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Terms

Terms of Use

Last updated on March 23, 2026

Description of Services; Acceptance of Terms

Welcome to CareCovered.com. This website (the “Website”) is owned and operated by Care Covered LLC and/or one of its affiliates ("Care Covered", "we", “our”, "us") and provides information and shopping services for products that may be eligible for purchase using flexible spending account plans (“FSA”), health reimbursement arrangements (“HRA”), or health savings account plans (“HSA”) (each a “Plan” and collectively, “Plans”). We provide products, services, tools and features to you when you visit, interact with or shop with us, including but not limited to your use of the Website, our mobile application, enrollment in our Integration Services for Single Sign On, DirectPay or Balance Display or your use of any software provided by us in connection with any of the foregoing (collectively, the "Services"). By using the Services, you agree, on behalf of yourself and all members of your household and others who use any of the Services under your account, to the following terms of use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Notice (collectively, these “Terms”).

WE DO NOT GUARANTEE THAT ANY PRODUCT IS ELIGIBLE FOR REIMBURSEMENT UNDER YOUR SPECIFIC PLAN. ELIGIBILITY IS SOLELY DETERMINED BY YOUR PLAN ADMINISTRATOR AND APPLICABLE IRS RULES.

THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, INSTEAD OF CLASS ACTIONS OR JURY TRIALS.

IF ANY OF THESE TERMS OR ANY FUTURE CHANGES (AS DESCRIBED IN MORE DETAIL BELOW) ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE SERVICES.

In addition to any other representations and warranties contained herein, you represent and warrant that you have the right, authority and capacity to enter into, and to be bound by, these Terms, and that your access to, and use of, the Services shall be in compliance with these Terms in all respects, as well as any other applicable laws, rules and regulations of any governmental authority, wherever you are located.

Medical and Tax Disclaimer

The Services and/or Website do not provide medical advice, diagnosis, or treatment. All content is for informational purposes only.

The Services and/or Website do not provide tax or legal advice. You are solely responsible for confirming eligibility and maintaining required documentation.
Products labeled as “FSA/HSA eligible” are based on general IRS guidance. We do not guarantee reimbursement and do not act as a Plan administrator or fiduciary. You agree that any purchase made using Plan funds is at your own risk.
Certain products may require a prescription or Letter of Medical Necessity. You are responsible for obtaining documentation.

No Fiduciary Relationship

Nothing in the Services or Website creates a fiduciary relationship. We are a retail platform, not an ERISA fiduciary.

Modification of Website Terms

We reserve the right to modify these Terms in our sole discretion from time to time. We encourage you to review these Terms periodically for any updates or changes. If we make a material change or amendment to these Terms, we will post the new terms on the Website and note the date they were last updated. Any changes or modifications will be effective automatically upon the posting of the new terms as revised on the Website, and your use, or continued use, of the Services following such posting will automatically constitute your acceptance of the new terms. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

United States Operation and Governance

Care Covered LLC is an entity located in the United States; the Services are operated in the United States and governed by the state and federal laws of the United States. The Services are therefore intended for access from, and use by residents of, the United States only. If you are a resident of, or access the Services from, a jurisdiction outside the United States, the laws of your jurisdiction may be more or less strict than the laws that apply to the Services and you therefore do so at your own risk and are responsible for compliance with all applicable laws of such jurisdiction. We make no representation that the Services or accompanying Content (as defined below) are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. You may not use or export any Content  in violation of United States export laws and regulations. Information collected by us may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Services, you expressly consent to any such transfer and storage of information outside of your country of residence, where data protection laws may be different and/or less stringent. We make no representation or warranty with respect to any duty to permanently store any information you may provide. By using the Services and providing us with information, you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties. As we allow advertising on the Services, we may also combine information we collect online with information available from other sources, including information received from our advertisers and promotional partners. The Privacy Notice applies to your information for as long as your information is in our possession, even if you terminate or discontinue your use of the Services.

Services Intellectual Property; Services License; Services Access, Suspension and Termination

Except with respect to the limited licenses granted herein, we retain all right, title and interest in and to the Services, throughout the world, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Services, (iii) all other materials and content uploaded or incorporated into the Services by or on behalf of us, including, without limitation, all  Content (defined below), and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Services IP”). The Services IP is protected in all forms, media and technologies now known or hereinafter developed. Our ownership in and to such Services IP includes the coordination, selection, arrangement and enhancement of such Services IP as a Collective Work under the United States Copyright Act, as amended.

We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and make personal use of the Services solely as provided herein, subject to these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale or commercial use of (i) the Services, (ii) any Account Data (defined below), or (iii) any other content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, screenshots, videos, graphics communications, posts, identifying marks, Website pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the Services by us or any third party acting on our behalf or with our express permission (collectively, “Content”), which Content is and shall remain the sole and exclusive property of us or the applicable third party who has uploaded such Content to the Services and/or granted us the right to use such third party owned Content on the Services, as applicable. The Services and any Content (or portion thereof) may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, modified, augmented, or otherwise exploited by you for any purpose without our express prior written consent  (or the consent or the applicable third-party owner of such Content) in each instance. Violation of this Section may result in infringement of intellectual property and contractual rights of us or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties. Except as expressly set forth above, these Terms do not grant you any express, implied or other license or right in and to any Content or other intellectual property belonging to us or any other third party.

In addition to the foregoing, if any software is provided by us in connection with the use of the Services, the use of such software shall be governed by a software license agreement accompanying such software, if any, and you hereby agree to comply with all of the terms and conditions included therein.

In certain instances, we may agree to provide you with access to secure, password protected features of the Services. Such access is restricted to authorized users only and any attempt by you to access these features without authorization may subject you to criminal or civil liability. This License terminates automatically upon any unauthorized use of the Services and we will take appropriate investigative and legal action for any illegal or unauthorized use of the Services.

We reserve the right, in our sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Services or your Account (defined herein), either in whole or in part, at any time, for any reason, and with any conditions, including, but not limited to, if we believe in good faith that you have violated or acted inconsistently with these Terms or any applicable law, or that you have engaged in conduct that we determine to be inappropriate or unacceptable. We reserve the right, in our sole discretion, to terminate your access to the Services and your Account if you file any claim against us or any claim that involves the Services. We also reserve the right, at our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms or any other act or omission by you that gives rise to a claim by us. If we terminate, limit, or suspend your right to use the Services or your Account, you are prohibited from accessing the Services or registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, without our prior written consent. In the event your right to use the Services is terminated, limited, or suspended, these Terms will remain in effect and enforceable against you.

You may terminate these Terms at any time by ceasing all use of the Services and closing your Account as provided herein; provided, that all sections of these Terms which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.

We may in the future update the Services to change the material,  Content and/or features thereof at any time (an “Update”). We shall not be liable to you in any way as a result of any temporary suspension of the Services arising from or in connection with an Update. Furthermore, we are under no obligation to undergo an Update of the Services to the extent any Content and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you pursuant to this Section shall apply in full to any Update.

Your access to the Services may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Services. In addition, perfect security does not exist on the Internet; we cannot and do not guarantee that any Account Data (defined below) or other personally identifiable information provided to us through your use of the Services will not become public under any circumstances.

Prohibited Services Uses and Activities

You agree to access and use the Services solely in accordance with these Terms and all applicable laws, rules and regulations, and solely through the interface that is provided by us for use in accessing the Services. The License granted to you pursuant to these Terms does not include, without limitation: (a) any resale or commercial use of the Services or Content; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Services or any Content not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions on the Services; (e) making derivative uses of the Services and/or any Content; or (f) the use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Services or to collect any Content or other information from the Services or any other user of the Services. You may not use any Meta tags or any other "hidden text" utilizing our service mark, trade name, trademark, or product name without our express written consent.

By accessing and using the Services, you further agree not to do any of the following:

  • Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any content, materials or other information that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, including, but not limited to, that which advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
  • Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any content, materials or other information that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any content, materials or other information that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any third party (including rights of privacy or publicity). By uploading any content, materials or other information to the Services, you represent and warrant that you have the lawful right to distribute and reproduce such content, materials and other information;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, or allow others to impersonate you or misrepresent their affiliation with you, including, without limitation, in connection with the creation, access or use of an Account;
  • Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any content, materials or other information that constitutes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
  • Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, corrupted files, malware, spyware, bugs, or any other computer programming routines or similar software that may damage, interfere with, surreptitiously intercept, infiltrate, or expropriate any system, program, data or personal information.
  • Advertise or offer to sell any goods or services for any commercial purpose through the Services, which are not expressly authorized by us in each instance.
  • Engage in any activities that constitute spamming, which is strictly prohibited.
  • Imply or state that any statements you make are endorsed by us, any third party, or any other user, without our express prior written consent, or the express prior written consent of such third party or user in each instance.
  • Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Services in any manner.
  • Hack or interfere with the Services, its servers or any connected networks.
  • Adapt, alter, license, sublicense or translate the Services for your own personal or commercial use.
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us or any third-party owner or licensee of any Content.
  • Upload content, materials or other information that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
  • Use the Services to collect usernames and or/email addresses of other users by electronic or other means.
  • Use the Services in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining our trade secret information for public disclosure or other purposes.
  • Register under different usernames or identities, after your Account has been suspended or terminated or register under multiple usernames or identities.
  • Cause or induce any third party to engage in the restricted activities above.

User Accounts; Account Data

In order to purchase products, you will have the option to checkout either by using your Account Data (as defined below) or as a guest. If you choose to checkout as a guest, any information that you provide to process your order is subject to our Privacy Notice, which you should review for more information. In order to utilize certain features on the Services you will be required to create a user account (“Account”) and provide certain Account information, including, without limitation, your name, email, address, phone number, certain information regarding your Plan, account profile name, login password, and other information that we may require from time to time (collectively, “Account Data”). Please note that we only accept U.S. postal address and e-mail address information since we currently only ship our products to physical addresses in the U.S. (excluding P.O. boxes, Hawaii, Alaska, and Puerto Rico). Please see our Shipping and Returns Policy for additional information. You agree to create only one unique Account and that you shall be the sole authorized user of your Account. You further agree to: (a) keep your Account Data true, accurate, current and complete at all times (and will promptly update your Account Data as necessary from time to time), (b) restrict access by any other person or entity to your password or other login information, (c) not knowingly use the name, email or phone number of any other person without authorization, (c) not use an email that is profane, offensive or otherwise inappropriate, (d) not allow any third party to use your login information, Account Data or Account, and (e) notify us of any breach of security regarding your Account or Account Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Services. Account Data and certain other information about you is subject to our Privacy Notice, which you should review for more information.

In connection with your Account, you represent and warrant that: (i) you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable owner of, any Account Data, materials or other information you submit or upload onto the Services; (ii) such Account Data, materials and other information, when used for the purposes in which it is submitted onto the Services, does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights and rights of publicity/privacy; (iii) such Account Data, materials and other information will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) such Account Data, materials and other information will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) such Account Data, materials and other information will not be obscene or contain child pornography or be harmful to minors; and (vi) such Account Data, materials and other information will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (vii) such Account Data, materials and other information will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. You acknowledge and agree that you shall be solely responsible for all Account Data, materials and other information that you upload onto the Services and that we reserve the right to reject, refuse, edit, modify, or remove all or a portion of any such Account Data, materials or other information from the Services that we determine, in our sole discretion, does not comply with these Terms, or for any other reason, without notice or liability to you.

You are responsible for maintaining the confidentiality of your Account and password and are fully responsible and liable for all activities that occur under your password or Account, even if not committed by you. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security by contacting us at support@carecovered.com. We are not responsible for any loss or damage as a result of someone else using your Account, Account Data or password with or without your knowledge. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted. You agree to use the Services and your Account only for lawful purposes.
We may from time to time modify or add to the Account Data information fields required to create or maintain your Account, and you agree to promptly complete any such additional or modified information fields when requested by us. If you fail to do so, we may terminate or suspend the use of your Account.

If you create an Account or accept these Terms on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to act on behalf of that entity or agency, and to bind that entity or agency to these Terms. In such cases, “you” and “your” will refer and apply to that entity or agency.

Payment and Plan Integration

We may integrate with third party Plan administrators or payment processors. We are not responsible for balance accuracy or transaction approvals

Product and Service Changes, Misprints, Errors, and Cancellations

Subject to applicable law, and notwithstanding any information, slogans, or materials displayed on the Services, we: (a) reserve the right to change the products and services advertised or offered for sale through the Services, the prices or specifications of such products and services, and any promotional offers and any other Content at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that products or services advertised or offered for sale on the Services will be available when ordered or thereafter; (c) reserve the right to limit quantities of products and services sold or made available for sale; (d) do not represent or warrant that Content related to any products or services advertised or offered for sale (including without limitation product descriptions or photographs) is accurate, available, complete, reliable, current, or error-free; (e) do not represent or warrant that any specific products or services advertised or offered for sale through the Services, as of the time of purchase or delivery, will in fact be an eligible product or service for purchase under your Plan; (f) reserve the right to substitute a substantially similar product of equal or greater value to fulfill your order; and (g) reserve the right to cancel, to terminate, or not to process orders (including accepted orders) where the price or other material information on the Services is inaccurate, when potential fraudulent activity is detected or when we recognize abuse of these Terms and our policies. If we do not process an order for such reason, we will advise you that the order has been canceled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. If a product offered on the Services is not as described, your sole remedy is to return it in unused condition for a refund.

We reserve the right to charge fees or extra shipping charges for any product that is backordered. The posting of prices on our Services is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between us and any user of the Services is not entered into until we charge a valid credit card or otherwise accept payment.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service  or Website (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Releases; Disclaimer of Warranties; Limitation of Liability

WE RESERVE THE RIGHT TO CORRECT ANY INACCURACIES, ERRORS, OR OMISSIONS AND DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY OR COMPLETENESS OF ANY CONTENT AND ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO THE SUBSTANCE, ACCURACY, OR SUFFICIENCY OF ANY SERVICE OR PRODUCT INFORMATION LISTED ON THE SERVICES.  Care Covered DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR, NOR DO WE PROVIDE ANY ASSURANCES OF THE AVAILABILITY OR USABILITY OF THE SERVICES OR ANY CONTENT.  

YOUR ACCESS AND USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Care Covered MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT, MATERIALS OR INFORMATION UPLOADED BY ANY USER IN CONNECTION WITH ANY INTERACTIVE AREAS PROVIDED THROUGH THE SERVICES, OR ANY THIRD-PARTY CONTENT LINKED TO THE SERVICES. Care Covered ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN. Care Covered DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND Care Covered WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER CARE COVERED NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT OR OTHER INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES.

NEITHER CARE COVERED NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER Care Covered NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT CARE COVERED IS ONLY WILLING TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD CARE COVERED, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY CARE COVERED OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL CARE COVERED, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CARE COVERED DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICES. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CARE COVERED OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL PURCHASE PAID BY YOU TO CARE COVERED FOR PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU AND CARE COVERED AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR CARE COVERED WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR CARE COVERED ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND CARE COVERED FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, CARE COVERED, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Indemnification

In addition to any other indemnification obligations set forth in these Terms, you hereby agree to indemnify, defend and hold harmless, Care Covered and its directors, officers, employees, affiliates, content partners, vendors, third party licensors, distributors, advertisers, and other contracting parties, together with their respective directors, officers, employees, successors, assigns, consultants and other agents, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Services; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms; (iii) any Account Data or content, materials and other information uploaded by you to any Interactive Areas of the Services; (iv) your violation of any applicable law, rule or regulation in accessing and using the Services; or (v) your violation of any third party right, including, but not limited to, any intellectual property right or right of privacy/publicity related to your access and use of the Services. Care Covered shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Care Covered’s request. Care Covered reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Care Covered.

Copyright

The service marks and trademarks of Care Covered are service marks owned by Care Covered. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the applicable owner.
We respect the intellectual property of others and expect Services users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, the you may request that we remove or disable the material by submitting written notification to our Legal Team, in accordance with the Digital Millennium Copyright Act of 1998 (DMCA).

Our Legal Team for notice of claims of copyright infringement on the Services can be reached as follows:

Care Covered

ATTN: Legal Team - Copyright Infringement

2508 Highlander Way

Carrollton, TX 75006

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Promotional Offers

Each offer is subject to the specific terms and conditions stated on the offer (if any) as well as these general terms and conditions. Only offers provided or promoted by us on valid marketing materials will be honored. Offers are valid for one single purchase per customer during the term. Offers are not valid on items not in stock at time of purchase. Offers are non-transferable and cannot be redeemed for cash or a cash equivalent. Offers are valid for United States residents only. Offers cannot be applied to previous or future purchases. We may revoke all or a portion of an offer that we believe is the result of misuse or fraudulent activity and reserve the right, in our sole discretion, to terminate or modify an offer at any time.

Sales Tax

In states where we have no physical presence, we are not required to collect and remit sales tax for purchases unless required by such state’s tax laws. However, if a state does not require this, it may still require that their residents file a sales or use tax return for items purchased on the Services. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. For those states that do require it, we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. In consideration of our allowing you access to and use of the Services, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, USA.These Terms shall be governed by the internal laws of the State of Texas, without reference to its choice of law provisions. Any dispute relating in any way to your access to, or use of, the Services, these Terms (including our Privacy Notice), our advertising or solicitation practices, or the products you purchase through the Services, shall be submitted to confidential arbitration in Dallas, TX, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the City of Dallas and State of Texas, USA and you irrevocably consent to exclusive personal jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.