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Haz clic aquí para aprender mas sobre Keen en inglésThese terms and conditions of use (“Terms of Use”) govern your use of the website located at choosekeen.com, and any associated websites, mobile sites or applications, products, and software (collectively the “Sites”). The Sites are intended to facilitate finding and booking appointments with licensed Medicare advisors (collectively, the “Services”). The Sites and the Services are owned and controlled by Keen Health, Inc. and its subsidiaries, affiliates, successors, and assigns (collectively, “we”, “us”, or “our”). The terms “you” and “your” mean you or any other person using the Sites on your behalf. Please read these Terms of Use carefully and in their entirety, as these Terms of Use include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions regarding these Terms of Use.
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Sites and the Services. By using the Sites and the Services, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, our Privacy Policy, and other policies as may be enacted from time to time. Please note that additional terms and conditions may apply to some of the Services,all of which terms are made a part of these Terms of Use by reference. In the event of a conflict between these Terms of Use and the terms posted to a specific portion of a Site or for any of the Services, the supplemental terms shall control with respect to your use of the specific portion of the Sites or the Services. Additionally, your ability to use some of the Services may involve other terms and conditions regarding third party products and services. These terms and conditions may apply to you, but in no event shall such terms apply to us.
You agree that information provided by you in connection with the Sites and the Services shall be governed by our Privacy Policy, which is hereby incorporated and made a part of this Agreement. Please read the Privacy Policy to learn how your information will be handled.
These Terms of Use will remain in full force and effect for as long as you use the Sites and any of the Services. To use many of the Services, you must first create a user account (“Account”). The terms “you” and “your” as used in these Terms of Use also include any person accessing your Account on your behalf.
You must safeguard your login information that you use to access your Account and you must not disclose this information to anyone. You must notify us promptly of any unauthorized use of your Account or password by emailing us at the contact information listed below.
We may contact you by telephone, mail, text, or email, including via automated technology, to verify your Account information. We may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend,discontinue, or deny your access to and use of the Sites and the Services until you provide the information to us as requested.
In the event that your Account is terminated, these Terms of Use will remain, to the extent applicable, in full force and effect.
We reserve the right, in our sole discretion, to terminate your Account, with or without cause, and with or without notice.
We operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Sites and/or the Services is limited exclusively to users located instates within the United States where the Services are available. Accessing the Sites or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
In your use of the Sites or the Services, you may submit, upload, post, or transmit to us content, including without limitation text, photos, audio, code,instructions, requests, ideas, suggestions, comments, forms and agreements,files, videos, images, and other materials (collectively, “User Information”). You agree not to provide any User Information that:
You agree not to contact other users of the Sites through unsolicited e-mail,telephone calls, mailings, or any other method of communication.
You understand and agree that any User Information you provide through the Sites or the Services, whether by direct entry, submission, phone, text, chat, email or otherwise, including, but not limited to, data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. By submitting, posting, or displaying User Information, you give us and our sub-licensees, successors, and assigns a perpetual, irrevocable, worldwide,royalty-free, and non-exclusive license to reproduce, adapt, modify, translate,publish, publicly perform, publicly display, distribute, reproduce, edit,reformat, and create derivative works from any User Information that you submit, post, or display on or through the Sites or the Services, to the extent permitted by applicable privacy laws.
Such information may be used for any purpose, including, without limitation,reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. We shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the Sites or the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
You represent and warrant that you have the right to provide all User Information as set forth herein. If you violate the restrictions set forth in this User Information section or under “Your Restrictions” below, we have the right to immediately remove your User Information from the Sites.
You may not:
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of your information or related materials from the Sites.
In addition to any other representations and warranties set forth in these Terms of Use, you represent and warrant and agree that:
Electronic Communications. When you use the Sites orServices, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a)all agreements and consents can be signed electronically and (b) all notices,disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be inwriting.
Call Recording and Monitoring. You acknowledge that telephone calls to or from us may be monitored and recorded and you agree to such monitoring and recording.
Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided tous, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information you provided is false or inaccurate, we may suspend or terminate our relationship with you at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message you receive from us or to info@choosekeen.com.
Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing us with your phone number, you expressly agree for us to contact you at the number you have provided, including by artificial voices, prerecorded voice messages, and/or autodialed phone calls and text messages (such as SMS, MMS, or successor protocols or technologies) involving informational, Services related, and marketing communications relating to the Sites and the Services, and/or your relationship to us. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s)is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, orphone numbers provided by you or your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from us, even if you terminate your relationship with us, except if you opt out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. If you do not consent, you may call us at (888) 443-5336 or email us at info@choosekeen.com to further inquire about our products and services. To opt-out, please see the Opt-Out Instructions below.
Opt-Out Instructions. Your consent to receive automated calls and text messages is completely voluntary. You can opt-out at any time. To opt-out of text messages, text STOP to any text message you receive from us or email info@choosekeen.com and specify that you want to opt out of text messages. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you may email us at info@choosekeen.com or call us at (888) 443-5336 advising that you want to opt out of automated calls and specifying the phone number(s) for which that opt-out should apply. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. Please also note that by withdrawing your consent, some Site features and certain Services may no longer be available to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
Fees and Charges. There is no fee to receive automated telephone calls or text messages from us. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.
Unauthorized Use of Your Telephone Device. You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
Your Indemnification to Us. You agree to indemnify us for any privacy, tort or other claims,including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify and hold us harmless from and against any and all such claims, losses, liability, costs and expenses(including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
Release of Claims. In consideration of the services provided by us, you hereby release us from any and all claims, causes of action, lawsuits, injuries, damages, losses,liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, orlawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act,Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.
Copyrights, trademark rights, database rights, design rights, and any and all other intellectual property and other rights relating to the Sites, the Services, andany information or documents offered by us and/or the Sites existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound,illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively, the “Materials”), are our property. All elements of the Sites, including without limitation the general design and the Materials, are protected by trade dress, copyright,moral rights, trademark, and other laws relating to intellectual property rights. The Sites, the Services, and the Materials may only be used for the intended purpose for which they are being made available.
Images of people or places displayed on the Sites are either our property or used with permission. The use of these images by you, or anyone else authorized by you,is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Sites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity,and communications regulations and statutes.
A single copy of the Materials may be downloaded or otherwise copied from the Sites for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying,reproduction, publication, posting, transmission, or distribution of any part of the Materials in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Sites. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights. We neither warrant nor represent that your use of the Materials will not infringe the rights of third parties not owned by or affiliated with us.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that content appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content posted on the Sites infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the content be removed, or access to it blocked.The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to the contact information listed below. Consult your legal advisor and see 17 U.S.C. § 512before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Although we attempt to ensure the integrity and accuracy of the Services descriptions, the Materials, and other content on the Sites, we make no representations,warranties, or guarantees whatsoever as to the correctness or accuracy of the Sites, the Services descriptions, the Materials, and other content on the Sites. It is possible that the Sites could include typographical errors,inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Sites by third parties. Materials contained on the Sites may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Sites from any third party not affiliated with us. We may at our discretion withdraw,suspend, or discontinue any functionality or feature of the Sites or the Services, among other things. We are not responsible for transmission errors,corruption, or compromise of information carried over local or interchange telecommunications carrier. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Sites in accordance with our internal record retention and/or destruction policies.
The Sites may allow connectivity (e.g., via links or references) through websites, platforms, and applications maintained by third parties such as Facebook and Twitter over whom we have no control. Any content you provide through those third-party websites are subject to terms and conditions of those websites. Inclusion of any link to such third-party websites does not imply an endorsement or recommendation by us. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SITES OR THE SERVICESIS AT YOUR SOLE RISK. THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND“AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (2) WE MAKE NO WARRANTY THAT (a) THESITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c)THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SITES WILL BE CORRECTED; (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS; AND (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY.SPECIFICALLY, WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS,STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES AND ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION;(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE ELECTRONIC OR TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES. FURTHER, PLEASE NOTE THAT NOADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITES OR THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (e) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS ORDATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR WITH RESPECT TO THE SERVICES.
Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you and your respective affiliates, successors and assigns and us and our respective affiliates, successors, and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and your respective affiliates, successors and assigns and us and our respective affiliates, successors, and assigns, nor shall any provision give any third parties any right of subrogation or action over against you and your respective affiliates, successors and assigns and us and our respective affiliates, successors, and assigns.
You may not assign, transfer, or delegate these Terms of Use or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of these Terms of Use, and any rights or duties hereunder or thereunder. These Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assigns of the parties.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York excluding its conflict of law rules.
Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with its commercial arbitration rules and any supplementary rules and procedures for consumer related disputes by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the JAMS in accordance with its commercial arbitration rules. The place, or legal seat of arbitration, shall be New York,and the language of the arbitration shall be English. You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class,and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate,including, but not limited to, injunctive relief and specific performance, andany interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award.Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism,war, invasion, failures of any public networks, electrical shortages,earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, orother disaster.
You agree to defend, indemnify, and hold us, and our affiliates, harmless from and against any and all rights, demands, losses, liabilities, judgments, fines,interest, penalties, damages, claims, expenses, causes of action, actions,suits (no matter whether at law or equity), fees, and costs, (including, without limitation, attorneys’ fees and fees of other professional advisors)arising directly or indirectly out of or in connection with: (a) your use or misuse of the Sites, the Services, the Materials, or any information posted on the Sites; (b) your breach of these Terms of Use or the Privacy Policy; (c) the content or subject matter of any information (including without limitation User Information) you provide to us; (d) any negligent or wrongful act or omission by you in your use or misuse of the Sites, the Services, the Materials, or any information on the Sites, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct;and/or (e) your failure to comply with any applicable laws or regulations.
We reserve the right, in our sole discretion, to terminate your access to all or part of the Sites, with or without cause, and with or without notice. Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature of the Sites or the Services are incorporated by this reference into these Terms of Use.
We reserve the right to modify these Terms of Use from time to time in our sole discretion, effective upon posting. In the event of such changes, we will post the changes on the Sites and/or notify you via email. Any use of the Sites or the Services after such changes will be deemed an acceptance of those changes.You should periodically visit this page to review the current Terms of Use, soyou are aware of any such revisions to which you are bound.
These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof. In its sole discretion, certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Sites.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Your use of the Sites or the Services is independent of us and not as our employee, agent, partner, or joint-venturer for any purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
How to Contact Us:
Please email us at info@choosekeen.com