Terms of Use

Background

We’re Explain.care, Inc. We provide information to help you understand your health insurance and health care providers.

We provide the website located at www.Explain.care (the ‘website’) and health insurance and health care provider related information services accessible via the Website and the Explain.care Chat window.

To make these Terms more natural to read, the Website, the Explain.care Chat window and our services are collectively called ‘Explain.care.’

You have to accept our terms to use our site

Please read these Terms of Use (“Terms”) carefully because they govern your use of Explain.care.

By using Explain.care, you accept these Terms of use.

If you don’t agree to these Terms, you may not use Explain.care website.

What We Don’t Do

Explain.care doesn’t provide sell insurance or offer any health care services, medical advice, diagnosis, treatment, or prescriptions. We aim to provide information to help you make better-informed health insurance and health care related decisions.

Any health insurance or health care related information services, suggestions, or other content on Explain.care are for informational purposes only.

You as our user, assume full responsibility for the use of any information obtained through Explain.care and agree that we are not responsible or liable for any claim, loss, or damage arising from using the information.

Changes to the terms of use

These Terms may be changed from time to time. We may solicit user feedback about changes but are under no obligation to use it.  

We will notify you of any changes in one or more of the following ways at least 15 days before changes are implemented on the Explain.care website

 

Restrictions

Age

You must be 18 or older to use Explain.care.

Users must be resident in the United States

Explain.care is intended for users in the United States and is not appropriate to use outside of the United States.

No Commercial Use

The content on Explain.care is for your personal, individual use only, and not for commercial or external use. Users may not solicit or promote their products or services on Explain.care.

To apply to become a partner, contact us info@explain.care

Explain.care Accounts

 

Registering Your Explain.care Account

If you want to use specific features of Explain.care, you’ll have to create an account (“Explain.care Account”). You can do this via the Website, certain Explain.care chat window, or through your account with certain third-party social networking services such as Facebook or Google. If you choose the social networking service account option, we’ll create your Account by extracting from your social networking service Account specific personal information such as your name and email address and other personal information that your privacy settings on the social networking service Account permit us to access.

It is essential that you provide us with accurate, complete and up-to-date information for your Explain.care Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.

If you don’t, we might have to suspend or terminate your Explain.care Account. You agree that you won’t disclose your Explain.care Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Explain.care Account.

You’re responsible for all activities that occur under your Explain.care Account, whether or not you know about them.

 

What You Provide to Us

User Submissions

“User Submissions” are anything that users (including you) share publicly on Explain.care, such as survey responses and reviews about health insurance and health experiences.

You understand that your User Submissions are not confidential and may be viewed publicly on the web, including through Explain.care Chat window. This submission includes demographic information such as your age and gender if you choose to add it. You also understand that once submitted; your User Submissions can’t be removed or deleted from Explain.care, even if you delete your Explain.care Account.

You’re responsible for your User Submissions. You choose what information to include, so please be truthful and think carefully about what you share. Read more about our privacy policy.

 

What You Own

You own anything you provide to us, including your User Submissions (your “User Content”).

You own what you provide to us.

 

Permission for Explain.care to Use What you Provide to Us

You agree that Explain.care may use your User Content in connection with operating, providing, and improving our services, including Explain.care.

In particular, you grant Explain.care a worldwide, royalty-free, transferable, sub-licensable, non-exclusive, irrevocable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating, providing, and improving our services, including Explain.care.

 

Modifying Your Information

Please note that in general, once submitted, your User Content can’t be deleted. In particular, your User Submissions can’t be deleted and will continue to appear on Explain.care. If you have an Explain.care Account, you may be able to modify or remove certain of your User Content via your Explain.care Account.

If you don’t have an Explain.care Account and you want to remove some of your User Content from Explain.care; please email us at privacy@Explain.care. We may request further information from you to verify that you are the user who submitted the User Content in question. We’ll consider your request on an individual basis, and we may (but are not obligated to) take steps to delete your User Content. Even if we take steps to remove specific User Content at your request, some of your User Content may remain in archived/backup copies for our records or as otherwise required by law, and your User Submissions will continue to exist on the Website. We’re not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

What We Provide to You

What We Own

We own anything we provide to you, including Explain.care and the content we make available via Explain.care and all associated intellectual property and proprietary rights.

Permission for You to Use What We Provide to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non sub-licensable, revocable license to (i) download, view, copy, display, and print the content made available on Explain.care (collectively, “Content”), and (ii) to download and install a copy of an Explain.care App on a mobile device or computer that you own or control and to run such copy of the Explain.care App; in each case, solely in connection with your permitted use of Explain.care and strictly for your personal and non-commercial purposes.

 

Protecting our Rights

You agree not to infringe Explain.care’s copyrights, trademarks, trade secrets, or other intellectual property or proprietary rights.

You may not use display, mirror, or frame Explain.care, or any of our trademarks, including the Explain.care logo, or other proprietary information, without our prior written consent.

You may not access, search, download, or copy the Content through automated means (including spiders, robots, crawlers, data mining tools or the like), other than the software and/or search agents provided by us or by generally available third-party web browsers.

You may not copy or modify, transfer or lend to any third party, reverse engineer or otherwise make available the functionality of, any Explain.care App.

Policies and Community Rules

 

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.

 

Community Rules

 

We don’t allow the use of Explain.care (including User Submissions) that in any way constitutes or encourages any of the following:

  • Sharing information that personally identifies you or anyone else (such as names, email addresses or phone numbers)

  • Anything that infringes on or violates any person or entity’s rights, including privacy, publicity, copyright, patent, trademark, or trade secret rights or that impersonates or misrepresents an affiliation with another person or entity

  • Anything obscene, derogatory, defamatory, threatening, abusive, hateful, or embarrassing (at Explain.care’s sole discretion)

  • Anything that’s illegal

  • Viruses, worms, malware, or other harmful or destructive content

  • Spam, phishing, machine-generated content, or anything designed to promote or drive traffic to other websites or chat window, or that may mislead users

Links to Third-Party Websites

While using Explain.care, you may find links to other websites, apps, or resources, and there may be other websites, apps, or resources that link to Explain.care. We don’t have control over these websites, apps, or resources and can’t review all of their content. Therefore, we don’t endorse them and are not responsible for what they contain. We’re also not responsible for any harm resulting from your use of these other websites or apps. You visit and use them at your own risk.

 

Liability and Disclaimers

Disclaimer of Warranties

EXPLAIN.CARE AND THE CONTENT ARE PROVIDED ‘AS IS,’ AND ALL WARRANTIES ARE DISCLAIMED.

We make no warranties about our website, chat window, or services, or the associated content.

Limitation of Liability

Explain.care, inc will not be liable for:

  • Incidental, consequential, special, or exemplary damages of any kind; or

  • Any damages more than the amounts you have paid to us for the use of explain.care or the content or one hundred dollars (USD 100) if you have not had any payment obligations to us, as applicable;

Indemnification

You agree to indemnify and hold harmless Explain.care, Inc., our officers, directors, employees, consultants, agents, and suppliers, from any claims, liabilities, costs, and expenses, including reasonable professional fees, arising out of or connected with (i) your access to or use of Explain.care or the Content, (ii) your User Content, or (iii) your violation of these Terms.

Enforcement and Termination

Explain.care has the right (but not obligation), in our sole discretion, to:

  • pre-screen and approve User Submissions before they appear on Explain.care, and monitor use of Explain.care and Content (in each case) to make sure they comply with these Terms and to comply with legal requirements;

  • reject or remove any User Submissions or other Content, including Content that we consider being objectionable or that violates these Terms;

  • investigate complaints or violations of these Terms or conduct that affects Explain.care; and

  • Suspend or terminate any user’s access to Explain.care, including any user’s Explain. Care Account, for any reason at any time, with or without notice.

We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

We reserve the right to take any other action we think is necessary to protect the safety of Explain.care users and the public.

You may cancel your Explain. Care Account at any time by deleting your account by sending an email to us at privacy@explain.care. You understand that your User Submissions may continue to exist on Explain.care, even after you have removed your Explain. Care Account. Upon any termination, discontinuation, or cancellation of Explain.care or your use of Explain.care, all provisions of these Terms which by their nature should survive do, including as to content ownership, disclaimers (including What We Don’t Do), indemnity, limitations of liability, and governing law and jurisdiction.

 

Governing Law and Jurisdiction

These Terms and all disputes arising out of or relating to these Terms or the use of Explain.care or the Content are subject to:

  • the laws of the State of Delaware without regard to its conflict of laws provisions; and

  • the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

 

Miscellaneous Terms

These Terms are the entire and exclusive understanding and agreement between Explain. Care, Inc. and you regarding Explain.care and the Content.

If a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.

You may not assign these Terms without our prior written consent, and any attempt to do so will be null. We may assign these Terms without restriction.

Any notices or other communications provided by us under these Terms, including those regarding changes to these Terms, will be given: (i) by email; or (ii) by posting to Explain.care. Notices given by e-mail will be deemed to be received on the date they are sent.

 Copyright © 2018- 2019, Explain.Care, Inc. - All rights reserved.

Office: San Jose CA, 95124

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