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Terms & Conditions for CallMedicare.org

Terms and Conditions of Use

Please read these Terms and Conditions of Use (“Terms of Use”) carefully before using our services. Our services (“Services”) are powered by CallMedicare.org (hereinafter referred to as “Company”). Your use of our Services is governed by these Terms of Use, and is further subject to our Privacy Statement.

By using any part of our Services, you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you must exit this site. Note that these Terms of Use may be amended or modified from time to time and at any time, without advanced notice.

Legal Jurisdictions Only

The insurance services and products described within our Services are only for persons in those states and jurisdictions where such products and services may legally be sold. Nothing within our Services shall be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.

Legal Authority

If you use our Services, you warrant that you are at least 18 years of age and possess the legal authority to use our Services in accordance with all terms and conditions herein. The Company does not sell products or services to minors. If you are purchasing a product or service on behalf of a minor, you agree to supervise all usage by minors of our Services under your name or account. You also warrant that all information supplied by you or members of your household in using our Services is true and accurate.

Applicable Law

The Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree that any use of action that may arise under the Terms shall be commenced and be heard in the appropriate court in the State of California. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Permitted Use

Our Services are for the use of consumers who are researching and purchasing of individual health insurance products. The content, graphics, information, quotations, code and software used on or incorporated into our Services (collectively “Content”) is made available for your personal use in connection with the generation and display of health insurance quotations only or facilitation of individual health insurance application through our electronic enrollment process. You are not permitted to use our Services or the Content for any commercial or non-personal purpose (direct or indirect) unless agreed to in writing by the Company. The Company reserves the right to prevent any party who engages in such non-permitted use(s) from accessing our Services.

Content

All Content included in our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company protected by United States and international copyright laws. All content and the software used are the exclusive properties of the Company and protected by United States and international copyright laws.

Information You Provide

By using our Services, completing the user registration, or filling out a health insurance application through the utilization of our Services, you are solely responsible for any personal information that you provide to us. You hereby grant the Company and its agents the right to use and store the personal information in a manner consistent with the intended use of our Services. The Company will use the personal information in a manner consistent with our Privacy Statement. In addition to use your personal information to process your request which may include request to be contacted by a licensed insurance agent or to process your enrollment application, we may disclose personal information if required to process your request or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety, its users and the public.

Password Registration

If applicable, certain features or services offered of our Services may require you to create an account or for the Company to issue a user name, password to you. You are solely responsible for maintaining the confidentiality of your account information, including your user identification, password and any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your password.

Access Restrictions / Termination

If applicable, the Company reserves the right, in its sole discretion, to modify your access or terminate your access to our Services and the materials or any portion thereof at any time, without notice.

Disclaimer / Liability Limitation

You agree that from time to time our Services may be inaccessible or inoperable for any reason, including, without limitation, equipment malfunctions, periodic maintenance procedures or repairs which we may undertake from time to time, or causes beyond the reasonable control of the Company or its agents or which are not reasonably foreseeable by the Company. In each case, you agree not to hold the Company responsible for any damages proximately caused by such delay or lack of access. In addition, The Company is not responsible for any loss of your personal information resulting from deletion or corruption or otherwise. While the Company uses reasonable efforts to include accurate and up-to-date information within our Services, the Company makes no warranties or representations as to accuracy of the Contents. The Company assumes no liability or responsibility for any errors or omissions in the Contents within our Services. Changes may be periodically made to the information at any time without notice.

OUR SERVICES AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR THE INFORMATION PROVIDED TO YOU THROUGH UTILIZATION OF OUR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE PROVIDED WITHOUT VIRUS OR OTHER HARMFUL COMPONENTS OR CONDITIONS, OR WILL BE ACCURATE AS OF ANY PARTICULAR DATE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SERVICES. THE COMPANY DOES NOT WARRANT THAT THE USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF OUR SERVICES.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES, OR YOUR RELIANCE UPON OR USE OF ANY INFORMATION CONTAINED IN OR ACCESSED FROM OUR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY HERE UNDER IS FOR YOU TO DISCONTINUE YOUR USE OF OUR SERVICES.

Indemnification

You agree to indemnify and hold harmless the Company (and its directors, officers, employees, subsidiaries, agents and affiliates) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, due to or arising in any way from the use or misuse by you of the materials, your violation of these terms and conditions, your violation of any law, or infringement by you of any right of any person or entity.

Notice of Arbitration Agreement: These Terms & Conditions contain an Arbitration Agreement that may impact Your rights to use the courts to resolve disputes. Please carefully review the terms of the Arbitration Agreement below. If You do not wish to be bound by the Arbitration Agreement, do not use the Service as defined herein.

Notice of Class Action/Class Arbitration Waiver: These Terms & Conditions include a waiver of Your right to proceed with class actions or class arbitration. Please carefully review Section XV(g) for details. If You do not wish to waive rights to class-based relief, do not use the Service.

BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms, you may not access or otherwise use the Site and should cease your use of the Site immediately. We may change the Terms from time to time, and at any time without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.

You may only use the Site if you are domiciled in the United States and you are 18 years old or older.

Services Available on the Site. Via the Site, we provide a service by which consumers can apply to receive insurance or discount program quotations from our network of insurance agents, brokers, discount program representatives and other service providers (the “Services”). We seek to provide valuable information that individuals can use to make their own decisions about insurance and discount programs. Once you provide us with the information needed to complete an on-line application, we will attempt to match you with appropriate insurance agents, brokers, discount programs or other companies.

We do not issue insurance contracts or bind coverage. We do not endorse or recommend any companies or insurance policies, and we do not provide insurance, tax or financial advice. We do not guarantee that any of the insurance agents, brokers and/or companies to whom we forward your application will contact you or agree to provide you coverage. We are not responsible in any way for the conduct of the insurance agents, brokers, discount program representatives and companies that are matched with your on-line application. If you would like personal advice or specific policy recommendations, you should consult with an insurance agent, broker, or other qualified professional.

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Services or Site or restrict your access to part of or the entire Site without notice or penalty.

There is no charge to you for use of the Site.

How We Make Money. CallMedicare.org (collectively, “This Website”) is an independent, advertising-supported website publisher that helps connect individuals with insurance providers and other affiliates to give consumers an opportunity to get information about health insurance and connect with insurance agents. This Website may earn revenue for leads, clicks, calls and applications generated, and may be compensated by its advertisers for sponsored products and services. This compensation may impact how, where and in what order products appear. This Website does not include all companies or all available products. This Website is not a broker or agent on the sale of insurance products.

Proprietary Rights. As between you and the Site Proprietor, the Site Proprietor owns, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Any commercial use or exploitation of the Site is strictly prohibited. You may view the content on the Site on your personal computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos without our separate express written agreement. Third party marks are the property of their respective owners.

User Submissions. In the course of your use of the Site, you may be asked to provide, or you may provide on your own inclination, information or materials to us (such information and/or materials referred to hereinafter as “User Submissions”). User Submissions include, for example, information you submit to us via your application to receive quotations (“Application Data”). User Submissions also include information and materials you submit to us via other on-line forms on the Site, by e-mail, or in any other manner via the Site. Our information collection and use policies with respect to the privacy of personal information (with the exception of testimonials, which may be used as set forth in Section 4, below) are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. Please read our Privacy Policy before submitting any User Submissions. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Submissions. We cannot be responsible for maintaining any User Submissions that you provide to us, and we may delete or destroy any such User Submissions at any time. We reserve the right to refuse to post or to remove any User Submissions, in whole or in part, that, in our sole discretion, are unlawful, unacceptable, undesirable, inappropriate or in violation of these Terms.

User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes; (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You agree to defend, indemnify and hold the Site Proprietor and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your misuse of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms.

Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, or Your access to or use of the Services shall be resolved exclusively by arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. You further agree that (1) the arbitration will be held in Los Angeles, California; (2) the arbitrator shall apply the laws of the State of California, without regard to its conflict of law principles to the contrary; (3) You waive any right to proceed in arbitration on a class or representative basis; (4) arbitration can resolve only claims between You and CallMedicare.org; (5) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (6) all parts of this clause are severable, meaning that if any part is deemed unenforceable, the remainder of the clause will remain in effect and construed in accordance with its terms.

DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.

LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.

Links from and to the Site. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

Applicable Laws. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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