Terms of Service

These Terms of Service, together with any other agreements or terms incorporated by reference, including the Assured Privacy Policy and the NeverStop Wellness Program Terms (collectively, the "Terms") if applicable, govern your use of the Services provided by Assured Inc. ("Assured", "we" or "us"). These Terms constitute a binding and enforceable legal contract between you and Assured. By using any of the Services, you are entering into and agreeing to these Terms. If you are entering into these Terms on behalf of a third party, you represent that you have the authority to bind such a third party to these Terms, in which case the term "You" (whether in lower case or with initial capitalization) will include such third party. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use any of our Services.

THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "ARBITRATION AGREEMENT" SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND ASSURED. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND ASSURED THAT IN ANY WAY RELATE TO THESE TERMS OR YOUR USE OF OUR SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.

1. Modification of Terms. We may make changes to these Terms from time to time, and those changes will be posted on our Site. The amended Terms will be effective immediately upon posting, and your continued use of the Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Term.
2. Certain Definitions
   • "Programs" means each of Assured's wellness programs, namely 'AgeAssured' and 'NeverStop'.
   • "Services" means Assured's Site, any application (i.e., an app) released by Assured, any insurance program application/enrollment tools offered by Assured, any other services, documentation, and software offered by Assured, and all other offline support services offered by Assured to Policyholders.
   • "Site" means assuredallies.com, assured.care, neverstop.com, bridge.neverstop.com, my.neverstop.com, or any of its digital properties.
   • "User Data" means data relating to your use of the Services, including but not limited to information related to your contact information, including email addresses; information obtained by or provided through the Service; insurance coverage enrollment/application data; resource usage; and free text submitted by You.
   • "We", "Us", "Assured", or "Our" (whether in lower case or with initial capitalization) means Assured, Inc., and/or any affiliate thereof.
   • "You", "Your,", or "Policyholder" (whether in lower case or with initial capitalization) means the individual or a third party represented by such individual accessing and using the Services.
3. No Professional Advice. Any information, guidance, or recommendations supplied through our Services, by any of our employees or agents, through any form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through our Services is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or Feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy. 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 by you or any other user of our Services.
4. No Underwriting. Notwithstanding that among the Services offered by Assured is an enrollment application tool for third-party insurance carriers, Assured is not an underwriter and does not, directly or indirectly, underwrite insurance policies for any policyholder, whether long-term care insurance coverage or otherwise. Assured disclaims any representations, warranty, or liability for underwriting decisions made by any carrier, even if such carrier utilized technology and/or data licensed to them by Assured. Any questions or appeals you may have regarding underwriting of a policy that was either issued to you or for which an application was denied should solely be directed to the licensed insurance carrier or third-party administrator with which you dealt. If you send any underwriting questions to Assured, Assured will not provide any substantive responses.

5. Disclaimer.

   To enroll in either of Assured's Programs, You understand and irrevocably agree to each of the following points:

   1. The Programs Assured offers are wellness programs, not insurance programs.
   2. To the fullest extent allowed by law, pursuant to this Section E, you irrevocably agree not to sue or bring any kind of lawsuit or legal proceeding against Assured as well as its parent company, affiliates, directors, officers, employees, agents, and assigns (the "Releasees") that may in some manner arise from or be related to your participation in a Program and/or use of Services (the "Waiver"), and you further agree that this Waiver binds not only you but also your family members (e.g., your spouse, heirs, assigns, and personal representatives), and anyone else who may be entitled to act on your behalf (any and each "Authorized Representative"). Accordingly, this Waiver is a release, waiver, discharge, and covenant not to sue any of the Releasees due to your participation in a Program.
   3. You, together with any Authorized Representative, are hereby precluded from asserting any kind of lawsuit or legal proceeding against your long-term care insurance carrier (the "LTC Carrier") (i.e., the carrier which made the initial referral to Assured) due to your participation in any of Assured's Programs, as such carrier and Assured are independent entities and the LTC Carrier in no manner guarantees or is otherwise responsible for any results from your participation in a Program.
   4. You are enrolling in a Program voluntarily, and your decision to enroll and participate in a Program is not based on any statements, materials, or promises that have been made by Assured or any other party, including without limitation your LTC Carrier, and you are voluntarily assuming upon yourself any and all risks related to your participation in Program, whether known or unknown.
   5. It is your responsibility to ensure that you are healthy enough and physically capable to participate in a Program. You understand that some activities in a Program may be physically difficult and strenuous. Therefore, you will abide by any determination, limitation, or recommendation delivered to you by a medical or health care provider.
   6. Although it is unlikely to happen, you understand and acknowledge that your participation in a Program may result in personal harm, loss, damage, injury, or even death.
   7. If any provision or term contained in this Section E is ruled to be invalid, unlawful, or otherwise unenforceable, the remainder of this provision shall remain in full force and effect.
6. The Services
   • Children under 18. The Services are not directed at children. If you are under 18 years of age, please do not use or attempt to register to use the Services.
   • Capacity. You hereby confirm that you are legally able to consent to receive Services.
   • Accuracy of Information. You hereby confirm and agree that all the information that you will or have provided in or through the Services, including, without limitation, information supplied in connection with any enrollment application for third-party insurance coverage/enrollment and any information that you provide in or through the Services in the future, is accurate, true, current, and complete. Furthermore, you agree that during the term of these Terms you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.
   • Account Security. If Assured assigns you an account through which you access our Services and maintain your Assured records and files, you agree, confirm, and acknowledge that you are responsible for maintaining the confidentiality of your login and password ("Credentials") and any other security information related to your account. We advise you to take extra care in safeguarding your Credentials. You agree to notify us immediately of any unauthorized use of your account access or any other concern for breach of your account security. You further agree, confirm, and acknowledge that we will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
   • Restrictions. You must not misuse the Services in any manner. For example, you may not, whether by yourself or anyone on your behalf, (a) interfere with, disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks, or infrastructure, including without limitation obtaining unauthorized access to the aforementioned; (b) sell, resell, or lease the Services or access or attempt to access the Services by any means other than through authorized means; (c) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (d) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display, or disclose Content (as defined below); (d) use or launch any automated system (including, without limitation, "robots," "spiders," or otherwise) to access our Site; (e) parse any content within our Sites or copy any source code for the purpose of mimicking the look and feel of our Sites; (f) use the Services to store, share, or transmit content which is unlawful, infringing, harmful, or which violates any person's rights, including privacy rights and intellectual property rights; (g) circumvent, disable, or otherwise interfere with security-related features of our Sites or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Sites; (h) attempt to disable, impair, or harm the Services; or (i) reverse-engineer or decompile the Services made available on the Site, scrape the Services on the Site, attempt to do so, or assist anyone in doing so.
   • Intellectual Property Rights. All rights not expressly granted to you under these Terms are reserved by Assured and its licensors. We and our licensors reserve all rights, title, and interest to the Services and any of their related intellectual property rights. The Terms do not convey to You an interest in or to Assured's intellectual property rights, and nothing in the Terms constitutes a waiver of Assured's Intellectual Property Rights under any law.
   • Product Descriptions. Although Assured attempts to ensure the integrity and accuracy of the Services, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Services. It is possible that the Services or the documentation associated with the Services may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made thereto by third parties. Assured reserves the right to unilaterally correct any inaccuracies on the Services without notice, and information contained on the Services may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Services from any non-Assured affiliated third party.
   • Feedback. To the extent You provide us any feedback, comments, or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual, and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services, and/or into Assured's marketing materials.
7. NeverStop Credits. If you participate in the NeverStop Wellness Program, you may be eligible to earn Wellness Credits to either extend the duration of your LTC insurance coverage period or increase your coverage amount (e.g., allowing you to withdraw additional amounts). The terms and conditions specific to accruing and redeeming the Wellness Credits are set forth in each Policyholder's personalized LTC coverage materials supplied by the LTC carrier, including without limitation any LTC insurance policies, and may vary from carrier to carrier and from individual to individual. In the event of a dispute over the application of Wellness Credits to your LTC insurance, you will be required to submit such dispute directly to the carrier that issued to you the applicable LTC insurance coverage, as Assured has no control over how any Wellness Credits are applied and/or any other terms associated therewith.
8. Ownership Rights. The (1) content on our Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, technology, graphics, photos, sounds, videos, interactive features, and services and any output thereof (collectively, the "Materials"), (2) and user submissions (together with the Materials, the "Content"), and (3) the trademarks, service marks, and logos contained therein (the "Marks"), are our property and/or our licensors' property and may be protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. You may not use the name Assured, the Assured logo or any other graphics or services terms or names that are our trademarks without our express prior written consent.
   
   You acknowledge that all Content is copyrighted as a collective work under applicable law, including, without limitation, the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. If no specific restrictions are displayed, you may make copies of select portions of the Content; provided that the copies are made only for your personal, informational, and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
9. Third Party Sources and Content. Our Services may enable you to view, access, link to, and use content from third parties (such content referred herein as "Third-Party Content") that is not owned or controlled by us. We are not affiliated with and have no control over any third-party sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions, or practices of, any third-party sources. Please read the terms of use and privacy policy of any third-party source that you interact with before you engage in any such activity. We do not endorse any advertising, promotions, campaigns, products, services, or other materials that are included in any Third-Party Content or that is communicated to you from a third-party source. By using our Site, you may be exposed to Third-Party Content that you may consider inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a third-party source or to view and use Third-Party Content.
10. Assured's Rights. Assured has sole discretion in the administration and enforcement of these Terms, which Assured may modify from time to time in its sole discretion. In addition to Assured's other rights as set forth under these Terms, (i) we reserve the right to monitor your use of our Services, and may at our sole discretion use and/or disclose any data or communications of any kind that we collect from your use of the Services; and (ii) we may terminate or suspend your account and your accessibility to all or part of our Services, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms and/or any applicable law, or is harmful to the interests of another user, a third-party, or us. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our Services and/or the deactivation or deletion of your account.
11. Security. Assured takes precautions to protect your information. When Policyholders submit sensitive information via the Services, their information is protected both online and offline. When we ask Policyholders to enter sensitive information, that information is encrypted and protected. Assured also utilizes industry standards to provide a secure website and mobile app. However, it is your responsibility to ensure the device you are using to access our Services has up-to-date security features. Neither Assured nor any of its affiliates are liable for any security breach of your information due to a lack of updated security measures or unauthorized adaptations to your device.
12. Disclaimers of Warranties. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER IN SECTION E OF THESE TERMS, YOU FURTHER AGREE THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ASSURED DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. OTHER THAN AS EXPRESSLY STATED IN THE TERMS, WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
13. Limitation of Liability. IN NO EVENT WILL ASSURED BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF ASSURED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ASSURED'S TOTAL LIABILITY TO YOU (AND TO ANY AUTHORIZED REPRESENTATIVE) FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED THE SUM OF US $1,000.00. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
14. California Resident Rights. If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site you may contact us at [email protected]. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or at (800) 952-5210 or (916) 445-1254.

15. Claims of Copyright Infringement. We disclaim any responsibility or liability for copyrighted materials posted on our Sites. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.

    If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice ("Copyright Notice") complying with the following requirements.

    1. Identify the copyrighted works that you claim have been infringed.
    2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
    3. Provide your mailing address, telephone number, and, if available, email address.
    4. Include both of the following statements in the body of the Copyright Notice:

       "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

       "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

    5. Provide your full legal name and your electronic or physical signature. Deliver this Copyright Notice, with all items completed, to our Copyright Agent at [email protected].
16. Term and Termination
    • Term. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated.
    • Termination. You may stop using the Services at any time. We may suspend or terminate your access to the Services at our discretion and without notice, for any reason. Without limiting the generality of the foregoing, Assured may suspend or terminate the Program membership/participation of any Policyholder whom Assured reasonably believes has failed to adhere to these Terms, or for any other behavior or actions that may create risk or possible legal exposure for Assured.
    • Survival. The provisions contained within these Terms that, by their nature and content, must survive the termination of these Terms to achieve the fundamental purposes of these Terms, shall so survive, including without limitation, the Intellectual Property Rights; Disclaimers of Warranties; Limitation of Liability; Governing Law, Arbitration, Jurisdiction; and General sections.
17. Governing Law; Arbitration; Jurisdiction

    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THIS PROVISION REQUIRES YOU TO ARBITRATE DISPUTES WITH ASSURED AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IT FURTHER PROVIDES THAT YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION. THIS SECTION OF THE TERMS SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT".

    • Except as otherwise expressly provided below to the contrary, these Terms are governed by the laws of the Commonwealth of Massachusetts, excluding rules as to choice and conflicts of law.
    • We will work in good faith to resolve any issue you have with our Services if you bring that issue to our attention. However, we realize that there may be cases where we may not be able to resolve an issue to your satisfaction. In that case, you and Assured agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of our Services shall be determined by binding arbitration rather than court, except that you or we may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on a non-class, non-representative basis.
    • Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, we agree to cooperate to reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including, without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Assured are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Assured.
    • If you desire to assert a claim against Assured, and you therefore elect to seek arbitration, you must first send to Assured, by email, a notice of your claim ("Arbitration Notice"). The Arbitration Notice to Company should be addressed to: [email protected] ("Arbitration Notice Address") and should state in the "subject line" of the e-mail "LEGAL NOTICE" in all capital letters. If Assured desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Arbitration Notice to the most recent address we have on file or otherwise in our records for you. An Arbitration Notice, whether sent by you or by Assured, must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). To accelerate resolution and reduce the cost of any Demand between us, you and we agree to personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any Demand prior to either party initiating a lawsuit or arbitration ("Initial Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference, as will we. The Initial Dispute Resolution Conference shall occur within 60 days after the other party receives an Arbitration Notice, unless an extension is mutually agreed upon by the parties. The Initial Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party sends an Arbitration Notice, even if the same law firm or group of law firms represents multiple users in similar cases; in other words, unless all parties agree, multiple individuals initiating a Demand cannot participate in the same Initial Dispute Resolution Conference. The completion of the Initial Dispute Resolution Conference is a mandatory pre-condition to either party initiating an arbitration or lawsuit against the other. If either party fails to participate in the Initial Dispute Resolution Conference prior to initiating an arbitration or lawsuit, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration. The statute of limitations and all filing fee deadlines shall be tolled while the parties engage in the Initial Dispute Resolution Conference process required by this paragraph.
    • If Assured and you do not reach an agreement to resolve the claim within 60 days after the Arbitration Notice is received and after the completion of the Initial Dispute Resolution Conference, you or Assured may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Assured or you shall not be disclosed to the arbitrator. You may download or copy both the Arbitration Notice form and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Arbitration Notice Address. The arbitrator is bound by the terms of these Terms. The arbitrator shall decide all disputes arising out of or relating to the interpretation or application of this Arbitration Agreement. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. Unless Assured and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address, and may occur by videoconference at either party's election. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less, the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees, and costs as part of any award, unless the total damages awarded are less than the amount of a settlement offered by us prior to the initiation of the arbitration. The arbitrator may also award us our attorney fees, expert witness fees, and costs if it is determined that your claim was brought in bad faith, for purposes of harassment, or is frivolous.
    • If multiple individual arbitration proceedings are consolidated pursuant to this Arbitration Agreement, AAA and the arbitrator shall treat the consolidated proceedings as one arbitration for purposes of assessing AAA fees and the arbitrator's compensation, and you consent and agree not to object to any reduction or elimination of AAA fees or arbitrator compensation.
    • The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action, and the parties expressly waive their right to file a class action or seek relief on a class basis, whether in arbitration or in court.
    • Although the parties have agreed that no disputes may proceed as part of a class arbitration, you and we agree that the AAA may consolidate an individual arbitration filed under this Agreement with other individual arbitration(s), at the request of any party, if the arbitrations share any common issues of law or fact. The consolidation issue shall be determined by the arbitrator appointed for the earliest filed arbitration. Any disputes over whether an arbitration claim should be consolidated with others, or which arbitrator shall hear any consolidated matter, shall be resolved by the AAA.
    • If any court or arbitrator determines that the class action and class arbitration waiver set forth in this Arbitration Agreement is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    • If this Arbitration Agreement is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in Boston, Massachusetts.
    • ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Communications. You acknowledge and agree that Assured may communicate with you regarding your participation in one of our Programs by regular mail, electronic communications (email/SMS), telephone, and any other means of communication described in our Materials. The communications we send you may include information regarding your participation, as well as commercial advertisements and promotions. You may always opt-out of receiving marketing communications by (i) clicking on the unsubscribe link located the footer of each email message, (ii) by replying "STOP" (or some other message designated by the Company) to any SMS that we send you, or (iii) by writing to us at [email protected]. Even after you've opted out, you will continue to receive certain email communications that are not of an advertising or promotional nature. In the case of SMS messages, standard messaging rates apply to your entry or submission message to any Assured text message service, our confirmation, and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plans. Your consent to receive text messages is not a condition of purchase. Message frequency may vary. Moreover, we reserve the right, at all times, to disclose any mobile messaging data you share with us as necessary to satisfy any law, regulation, or governmental requests to avoid liability and/or to protect our rights or property.
19. General
    • Severability. If any part of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
    • Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
    • Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between you and Assured.
    • Entire Agreement. These Terms contain the entire agreement between Assured and You relating to your use of the Services and supersedes any and all prior agreements between Assured and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Assured in these Terms.
    • Assignment. You may not assign your rights or delegate your obligations under these Terms without Assured's prior written consent. Any purported assignment contrary to this section will be null and void. Assured may assign its obligations hereunder among the various Assured entities within the Assured group, by a change to the definition of Assured hereunder, which change will become effective upon posting on the Service.
    • No Third-Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries of your rights under these Terms.

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Last Updated: October 2024