Terms & Conditions

The services, including (without limitation) our websites and other interactive properties through which the services are delivered (collectively, the “Service(s)” or “Website”), are owned, operated, and distributed by Ensura LLC (referred to as “Ensura” or “we” and through similar words such as “us,” “our,” etc.). The terms “you,” “yourself,” “your,” and “user” mean and refer to you on behalf of yourself.

By clicking “I agree” or by accessing, using or obtaining any content, data, materials, information, products, or Services through our website (the “Website”), you agree to be bound by these terms and conditions (“Terms”). If you do not accept all of these terms, then you may not use the Website. We recommend you print out a copy of these terms and conditions for your future reference.

YOU AGREE TO RECEIVE COMMUNICATIONS FROM US VIA EMAILS OR TEXTS/CALLS FROM OR ON BEHALF OF ENSURA AT THE ADDRESS OR PHONE NUMBER YOU PROVIDE TO US. THESE COMMUNICATIONS MAY INCLUDE DETAILS OF APPOINTMENT OFFERS AND OTHER ALERTS THAT MAY REQUIRE IMMEDIATE ATTENTION. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

BY USING THE WEBSITE, YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT

We reserve the right to refuse a user’s access to the Service for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate a user’s account for any reason. Such termination of your account will result in your loss of access to the Website. We will not be liable for any decision to suspend, terminate, or refuse service under any circumstances.

The Service is controlled and offered by us from our facilities in the United States of America. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Our Content

We provide the content appearing on the Website (the “Website Content”) solely for your convenience and informational purposes, and such Website Content (i) is not intended as a substitute for professional or financial advice; (ii) should not be construed as the provision of professional advice or recommendations; and (iii) should not be relied upon as the basis for any decision or action, including, without limitation, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. We are not responsible for the accuracy or reliability of any Website Content, or for expenses, losses, or damages (financial or otherwise) incurred by relying upon the information presented here. The information and features included in this Website have been compiled from a variety of sources for informational purposes and are subject to change at any time without notice. THIS WEBSITE AND ALL INFORMATION IT CONTAINS ARE PROVIDED “AS IS.”

By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Website Content available through the Website. The relationship between you and Ensura is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or postpone seeking it because of something that you have read on the Website. We neither recommend nor endorse any specific products, services, opinions, or other Website Content that may be made available through or mentioned on the Website.

External Links

The Website may provide links to other websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that Ensura neither endorses nor is responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Additionally, other websites may provide links to the Ensura Website with or without our authorization. You acknowledge and agree that we do not endorse such sites and are not and shall not be responsible or liable for any links from those sites to the Website, or any expenses, losses, or damages (financial or otherwise) incurred in connection therewith.

Electronic Communications

When you use the Website or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. By agreeing to these Terms, you consent to Ensura providing disclosures to you, communicating, and otherwise conducting business with you electronically. You are agreeing to use electronic records and signatures throughout the course of our relationship as part of your use of our Services, and that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that your electronic signature will be binding to the same extent as if you signed on paper with an ink signature.

Email Communications

We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Telephone and SMS Communications

You further agree that Ensura and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages directly related to your appointment. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. You may opt-out of these forms of communication at any time by changing your preferences or settings. However, you acknowledge that opting out of receiving all messages may impact your use of the Service. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Message and data rates may apply. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Website.

Prohibited Activity

In addition to uses otherwise prohibited by Ensura, these Terms, or applicable law, you shall not, and you shall not allow any third party to, do any of the following:

Use the Website for illegal, unauthorized, harmful, misleading, fraudulent, or other malicious purposes or to post, disseminate, or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe the intellectual property, privacy, or other rights of another.
Engage in excessive usage of the Website, as determined by our sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Website, or disrupts the availability of the Website for other users.
Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
Attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Website in any manner.
Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
Post, upload, or transmit: (i) any data, content, or materials meant to market or advertise services or products that are competitive with the Website, solicit any other users of the Website for such purposes and/or use data, content, or materials gathered from the Website for such purposes, (ii) any data, content, or materials of any type that infringe or violate any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret, or any proprietary or other right of Ensura or a third party, (iii) any disabling code (defined as computer code designed to interfere with the normal operation of the Website or Ensura’s or a third party’s hardware or software) or any program routine, device, or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse or trap door which is designed to delete, disable, deactivate, interfere with, or otherwise harm the Website or Ensura’s or a third party’s hardware or software.
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website.
Create a database by systematically downloading and storing all or any Website content.
Use any robot, spider, Website search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
Use or access the Website or any data, content, or materials provided through the Website in violation of international, federal, state, or local law or other applicable rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the US and other countries). If you access the Website from outside the United States, you do so at your own risk and responsibility for compliance with laws of your jurisdiction.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED “AS IS” AND YOU ASSUME ANY AND ALL LIABILITY FOR USING THE WEBSITE AND ITS SERVICES. Ensura expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Ensura makes no warranty, and expressly disclaims any obligation, that: (a) the Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the Website Content will be up-to-date, complete, comprehensive, accurate, or applicable to your circumstances; (c) the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.

Limitation of Liability

We (together with our officers, managers, members, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as a result of your access to the Website, your downloading of any Website Content or (b) any injury, death, loss, claim, force majeure, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of the Website or the Website Content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website); or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you. YOU AGREE THAT OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ALL CLAIMS SHALL BE LIMITED, IN THE AGGREGATE, TO USD $100.00. YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR USE OF THE WEBSITE OR ITS SERVICES, MUST BE FILED WITHIN ONE (1) CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless Ensura, its affiliates, and their respective present, former, and future officers, managers, members, directors, employees, and agents, and their respective heirs, legal representatives, successors, and assigns from and against any claim, demand, loss, damage, cost, or liability (including amounts paid in settlement and reasonable attorneys’ fees) arising out of or relating to:

Any content you submit, post, transmit, or make available through the Website or its services;
Your use or misuse of the Website;
Your breach or alleged breach of these Terms; or your violation of any rights (including intellectual property rights) of a third party.

Copyright Protection

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ensura or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Ensura and protected by United States and international copyright laws. All software used on this site is the property of Ensura or its software suppliers and protected by United States and international copyright laws. For notices of claims of copyright infringement, please contact our designated copyright agent:

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and Ssrvices, including applicable copyrights, trademarks, and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. We reserve all rights that are not explicitly granted to you in this Agreement.

Ensura trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the services are the trademarks, service marks, or trade dress of Ensura and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Ensura.

Governing Law & Arbitration

This Agreement shall be governed by the laws of the State of California without giving effect to any principles that may provide the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to these Terms, including any controversy or claim involving a third party with whom information you have entered into the Website has been shared (but only to the extent such third party consents to arbitration of such controversy or claim) shall be settled by binding arbitration before a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Orange County, California, or an alternative venue as agreed between the You and Us and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

If either Ensura or you want to arbitrate a dispute, Ensura and you each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Ensura and you each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate. Thereafter, either Ensura or you may submit the dispute to formal arbitration.

Both you and Ensura each agree not to pursue arbitration on a consolidated or class wide basis, including any arbitration involving a third party with whom information you have entered into the Website has been shared. Both you and Ensura each agree that any arbitration will be solely between you and Ensura and/or, where applicable, a third party with whom information you have entered into the Website has been shared (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Miscellaneous

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate, or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice thereof on the Website. Your continued use of the Website following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Website, your only recourse is to immediately terminate use of the Website. Other terms and conditions may apply to your purchases and/or use of Ensura products/services through the Website, the Service Providers’ websites, and to your use of other portions of the Website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, such Terms will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Website. You acknowledge that you have read and understood these Terms and that these Terms have the same force and effect as a signed agreement.

If you have any questions, please email us at info@ensuragroup.com.