Last Updated: May 1, 2023
By using or otherwise accessing the Services or clicking to accept or agree to these Terms, you (1) accept and agree to these Terms and (2) agree to comply with all rules, policies, and disclaimers posted on or through the Services or about which you are otherwise notified. If you do not agree to be bound by and to comply with the Terms you are not authorized to use the Services; please promptly exit the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND CHAPTER TECHNOLOGIES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Description of the Services.
a. Ownership of the Services. All pages, features, and content within the Services and any material made available for download are the property of Chapter Technologies or its licensors, including our customers, partners, and suppliers, as applicable. The Services are protected by United States and international copyright and trademark laws. The contents of the Services, including without limitation all data, files, documents, code, algorithms, models, interfaces, text, photographs, graphics, images, audio, and video, and any materials accessed through or made available for use or download through the Services (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by Chapter Technologies. Without our express and prior written consent, you may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of Chapter Technologies. Subject to your complete and ongoing compliance with these Terms, Chapter Technologies grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Services, including its Content, for personal uses. We reserve all rights, including intellectual property rights, not expressly granted to you by these Terms.
b. Informational Purposes Only. The Services, including its Content, are for informational purposes only. The Services are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have encountered in the course of using the Services. Chapter Technologies does not endorse any prescription drugs, treatments, physicians, products, procedures, opinions, insurance coverage or other information that may be mentioned in the Content or through the Services.
c. Product Disclaimer. Chapter Technologies provides information about products and services that might be of interest and help to you. You should fully evaluate each product or service to determine if it is right for you. In some instances, Chapter Technologies may receive compensation from the promotion of certain products and services. Chapter Technologies makes no representations or warranties concerning any of the products or services offered through or referenced by the Services. Chapter Technologies is not a registered investment, legal or tax advisor or a broker-dealer. Use of products or services offered through Chapter Technologies does not, and is not intended to, constitute legal, tax or financial advice; instead, all information, content, and materials discussed are for general informational purposes only. The information provided should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation.
d. Insurance Agency Services. Chapter Advisory LLC (“Chapter Advisory”), a licensed insurance agency, is an affiliate of Chapter Technologies. If you choose to contact Chapter Advisory or request through the App that a Chapter Advisory licensed insurance agent contact you, any services provided by Chapter Advisory will be exclusively governed by the Chapter Terms of Service, not these Terms.
e. Existing Chapter Advisory Brokerage Clients. If you have worked with Chapter Advisory to explore Medicare options, review your current Medicare coverage and/or to sign up for a Medicare Supplement (Medigap), Medicare Advantage, or Part D Prescription Drug plan (each a “Medicare Plan”), then the Services may allow you to view and store: (i) information about any Medicare Plan you enrolled in; (ii) your Medicare Beneficiary Identifier (MBI) and Medicare program effective dates; and (iii) any personal information you provided to Chapter Advisory in connection with reviewing your Medicare coverage (“Medicare Information”). By using the Services, you consent to Chapter Advisory LLC making Medicare Information available to you through the Services (including, without limitation, via the App). If you do not want your Medicare Information to be accessible to you via the Services, you should not use the Services. You can contact [email protected] any time if you would like to delete an Account you created.
2. Communications from Chapter Technologies.
By providing Chapter Technologies and/or its affiliates with a telephone number and/or other contact information, you agree to receive communications, including via-email, call, and text message (including text messages and calls made using an auto dialer or prerecorded voice message), from or on behalf of Chapter Technologies or its affiliates at the email address or telephone number you provided, even if that number is on a National or State ‘Do Not Call’ list. You represent and warrant that you are the authorized subscriber for any telephone number you provide to Chapter Technologies, and you have confirmed that you have provided us with the correct number. Calls to you from Chapter Technologies or its affiliates may be for informational and/or marketing purposes, including to provide you with information about our services. You are not required to provide your consent to these calls as a condition of any purchase through Chapter Technologies or as a condition of using the Services, and you may revoke any consent for marketing messages, phone calls or text messages as described below. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. Chapter Technologies may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training and compliance with applicable laws and regulations, and to protect our rights and the rights of others.
You may revoke your consent to receive text messages from Chapter Technologies at any time by texting “STOP” in reply to any Chapter Technologies mobile communication. You may revoke your consent to receive calls and/or texts from Chapter Technologies by writing an email to [email protected] clearly indicating that you do not wish to receive additional calls or texts (or both) from Chapter Technologies.
You agree to notify Chapter Technologies immediately if you cancel your subscription to the number you previously provided to us by writing an email to [email protected] Chapter Technologies will terminate your subscription to text messaging within a reasonable period of time upon receipt of such a notice.
3. Compliance with Law.
Nothing in these Terms is intended to conflict with or limit Chapter Technologies' obligations and requirements under applicable laws, rules or regulations of any federal or state jurisdiction. In the event of any conflict or inconsistency between these Terms and the requirements of such applicable laws, rules and regulations, the requirements of such applicable laws, rules and regulations will control to the extent of such conflict.
4. Changes to these Terms or the Services.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services at any time and without notice at our sole discretion.
5. Who May Use the Services?
You may use the Services only if you are 18 years or older, capable of forming a binding contract with Chapter Technologies, and not otherwise barred from using the Services under applicable law.
For certain features of the Services, you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Site and the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
7. Submitted Information.
a. Submitting Information. Our Services may allow you to submit or store information, including questionnaire responses, personal information, Medicare program information, doctor names, drug information, pharmacy information, risk and budget preferences, health condition information and other relevant content. Anything (other than Feedback) that you submit or otherwise make available to us through the Services is referred to as “Submitted Information”. Nothing in these Terms will be deemed to restrict any rights that you may have to your Submitted Information.
c. Your Responsibility for Submitted Information. You are solely responsible for all your Submitted Information. You acknowledge that our ability to provide the Services is dependent on your provision of complete, true and accurate Submitted Information, and you represent and warrant that your Submitted Information is complete, true and accurate. You further represent and warrant that (i) you have (and will have) all rights that are necessary to grant us the license rights in your Submitted Information under these Terms; and (ii) neither your Submitted Information, nor your use and provision of your Submitted Information to be made available through the Services, nor any use of your Submitted Information by Chapter Technologies on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
d. Chapter Technologies Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content along with all rights in and to the Services and the Site.
8. General Prohibitions and Chapter Technologies Enforcement Rights.
You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any Submitted Information that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
b. Use, display, mirror or frame the Services or any individual element within the Services, Chapter’s name, any Chapter trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Chapter’s express written consent;
c. Access, tamper with, or use non-public areas of the Services, Chapter’s computer systems, or the technical delivery systems of Chapter’s providers;
d. Attempt to probe, scan or test the vulnerability of any Chapter Technologies system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Chapter Technologies or any of Chapter’s providers or any other third party (including another user) to protect the Services;
f. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Chapter Technologies or other generally available third-party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
i. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
j. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
k. Impersonate or misrepresent your affiliation with any person or entity;
l. Violate any applicable law or regulation; or
m. Encourage or enable any other individual to do any of the foregoing.
Chapter Technologies is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Submitted Information, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. Links to Third Party Websites or Resources.
The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites or other resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [email protected]
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.
Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7(b), 7(c), 7(d), 10, 11, 12, 13, 14, 15 and 16.
11. Warranty Disclaimers.
THE SERVICES (AND ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
You will defend indemnify and hold Chapter Technologies and its affiliates, officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your Submitted Information, or (c) your violation of these Terms or applicable law.
13. Limitation of Liability.
a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CHAPTER TECHNOLOGIES NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY ORANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHAPTER TECHNOLOGIES OR ITS SERVICE PROVIDERS HAS 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.
b. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL CHAPTER TECHNOLOGIES' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIVE HUNDRED DOLLARS ($500.00).
c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHAPTER TECHNOLOGIES AND YOU.
14. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (as defined below) that you and Chapter Technologies are not required to arbitrate will be the state and federal courts located in New York City, New York, and you and Chapter Technologies each waive any objection to jurisdiction and venue in such courts.
15. Dispute Resolution.
a. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Chapter Technologies agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Chapter Technologies 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.
b. Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
c. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
d. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
e. Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
f. Class Action Waiver. YOU AND CHAPTER TECHNOLOGIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your 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 Dispute Resolution section shall be null and void.
g. Severability. With the exception of any of the provisions in Section 15(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
h. Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: [email protected] The notice must be sent within 30 days of May 1, 2023 or your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 15. If you opt-out of these arbitration provisions, Chapter Technologies also will not be bound by them.
16. General Terms.
a. Reservation of Rights. Chapter Technologies and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
b. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Chapter Technologies and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Chapter Technologies and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
c. Notices. Any notices or other communications provided by Chapter Technologies under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
d. Waiver of Rights. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Chapter Technologies. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. Contact Information.
If you have any questions about these Terms or the Services, please contact us at [email protected] or write to us at 116 Houston, 3rd Floor, New York, NY 10012.