TERMS OF USE

Effective Date: November 1, 2017.

The following Terms of Use Agreement (“TOU”) describes the terms and conditions applicable to your access and use of the Help On Demand website (“Website”), a service offered to consumers in partnership with HealthCare.gov.  This Website is operated and maintained by BigWave Systems. By using this Website, you are accepting and agreeing to the TOU. By agreeing to the TOU, you are also agreeing to the Privacy Policy below. If you do not agree to the TOU, do not use this Website. We reserve the right to change the TOU and the Privacy Policy at any time, without notice to you. Continued use of the Website will constitute acceptance of such changes.

This website is owned by BigWave Systems (“BigWave Systems”). BigWave Systems is located in Greenwood Village, Colorado.

Use of Website: By using this Website, you represent that you are at least eighteen (18) years of age and are a resident of the United States. This Website is provided for your informational use only.

Consumer information that is entered into the Website, including consumer contact information, is confidential and, with the exception of BigWave Systems personnel and other parties authorized by BigWave Systems, may only be accessed by a state-licensed agent or broker who is authorized to provide consumer application and enrollment assistance by the Federally-facilitated Health Insurance Marketplace (Marketplace) operated by the Centers for Medicare & Medicaid Services (CMS).

BigWave Systems may change or restrict your use of this Website and/or make changes to the products and services described on the Website at any time without notice. Use of this website is granted by permission only and may be revoked at any time without notice.

Lawful Purpose: By using this Website, you represent that you are using this website for a lawful purpose. Any use of this website and information generated by it that is in violation of any Federal, State or Local regulation (including insurance regulations) is prohibited.

Products/Services illustrated on Website:  Nothing within this Website should be deemed a contract for insurance coverage or a solicitation of an application for insurance coverage. No contract for the provision of a policy of insurance is formed by the use of this Website. BigWave Systems does not have the authority to bind and/or approve any application for insurance coverage.

Third Party Links: This Website contains links to third-party government websites that are not owned or controlled by BigWave Systems. BigWave Systems makes no representations regarding the content or accuracy of any website that you may access through this Website. BigWave Systems does not monitor and is not responsible for the content found on other websites that are linked from this Website. We therefore encourage you to review the privacy policies and terms of use of any third-party site. BigWave Systems does not imply endorsement, recommendation or sponsorship for any linked website or the services, products, or advice described therein. The views, opinions, statements, offers, or other information or content expressed therein are those of the respective author(s) or distributor(s), not of BigWave Systems.

User Submissions: By submitting information to this Website, you grant to BigWave Systems an unrestricted, irrevocable, worldwide, royalty-free license to use and transmit such information and materials as described in this TOU (which incorporates the other policies posted in the Privacy section below), including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or government request.

You agree not to submit or transmit any materials through the Website that contain a virus, worm, Trojan horse or any other harmful component  or otherwise violate any applicable laws.

BigWave Systems shall not be subject to any obligations of confidentiality regarding any information or materials that you submit except as specified in the TOU and the policies in the Privacy section below.

Disclaimer of Warranties: This Website and any products of services available through the Website are provided to you on an “as is,” “as available” basis without warranties of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement. BigWave Systems, its direct and indirect parents and subsidiaries, each such entity’s employees, officers, directors, agents, and any other parties involved in creating, producing or distributing BigWave Systems’s Website services (“the BigWave Systems Parties”) make no representations or warranties that use of the Website will be uninterrupted or error-free.

Disclaimer of Liability: Your use of this website is at your own risk. Under no circumstances, including negligence, shall BigWave, its direct and indirect parents and subsidiaries, each such entity’s employees, officers, directors, agents, and any other parties involved in creating, producing or distributing BigWave System’s Website services (“the BigWave Systems Parties”) be liable in contract, tort, negligence, strict liability, or otherwise, for any damages whatsoever, whether special, consequential, direct, indirect, incidental, punitive, or otherwise, that may be suffered by the user, even if the BigWave Systems Parties have been advised, knew or should have known of the possibility of such damages, including but not limited to: (i) loss of data resulting from delays, non-deliveries, human error, technical malfunctions, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software; (ii) any injury or damage to user’s or any other person’s computer relating to or resulting from use of the website; (iii) inability to access storage Service(s); (iv) theft, tampering, destruction, or unauthorized access to, or alteration of content; (v) any incorrect or inaccurate information disseminated or provided; or, (vi) service interruptions by any cause or errors or omissions of the user.

Indemnification: You agree that you shall defend, indemnify, save, and hold BigWave Systems, its direct and indirect parents and subsidiaries, each such entity’s employees, officers, directors, agents, and any other parties involved in creating, producing or distributing BigWave System’s Website services (“the BigWave Systems’s Parties”) harmless from any and all demands, lawsuits, charges, liabilities, losses, costs, and claims, including reasonable attorneys‘ fees, (“Liabilities”) asserted against the BigWave Systems Parties that may arise or result from your use of the Website. You agree to defend, indemnify, and hold harmless the BigWave Systems Parties against any and all Liabilities, including but not limited to those arising out of: (i) any actual or alleged breach of this TOU; (ii) any negligence or willful misconduct by you or anyone else authorized to act on your behalf; (iii) any injury to person or property caused by your use of the Website; or (vi) any claim or allegation that your use of the Website violated any law, ordinance, rule, statute, or regulation of any jurisdiction.

Copyright: This Website is protected by U.S. copyright laws. Except as expressly provided under this TOU, you may not use, reproduce, modify, transmit, distribute, or publicly display this Website without the prior written consent of BigWave Systems.

Contacting BigWave Systems: If you have Website questions, comments, or concerns, please email info@bigwavesystems.com. Please include details of your questions, comments, or concerns, including your complete name and contact information.

Violation of TOU: BigWave Systems reserves the right to seek all remedies available at law and in equity for violations of the terms and conditions set forth in this TOU and the Privacy Policy below, including, but not limited to, the right to block access from a particular Internet address to the Website.

Severability: Should any provision of the TOU or any policies posted on the Privacy section of the Website be held invalid, unlawful, or for any reason unenforceable, then that respective provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

Dispute Resolution: Any controversy or claim arising out of or relating to the TOU or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

PRIVACY POLICY

Effective Date: November 1, 2017.

Information This Website Gathers About You: We collect personally identifiable information about you when you provide it to us voluntarily.  Additionally, our web site routinely collects and stores information from online visitors. This information includes: a registered user’s username, the pages visited on the site, the date and time of the visit, the internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of the browser used, the capabilities of the browser, and the search terms used on our search engine. This information is used to help us manage the site and customize your browsing experience on the Website. Cookies are simple text files stored on your web browser to provide a means of distinguishing among users of this Website. The use of cookies is a standard practice among websites. A cookie contains unique tracking information for lists of pages you have visited and the date you last looked at a specific page. It is also used to identify your session and distinguish among visitors. You can refuse the cookie or delete the cookie file from your computer by using any of the widely available methods.

BigWave Systems does not direct its Website to children under 13 and does not knowingly collect personal information from children under the age of 13.

With Whom We Share Information: Information collected during your visit to the Website is used by BigWave Systems solely for the purpose of allowing you to request assistance from Marketplace-registered agents and brokers.  These agents and brokers are bound by terms of use that allow them to use the information only for the purpose of contacting you to provide assistance with Marketplace applications and/or enrollment.  We also may disclose any such information and materials as necessary to satisfy any law, regulation, or governmental request, or as otherwise permitted by law.

Internet Security: BigWave Systems makes reasonable efforts to secure information it receives through this Website, including using a firewall and limiting access to employees with a need to review such information. Data sent over the Internet may be intercepted by third parties. If you are concerned about the security of your data, you should not send it over the Internet.