Effective Date - 10/1/2023
BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE. YOU MUST READ AND ACCEPT THIS TOS BEFORE USING ANY SERVICE OR PRODUCT PROVIDED BY Medicare Guider.
This Terms of Service (“TOS” or “Agreement”) is a legally binding agreement made by and between Medicare Guider, its affiliates or subsidiaries (“we” or “us”) and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, you). This TOS governs your use of medicareguider.com and all related web pages, portals and interfaces (collectively, the “Web Site”) and the services we offer on the Web Site (“Services” ), so please read it carefully.
Your Acceptance of the TOS. This TOS is a contract between you and Medicare Guider. You accept this contract when you (a) use the Website; (b) use or attempt to use the Services; (c) sign, or submit your electronic signature to, this Agreement; and/or (c) otherwise sign any contract for the Services with us via other means. If you do not accept this Agreement, then you must not do any of these things. All offers on our Web Site or otherwise are void where prohibited by any applicable law or regulation. Eligibility: Except as expressly provided below, the Web Site may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the Web Site without the supervision of a parent or legal guardian. Your use of the Web Site will be deemed to be a representation that you are 18 years of age or older or using the Website with the permission of your parent or guardian. We require that all enrollments be made by individuals 18 years of age or older. The Site is meant for use by individuals residing within the United States only; others may not use the Web Site at this time.
1. Our Services: The Web Site provides tools and services to help you find insurance coverage or quotes for insurance coverage. Invitations for application for insurance on the Web Site are made through our own licensed insurance agency, or through other third-party partners. We do not guarantee any specific outcome from a provider, including that any policy for which you apply will be approved or considered for acceptance into any particular insurance program.
2. Pricing: While we make every attempt to publish current information regarding a variety of insurance offerings, such information is presented without guarantee or warranty. After selecting an insurance carrier, plan or other service provider, you will be taken to such party’s site where you can review the applicable terms and conditions.
3. Term & Termination: This Agreement shall become effective upon your acceptance of this TOS. Medicare Guider reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.
4. Changes to Terms: We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
5. Consent for Communications: By providing your telephone number(s) and/or calling Medicare Guider using contacts listed on medicareguider.com, you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages. Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services. We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services. You agree that automated calls or text (SMS) messages may be made to your telephone number(s) even if your number(s) is registered on any state or federal Do Not Call list. You agree to be contacted at any email or mailing address or telephone number that you or anyone acting on your behalf provides to us or that we obtain through other lawful means. For complete details on our use of your information, and how to opt out of receiving marketing communications, please see our Privacy Policy.
6. No Legal, Financial or Tax Advice Provided: No financial, legal, or tax advice or counsel is given, or shall be deemed to have been given by Medicare Guider, its affiliates or subsidiaries.
7. Indemnification: You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to the use of the Web Site or Services.
8. Limitation of Liability: Neither party shall be liable for any consequential, incidental, special or indirect damages (including, but not limited to, loss of profits, goodwill, use, data, or other intangible items) even if the other party has been advised of the possibility of such damages or losses. Medicare Guider’s liability hereunder shall in no event exceed an amount equal to the amount actually paid by you to us in the month prior to a claim under this section, regardless of the basis for the claim.
9. Warranties: Except as otherwise provided herein, THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE SITE WILL BE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE.
10. Choice of Law & Venue: This Agreement shall be governed by and construed according to the laws of the State of New York, without giving effect to normal choice-of-law and conflict-of-law principles. The parties agree that the State and Federal courts in New York shall have exclusive jurisdiction and venue over any legal dispute between the parties. The parties consent to such jurisdiction at this time. The prevailing party in any legal dispute between the parties shall be entitled to their reasonable attorney’s fees and court costs.
11. Survival: Any provision of this Agreement, which by its nature, would naturally survive the termination of this Agreement, shall expressly survive any termination.
12. Prohibited Conduct: In your use of the Web Site, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) attempt to obtain unauthorized access to the Web Site; (vi) engage, directly or indirectly, in transmission of spam, chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or the Web Site without their or our express written consent; (viii) submit false or misleading information to us; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Web Site; or (xii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
13. Third-Party Services: We may use third parties to provide certain services accessible through the Web Site and may provide links to third-party web sites. We do not control those third parties, their services, or their web sites. We will not be liable to you in any way for your use of such services or web sites. These third parties may have their own terms of use and other policies.
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