MEDICARECOMPARISON.COM TERMS OF SERVICE
Effective January 19, 2022
1. INTRODUCTION
Welcome to MedicareComparison.com. Digiventures Holdings LLC d/b/a MedicareComparison.com (“Company“) recommends that you read the following terms and conditions carefully. By accessing or using the MedicareComparison.com website, including any software or mobile applications made available by Company (together, the “Website“), however accessed or used, you agree to be bound by these terms (the “Terms of Service” or the “Agreement“).
If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Website, and you must immediately cease accessing or using the Website.
These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 17 (Dispute Resolution) for full details.
2. HOW THE WEBSITE WORKS
MedicareComparison.com provides you with access to information and offers regarding insurance (each, an “Insurance Quote”).
Company is a licensed insurance agency. See Section 6 below for more information on Company’s licenses. In some instances, the Insurance Quotes will be provided by Company’s licensed insurance agents.
In other instances, Company may connect you with third-party insurers, brokers, agents, and other service providers (collectively, “Third-Party Providers”) to assist you in finding the right Insurance Quote for you, where available. Third-Party Providers are third parties that are not affiliated with Company and have their own contracts, rules, cancellation policies and fees, and so forth as discussed more fully below. Company is not acting as an insurance agent or broker for Third-Party Providers and does not make any underwriting, policy, or credit decisions on behalf of or in conjunction with Third-Party Providers. Company does not endorse or recommend the Insurance Quotes of any particular Third-Party Provider. At times, Company and/or a Third-Party Provider may require additional information or documentation from you before it is able to provide an Insurance Quote.
You will be contacted about your Insurance Quote(s) by phone, text message or email at the numbers and addresses you provide to us. This is true even if you have registered your phone number with a federal or state Do Not Call list. Company understands it can be annoying to continue to receive communications about Insurance Quotes after you have already found the right one. If you want to stop receiving communications about Insurance Quotes from Company or a Third-Party Provider, you can:
- Click on the “unsubscribe” link in any email communication;
- Reply “STOP” to any text message communication; and/or
- Tell the customer service agent on any phone call that you would like to be placed on the Do Not Call list for Company or the Third-Party Provider.
Importantly, Company cannot and does not guarantee that it will find an acceptable Insurance Quote for you. Certain factors, including those outside of Company’s control, may make you ineligible for an Insurance Quote from Company’s agents or its Third-Party Providers.
3. SEPARATE INSURANCE PLAN
This Agreement applies to your use of the Website only. If you accept an Insurance Quote and enroll in an insurance program, whether through Company or a Third-Party Provider, the terms of your insurance will be governed by a separate written agreement, terms and conditions, exemptions and/or other rules and restrictions (in each event, a “Insurance Plan”), which will include important details regarding your coverage, coverage period, deductibles, co-pays, and so forth. If you purchase any Insurance Plan, the terms of which are deemed to conflict with these Terms of Service, then the terms of the Insurance Plan shall govern as to your insurance and insurance coverage and the terms of this Agreement shall govern as to your use of and transactions with the Website.
4. PRIVACY POLICY
By using the Website, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and Company’s Privacy Policy (the “Privacy Policy“), which is incorporated into this Agreement by reference. The Privacy Policy is available at https://www.MedicareComparison.com/privacy-policy/. Company encourages you to frequently check the Privacy Policy for changes.
5. ELIGIBILITY
By accessing and/or using the Website, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
6. PLANS AND PREMIUMS
Plans
The Website and your Insurance Quote(s) may contain information about insurance plans. This information is not a complete description of benefits. Contact the plan for more information. Limitations, copayments, and restrictions may apply. Benefits may change on January 1 of each year.
Premiums
Premiums provided on the Website are estimates only and are subject to change without notice and/or due to your personal qualifications. Listed premiums do not include any applicable taxes or fees that may be applicable to your Insurance Plan. Premiums and/or copayments/coinsurance may change on January 1 of each year.
7. SOLICITATION OF INSURANCE; NO AFFILIATION WITH U.S. GOVERNMENT
The purpose of this Website is to provide you with an Insurance Quote. The purpose of this communication is the solicitation of insurance. Contact will be made by an insurance agent/producer or insurance company.
This information is not a complete description of benefits. Contact the plan for more information. Limitations, copayments, and restrictions may apply. Benefits, premiums, and/or copayments/coinsurance may change on January 1 of each year.
Medicare supplement plans are not connected with or endorsed by the U.S. Government or the federal Medicare program. The Centers for Medicare and Medicaid Services (CMS) does not review or approve Medicare Supplement plan information.
8. CHANGES TO TERMS AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. Company reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you (including by posting a new version, or, if the change is significant, sending you a change notice). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing the Website.
9. LICENSE
Subject to your compliance with these Terms of Service, Company grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Website. No part of the Website may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company. Without limitation, this Agreement grants you no rights to the intellectual property of Company or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement.
10. NO RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available through the Website by third parties, including Third-Party Providers and/or other users, are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. Company does not: (a) guarantee the accuracy, completeness, or usefulness of any third party information accessible on or through the Website; or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Website. Under no circumstances will Company be responsible for any loss or damage resulting from your reliance on information or other content posted through the Website transmitted to or by any third party.
11. THIRD-PARTY WEBSITES
The Website may be linked with the websites of third parties (“Third-Party Websites“), some of whom may have established relationships with Company and some of whom may not. Company does not have control over the content and performance of Third-Party Websites. Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third-Party Websites. Accordingly, Company does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. Company disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
12. PROHIBITED CONDUCT
Company imposes certain restrictions on your use of the Website. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to Company or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Website; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from Company, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on Third-Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another’s) business, or causing others to do so; or (m) paying anyone for interactions on the Website.
13. INTELLECTUAL PROPERTY
You represent and warrant that, when using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
Trademarks
MedicareComparison.com and the MedicareComparison.com logo(s) (collectively, the “Company Marks“) are the trademarks of Company. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties, including without limitation Third-Party Providers. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Website will inure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company Marks.
Copyrights
All content and other materials available through the Website, including without limitation the Company logo, photographs, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Company or are the property of Company’s licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.
14. USER CONTENT
From time to time, we may allow you and other users to post reviews, comments, ratings, and other content (“your Content”) to the Website. With respect to your Content, you are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of “spam” messages, or otherwise violates the Prohibited Conduct section above. If you do one of these things, we may remove your Content—but we have no obligation to do so and we do not review user content as a matter of practice.
License to Display Your Content
You are always the owner of Your Content; however, Company requires the following license from you in order to be able to display your Content on the Website as expressly permitted by you—for example, to make your review visible to others:
You grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.
Reviews and Comments
With respect to any reviews or comments provided by you to Company as part of your Content, you represent and warrant that such reviews or comments are true and accurately represent your experience with an Insurance Quote or Insurance Plan initiated through the Website.
Indemnification
You are responsible for your Content and, as such, you agree to defend, indemnify, and hold harmless Company from and against any and all claims, actions, demands, causes of action, and other proceedings including but not limited to legal costs and attorneys’ fees, arising out of or relating to your Content.
Other Users’ Content
Company respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA“).
If you believe content located on or linked to by the Website violates your copyright, please immediately notify us by emailing us a DMCA takedown notice (“Infringement Notice“), providing the information described below. If Company takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available at the most recent email address that party provided to us.
Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Website infringes your copyright, you should first contact an attorney.
The DMCA requires that all Infringement Notices must include the following: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyright claimed to have been infringed; (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Company to find and positively identify that material; (d) your name, address, telephone number, and email address; and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to [email protected] with the subject line “DMCA Notice”.
Company will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
15. ASSUMPTION OF RISK; RELEASE
You knowingly and freely assume all risk when using the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties“) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website.
16. DISCLAIMERS, LIMITATION OF LIABILITY
No Warranties
Company, on behalf of itself and its licensors and suppliers (including, without limitation, Third-Party Providers and insurance providers), expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Company nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. Company disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Company, Company Parties, or Company users, or their agents or representatives.
Limitation of Liability
In no event shall Company or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Company or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Company and you. The Website would not be provided without such limitations.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Company or between you and any of Company’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
17. INDEMNIFICATION
Without limiting any indemnification provision of this Agreement, you (the “Indemnitor“) agree to defend, indemnify, and hold harmless Company and its owners, parents, subsidiaries, affiliates, contractors, Third-Party Providers, and third-party vendors (collectively, the “Indemnitees“) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim“, and collectively, “Claims“), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Company, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement or any Insurance Plan, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website or any Insurance Quote; or (iv) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnitees.
18. DISPUTE RESOLUTION
Choice of Law; Venue for any Judicial Proceeding
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Delaware, and shall be governed by and construed in accordance with the laws of Delaware without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
Without waiving and subject to the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to New Castle County, Delaware (a “Court of Competent Jurisdiction”). The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
Binding Arbitration
If you and Company cannot resolve a dispute or other Claim through negotiations, either party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.org) under the Streamlined Rules. This arbitration agreement is reciprocally binding on you and Company. All remedies available to the parties under applicable federal, state or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless waived by you, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against Company, the only fee you are required to pay is $250, and all other arbitration costs (including any remaining JAMS Case Manage Fee and all professional fees for the arbitrator’s services) shall be borne by Company. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless of the outcome of the arbitration, you and Company will each pay their own attorneys’ fees and costs. The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
Restrictions Against Joinder of Claims
You and Company agree that any arbitration shall be limited to each Claim individually. You and Company agree that each may only bring claims against the other in your or Company’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures.
You acknowledge that without this provision, you would have the right to participate in class actions.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or Company from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction.
19. TERMINATION
By Company
Without limiting any other provision of this Agreement, Company reserves the right to, in Company’s sole discretion and without notice or liability, deny use of the Website to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by Company.
By You
You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Company written notice of your intention to do so.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Upon termination, Company may, but has no obligation to, in Company’s sole discretion, rescind any services and/or delete from Company’s systems all your personal information and any other files or information that you made available to Company or that otherwise relate to your use of the Website. Upon termination, you shall cease any use of the Website.
After termination, Company reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with your Internet Website Provider.
Survival
Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement, along with any outstanding payment obligations incurred by you as of the date of Termination: Sections 2, 3, 5, and 9–20.
20. NOTICES
All notices required or permitted to be given under this Agreement must be in writing. Company shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Company. You agree that any notice received from Company electronically satisfies any legal requirement that such notice be in writing. You shall give any notice to Company by submitting said notice to us at [email protected].
21. GENERAL
Entire Agreement. This Agreement constitutes the entire agreement between Company and you concerning your use of the Website.
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Company, or by the unilateral amendment of this Agreement by Company along with the posting by Company of that amended version.
No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractors. You and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Third-Party Providers, Company Parties, Indemnitees, and Company’s licensors and suppliers (to the extent expressly stated in this Agreement).
Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by you would cause irreparable injury to Company and Company’s licensors and suppliers, and would therefore entitle Company or Company’s licensors or suppliers, as the case may be, to injunctive relief.
Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.
