fact correct in our assessment), or which is the subject of a Notification duly sent to us pursuant to the Digital Millennium Copyright Act (“DMCA”). As addressed in detail in Section 14 herein, if you believe that we have acted mistakenly with respect to certain Contributions, you may contact EnrollWell, LLC’s Compliance Counsel via e-mail at email@example.com or by mail to EnrollWell, LLC, Attention: Compliance, 325 W. Huron, Ste 215 Chicago, IL 60654, in which case we may investigate the matter further. We reserve the right, however, to take no further action.
12. Your Affirmative Representations Concerning You and Your Contributions
When you post Contributions on our Site, you affirmatively represent and promise that:
You are thirteen (13) years of age or older;
Any information you submit is truthful and accurate;
You own or have sufficient legal rights to post Your Contributions on or through the Site;
Your Contributions do not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of EnrollWell, LLC or any other person or entity;
You have obtained and fully complied with any requisite third-party licenses relating to Your Contributions, and agree to pay for royalties, fees, and any other monies owing any person by reason of the Contributions that you post to or through our Site;
Your Contributions: (i) Are not defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable or incite, encourage, or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance, or harm against any group or individual; (ii) Do not contain material that solicits Personal Information from anyone under the age of thirteen (13); (iii) Do not exploit anyone in a sexual or violent manner; and (iv) Do not otherwise violate any applicable laws or regulations;
Your Contributions do not contain advertisements or solicit any person to buy or sell products or services (other than EnrollWell, LLC’s products and services);
You will not use our Site for any unauthorized purpose, including collecting user names and/or e-mail addresses of other users by electronic or other means for the purpose of sending unsolicited e-mail or other electronic communications or engaging in the unauthorized framing of, or linking to, the Site without the express written consent of the Company;
You will not post Contributions that constitute, contain, install, or attempt to install or promote spyware, malware, or other computer code, whether on EnrollWell, LLC’s or others’ computers or equipment, designed to enable you or others to gather information about, or monitor the online or other activities of, any individual or entity;
You will not transmit chain letters, bulk, or junk e-mail or interfere with, disrupt, or create undue burden on the Site or the networks or services connected to our Site, or use the system to send unsolicited or commercial e-mails, bulletins, comments, or other communications; and
You will not impersonate any other person or entity; sell or let others use your profile or password (to the extent applicable); provide false or misleading identification or address information; or invade the privacy, or violate the personal or proprietary right, of any person or entity.
13. Updating Your Contact Information
If you choose to provide us with contact information, you agree to update your contact information if it changes so we can contact you if necessary. You acknowledge and agree that, if you fail to timely update your contact information, we shall have no liability associated with, or arising from, your failure to provide us with accurate contact or other information.
14. Good Samaritan Third-Party Content Policy and Complaint Procedures
14.1. Policy. It is our policy not to allow any Content on this Site that may constitute intellectual property infringement; violation of U.S. federal, state, or local laws; child pornography; or obscene, defamatory, or otherwise objectionable material. Upon learning of the existence of any such Content, we will do our best, in good faith, to edit, remove, disable, change or restrict access to, or the availability of, Content that, in our subjective view and in our sole discretion, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any course of conduct.
14.2. Complaint Procedures. If you believe that another EnrollWell, LLC Site user or third party has posted Content that violates this policy (other than in cases of copyright infringement, which is addressed in Section 15 herein), we ask you to promptly notify EnrollWell, LLC’s Compliance Counsel via e-mail at firstname.lastname@example.org or by mail to EnrollWell, LLC, Attention: Compliance, 325 W. Huron, Ste 215 Chicago, IL 60654. In order to allow us to respond effectively, please provide us with as much detail as possible, including: (a) The nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed) or the unacceptable or inappropriate Content; (b) All facts which lead you to believe that a right has been violated or infringed, if applicable; (c) The precise location where the offending Content is located; (d) Any grounds to believe that the party or user who posted the Content was not authorized to do so or did not have a valid defense (including the defense of fair use), if applicable; and (e) If known, the identity of the person or persons who posted the infringing or offending Content; and (f) In the case of alleged copyright claims, information sufficient to identify the work and your claims to ownership.
14.3. Indemnification/Waiver of Certain Rights. By contacting us and complaining of an alleged violation, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of Illinois. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.
14.4. Waiver of Claims and Remedies. We expect our Site visitors to take responsibility for their own actions and cannot assume liability for any acts of third parties that take place at this Site. By taking advantage of the Good Samaritan procedures set forth herein, you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law (including, but not limited to, intellectual property laws) that arise out of, or relate in any way to, the Content on this Site or our response, or failure to respond, to a complaint.
14.5. Investigation/Liability Limitation. You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility to investigate complaints or to remove, disable, or restrict access to, or the availability of, Content. We support free speech on the Internet, and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient or incomplete. If you believe that Content remains on this Site that violates your rights, your sole and exclusive remedy shall be against the user or other party responsible for posting such Content, not against us. Your sole and exclusive remedy against us will be to terminate your use of this Site and service.
15. Digital Millennium Copyright Act Policy and Infringement Notification Procedures
15.1 Policy. EnrollWell, LLC’s policy is to respond expeditiously to clear notices of alleged copyright infringement that comply with the United States DMCA. This section describes EnrollWell, LLC’s process for infringement notification and counter notification; EnrollWell, LLC’s policy of terminating user rights for repeat copyright infringers; and EnrollWell, LLC’s accommodation of standard technical measures used by copyright owners to identify or protect copyrighted works. The information contained herein is intended to comply with EnrollWell, LLC’s obligations under the DMCA and does not constitute legal advice. Upon receipt of proper notification of claimed infringement, EnrollWell, LLC will follow the procedures outlined herein and in the DMCA.
15.2. Contact Information for EnrollWell, LLC’s Designated Agent. EnrollWell, LLC’s Designated Agent to receive notification of alleged infringement, as well as any counter notifications, under the DMCA is:
EnrollWell, LLC’s Compliance Counsel
Physical Mail: EnrollWell, LLC, Attention: Compliance, 325 W. Huron, Ste 215 Chicago, IL 60654.
15.3. Notice and Takedown Procedure. This section addresses the information required for infringement notices. It is designed to make submitted notices of alleged infringement to EnrollWell, LLC as straightforward as possible. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov), but EnrollWell, LLC will respond to other appropriate forms of notice as well.
It is anticipated that all users of any part of EnrollWell, LLC’s Site will comply with all applicable copyright laws. However, if EnrollWell, LLC receives proper notification of claimed copyright infringement, EnrollWell, LLC’s response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and, as appropriate, terminating user rights to post further Content on EnrollWell, LLC’s Site, regardless of whether EnrollWell, LLC could be liable for such infringement under the laws of the United States or another jurisdiction.
If EnrollWell, LLC removes or disables access in response to such a notice, EnrollWell, LLC will make a good faith attempt to contact the owner or administrator of the affected Site or Content so that they may make a counter-notification pursuant to the DMCA. EnrollWell, LLC also may document notices of alleged infringement upon which EnrollWell, LLC acts.
15.4. Copyright Infringement Notification. If you believe that Content available on or through this Site infringes one or more of your copyrights, or that your intellectual property rights have otherwise been violated through Content posted on this Site, please send EnrollWell, LLC’s Designated Agent, whose name and contact information is provided above, a written Copyright Infringement Notification (“Notification”), preferably through e-mail, that complies with the DMCA and provides all of the information described below:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EnrollWell, LLC to locate the material;
Information reasonably sufficient to permit EnrollWell, LLC to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Please Note: Pursuant to federal law, you may be liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Thus, if you are not sure whether Content available on EnrollWell, LLC’s Website infringes your copyright, we suggest that you first contact your personal attorney for the purpose of obtaining independent legal advice with respect to the Notification.
Acknowledgement. You acknowledge and agree that if you fail to comply with all of the requirements of this Notification, your Notification may not be valid.
15.5. Counter Notification. If you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to the DMCA, you may send us a Counter Notification (“Counter Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide EnrollWell, LLC’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number;
A statement that you consent to the jurisdiction of United States District Court for the [federal judicial district where you live] (or, if you are located outside of the United States, in the United States District Court for Illinois);
A statement that you will accept service of process from the person who submitted the Notification or his/her agent; and
Your signature, in physical or electronic form.
Please Note: Pursuant to federal law, you may be liable for damages and attorneys’ fees if you make any material misrepresentations in a Counter Notification. If you have any questions as to your right to send a Counter Notification, we suggest that you contact your personal attorney for the purpose of obtaining independent legal advice with respect to the Notification.
Upon receipt of such Counter Notification, EnrollWell, LLC will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that EnrollWell, LLC will replace the removed material or will cease disabling access to it in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material.
EnrollWell, LLC will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless EnrollWell, LLC’ss Designated Agent first receives notice from the person who submitted the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to materials on EnrollWell, LLC’s system or network.
15.6. Termination of Rights for Repeated Infringement. In accordance with the DMCA, EnrollWell, LLC’s policy is to terminate, in appropriate circumstances, the rights of users who are repeat copyright infringers to access or use EnrollWell, LLC’s Website.
15.7. Accommodation of Standard Technical Measures. It is EnrollWell, LLC’s policy to accommodate and not interfere with standard technical measures (used by copyright owners to identify or protect copyrighted works) that EnrollWell, LLC determines are reasonable under the circumstances.
16. Disclaimer of Warranties
16.1. To provide you with access to and usage of the Content on our Site, we offer and make no warranties or representations about any benefits or opportunities that you can obtain at this Site.
16.2. Neither we nor any third parties provide any guarantees, representations, statements, or warranties of any kind, either expressed or implied, as to the accuracy, completeness, timeliness, correctness, and/or suitability of any information or materials displayed on our Site. You acknowledge that such information and materials may contain inaccuracies or errors.
16.3. We do not warrant that access to our Site will be uninterrupted, available at any particular time or location, that the Content is error-free, that errors and/or defects will be corrected, that your use of Content displayed on our site will not infringe rights of third parties, or that this Site or the server that makes it available are free of viruses or other harmful components.
16.4. We make no warranty or representation that the material on our Site is appropriate or available for use in any location or is compliant with all local laws. You acknowledge that access to our Site is at your own risk.
16.5. To the fullest extent permitted by applicable law, we hereby expressly disclaim all express and implied conditions, warranties, and other terms. This disclaimer includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose and any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with our Site; or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it, and any materials posted on it, whether caused by negligence, breach of contract, or otherwise, even if foreseeable. Further, this disclaimer applies to any damages or injury caused, or alleged to be caused, by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
17. Limitation and Release of Liability
17.1. In order to provide you with access to, and usage of, the Content on our Site, to the fullest extent permitted by law, neither we, nor any other party involved in creating producing or delivering this Site will be liable for any direct, indirect, incidental, consequential, special or punitive damages, however caused, arising out of your access to, use of, or reliance on any information or materials provided on the Site, including, without limitation, for any errors, inaccuracies, omissions, or other defects in, or lack of timeliness or inauthenticity of, the information contained on the Site, or for any delay or interruption of access to the information contained on the Site or transmission of data with you or any user, or for any claims or losses arising therefrom or occasioned thereby, even if we have been advised of the possibility of such damages.
17.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. Further, we cannot, and do not, guarantee continuous, uninterrupted or secure access to the Site.
17.3. Release of Liability. You expressly agree that your access to, and use of, our Site, any Content thereon, and any product or service purchased or obtained through our Site are at your sole risk and are further subject to any additional terms and conditions provided with respect to any purchase you make and/or any service you utilize on our site. You agree to release, discharge, and hold harmless EnrollWell, LLC. and all subsidiaries, affiliated, and related companies, and each of its and their respective officers, directors, employees, representatives, contractors, and agents (collectively, the “Released Parties”), from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, from your use of, accessing, or participation in any feature of the Site, including, without limitation, your breach of this Agreement or the use by us or our designees of any rights granted by you. You further release the Released Parties from, and specifically acknowledge that the Released Parties are not liable for, any defamatory, offensive, or illegal conduct of other Site users or any third party, and that the risk of injury from the foregoing rests entirely with you.
You agree, at your own expense, to indemnify, defend, and hold harmless the Released Parties (defined above) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising in any way from: (a) your use of the Site; (b) your unauthorized use of any Content and/or EnrollWell’s products or services; (c) your breach or violation of this Agreement and any applicable laws; and/or (d) any allegation that any submissions or other materials you submit to us otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party. EnrollWell, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, and in such case, you agree to cooperate with EnrollWell, LLC in the defense of any such claim.
19. Effect of User Violation of Agreement or Misuse of Site
19.1. Restriction, Suspension or Termination of Site Access. EnrollWell, LLC may, in its sole discretion, restrict, suspend or terminate your right to access this Site if you violate this Agreement or otherwise misuse the Site or your Site privileges. EnrollWell, LLC may block access to this Site, in whole or in part, from an IP address or range of IP addresses associated with any restricted, suspended or terminated User.
19.2. Survival. The terms of this Agreement shall expressly survive any such suspension or termination.
20. Choice of Law/Agreement to Arbitrate in Chicago, Illinois/Exception to Arbitration Agreement
20.1. Choice of Law. Except for any disputes relating to intellectual property rights, obligations or any infringement claims, which shall be governed by U.S. federal law, any disputes between you and EnrollWell, LLC arising out of, or relating to, the Agreement (“Disputes”) shall be governed by Illinois law regardless of your country of origin or where you access EnrollWell.com, and notwithstanding any conflicts of law principles. All such disputes shall be construed in accordance with the laws of the United States and of the State of Illinois as applied to transactions entered into, and to be performed by, wholly within Illinois between Illinois residents.
20.2. Agreement to Arbitrate. All Disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of this Site shall be resolved by final and binding arbitration to be held in the English language in the City of Chicago, Illinois, pursuant to the rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part, of this Agreement is void or voidable. Further, if you are located outside of the United States, we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other appropriate country.
20.3. Exception to Arbitration Agreement. Either party to this Agreement may obtain preliminary injunctive relief in the Circuit Court of Cook County, Illinois located in the City of Chicago, Illinois, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
21. Complete Agreement/No Additional Representations
This Agreement constitutes the entire agreement between you and EnrollWell, LLC relating to your access to, and use of, this Site and supersedes any prior or contemporaneous representations or agreements. This Agreement may not be modified, either expressly or by implication, except as set forth herein in Section 2.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible to give effect to as much of the Agreement as possible.
23. Company Information
EnrollWell, LLC is a private company registered in Illinois, USA.