TERMS OF USE

DESCRIPTION

The following Terms of Use (the “Terms of Use”) govern your use of the medicareplanforme.com site (the “Site”). The Site is made available by Calibrant Digital. (the “Owner”, “we” or “us”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to the Terms of Use, you may not access or otherwise use the Site. We may change the Terms of Use at any time and from time to time, without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms of Use, you agree to be bound by any such modifications to the Terms of Use.

 

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

SERVICES AVAILABLE ON THE SITE

The Site provides a service by which consumers can apply to receive insurance or discount program information from our network of insurance companies, agents, brokers, discount program representatives and other third party companies (“Third Party Companies”). We seek to provide valuable information that individuals can use to make their own decisions about insurance and discount programs. Once you voluntarily provide us with the information requested, we will attempt to match you with appropriate Third Party 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 Third Party Companies to whom we forward your Information, as defined in our Privacy Policy, you voluntarily provided to us, will contact you or agree to provide you with the information you requested. We are not responsible in any way for the conduct of the Third Party Companies to whom the Information is forwarded.

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

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

PROPRIETARY RIGHTS

The Owner is the sole and exclusive owner of all right, 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, as well as applicable state laws and may be subject to liability for such unauthorized use.

USER CONDUCT

You represent and warrant that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (i) are unlawful, threatening, harassing, profane, tortious, 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), or are invasive of another’s privacy or are hateful; (ii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (iii) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

 

You also represent and warrant that you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes; or (iii) attempt to gain unauthorized access to other computer systems through the Site.

 

You further represent and warrant 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 Owner 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 your representations, warranties and agreements, the law or of this Terms of Use.

EDITING, DELETING, AND MODIFICATION

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site at anytime.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our principals, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Site Terms or misuse of the Site.

ARBITRATION OF DISPUTES

In the event of a dispute involving the Information you entered on the Site, we, agree and give consent to you to arbitrate said dispute with anyone who purchases the Information before a single arbitrator under the current rules of the American Arbitration Association. You therefore agree not to participate in a small claims filing, class action, class-wide arbitration, claim brought in a representative capacity, or consolidated claims involving another person’s Information if we or a purchaser of the Information is a party to the proceeding.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS”, AND “AS AVAILABLE”, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR 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 YOUR 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 OF YOUR INFORMATION; YOU SHOULD RETAIN ALL SUCH INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE INFORMATION IS LOST.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE OWNER OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR ANY THIRD PARTY COMPANIES (COLLECTIVELY, THE “PROTECTED PARTIES”) 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. IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF YOU OR ANY 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 and is not intended to subject us to non-United States jurisdiction or laws. We do not represent that materials on the Site are appropriate or available for use in other countries. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, rules and regulations if and to the extent local laws are applicable.

MISCELLANEOUS

The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree that any cause of action that may relate to the use of the Site or the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county and State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, we and you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or it shall be forever barred.