Effective Date: January 21st, 2025
These www.healthenrollment.com Terms of Use (“Terms”) are entered into by and between you ( “you” or “your”) and RevRise Media, LLC (“RevRise,” “we,” “our” or “us”), and these Terms of Use govern your use of our websites that directly link to these Terms (“Site”) and related services offered by us through the Site (collectively with the Site, the “Services”).
READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING A CLASS ACTION WAIVER UNDER SECTION 12 BELOW AND AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER SECTION 11 BELOW.
BY ACCESSING OR USING THE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THE OPTION IS MADE AVAILABLE TO YOU, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND HAVE THE AUTHORITY TO DO SO AND THAT YOU HAVE READ AND UNDERSTAND, AND ACCEPT AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY, THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS IN ANY WAY, YOU MAY NOT USE THE SERVICES.
The Site is an informational website, providing information about us, and insurance products offered by insurance agents, insurance companies and other similar parties (“Providers”), who have products or services that may be of interest to you. Through the Services, you may identify certain products or Providers you are interested in receiving information about, and we may share your information with such appropriate providers with your authorization.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms for the Services to reflect changes in applicable laws and regulatory requirements relating to the use of Services, or to implement technical adjustments and improvements, or to respond to market requirements. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. It is your responsibility to regularly check these Terms to stay informed of updates, as they are binding. We will indicate that the Terms have been updated by updating the “last updated” date at the top of these Terms. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
Subject to your compliance with the Terms, We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Site for your own personal or internal business use only, and not for resale or third-party distribution. In order to use the Site, you must have internet access, otherwise you will not be able to use some or all of the Site.
You are not authorized to access or use the Site if you are under 18; if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or for any other purposes that are not expressly permitted by the Terms or which violates applicable law.
Further, you may not:
We reserve the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Services by any user.
Our privacy policy found at privacy policy explains our information collection practices and safeguards, how we use and share your information, and how to opt-out of receiving communications from us.
When talking with anyone claiming to be a Provider, we encourage you to use appropriate caution when interacting to confirm it is a valid communication from such Provider.
Certain functionality of the Service may incorporate, use, or otherwise depend on services offered by third parties for certain functionalities, as well as provide links to or otherwise incorporate websites, content, resources, or goods/services offerings provided by third parties (collectively, “Third-Party Services”). If any event were to disrupt any functionality dependent on a Third-Party Service, the Service may similarly experience a disruption, and we shall not be responsible or liable for any such disruption. Our Site may also provide information related our Providers’ products and services (“Provider Services”). Links to Provider websites, or other third-party websites including those related to Third-Party Services (“Third-Party Websites”) are provided for your convenience only. We have no control over the contents of Third-Party Websites, and we accept no responsibility for any actions or for any loss or damage that may arise from your use of a Third-Party Website, Provider Services or any Third-Party Services. If you decide to access or use any of the Provider Services or Third-Party Services, you do so subject to the terms and conditions of the applicable to the respective third party. REVRISE SHALL NOT HAVE AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY IN CONNECTION WITH (AND YOU ACKNOWLEDGE AND ASSUME SOLE RESPONSIBILITY FOR AND ALL RISK ARISING FROM), YOUR ENGAGEMENT WITH, DECISION TO PURCHASE, OR USE OF ANY THIRD-PARTY SERVICES, OR THE GOODS, CONTENT, PRODUCTS, ITEMS, SERVICES, OFFERINGS OR ASSETS AVAILABLE ON OR THROUGH SUCH THIRD-PARTY SERVICES.
The Site is protected by copyright, trademark, patent and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the Site, and all intellectual property rights therein, are our exclusive property and our licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Site, and you may not use the trade names, logos, and other trademarks and service marks associated with RevRise without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of, the Site in any form or by any means, or sublicense the rights granted in the Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the revocable licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved to RevRise and its licensors.
If you choose to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Services (“Feedback”), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of RevRise. You hereby irrevocably transfer and assign to us all of your rights, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE US AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT WILL WE BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EITHER PARTY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).
Each Party agrees to defend, indemnify, and hold harmless the other Party, its parent, subsidiaries and affiliates, and each of their agents, representatives, successors and assigns from and against any and all costs, expenses, and losses (including reasonable attorneys' fees and costs) incurred through any claim, lawsuit, demand or cause of action brought by a third Party (collectively, "Claim") that arise from (i) any breach or violation by the indemnifying Party of any representation or warranty contained in the Agreement, (ii) any breach or violation by the indemnifying Party of any Applicable Law.
A Party seeking indemnification under the Agreement shall (i) give prompt written notification to the indemnifying Party as to the existence of the indemnifiable Claim within ten (10) days of notification of the assertion of the Claim; (ii) provide such information, cooperation, and assistance as may reasonably be necessary for the defense of such Claim; and (iii) grant full authority to the indemnifying Party to defend or settle such Claim, subject to the reasonable consent of the indemnified Party, such consent not to be unreasonably withheld. The failure of the Party seeking indemnification to promptly notify the indemnifying Party as to the existence of an indemnifiable Claim shall not relieve the indemnifying Party of its obligations under the Services Amendment, except to the extent that such failure or delay is material and prejudicial.
Notwithstanding the foregoing, if there is a Claim that a Lead sold by RevRise for a telemarketing campaign to you did not have TCPA Consent, if RevRise can prove with competent evidence that it obtained TCPA Consent for the lead that gave rise to the claim, then RevRise will support you in defending the claim, and will provide it with documentary proof of valid TCPA Consent, but will not defend, indemnify or hold you harmless unless there is a final determination by a court of competent jurisdiction, or in the context of settlement negotiations, that RevRise did not obtain valid TCPA Consent.
The Terms shall be governed by and interpreted in accordance with the laws of California without regard to conflict of law principles. All disputes, claims and actions, at law or in equity, in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, use of the Services or subject matter in connection with these Terms (collectively, “Disputes”) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in San Diego, California before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
You have the right to opt-out and not be bound by these arbitration and waiver of class action provisions by sending written notice of your decision to opt-out to privacy@revrise.com within thirty (30) days of your earliest use or access of the Service.
Subject to the above arbitration provisions, you and RevRise agree that all Disputes shall be settled in the federal or state courts located in San Diego, California, and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Notwithstanding anything to the contrary, RevRise also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
EXCEPT WHERE PROHIBITED UNDER APPLICABLE LAWS, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE ARBITRATION AGREEMENT IN SECTION 11 ABOVE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
You agree that, by entering into arbitration agreement under Section 11 above and this Section 12 regarding class action waivers, you and we are each waiving our respective rights to a trial by jury or to participate in a class or representative action, and that arbitration of Disputes pursuant to these Terms shall be in your individual capacity. THIS MEANS YOU ARE LIMITING YOUR RIGHT TO APPEAL AND ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE, OR JOIN THE CLAIMS OF OTHER PARTIES WHO MAY BE SIMILARLY SITUATED OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of these respective provision.
Except as explicitly stated otherwise, any notices sent from you to us shall be submitted via email at privacy@revrisemedia.com with a copy of such notice sent by certified postal mail, return receipt requested, to: Legal, RevRise Media, LLC, 3952 Clairemont Mesa Blvd, Suite D #369, San Diego CA, 92117. When we need to send a notice to you, it shall be sent to the email address you last provided to us. Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address last provided to us by you. In such cases, notice shall be deemed given three days after the date of mailing. If we do not have any form of address to send notice to, we may use any other legally available method to provide notice.
These Terms constitute the entire and exclusive understanding and agreement between you and RevRise regarding your access to and use of the Services and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and RevRise and regarding the subject matter hereof.
You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Terms. Any attempted assignment, transfer, delegation, subcontracting or sublicense without the foregoing consent will be null and void. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination. Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof. Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.