Terms and Conditions


Terms of Use Agreement

We warmly welcome you to JOANY.com, the website and online service of JOANY Inc., d.b.a. JOANY Insurance Services (formerly “Impact Health”, “Impacthealth.io”,“Impact”, “IH”, we”, “our”, or “us”). JOANY provides a Service to consumers to help find and purchase health insurance in an average of 5 minutes.

JOANY wants you and other users of the Site to have an enjoyable and safe experience, so we have established these terms, conditions and policies (“Terms of Use Agreement”) so that you, other users and JOANY know what to expect from each other.


Agreement to Terms of Use

By accessing or using the Service, or by clicking “I Agree”, or otherwise using the site’s services, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement and to the collection and use of your information as set forth in the JOANY Privacy Policy, whether or not you are a registered user of our Service. Please also review the Licensing page if you would like to entrust JOANY with your insurance needs and make us your broker of record in connection with your use of our Service.

JOANY may change, modify, add or remove portions of these Terms of Use, at any time. JOANY will send emails informing members of the changes to this document, but can only do so to those who have provided their valid email information to us. You should periodically check these Terms of Use for changes.


Use of our Service

This Agreement serves as a contract between you and JOANY. You must read and agree to the terms before using the Service, and if you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with JOANY, and only in compliance with this Agreement and all applicable local, state, federal, and international laws, rules and regulations.

The products and services described on the Service are only available for persons in those jurisdictions in which they may legally be sold. Nothing on the Service shall be considered a solicitation to buy or an offer to sell anything to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful.

Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Any use of or access to the Service by anyone under 18 is permitted only with the express written permission of such individual’s legal guardian. The Service is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Service in connection with any minors.


JOANY User Accounts

If you decide to sign up with us, your JOANY account will give you access to the services and functionality that we may establish and maintain in our sole discretion. You may never use another User’s account without permission. When creating your own account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We highly encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and even symbols) with your account. You must notify JOANY immediately of any breach of security or unauthorized use of your account. JOANY will not be liable for any losses caused by any unauthorized use of your account.

By providing your email address, you consent to using the email address to send you service-related notices, including any notices required by law, instead of postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, special offers, or updates.


Service/Usage Rules

You agree to not engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, “online readers”, etc., to access the Service in a manner that sends more request messages to JOANY servers than one human can reasonable produce in the same period of time by using a conventional online web browser. Except as expressly provided in these Terms of Use, no part of Impacthealth.io and no Content may be copied, reproduced, republished, uploaded, posted, publically displayed, mirrored, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other technology and medium for publication or distribution or for any commercial enterprise, without JOANY’s prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Without prior notice, we may: change the Service; stop providing the Service or features of it, to you or to Users in general; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without prior notice and liability for any lawful reason, including if in our sole determination you violate any provision of this Agreement, or for no reason if lawfully permitted. Upon any such termination, you continue to be bound by this Agreement.


Our Insurance Services

If you choose to use JOANY for services or to obtain professional advice with respect to any line of insurance that JOANY is licensed to transact (“Insurance Services”) with, you agree to (i) designate JOANY as your broker of record or agent of record, (ii) authorize JOANY to communicate such designation as broker or agent of record to any insurance carrier, your prior insurance producer, and any other person or entity JOANY determines should be advised; (iii) work exclusively with JOANY for such Insurance Services unless we have expressly agreed to collaborate with another insurance broker, and (iv) permit JOANY to receive any commission or other form of compensation that any insurance carrier agrees to pay to JOANY in connection with the provision of Insurance Services may not be available.

If you choose to buy insurance through the Site, you must pay for it and allow us to send sensitive personally identifiable information to insurance companies to issue policies to you.

To be safe, you should not cancel any existing insurance until you have received written confirmation from the insurance company to which you are applying that your new policy is effective.

You can verify all of JOANY’s licenses here


Health Insurance Prices & Services displayed

We consider relevant, detailed information in generating our recommendations. We are continually analyzing current information to keep our data as accurate as possible. However, prices in the marketplace may change at any time without notice, including prices of insurance policies you’ve purchased. These days Health Insurance companies have opted in and then out of a previously occupied service area. Laws also may change that affect the cost of insurance coverage available to you. We cannot fully guarantee that our quotes, copays, (and other similar costs) will be precisely what you would pay for a particular medical visit, medical service, or insurance policy. We’re constantly working on improving our algorithms and data sources – but we are not liable to you or any other user if such estimates are not accurate.


Third-Party Services, Links, and Information

JOANY is excited by potential partnerships with other very reputable companies with the same consumer-focused mission. With that said, the Service may contain links to third-party materials that are not owned or controlled by JOANY. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service, you do so at your own risk, and this Agreement and JOANY’s Privacy Policy do not apply to your use of such sites. You relieve JOANY from any and all liability arising from your use of any third-party website, service or content.


Use of Vendors and Contractors

JOANY strives to make the user-experience as seamless, smooth, and uncomplicated as possible. To do so, we may look to work with vendors and/or contractors. JOANY in its sole discretion may use vendors or contractors to help provide Service to you, and we may change our use of vendors or contractors without notice to you.


Privacy and Data Security

JOANY will implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to prevent any unauthorized use, access, processing, destruction, loss, altercation, or disclosure of any Account Information, and other sensitive data or information you provide us. JOANY will promptly notify you of any discovery of a breach incident or the compromise of the security, confidentiality, or integrity of any of the data and information you provide us, including Account Information. JOANY will comply with all notification obligations, including the cost, timing, and content of providing notice to any affected individual; as may be required by relevant state and federal law.

To read up more about our Privacy Policy – please click here


Mobile Device

To properly use the Site’s Services on a mobile device, you must have a mobile device that is compatible with the Mobile Platform. We do not warrant that the Mobile Platform will be compatible with your mobile device. You agree that you are solely responsible for any mobile data usage or other similar charges incurred by you in connection with the Mobile Platform. JOANY also does not guarantee the same quality will be available through the Mobile Platform as the Website.


Professional Advice

The Founders and Owners of JOANY each have over 10 years in this industry. However, if we provide you any professional information in the course of providing the Service, it is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any such information without first seeking independent professional advice from a person who is licensed and/or qualified in the applicable area.

You will be solely responsible for: (i) compliance with any and all applicable laws, rules, and regulations affecting your business; and (ii) any use you may make of the Service to assist in complying with any such laws, rules or regulations. The Service does not include any legal, regulatory, accounting, or tax advice, and you will rely solely upon your own advisors with respect to such advice.


Indemnity

You agree to indemnify and hold JOANY, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against JOANY by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this Service.


Disclaimers

JOANY DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. JOANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

JOANY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS SERVICE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

JOANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE AND/OR ANY JOANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JOANY FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

JOANY reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (ii) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (iii) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction or other changes.


Limitations of Liability

IN NO EVENT WILL JOANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SERVICE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OF THE SERVICE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF JOANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If, notwithstanding the other provisions of these Terms of Use, JOANY is found to be liable to you, any liability on the part of JOANY will not exceed the fees paid by the user for the particular information or service provided. JOANY is not liable for the unauthorized use of our Content by any other web sites.


Governing Law, Arbitration, Dispute Resolution

If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of JOANY information or services, including its Contents, will be governed by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between JOANY and you arising out of or in connection with your access to or use of JOANY information or services or of the Service, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


Feedback and Information

JOANY welcomes your feedback. Any feedback you provide about the Service can be deemed confidential or non-confidential and the sole discretion of JOANY. JOANY will be free to use such information on an unrestricted basis.


Contact Information

Please contact us at help@JOANY.com with any questions regarding this Agreement.


Mailing Address:

JOANY Inc.
700 South Flower Street
Suite 2600
Los Angeles, CA 90017


The information contained in this web site is subject to change without notice. 


Copyright 2017 Impact Health, Inc. All rights reserved.

Last updated on August 20, 2015