The following terms and conditions (the "Terms of Service") govern your use of the services offered through Medicare SeniorSavings (collectively, the "Site"). By accessing using this Site, including but not limited to, submitting of a request for quotes through the Site, by calling our toll free number, initiating a request for us to contact you by telephone, or through any other means we might make available, you are consenting and agreeing to these Terms of Service. If you do not agree to these Terms of Service, you should exit the site immediately and not use the site in the future. The terms “we,” “us,” or “Medicare SeniorSavings” refer to Medicare SeniorSavings and its subsidiaries and affiliates.
Medicare SeniorSavings provides you the opportunity to receive insurance quotations from our network of insurance agents, brokers, carriers, and other insurance service providers. Once you provide us with the information required on our form, we attempt to match you with appropriate insurance agents, brokers, carriers or other service providers who can provide you with more information. We are not an insurance agent or insurance carrier, and hence, we do not issue insurance contracts or supply coverage ourselves, nor do we endorse or recommend any company or specific type of insurance policy. While we may advertise such services, we do not provide insurance, tax or financial advice of any kind. 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, and disclaim all liability for the conduct of the insurance agents, brokers, discount program representatives and companies that are matched with your insurance application. The coverage provided by any service provider will be subject the terms and conditions of the insurance policy under which it issued, and we have no control over such terms and conditions.
Accessing our Site
You may only use the Site if you live in the United States and are at least 18 years old. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site, without notice or penalty. Each user is solely responsible and liable for his or her transmissions through this Site. Medicare SeniorSavings does not charge users for use of the Site.
You agree that you may not use the site: 1. In any manner that is prohibited by law or regulation, or to facilitate a violation of any law or regulation; 2. To violate, plagiarize, or infringe on the intellectual property, contractual or privacy rights of any person in connection with any use of the Site; 3. To transmit unlawful, fraudulent, offensive, obscene, pornographic, abusive, threatening, discriminatory or otherwise obscene material, or to encourage conduct that would give rise to civil liability.
You agree that you will not impersonate Medicare SeniorSavings personnel or other persons or entities or use any electronic mail message, device, software or programming routine that may impair or interfere with the operation of this Site.
You agree that you are solely responsible for all activities that occur using your password/passphrase or account. You agree that Medicare SeniorSavings and its employees may have access to your account and records as reasonably necessary to investigate complaints and maintain the Site in general.
User Data; Consent to Contact
By providing your contact information to us through the Site, you are consenting to receive communications from us directly, on our website or through a third party. We may periodically send you newsletters and other e-mails with offers and promotions. We may also contact you by telephone using an automated dialing system along with a pre-recorded message or interactive voice response system. If you no longer wish to receive these communications, please let us know by sending an email to Medicare SeniorSavings Customer Care at email@example.com. You may also opt-out by clicking on the unsubscribe link in our emails.
In addition, by submitting a request for quotes through the Site, you consent to be contacted by the service providers in our network via email or telephone. Once your information is submitted to these service providers, any request to opt-out or unsubscribe from their communications must be made directly through such service providers.
Exclusive Ownership of Rights
The Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by intellectual property laws in all applicable jurisdictions. You acknowledge and agree that information and materials presented through the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, in whole or in part. Any commercial use of this Site, or any portion thereof, is strictly prohibited.
Medicare SeniorSavings grants you a personal, non-transferable and non-exclusive right and license to use the Site on a computer or other Internet device; provided that you do not (and do not allow any third party to) copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Site. You agree not to modify the Site in any manner or form, nor to use modified versions of the Site for any purpose. We do not grant any license or other authorization to any user to use our trade names, trademarks, service marks or other marks or logos or those of our partners without our separate express written agreement. Third party marks are the property of their respective owners.
Any questions, comments, suggestions, or materials submitted to us through the Site will become our sole property. We will own all rights in such materials, and have the unrestricted right to use, publish and otherwise disseminate such information for any purpose, without attribution or compensation.
DISCLAIMER OF WARRANTIES
The information and services on this Site are provided "as is" and use of this Site is at your sole risk. Medicare SeniorSavings makes no representations or warranties that the Site will be suitable for your needs, is complete, timely, reliable, or free from errors, inaccuracies or typographical mistakes. Medicare SeniorSavings disclaims ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Medicare SeniorSavings OR ANY OF OUR 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 AND THE SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISIDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USE OF THE SITE.
Links from our Site
Medicare SeniorSavings provides links to other sites for informational purposes only. We have no responsibility for the accuracy or availability of information provided by other sites to which you may link from the Site. The availability of these links does not constitute an endorsement of, or association with, such sites or the content, products, advertising or other materials presented on such 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 your use of or reliance on any content, goods or services available on such sites.
These Terms of Service are subject to change from time to time and at any time, and such changes will be effective upon posting to the Site. Use of the Site following any modifications to the Terms of Service signifies your acceptance of such modifications.
The Site and these Terms of Service are governed by the laws of the State of California without giving effect to any principles of conflict of laws. If any provision of these Terms of Service shall be held to be invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired. By using this Site, you hereby submit to the jurisdiction of and agree that all claims and disputes arising out of your use of this Site or all other disputes arising out of services provided by Medicare SeniorSavings, Affiliates and all Entities who may purchase such User Data, shall be submitted to and resolved by binding arbitration in Los Angeles, California pursuant to the rules of the American Arbitration Association, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Medicare SeniorSavings may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or Medicare SeniorSavings pending the completion of arbitration. 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. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Class Action Waiver
You hereby agree to refrain from and waive all rights to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person’s User Data. Upon the date of submission of your User Data, you shall have thirty (30) days to opt-out of this arbitration agreement. After thirty (30) days these terms of this Section hereby become final and binding.
Updated October 2017