Terms of Service
About This Agreement
Welcome to Lucie, Inc. (fka INSXCloud, Inc.). We want you to be familiar with your rights and obligations relating to use of our website and services. Please carefully review all the terms below.
Here are a few important points:
1. About These Terms of Use
This website (“Site”) and its subdomains are owned and operated by Lucie, Inc. (collectively referred to as “Lucie”, “we”, “us” or “our”). Through this Site, Lucie may provide you with access to a variety of resources, including content (which may in some cases be downloadable), communication forums, personal web pages or profiles, service and product information, and other interactive features (including the Site, collectively, “Services”). These Terms govern the use of the Services and apply to all users visiting or accessing the Services. By using or accessing the Services, or any of the Site’s Elements (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions of service (the “Terms”), and our Privacy Policy, found at ([LINK]). The Terms constitute a legally binding agreement between you and Lucie as the owner and operator of the Services. You represent and warrant that you have all necessary authorizations to enter into this agreement, you are not barred from using the Services under any laws of the United States, your place of residence, or any other applicable jurisdiction, and that your use of the Services, including provision or use of any Content (as defined below), does not violate any applicable law. If you are using the Services on behalf of an employer or other entity, you represent and warrant that you have the
authority to bind such entity to the Terms. Only residents of the United States (including its territorial possessions) who are at least eighteen (18) years of age are authorized to access and use the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Lucie and meet all of the foregoing eligibility requirements.
If you do not agree to these Terms or you do not meet the foregoing eligibility requirements, you are not authorized to access or use the Services. Stop using any resources we make available and exit the Site and do not engage with the Services.
Modified or Additional Terms of Use
We reserve the right, in our sole discretion, to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time and without notice. We will post a revised version of these Terms on the Site and the revised Terms will be effective immediately thereafter. Your continued use of the Services following the posting of any such change, modification, or amendment to these Terms means you accept and agree to the changes. When we post changes to these Terms, we will revise the “last updated” date for these Terms. You should periodically review the “last updated” date at the top of these Terms so that you can familiarize yourself with any changes. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
Because we provide a wide range of services, we may ask you to review and accept supplemental terms of use that apply to a specific product, service, or software. To the extent any provision of supplemental terms is inconsistent with a provision of the Terms, the provision of the supplemental terms shall govern with respect to your use of such product, service, or software.
Section 15 of these Terms (Arbitration) contains provisions that govern how disputes between you and Lucie are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Lucie on an individual basis. Section 15 also includes a class action and jury trial waiver. Please read Section 15 carefully.
2. Consent and Privacy
By clicking on any button indicating an acceptance or agreement to any terms, a continuance of processing, a request for information or by making any other submission (“Submission”), you understand that you are agreeing to the stated terms and conditions of that Submission (which include these Terms) and that you are submitting an inquiry to Lucie, which may transmit your inquiry, including contact information, to third parties that are users of or are featured on the Services, including health insurance carriers, Producers, and government-run health insurance exchanges/marketplaces (each, a “Provider”). By including your telephone number and/or email address in any Submission, you are extending an express invitation and providing your express written consent to Lucie and our affiliates to contact you by telephone at the numbers you have provided (including through an automatic telephone dialing system and using pre-recorded, artificial voice, and/or text messages) so we or they may assist you with your use of the Services, and you hereby consent to any such calls or texts even if your phone number is on any corporate, state, or national Do Not Call list or registry. You also consent to receiving contact by email at any email address you provide. You will never be required to provide your consent to be contacted in order to purchase or receive goods or services. For SMS and MMS text messaging, message and data rates imposed by your mobile data provider may apply. You represent that all of the information you have provided in your Submission is true and complete. Where applicable, you authorize us to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties or credit bureaus.
When you use the Services to make a Submission, you agree to allow Lucie to add your telephone number and email address to our database of users. You may receive one or more marketing calls or emails from Lucie and our affiliates. You may opt out of receiving such marketing communications from us at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails, and calls. Your use of the Services signifies your acknowledgement of and agreement with our Privacy Policy, which is expressly incorporated into these Terms, and your consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Please note that we may make and retain records documenting your digital interactions with the Services for our valid business purposes (described in the Privacy Policy). We may engage the services of outside vendors to help us perform this activity.
3. User-Generated Content/User Contributions
You may not post content to this Site. As part of your use of the Services, however, you may be able to post content, including social media content on our other online properties that may be linked to this Site, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display, or transmit to other Users or other persons content or materials on or through the Services (“Content”). All Content must comply with the Content Standards set out in these Terms. Any Content will be considered nonconfidential and non-proprietary.
When you post Content, you grant us, our affiliates, and service providers, and each of their and our respective, designees, licensees, successor, and assigns, ownership in and to all the Content including all patents, copyrights, trademarks, and other intellectual property in the Content and the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You also agree that we may replicate and re-post any of the Content on any of the Services or other online properties as determined by us in our sole discretion, for visitors to this Site and our and our affiliates’ other online propertiesto view. Lucie may remove any Content, including any Submission to this Site or our and our affiliates’ other online properties, at any time in our sole discretion.
You represent and warrant that: (a) you own and control all rights in and to the Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your Content do and will comply with these Terms.
You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not Lucie, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any Content or other materials posted by you or any other user of the Services. We are not under any regulatory or contractual obligation to maintain, make available or store any such Content you post on the Services.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS LUCIE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LUCIE DURING,
OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER LUCIE OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted to the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards for User-Generated Content
These standards (the “Content Standards”) apply to any and all Content. Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Content must not:
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such
materials you or any other user of the Services, or by anyone who may be informed of any of its contents.
4. Our Services
PLEASE BE ADVISED THAT WE ARE NOT AN INSURANCE COMPANY, INSURANCE PLAN AND WE DO NOT PROVIDE HEALTH INSURANCE COVERAGE OR MEDICAL CARE, OR ANY LEGAL, FINANCIAL, OR ACCOUNTING SERVICES OR ADVICE. This Site acts as a venue to provide the Services, including allowing Providers to offer and sell health insurance products and other information to any consumer (each, a "Prospect"; and collectively with all Prospects, Providers and Producersthe users of the Services(“Users”) who has visited our Site or one of our affiliated sites and submitted an inquiry or request to be contacted by companies offering health insurance or other products. The Services and other Elements are tools offered for your informational and educational purposes only, and you are responsible for using your personal judgment to evaluate and confirm the information you obtain. DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT.
We are not responsible in any way for the conduct of any Prospect or third-party User. We do not endorse or recommend any plans offered by any Provider. The Providers that you inquire about or request to be contacted by may not respond with quotes or offers until they obtain additional information from you. Although we may be compensated by third-party Providers if you make a purchase, we do not make any decisions in connection with the offers that may be offered to you. Any compensation from Providers is payment for our services, tools, and facilities. Your use of the Services constitutes your agreement with this compensation arrangement. Lucie does not guarantee any form of insurance or specific terms or conditions with any Provider.
Providers are third parties and your experience with Providers may vary. Providers may request, verify, and record information that identifies each consumer who makes a submission. For example, they may ask for your name, Social Security Number or driver's license number, health information, address, date of birth, and other important identifying information. Your decision to provide this information to a third party is entirely your responsibility.
Providers are responsible for and may change their information and offerings at any time in their own discretion. Nothing on, or related to, the Site guarantees that you are eligible to receive coverage under any insurance plan offered by a Provider.
For Agents and Brokers
If you are a licensed health insurance broker or agent (a “Producer”) and wish you use the Service, you will be required to establish an account and obtain a username and password to access all functionality of the Services. You are solely responsible for maintaining the confidentiality of your account information, including your password. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your login information or any other breach of security. You also agree to ensure that you exit from or log out from your account at the end of each session, if applicable. You are responsible for any liability arising from account activity in an account registered to you. You are responsible for monitoring your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. In no event will we be liable for the unauthorized access to, or use or misuse of your username or password, account number or password. Please also review Section 10 (Identity Verification) of these Terms.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if, in our opinion, you have violated any provision of these Terms.
You agree that, if your agent (such as an employee or account administrator) purchased or accessed our Service(s) on your behalf, you are bound as a principal by all terms and conditions herein. Your continued use of our Services ratifies any actions of you acting as an agent, regardless of whether those acts are authorized or unauthorized by the principal.
5. Limited Right to Access and Use the Site and Other Services
Providers may compensate us for information that we gather from our Sites, and we may from time to time charge Users fees for utilizing services that may now or in the future be provided by the Services. Accordingly, we grant each User a limited, revocable, non exclusive right to use and access the Services in order to use the Services, all in accordance with these Terms, the Privacy Policy, any written agreement between you and Lucie, and any supplemental terms and conditions related to the Services that you may agree to. We further grant each Provider, Producer, and our third-party service providers a limited, revocable, non-exclusive right to use and access the password-protected portions of the Services (as applicable) in accordance with these Terms or any written agreement between us and the Provider, Producer, or the third-party service provider. These Terms and the limited right to use and access the Services is for your legitimate personal and noncommercial purpose only. Any other use of the Site or the Services is expressly prohibited, is a breach of these Terms, and may violate copyright, trademark, and other applicable laws.
Importantly, this limited right to use and access the Services does not include any right of collection, aggregation, printing, copying, duplication, display, or modification of the Services nor any right of use of data mining, robots, spiders, or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
If you collect, aggregate, print, copy, duplicate, display, or modify, or otherwise use or provide any person with access to any part of the Site or Services in breach of these Terms, your right to use the Site and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest, in or to the Site, Services, or any Content on the Site, is transferred to you, and all rights not expressly granted are reserved by Lucie.
6. Intellectual Property and Prohibited Activities
The Services, and the entire contents, features, and functionality (including, but not limited to, all information, software, text, files, displays, images, photos, maps, video, audio, and other materials (including Content), and the design, selection, and arrangement thereof on and/or available through the Services, (collectively, the “Elements”) are owned by Lucie, its affiliates, its licensors, or other providers of the Elements provided in the Services and are protected by copyright as a collective work and/or compilation, pursuant to U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Elements are only for each User’s personal use in accordance with the limited right to use and access grant contained in Section 5 of these Terms or any separate written agreement between each User and Lucie. All Elements on or available through the Services, and the Services themselves, are protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Elements. Copying or storing of any Elements other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. Lucie’s name, and all related names, logos, product and services names, trade and service marks, designs, and slogans used on or available through the Services (including, without limitation, a website or service’s domain name) are trademarks and the exclusive property of Lucie or its affiliates or licensors (as applicable). You may not copy or use them in any manner and all goodwill arising from the usage thereof shall inure to our (or our licensors’, as applicable) sole benefit. All other names, logos, product and services names, trade and service marks, designs, and slogans on or available through the Services are the trademarks of their respective owners.
7. Unauthorized Use
Unless otherwise provided within these Terms, or unless applicable law requires us to allow you to do so, you may not do any of the following:
If we believe that you are engaging in any activity through or in connection with the Services that appears to be in violation of the above, or in violation of any other provision of these Terms, or a violation of applicable law or regulations, we may, without limiting our other rights and remedies, immediately terminate any further use of the Services by you without notice or liability to us.
8. Changes to the Services
We may change, remove, suspend, or discontinue any aspect of the Services at any time, including the availability of any Site features, related interactive features, Elements, or database without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Services without notice to you or liability to us.
9. Data Transmittal
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Services from such user at locations within the United States.
10. Identity Verification
If you create a Lucie user account, we verify your identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Services or the Internet, generally. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER LUCIE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ONLINE USERNAME AND PASSWORD; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE USERNAME AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH LUCIE, ITS AFFILIATES,
USERS OF THE SERVICES. Further, we may suspend or cancel your account or your access to the Services at any time with or without notice if we suspect that your username and/or password is being used in an unauthorized or fraudulent manner.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL LUCIE, ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS, SUPPLIERS, LICENSORS, AND/OR CONTENT PROVIDERS (COLLECTIVELY, THE “LUCIE GROUP”) BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFIT, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, AND LOSS OF GOODWILL, ARISING OUT OF, BASED ON, IN CONNECTION WITH, OR RESULTING FROM OUR SITES OR SERVICES, THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN YOU AND OUR SERVICE PROVIDERS(S) BETWEEN SITE USERS, GENERALLY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION OR LEGAL THEORY, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE LUCIE GROUP, ANOTHER USER OF THE SERVICES WITH RESPECT TO THESE TERMS, OR THE SERVICES FOR ANOTHER REASON, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE OR THE SERVICES. IN ALL EVENTS, THE LUCIE GROUP’S LIABILITY TO YOU OR TO ANY
THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH SERVICES, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO $100.00.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Site for any reconstruction of any lost data. THE SERVICES, INCLUDING ALL CONTENT, ELEMENTS, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AND THE AVAILABILITY OF THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT AVAILABLE THROUGH THE SERVICES, MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY OF THE SERVICES, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13. Release
In the event that you have a dispute with one or more other Users (including, without limitation, any dispute regarding any transaction), you hereby agree to release, remise, and forever discharge the Services and the Lucie Group and each of their respective agents, directors, officers, members, managers, employees, successors, and all other related persons or entities from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Services. If you are a California resident, you are aware of, and understand, the provisions of California Civil Code Section 1542 (“Section 1542”), which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTY” (or any equivalent statutory provision with a similar import or intent), and you expressly, knowingly and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release. If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
14. Indemnification by User
You hereby agree to indemnify, defend and hold the Lucie Group, and each of its and their directors, managers, officers, employees, agents, and contractors (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of your use of the Services (including, without limitation, any dispute regarding any transaction), any act (or failure to act) by you or other users, whether authorized or unauthorized, of your account or any breach by you of these Terms or the representations, warranties, and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim. the Lucie Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without prior written consent of the Lucie Group.
15. Dispute Resolution
Arbitration
ANY DISPUTE, CLAIM, OR DISAGREEMENT ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICES, ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SERVICES, OR THESE TERMS, THE BREACH OF THESE TERMS BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU (OR, WITH RESPECT TO DISPUTES INVOLVING YOUR DATA SUBMITTED THROUGH ANY SITE OR THE SERVICE, BETWEEN YOU AND ANY PERSON WHO PURCHASES SUCH DATA) (EACH, A “DISPUTE”), YOU AGREE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS THEN CURRENT COMMERCIAL
ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES, AS MODIFIED BY THESE TERMS. SUCH ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR. THE ARBITRATOR IS BOUND BY THESE TERMS AND MUST ISSUE A WRITTEN DECISION SUFFICIENT TO EXPLAIN THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH AN AWARD IS BASED. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, EXCEPT THAT ISSUES RELATING TO THE SCOPE AND ENFORCEABILITY OF THE ARBITRATION PROVISIONS IN THIS SECTION ARE FOR A COURT TO DECIDE. ANY AWARD RENDERED SHALL BE FINAL AND CONCLUSIVE TO THE PARTIES, AND A JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ONE OF THE PARTIES TO THE DISPUTE IS A PERSON WHO PURCHASES YOUR DATA SUBMITTED THROUGH THE SERVICES, THEN SUCH ARBITRATION SHALL BE CONDUCTED IN A LOCATION CONVENIENT TO YOU; OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN SUMMIT COUNTY, OHIO. BY AGREEING TO RESOLUTION BY ARBITRATION, YOU AND LUCIE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
YOU MAY OPT OUT OF THIS ARBITRATION REQUIREMENT BY NOTIFYING LUCIE IN WRITING AT LUCIE, ATTN: LEGAL DEPT., 4040 EMBASSY PARKWAY, SUITE 270, AKRON, OH 44333. THIRTY (30) DAYS AFTER FIRST BECOMING SUBJECT TO THESE TERMS. IF YOU OPT OUT, ALL OTHER PROVISIONS OF THESE TERMS WILL CONTINUE TO APPLY TO YOU AND HAS NO EFFECT ON ANY OTHER AGREEMENTS TO ARBITRATE THAT YOU MAY CURRENTLY HAVE, OR MAY ENTER IN THE FUTURE, WITH US.
ANY DISPUTE PURSUANT TO THESE TERMS MUST BE INITIATED VIA ARBITRATION WITHIN THE APLICABLE STATUTE OF LIMITATION FOR THAT DISPUTE, OR IT WILL BE TIME BARRED. YOU FURTHER AGREE THAT ALL APPLICABLE STATUTES OF LIMITATION WILL APPLY TO SUCH ARBITRATION IN THE SAME MANNER AS THOSE STATUTES OF LIMITATION WOULD APPLY IN THE APPLICABLE COURT OF COMPETENT JURISDICTION. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.
Class-Action Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS AS TO ANY CLAIM, DISPUTE, OR CONTROVERSY THAT YOU MAY HAVE AGAINST LUCIE OR ITS AFFILIATES (OR, WITH RESPECT TO CAUSES OF ACTION INVOLVING YOUR DATA SUBMITTED THROUGH THE SERVICES, AGAINST ANY PERSON WHO PURCHASES SUCH DATA), AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES, AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT LUCIE OR
ANY PERSON PURCHASING YOUR DATA INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING, OR PARTICIPATING IN CLASS ACTION LAWSUITS AND OTHER CONSOLIDATED CLAIMS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. ANY PERSON WHO PURCHASES DATA SUBMITTED BY YOU THROUGH THE SERVICES SHALL BE DEEMED A THIRD-PARTY BENEFICIARY OF THE FOREGOING PROVISIONS IN THIS SECTION AND SHALL BE ABLE TO ENFORCE SUCH PROVISIONS DIRECTLY AGAINST YOU. FURTHER, UNLESS BOTH YOU AND LUCIE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
Forum for Certain Disputes that Are Not Arbitrated
Should a dispute arise between you and Lucie and should the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts having jurisdiction over Summit County in the State of Ohio although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. No Agency
The relationship between Lucie and each User is that of independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relations is intended or created by these Terms or your use of the Services.
17. Notices
Except as explicitly stated otherwise, written notices, including all legal notices, to us must be given by certified postal mail, return receipt requested, to:
Lucie, Inc.
Attn: Legal Department
4040 Embassy Parkway
Suite 270
Akron, OH 44333
Lucie may communicate electronically or by postal mail with you about these Terms or the Service. We may send you notice at any email address you may provide to the Services during a registration process, when submitting an inquiry, or any other time when you use the Services. As such, you consent to receive communications from us electronically and agree notices shall be deemed given upon receipt or twenty-four (24) hours after email is sent, unless Lucie is notified that the email address is invalid. Alternatively, we may give you notice by U.S. Postal Certified Mail or by national courier service, to any mailing address provided to us during a registration process, when submitting an inquiry, or any other time when you use the Services (as applicable).
18. Copyright Infringement
If you are a copyright owner or an agent thereof and believe in good faith that any third party Content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C.A. 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through the Services are covered by a single notification, a representative list of such works at those locations; (iii) 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 isto be disabled and information reasonably sufficient to permit Lucie to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe Lucie removed any of your material in response to a false notice of copyright infringement, you should submit a counter-notice to our Copyright Agent promptly in writing pursuant to Section 512(g)(3) of the DMCA, at the mailing address provided below. Such notification should include: (i) your physical or electronic signature; (ii) 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 disabled; (iii) 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 a misidentification of the material; and (iv) your name, address, telephone number, and address, and a statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which the address you provided is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Lucie may send a copy of the counter-notice to the original complaining party informing that person that Lucie will replace the removed material or cease disabling access to it in ten (10) business days. Unless the original complaining party files an action seeking a court order to prevent the infringing activity to continue, the removed material may be replaced, or access to it restored, between ten (10) and fourteen (14) business days after receipt of the counter-notice, at our sole and absolute discretion. Lucie will terminate the account of, or otherwise deny access to and the use of the Services, in its sole and absolute discretion, any User who repeatedly infringes the copyrights or other intellectual property rights of any person.
Lucie’s designated Copyright Agent to receive notifications of claimed infringement: Lucie – Copyright Agent
Attn: Legal Department
4040 Embassy Parkway
Suite 270
Akron, OH 44333
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Lucie customer service at info@Luciehealth.com.
19. Third Parties
This Site may contain links and pointers to other websites sites and online services or resources that are not owned or controlled by Lucie. These third-party websites and applications are provided for your convenience only. Lucie has no control over, and assumes no responsibility for the products, services, content, privacy policies, or practices of any third-party website or application. Links to and from the Services to other sites, maintained by third parties, do not constitute an endorsement by us of such third-party sites or the contents, products or services thereof. You expressly release Lucie from any and all liability arising from your use of any linked third-party website or application. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each website or application that you access or use. If you decide to access any of these third-party website or application, you do so entirely at your own risk and subject to the terms and conditions of each such third-party website or application.
Lucie may provide tools through the Services that enable you to export information to third-party websites. By using one of these tools, you agree that Lucie may transfer that information to the applicable third-party website and that Lucie is not responsible for any third-party’s use of your exported information. A third-party website may be an insurance company offering health coverage on or through the Services. These insurance companies are not under Lucie’s control, and their own terms will apply to the purchase and use of their products or services. Even if you choose to purchase a health plan through an insurance company or enter into any agreement with one of the companies offering health coverage, the Lucie Terms will continue to apply to your use of the Services.
In addition, Lucie works with Healthcare.gov to provide access to health coverage that are listed on the federal Health Insurance Marketplace, as well as various state-based health insurance marketplaces not listed on the federal Health Insurance Marketplace (collectively, the “Marketplace”). Users can apply and enroll in coverage with the Services. User’s information will be shared with the Centers for Medicare & Medicaid Services (“CMS”) in accordance with the privacy and security guidelines in effect at the time of enrollment. Lucie may use third-parties’ software or other services, including APIs, to provide information about the health plans and premiums from the healthcare plans that are listed on the Marketplace by CMS. Lucie has no control over the information provided. Additionally, if you enroll in a plan through the Services, you are agreeing to have Lucie’s affiliate, Trove Group, Inc. (fka IHC Specialty Benefits, Inc.) (“Trove”), a licensed insurance agency, or one of Trove’s contracted insurance agents, serve as the Agent of Record on your insurance policy. At the beginning of your enrollment, you must consent to Trove serving as your Agent of Record and agree that Trove, through the Services, may complete an application on your behalf. You represent and warrant that any information you provide about yourself or your family to Trove directly or through the Services is true and correct to the best of your knowledge.
Neither Lucie or Trove is an insurance company, if you purchase insurance through the Services, your contract will be with the applicable Provider, and you will be responsible for payment of any and all premiums and other fees to that Provider.
20. Miscellaneous
Choice of Law
These Terms shall be treated as though they were executed and performed in the State of Ohio and shall be governed by and construed in accordance with the laws of the United States of America and State of Ohio without regard to conflict of law principles.
Other Terms
We may immediately and in our sole discretion terminate any User’s access to or use of the Services due to such User’s breach of these Terms or our Privacy Policy, or other unauthorized use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. No waiver by Lucie of any term or condition of these Terms shall be deemed a further or continuing waiver of any other term or condition. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. All provisions of these Terms shall survive any termination hereof, except for those provisions (like licenses) that are revocable or, by their context, are not intended to survive termination. You may not assign any of your rights or delegate any of your obligations under these Terms; Lucie may assign or delegate these Terms in whole or in part. These Terms and our Privacy Policy, and any supplemental terms you may agree to during your use of the Services, constitute the sole and entire agreement between you and Lucie regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this section by you will be void. Lucie may assign, subcontract, delegated or otherwise transfer its rights and obligations without notice to you.
Your Record of These Terms
We do not separately file the Terms entered into by each user of the Services. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
Geographic Restrictions
Lucie is based in the State of Ohio in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
21. Feedback and Questions
We welcome your comments, feedback, suggestions, and other communications regarding this Site and the other Services. Please contact us with feedback at info@Luciehealth.com. Please note our separate address for legal correspondence, above.
Any feedback you provide is considered Content as defined by and will be treated as such in accordance with these Terms. You hereby grant Lucie a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your feedback, in whole or in part, and including all intellectual property rights
herein. For this reason, do not send Lucie any feedback that you do not wish to license to us as set forth above.
Our mailing address is:
Lucie, Inc.
4040 Embassy Parkway
Suite 270
Akron, OH 44333