Converge Terms of Service

You may use the Converge website according to these Terms of Service. Converge is permitting you to use the Converge website for personal, non-commercial purposes and your use is revocable, non-exclusive and non-transferable. By accessing and using the Converge Website, you agree to be legally bound to these Terms of Service. Please do not use the Converge website if you do not agree with these Terms of Service.

The content of the Converge website is information only and not intended to supplant or replace medical services or advice. The Converge website is intended solely for users located within the United States.

Converge reserves the right to update and modify these Terms of Service at any time. Your continued use of the Converge website will be deemed your acceptance of these Terms of Service and any modifications thereto, once such modifications are posted to the Converge website. You also agree to the Converge Privacy Policy, as currently posted, by accessing and using the Converge website.

Converge may monitor the Converge website from time to time, and use the monitoring results for any legal purpose.

In the event that you choose to apply for a health plan made available through the Converge website, each application will be reviewed individually by the carrier and Converge does not control or guaranty eligibility or the terms of a health plan made available through the Converge website

You may print a reasonable number of copies of the Converge website for your personal use, and Converge shall retain all proprietary copyright and trademark notices in those copies. All rights, title and interest in and to all portions of the Converge website, including all intellectual property rights, such as copyright, trademark, patent and trade secret rights are the property of Converge, as between you and Converge. No ownership interest is transferred to you, or any other entity, by permitting you to use the Converge website. The Converge website may include intellectual property of third-parties, such as trademarks, copyrights, or logos, and no ownership interest is transferred to you, or any other entity, by permitting you to use the Converge website.

In the event that you choose to provide feedback, suggestions, or similar communications to Converge, all such messages (the “Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary. You hereby grant Converge a perpetual and unrestricted (including sublicensable, assignable, worldwide, royalty-free), irrevocable license to utilize such Messages, in whole or in part, and including all intellectual property rights, if any, therein in any manner that Converge may so choose.

In the event that you violate or are believed to have violated any of these Terms of Service, Converge may terminate your permissions to use the Converge website at any time for any reason. Upon termination of permissions, you must destroy any copies of the Converge website you may have made.

Copyright infringement – DMCA notice.

The Digital Millennium Copyright Act of 1998 of the US Copyright laws (the “DMCA”) allow the owner or author materials to object to the use of such materials on a website. You may bring a good faith objection to the use of materials you claim to own to Converge’s attention by contacting Converge.

Converge
c/o Softheon
1500 Stony Brook Road
Stony Brook, New York USA 11794
Attn: Legal Dept.

To be effective, the Notification must include:

a. A physical or electronic signature of a person authorized to act on behalf of an owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material which is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Converge to locate the material;
d. Information reasonably sufficient to permit Converge to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If Converge receives a Notification which substantially complies with this Section immediately above, then Converge will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

Website Content.

Converge may modify, insert, or remove some or all of the materials on this website at any time. Additionally, please note that information provided by third-parties may not be accurate or up to date. Please note that features of any health plan described on the Converge website may change over time as permitted by law (including benefit levels, items included in any formulary, pricing or lists of participating providers or other associated vendors).

Links.

The Converge website may provide links to third-party websites and Converge is not responsible for the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third-parties.

Disclaimer of Warranties.

THE CONVERGE WEBSITE IS PROVIDED ON AN AS IS, AND AS AVAILABLe BASIS, EXCEPT AS OTHERWISE NOTED IN THESE TERMS OF SERVICE. CONVERGE AND ALL ASSOCIATED THIRD-PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER CONVERGE OR ANY ASSOCIATED THIRD-PARTIES MAKE ANY WARRANTY THAT THE CONVERGE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE CONVERGE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPUTER VIRUS FREE, OR ERROR FREE; NOR DOES CONVERGE OR ANY ASSOCIATED THIRD-PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONVERGE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONVERGE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU VIA THE CONVERGE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you, your local laws may include restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability.

YOU AGREE THAT CONVERGE AND ANY ASSOCIATED THIRD-PARTIES WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE CONVERGE WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE CONVERGE WEBSITE ARE EXCLUDED EVEN IF THE ASSOCIATED THIRD-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THE CONVERGE WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE CONVERGE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CONVERGE WEBSITE.

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or website. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.

Applicable Law – Consent to jurisdiction and venue.

Without regard to its conflicts of law provisions, the laws of Delaware will be used to construe these Terms of Service. You consent to the exclusive jurisdiction and venue of state and federal courts residing in Delaware to adjudicate any dispute arising out of these Terms of Services.

Effective Date.

The Effective Date of these Terms of Service is October 31, 2019.

Insurance products sold and serviced by independent licensed insurance agencies. AARP and its affiliates are not licensed agents/producers and do not sell or service insurance products. Softheon does not sell insurance.

View Important Disclosures Below

AARP Converge powered by Softheon is an AARP-branded eCommerce website. Softheon, Inc. powers this online insurance marketplace by providing web-based information systems. Softheon does not sell insurance.

This website makes available insurance products and services issued and sold through unaffiliated third parties but does not include all insurance companies or all types of insurance products available in the marketplace. You are encouraged to consider your needs when selecting products. AARP does not make product recommendations for individuals.

Catalyst360, LLC, a Pennsylvania resident licensed insurance agency (license #485699) serves as the agent/producer for the Medicare-Related Insurance Plans and Dental Plans. Catalyst360, LLC is also licensed as a nonresident insurance agency, or otherwise authorized to transact business as an insurance agency, in all 50 states (including California, license #0F74410) and the District of Columbia. Welltheos LLC (DBA W3LL), a New York resident licensed insurance agency (license # LB 1492631), serves as the agent/producer for the Medical Plans. Welltheos LLC (DBA W3LL) is also licensed as a nonresident insurance agency, or otherwise authorized to transact business as an insurance agency, in all 50 states and the District of Columbia. SASid, Inc. and SASid, Inc. Agency (CA License #0D43589) market the Vision Plans. EyeMed Vision Care & Insurance Services, LLC. is an agency, CA License #0F30752, that serves as the agent/producer for the Vision Plans. Shannon Kennedy, whose principal place of business is in Wisconsin and is licensed to transact insurance business in California under license number #OD43589 serves as the agent/producer for the Vision Plans. The New York Life Insurance Company licensed life insurance agent is Jason Montgomery (Arkansas, #611214, California #0B93302). A licensed insurance agent/producer may offer assistance to insurance customers as appropriate.

Providers that offer AARP-branded insurance products pay royalty fees to AARP for the use of its intellectual property. These fees are used for the general purposes of AARP. AARP and its affiliates are not insurers, agents, brokers or producers and do not employ or endorse agents, brokers or producers. Please note that each insurer has sole financial responsibility for its products.