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Terms of Use

Thank you for selecting the Direct Care Marketplace Services (“Services”) offered by Direct Care Marketplace and/or its subsidiaries and affiliates (referred to as "Direct Care Marketplace", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Direct Care Marketplace. By clicking "I Agree," indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.

GENERAL TERMS AND CONDITIONS FOR Direct Care Marketplace SERVICES

  1. AGREEMENT

This Agreement describes the terms governing your use of the Services. This Agreement includes by reference:

  • Privacy Policy
  • Additional terms and conditions, which may include those from third parties.

You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:

  • you can form a binding contract with Direct Care Marketplace;
  • you are not a person who is prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction; and
  • you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including applicable trade regulations.
  1. ELECTRONIC COMMUNICATIONS ERISA CONSENT AND SCOPE OF DOCUMENTS

By registering and using the Services you consent to allowing us to provide you with electronic versions of important notices and documents associated with your benefits. Your consent confirms your ability and agreement to:

  • receive Communications electronically from Direct Care Marketplace, its affiliates, and its third party service providers, rather than in paper form; and 
  • the use of electronic signatures in our relationship with you (“Consent”). 

Before you consent, you should understand the following:

  • This Consent includes communications and notices including (but not be limited to newsletters, enrollment announcements, Summary Plan Descriptions (SPDs), Summaries of Material Modifications (SMMs), Summary Annual Reports (SARs), COBRA notices, Summaries of Benefits and Coverage, Health Insurance Marketplace Notices and HIPAA certificates of creditable coverage. 


  • When a new benefit notice, announcement, newsletter, SPD or other document is posted to the Internet, you will receive a notification at the email address you provide to inform you of the availability of the document.


  • You have the right to withdraw your Consent at any time at no charge to you. To withdraw Consent, you must notify ([email protected] ) by email or in writing to Vensure Employer Solutions, ATTN: Direct Care Marketplace, 1475 S Price Rd, Chandler, AZ 85286. 


  • It is important that you maintain a valid email address so that we may contact you. You agree to maintain a valid email address and promptly notify us of any changes to your email address. You may update your email address during the enrollment process or by contacting us at [email protected] .


  • If you consent to electronic distribution, you may still request a paper version of any document, free of charge, by sending a request to Employers Resource Benefits Department, in writing, at 1301 S. Vista Ave. Ste. 200, Boise ID 83705, or by email at [email protected] .


  • In order to access, view, and retain electronic communications that we make available to you, you must have: 


    • A computer or mobile device with Internet or mobile connectivity
    • For desktop website-based Communications:
      • The browser must have cookies and scripting enabled. Use of browser extensions may impair full website functionality.
      • Minimum recommended browser standards are IE 11 or newer, the most recent versions of Mozilla Firefox (see http://www.mozilla.com for latest version), or most recent version of Google Chrome (see http://www.google.com/chrome for latest version).
    • For application-based Communications:
      • A recent device operating system that supports text messaging
      • Access to the email address used to create an account for Direct Care Marketplace
      • Sufficient storage space to save Communications and/or a printer to print them.


  • If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add [email protected] to your email address book


  1. YOUR RIGHTS TO USE THE SERVICES

The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Direct Care Marketplace. Direct Care Marketplace reserves all other rights in the Services. Until termination of this Agreement and as long as you comply with this Agreement, Direct Care Marketplace grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to or give any part of the Services to any third party;
  • Reproduce, modify, copy, sell, trade, lease, rent or resell the Services;
  • Decompile, disassemble, or reverse engineer the Services; or
  • Make the Services available on any file-sharing or application hosting service.
  1. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees, as well as, the terms of your agreement with your mobile device and telecommunications provider.

Direct Care Marketplace MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

  • THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
  • ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
  • ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
  1. CONTENT AND USE OF THE SERVICES

Responsibility for Content and Use of the Services

  1. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Direct Care Marketplace a worldwide, royalty-free, non-exclusive license to host and use your Content.
  2. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
    1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
    2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual's privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
    3. Except as permitted by Direct Care Marketplace in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
    4. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
    5. Any content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

Restricted Use of the Services

You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Direct Care Marketplace or could subject Direct Care Marketplace to liability to third parties, including: 

  • unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; 
  • interference with others' use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; 
  • unauthorized collection or use of personal or confidential information, including phishing, pharming, crawling, and harvesting; 
  • viewing or other use of any Content that, in Direct Care Marketplace's opinion, is prohibited under this Agreement; 
  • any other activity that places Direct Care Marketplace in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or 
  • attempting to probe, scan, penetrate or test the vulnerability of an Direct Care Marketplace system or network or to breach Direct Care Marketplace's security or authentication measures, whether by passive or intrusive techniques. Direct Care Marketplace reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.


  1. ADDITIONAL TERMS

Direct Care Marketplace Does Not Give Professional Advice - Unless specifically included with the Services, Direct Care Marketplace is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

Direct Care Marketplace May Tell You About Other Direct Care Marketplace Services - You may be offered other services, products, or promotions by Direct Care Marketplace (other "Direct Care Marketplace Services"). Additional terms and conditions may apply. 

Communications - Direct Care Marketplace may be required by law to send you communications about the Services or third party products. You agree that Direct Care Marketplace may send these communications to you via email or by posting them on our websites.

You Will Manage Your Passwords and Accept Updates - You are responsible for securely managing your password(s) for the Services and to contact Direct Care Marketplace if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

  1. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Direct Care Marketplace, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. Direct Care Marketplace AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF DELIVERY OF THE SERVICES.

Direct Care Marketplace, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

  1. LIMITATION OF LIABILITY AND INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Direct Care Marketplace AND ITS AFFILIATES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET Direct Care Marketplace SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF Direct Care Marketplace AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF Direct Care Marketplace, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Direct Care Marketplace and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Direct Care Marketplace reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Direct Care Marketplace in the defense of any Claims.

  1. CHANGES

We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

  1. GOVERNING LAW

Idaho state law governs this Agreement without regard to its conflict of laws provisions.

  1. DISPUTES

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Idaho law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND Direct Care Marketplace ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

All disputes or claims shall be resolved as follows: 

  • by attempting settlement by mediation utilizing the Rules and Mediator provided by Dispute Systems Inc. or any successor; 
  • and, failing settlement by mediation, the parties agree that all claims and disputes, including those of jurisdiction and arbitrability, shall be resolved by neutral binding arbitration conducted by the National Arbitration Forum (NAF), under the NAF Code of Procedure in effect at the time any claim is made. The parties stipulate that this agreement involves transactions in interstate commerce, is subject to the Federal Arbitration Act, invoke its jurisdiction and agree that any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. 

This Section shall survive expiration, termination or rescission of this Agreement.

  1. GENERAL

This Agreement is the entire agreement between you and Direct Care Marketplace regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Any license of Direct Care Marketplace software or use of the Services are made pursuant solely to the terms and conditions of this Agreement. The terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and Direct Care Marketplace. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You may not assign or transfer this Agreement to anyone without written approval of Direct Care Marketplace. However, Direct Care Marketplace may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Direct Care Marketplace or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Direct Care Marketplace via an email to: [email protected].

I consent to the electronic disclosure of all Employee Benefit notices, including without limitation, enrollment announcements, Summary Plan Descriptions and plan amendments.

By using Direct Care Marketplace and continuing with your registration, user acknowledges that they have read the Terms of Service and understand that the user is entitled to withdraw their consent at any time at no cost to themselves. The user understand that they have the right to receive paper copies of all Employee Benefit notices, upon request at no additional charge. The user also confirms that they have the ability and the necessary equipment and software to access Direct Care Marketplace, view the documents and store or print copies.