HeyMOE Terms and Conditions

September 4, 2024

Hey Moe, LLC dba HeyMOE Software Terms and Conditions

These Terms and Conditions (this "Agreement") govern your use of the Hey Moe, LLC dba HeyMOE ("HeyMOE," "we" or "us") proprietary Software (the "Software") made available by us. These Terms and Conditions also govern your ("you" or "your") use of our Software accessible through the website and App. Your use of the Software, and the grant of a limited license to you to use the Software, is conditioned upon your consent to be bound by these Terms and Conditions and to our Privacy Policy. If you do not agree to be bound by our Terms and Conditions and the Privacy Policy, do not use the Software. By continuing to use the Software, you accept and agree to the following Terms and Conditions, as may be revised from time to time:

  1. "We", "us", "our," "HeyMOE," or the "Company" refer to Hey Moe, LLC.
  2. In order to use our Software, you must register an account with us. It will be protected by a password of your choosing for your privacy and security. It is your obligation to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser and by logging out after you have finished accessing your account.
  3. Subject to acceptance of these Terms and Conditions, HeyMOE grants you a non-exclusive, non-transferable, limited license to access and use the Software and the derivative content therefrom. This limited license to access and use the Software is granted solely for the purpose of researching Medicare Part D drug plans using data provided by third party sources and the Federal government.
  4. You agree to use the Software in a manner consistent with these Terms and Conditions.
  5. You may not transfer, sell, or otherwise assign your rights or obligations to the Software under this Agreement.
  6. We may terminate your access to and use of the Software at any time.
  7. This Agreement incorporates the Privacy Policy set forth through the link provided above, and posted on our website; the Privacy Policy may be modified from time to time.
  8. You acknowledge that we may disclose and transfer any information that you provide through the Software to (i) The Company's affiliates, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law.
  9. You acknowledge that HeyMOE or its licensors own and hold all intellectual property and proprietary rights, title and interest in the Software, and that your use of the same does not transfer any rights in the same to you except for the limited license provided herein. You agree:
    • Not to copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from the Software. You may only download material from the Software for your own use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional items of individual interest only. You may not remove or amend any trademark, copyright or other proprietary notice from the Software or any report generated by the Software. Without limiting the generality of the foregoing, you may not distribute any part of the Software over any network, nor sell or offer it for sale or lease. You may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works from the Software (or the open source software) as provided in accordance with the terms of the applicable Open Source Software license, and HeyMOE is not a party to the same. We reserve all rights that are not specifically granted to you.
    • That you are expressly prohibited from presenting the Software in a setting created by you or a third party (e.g., through framing), particularly (but not exclusively) where that setting includes advertising or other materials that we have not authorized to be displayed with the Software.
    • That you are prohibited from unauthorized use of any trademarks, service marks, domain names, logos or identifiers of HeyMOE.
    • That any of your questions, comments, or suggestions for improvements regarding the Software services that you email, post, or otherwise transmit to us (your "Communications") will become the property of HeyMOE. You hereby relinquish and assign to HeyMOE the worldwide, royalty free, right and title to run, use, re-use, implement, copy, display, and create derivative works from, those Communications, including any ideas, concepts, know-how, or techniques contained in your Communications for any purpose.
  10. All content and functionality displayed, provided, reproduced, or distributed by us on the Software is for information purposes only and are not intended as, and are not a substitute for, legal, financial, investment, insurance, or tax advice.
  11. The Software offers tools based on proprietary information provided by you and other third-party sources. The Software is designed to provide information, based primarily on third-party sources so that you can make informed decisions regarding your Medicare Part D drug coverage. The Software does not make decisions or choices as to which option is best for you; that is your obligation after carefully considering the information displayed. HeyMOE and you both acknowledge that HeyMOE is not providing legal, financial, retirement, investment, insurance, or tax advice through or by providing the Software to you, nor shall HeyMOE be liable for any recommendations or advice rendered by the Software. Further, HeyMOE expressly disclaims any warranty under any state or federal uniform commercial code, including, but not limited to, any warranty of fitness for a particular use or of merchantability. By agreeing to these Terms and Conditions, you accept the following disclaimers:
    • As part of its use, the Software requires information input by you or a third party. The accuracy and authenticity of such information is reliant solely on the author of the information, whether an advisor or a third party. This information is not controlled or attested to by HeyMOE, its affiliates or representatives. Any information entered into the Software should not be interpreted as legal, financial, investment, insurance, or tax advice.
    • The Results Display is the final guidance material generated by the Software. The Results Display is hypothetical and should be considered as only one factor in your final decision regarding your choice of Medicare Part D drug plans. The Results Display, or other advice generated by your use of the Software, may be misinterpreted due to inaccurate assumptions by you or other users. The Results Display is not meant to be relied upon for legal, financial, investment, insurance, or tax advice.
  12. Where we provide or enable links to third party sites, we do so for information purposes only and we accept no responsibility for your use of the same.
  13. You will be responsible for all charges and obligations incurred, and liabilities for harm caused, and for all actions taken, through your use of the Software.
  14. You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Software in violation of the terms of this Agreement, or the failure to fulfill any obligations relating to use of the Software.
  15. You warrant that: you will not use any electronic communication feature of the Software for any purpose that is abusive, tortious, intrusive on another's privacy, harassing, libelous, defamatory, obscene, threatening, hateful, or otherwise unlawful; you will not post any materials that infringe on rights of third parties; and, you will not upload or transmit any virus or other malware.
  16. The Software, and any information provided through it and these Terms and Conditions are given and made in Wisconsin, U.S.A. This Agreement is subject to Wisconsin law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of Wisconsin, Dane County. You agree to submit to the jurisdiction of the courts located in the State of Wisconsin.
  17. THIS SOFTWARE AND SYSTEMS USED OR PROVIDED AS PART OF THIS SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING INFRINGEMENT, OWNERSHIP, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
  18. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE SOFTWARE, OR WEBSITE TO WHICH IT IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES OR AGENTS TO YOU, OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE ONE HUNDRED DOLLARS ($100). THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION FIRST AROSE. In no event will HeyMoe be liable to you for any claims based on any decision, whether legal, financial, investment-based, insurance-based, medical, tax-related, or otherwise, or any such analysis you make relating to such use or any advice you give as a result of your use of the Software.
  19. You may not assign any of your rights or grant of limited license, by operation of law or otherwise, without prior consent from HeyMOE. Any assignment made by you in violation of this section shall be null and void.
  20. You and we mutually agree, pursuant to the E-Sign Act ('the Electronic Signatures in Global and National Commerce Act', as it may be amended from time to time), to treat electronic tokens of assent from you and from us, as binding expressions of assent as to contracts.
  21. We may revise these Terms and Conditions from time to time by posting changes to the HeyMOE website. Any such revisions shall be effective when posted and made available for your review. Your continued use of the Software following such changes is your expression of assent to the modified terms and conditions.
  22. These Terms and Conditions and ancillary agreements you have signed in connection with the use of the services provided through this Software contain the entire understanding between us with respect to any use of the Software. Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain, and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.