(Date of Last Revision: June 19, 2020)
MedicarePlanFinder.com is not a government website and is not affiliated with any government agency.
ARBITRATION NOTICE: These Terms and Conditions of Use contain a binding arbitration agreement. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration.
Website Terms and Conditions of Use
2. Use License
To the best of its knowledge, MedicarePlanFinder owns or has the right to use all of the data, materials, software information, trademarks, service marks, text, images or other content contained on the Website (the “Content”). In connection with using the Website, we grant to you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access the Website and its Content. This license further gives you permission to temporarily download and/or print one copy of the Content on the Website for personal, non-commercial transitory viewing only. This license grant is not a transfer of title, and under this license you may not, except as expressly stated above:
- modify or copy the Content;
- use the Content for any commercial purpose, including without limitation for similar or competing services to those provided on the Website;
- distribute or publicly display the Content for any purpose (commercial or non-commercial);
- attempt to decompile or reverse engineer any of the Content (including software) contained on the Website;
- remove any copyright or other proprietary notations from the Content;
- transfer the Content to another person or “mirror” the Content on any other server; or
- otherwise use the Content in any manner or for any purpose that would constitute infringement of MedicarePlanFinder’s or its licensors’ intellectual property rights.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by MedicarePlanFinder at any time in its sole discretion. Upon terminating your viewing of the Content or upon the termination of this license, you must destroy any downloaded Content in your possession whether in electronic or printed format.
3. Communications with the Website and Use of Personal Data
By submitting your personal information through the Website, you agree that we may share such personal information with our affiliates and advocates and that such affiliates and advocates may contact you directly to market products and services to you. By choosing to submit or provide your personal information to us, you are authorizing MedicalPlanFinder, or one of its affiliates or advocates, to contact you about products and services through various communication methods including, live chat, email, phone call, pre-recorded messaged, and text messages. When you complete one of our forms or surveys on the Website or submit an information request, you acknowledge and agree that MedicalPlanFinder or one of its affiliates or advocates may contact you directly through one or more of the communications identified above.
4. Prohibited Activities
The following activities are expressly prohibited from the Website:
- using the Content included on the Website for any purpose not expressly authorized by these Terms and Conditions of Use;
- using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements;
- providing false, misleading, or fraudulent statements or content;
- engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Website;
- collecting personal information of other users of the Website without that user’s consent;
- engaging in activity that compromises the Website, including but not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware;
- engaging in any activity designed to impede the use of the Website by other users, including denial of service attacks, overloading and flooding;
- framing or deep linking into the Website; and
- accessing the Website by means of automated process, spiders, bots or similar device.
5. Federal and State Laws
The Website is operated from the United States. When using the Website, one the Website, or when using any Content, you must obey all applicable U.S.-based federal, state and local laws.
6. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT ALLOWED BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OR ON THE WEBSITE, THE WEBSITE, THE SERVICES PROVIDED THROUGH THE WEBSITE, AND THE CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY INFORMATION OR ADVICE THAT MAY BE GIVEN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF THE WEBSITE OR ITS CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, MEDICAREPLANFINDER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. MEDICAREPLANFINDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE WEBSITE, THE SERVICES ON THE WEBSITE, OR THE CONTENT ON THE WEBSITE OR OTHERWISE RELATING TO SUCH CONTENT, OR ANY CONTENT ON ANY THIRD PARTY SITES LINKED TO THIS WEBSITE. YOUR RELIANCE ON THE ACCURACY OF ANY CONTENT ON THE WEBSITE TO MAKE ANY PERSONAL, FINANCIAL OR OTHER DECISIONS IS AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT MEDICAREPLANFINDER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BY PROVIDING THE WEBSITE AND THE SERVICES AND CONTENT ON THE WEBSITE, MEDICAREPLANFINDER DOES NOT IN ANY WAY PROMISE THAT THE WEBSITE, SERVICES, AND CONTENT WILL REMAIN AVAILABLE TO YOU. MEDICAREPLANFINDER IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE WEBSITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.
STATEMENTS FROM THIRD-PARTY SITES MAY CONTAIN OPINIONS, VIEWPOINTS, ADVICE, OFFERS, OR OTHER THIRD-PARTY CONTENT. RELIANCE ON ALL SUCH THIRD-PARTY CONTENT IS AT YOUR OWN RISK AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD-PARTY SITES ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. MEDICAREPLANFINDER DOES NOT: (I) GUARANTEE THE ACCURACY, LEGITIMACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON A THIRD-PARTY SITE, OR (II) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY THIRD-PARTY OPINION, ADVICE, OR STATEMENT FROM A THIRD-PARTY SITE. UNDER NO CIRCUMSTANCES WILL MEDICAREPLANFINDER BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THIRD-PARTY STATEMENTS OR OTHER CONTENT ACCESSIBLE BY A LINK ON THE WEBSITE.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL MEDICAREPLANFINDER OR ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF OR ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE, OR THE SERVICES OR THE CONTENT ON THE WEBSITE, OR ANY HYPERLINKED THIRD PARTY SITE, EVEN IF MEDICAREPLANFINDER OR A MEDICAREPLANFINDER AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THE LIABILITY OF MEDICAREPLANFINDER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE WEBSITE OR THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE PRICE OF THE SERVICES YOU RECEIVED OR FIFTY DOLLARS ($50) .
You agree to indemnify, defend and hold harmless MedicarePlanFinder and its affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Website. Such acts may include but are not limited to: providing information to or communicating with MedicarePlanFinder or its affiliates, unauthorized use of Content or other material obtained through the Website, engaging in a prohibited activity, or any other action that breaches these Terms and Conditions of Use.
Any controversy or claim arising out of or relating to these Terms and Conditions of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Nashville, Tennessee, U.S.A.
10. Revisions and Errata
The Content appearing on the Website could include technical, typographical, or photographic errors. MedicarePlanFinder does not warrant that any of the Content is accurate, complete, or current. MedicarePlanFinder may make changes to the Content at any time without notice to you. MedicarePlanFinder does not, however, make any commitment to update the Content.
11. Third Party Site Links
The Website may contain links to other third-party websites or Internet locations controlled, owned, and operated by third parties (“third-party sites”). MedicarePlanFinder has not reviewed all of the third-party sites linked to the Website and is not responsible for the contents of any such linked site. All links to such third-party sites from the Website have been provided for your convenience. The inclusion of any link to a third-party site does not imply endorsement, sponsorship or approval by MedicarePlanFinder of the third-party site. MedicarePlanFinder has no control for the content or accuracy of the content of any such third-party site or location. Your use of any such linked third-party site is at your own risk, and MedicarePlanFinder expressly disclaims any responsibility for the content or results from your use of such third-party sites.
12. Website Terms and Conditions of Use Modifications
MedicarePlanFinder reserves the right to revise this Agreement, including the Terms and Conditions of Use, at any time without notice to you in its sole discretion. By using the Website, you are agreeing to be bound by the then current version of the Agreement, including the Terms and Conditions of Use. Accordingly, we encourage you to visit this section of the Website regularly to remain informed of any changes.
13. Governing Law
Any claim relating to MedicarePlanFinder or the MedicarePlanFinder Website shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions.
MedicarePlanFinder may freely assign its obligations and rights under these Terms and Conditions of Use, including all personal information in its possession which it has collected during your use of the Website.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and MedicarePlanFinder regarding the Website and supersedes and replaces any prior agreements/ communications between you and MedicarePlanFinder. If any portion of this Agreement is declared or held unlawful, invalid, or unenforceable, then such portion of the Agreement shall be replaced with a provision that is lawful having the closest effect to the unlawful provision, and will not affect the validity or enforceability of the remainder of the Agreement.
If you have any questions or comments about these Terms and Conditions of Use or this Website, please contact us by email at firstname.lastname@example.org.