Contact Us

Terms and Conditions

TERMS OF USE

Last Modified: 1/1/2023

These Terms of Use (“Terms”) apply to and govern your access to and use of any website, mobile site or app, social media site, software, applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned, operated, or provided by Health Market Solutions LLC (“Health”, “we”, “our” or “us”).

Health offers the Service, including all information, tools, services, goods, and products available through the Service, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Service or making any transaction, order or purchase. By making any transaction, order or purchase or by visiting or otherwise using our Service, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to our Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, then accessing the Service is strictly prohibited, and you must immediately exit.

By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside or, if you are not, that you have obtained parental or guardian consent. The Service is only offered and available to users who are at least eighteen (18) years of age or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT HEALTH MARKET SOLUTION’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY HEALTH MARKET SOLUTION AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

Accuracy of Information and Reliance on Information Posted

We built the Service to be a resource for consumers seeking to make health insurance and other healthcare purchase decisions. We provide search, comparison, and other tools to help consumers make smarter choices about their healthcare expenditures. Some of our customers may, in addition to browsing through our website, elect to ask us questions about the purchase of health insurance or healthcare products or services.

The information presented on or through the Service is made available solely for general information purposes, is not intended as a substitute for professional or financial advice, and should not be construed as the provision of professional advice or recommendations. Health attempts to ensure that information on this Service is complete, accurate, and current. However, despite our efforts, the information on the Service may occasionally be inaccurate, incomplete, or out of date. Thus, the Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on this Service, and you should not rely upon or use such information as the sole basis for making decisions or taking any action without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Service is strictly at your own risk. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service and to evaluate the accuracy, completeness, or usefulness of any content available through the Service. Always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or postpone seeking it because of something that you have read on the Service.

While Health provides you the opportunity to receive insurance quotations from insurance agent,  by using the Service you understand and agree that Health is not a insurance carrier and does not provide any of the insurance products or services advertised on the Service. We do not issue insurance contracts or bind coverage ourselves. 

We disclaim all liability and responsibility arising from any reliance placed on any materials or information by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Health, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Health. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Accessing the Service

We also reserve the right to withdraw or amend our Service at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users.

To access the Service, you may be asked to provide information about yourself. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to access or use this Service, including, but not limited to, through the use of any interactive features or webforms on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You also agree that you are the person described in the information you provide.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

Intellectual Property Rights and Ownership of Service

The Service and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by Health, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.

These Terms permit you to use the Service and Content for your personal, non-commercial use only. A limited, revocable, nontransferable license is granted to temporarily download one copy of the Content for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Health or its licensors. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by Health at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by Health.

Health owns and uses several trademarks on the Service and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of Health. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Linking to Our Service

Creating or maintaining any link to any page or portion of the Service, or running or displaying this Service or any Content in any format without Health’s prior written permission, is strictly prohibited. Any permitted links to this Service must comply will all applicable laws, rules, and regulations.

In the event you are permitted to link to this Service, you must also do so in a way that is fair and legal and complies with our Terms, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Service or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Health, a Health employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Health or users of the Service, or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  • Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Service.

Copyright Complaints and DMCA Copyright Agent

Health complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

DMCA Takedown Notices

Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, product images, or interactive responses to content, to be published or displayed on public areas of the Service (“User Content”). Be careful about giving out information in public areas of the Service. The information you share in public areas may be viewed by any user of the Service. We cannot control the actions of other users of the Service with whom you may choose to share your User Content.

Removing Your Information

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Health has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Health to determine the legitimacy of the signature and the identity of the signatory;
  2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Health to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
  4. Information reasonably sufficient to permit Health to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

Health Copyright Agent
Losey PLLC

1420 Edgewater Drive
Orlando, FL 32804

407-906-1605

dmca@losey.law

Please note if any notification of claimed infringement does not meet the above requirements, Health has no responsibility to respond to or act on any such defective notification of claimed infringement.

DMCA Counter Notification

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA.  It must include the following, which includes a certification made under penalty of perjury:

  1. Your physical or electronic signature, as well as information sufficient for Health to determine the legitimacy of the signature and the identity of the signatory;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in Middle District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

Any such counter notification must be sent to:

Health Copyright Agent
Losey PLLC

1420 Edgewater Drive
Orlando, FL 32804

407-906-1605

dmca@losey.law

Information Collected about You

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Geographic Restrictions

Health is based in the United States; as such, we provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its Content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SMS/MMS Mobile Messaging Program

Health offers a mobile messaging program in connection with its various services (the “Program”), where, by opting into the Program, you agree to these Terms and to receive marketing text messages from us directly. The Program is optional and not a condition of purchase of any goods or services.

The Program allows you to receive SMS/MMS mobile messages by voluntarily and affirmatively opting into the Program, such as through online or application-based enrollment forms. The messages we send to you include marketing messages. Service-related messages may include updates, alerts, and other information about the Service. Messaging frequency may vary. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase of goods or services from Health. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Health’s mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.

Data obtained from you in connection with the Program may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.

SMS/MMS Mobile Messaging Opt-Out. If you do not wish to continue participating in the Program, you agree to reply “STOP” to any mobile message from Health in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning Health’s services. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. For support regarding the Program, text “HELP” to the number you received messages from or email us at info@healthmarketsolution.com. Opt-outs should be submitted in accordance with the procedures set forth above.

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Health and the carriers are not liable for delayed or undelivered mobile messages.

We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”), Florida Telemarketing Act, and Florida Do Not Call Act. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, at the time of opt-in to Program, (1) your address, as provided, is located in that state or (2) the area code for the phone number used to opt-into the Program is an area code for that state. You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” (e.g., for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616)), “telephone solicitation” (e.g., for purposes of the TCPA and state laws such as the Utah Telephone and Facsimile Solicitation Act and Washington Commercial Telephone Solicitation Act), or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.

MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Disclaimers and Limitation of Liability

YOUR USE OF THE SERVICE IS AT YOUR RISK. THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICE.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. THE MATERIALS ON THE SERVICE MAY BE OUT OF DATE, AND HEALTH MARKET SOLUTION MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. HEALTH MARKET SOLUTION MAKES NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, HEALTH MARKET SOLUTION HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. HEALTH MARKET SOLUTION MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

ADDITIONALLY, IN NO EVENT WILL HEALTH MARKET SOLUTION, ITS RESPECTIVE MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY INFORMATION OR MATERIALS ON THE SERVICE, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. MOREOVER, IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE PRODUCT THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURN POLICY POSTED ON THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Health and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Service (c) your violation of any law or the rights of a third-party, and (d) the acts or omissions of any other user or third-party. If you fail to promptly indemnify and defend a covered claim, Health shall have the right to defend itself, and in such case, you shall promptly reimburse Health for all of its associated costs and expenses. Health reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

Arbitration, Choice of Law, and Venue

Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be submitted to and settled exclusively by binding arbitration, in accordance with the provisions of this section, subject only to any applicable requirement of law that you and Health engage in a preliminary, non-binding mediation or arbitration. Binding arbitration shall be conducted in accordance with the American Arbitration Association’s rules (the “AAA Rules”). Arbitration shall be held in Orange County, Florida, and shall be held before an arbitrator selected pursuant to the AAA Rules who shall have no personal or pecuniary interest, either directly or indirectly, from any business or familial relationship with either you or us. The arbitrator(s) shall be bound to adjudicate all disputes in accordance with the laws of the State of Florida and all decisions of the arbitrator will be final, binding, and conclusive on you and Health. Either you or Health may seek confirmation of the arbitration award in the Florida state courts in and for Orange County, Florida, and both parties hereby consent to the exclusive jurisdiction and venue of the Florida state courts in and for Orange County, Florida in any claim or action arising under this arbitration provision.

YOU AND WE ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL. ADDITIONALLY, UNLESS YOU AND WE AGREE OTHERWISE, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.

All costs and expenses, including reasonable attorneys’ fees and experts’ fees, incurred by you or Health in any dispute that is determined and settled by arbitration or some other proceeding pursuant to these Terms shall be borne by the party determined to be liable in respect to such dispute; provided, however, that if complete liability is not assessed against only one party, then you and Health will share the total costs in proportion to their respective amounts of liability so determined. Except where clearly prevented by the area in dispute, you and we agree to continue performing their respective obligations under these Terms until the dispute is resolved.

If it is determined that arbitration is not permitted, has been waived, or is otherwise unavailable, then the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms shall be an appropriate state or federal court located in Orange County, Florida. You and Health hereby submit to the personal jurisdiction of the State of Florida and the jurisdiction and venue of said courts. You and Health further agree that the laws of the State of Florida, without regard to the principles of conflict of laws, shall govern these Terms and any dispute, claim, or controversy that has arisen or may arise related to these Terms. This paragraph shall not be read to conflict with the mandatory arbitration provision.

Additional Terms

The failure of Health of any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Health regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.

By accessing the Service, you agree that the laws of the United States and the state of Florida without regard to conflicts of laws principles, will apply to these Terms and all matters relating to the Service.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Orange County, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Service, or these Terms, or other transactions or relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may provide you information regarding your account and the Service in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.

Menu

About

  • © 2024 Health Market Solutions LLC, All Rights Reserved.