Term of use
Last Updated: September 27, 2022
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. This Agreement limits our liability and the remedies available to you in the event of a dispute.
By accessing the Website, you are agreeing (on behalf of yourself and/or the entity that you represent) to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You represent and warrant that you have the right, authority, and capacity to enter into this agreement on behalf of yourself and/or the entity that you represent. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in the Website are protected by applicable copyright and trademark law.
2) Use License
a. Subject to this Agreement, MedicareGap (“MedicareGap”, “us”, “our”, and “we”) grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own non-commercial purposes. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, encumber, or host the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, and/or reverse compile or reverse engineer, any part of the Website; (c) you shall not access the Website to build or create a website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition or modification to the functionality of the Website shall be subject to this Agreement. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MedicareGap at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3) Update Mobile Telephone Number
If you opt in to receiving promotional text messages and calls from MedicareGap, you agree to provide MedicareGap with a valid mobile number. You agree to promptly update your mobile telephone number upon any change or deactivation of your telephone number and to opt-out of receiving text message communications using your previous phone number before changing your telephone number applicable to the services. To the extent permitted by applicable law, you agree that MedicareGap will not be liable for failed, delayed, or misdirected delivery of any information sent through the text message program, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
a. The materials on MedicareGap’s website are provided “as is”. MedicareGap 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. Further, MedicareGap does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site.
b. MedicareGap strives to bring you the information you need to make an informed decision about home services. We may provide you with information about different options and plans available, potential providers, and manufacturers so that you are able to find the solution that is right for you. The information on MedicareGap is general, and may not be applicable to specific companies.
c. By providing information about the various companies mentioned on the Website, MedicareGap makes no representation, express or implied, of any sponsorship by any such company, or of any other relationship with any such company.
The use of the Website and its contents are at your own risk. In no event shall MedicareGap or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MedicareGap’s Internet site, even if MedicareGap or a MedicareGap authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6) Revisions and Errata
The materials appearing on MedicareGap’s website could include technical, typographical, or photographic errors. MedicareGap does not warrant that any of the materials on its web site are accurate, complete, or current. MedicareGap may make changes to the materials contained on its web site at any time without notice. MedicareGap does not, however, make any commitment to update the materials.
MedicareGap has not reviewed all of the sites linked to its Internet website (“Third Party Links”) and is not responsible for the contents of any such Third Party Links. The inclusion of any Third Party Link does not imply endorsement by MedicareGap or the site. Use of any such linked web site is at the user’s own risk.
You hereby release and forever discharge MedicareGap (and its officers, members, employees, agents, affiliates, attorneys, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, fee, damage, cost, action, and cause of action of every kind and nature (including, but not limited to, personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates in any way to, the Website (including, but not limited to, any interactions with, or act or omission of, other users or any Third Party Links). IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, USA, YOU HEREBY WAIVE THE APPLICATION OF CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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.”
9) Trademark Information.
All trademarks, logos, and service marks (“Marks”) displayed in connection with the Website are MedicareGap’s property or the property of third parties. You may not use these Marks without MedicareGap’s prior written consent or the written consent of any third party that own the Marks.
11) Governing Law
Any claim relating to MedicareGap’s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The parties agree that the state courts sitting in New Castle County, Delaware, USA, and federal courts sitting within the District of Delaware, shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement and the parties waive any objection based on jurisdiction, venue, or inconvenient forum. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, MedicareGap shall be entitled to recover its reasonable attorneys’ fees and costs, including, but not limited to, expert witness fees, if MedicareGap is the prevailing party.
12) Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
a. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to this Agreement and your use of the Website shall be finally settled by binding arbitration administered by the JAMS Alternative Dispute Resolution (“JAMS”) in accordance with the provisions of its Commercial Arbitration Rules and of its supplementary procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, MedicareGap will pay the additional cost. The arbitration will be held in the United States county where you live or work, Jacksonville, FL, or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice to MedicareGap should be addressed to MedicareGap 822 A1A North, Ste 310, Ponte Vedra Beach FL 32082, Attention: General Counsel. Any notice to you shall be sent to your address as set forth in your MedicareGap account or such other legal address as MedicareGap is able to identify.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
b. Class-Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
c. Exceptions. Without first engaging in arbitration or the informal dispute-resolution process described above, either you or MedicareGap may assert claims, if they qualify, in small claims court in Jacksonville, FL or any United States county where you live or work; and MedicareGap may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Website or intellectual property infringement.
d. Thirty-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: MedicareGap 822 A1A North, Ste 310, Ponte Vedra Beach, FL 32082. The notice must be sent within 30 days of registering to use the Website; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out of these arbitration provisions, MedicareGap also will not be bound by them. If you opt out, all other parts of this Agreement will continue to apply to you.
13) General Terms and Conditions applicable to Use of a Website.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
14) Copyright Infringement
If you believe any materials on MedicareGap infringe your copyright you may submit a takedown request by contacting MedicareGap at privacy@MedicareGap.org.
a. A description of the work, the URL on MedicareGap.org where the material is located and the URL where the original work can be found.
b. Your contact details including name, address, phone number and if possible email address.
c. A statement in good faith that you believe the work to have been used without permission of the copyright owner.
d. A statement that the information provided is correct, and under penalty of perjury, that they are authorized to act on behalf of the copyright owner.
e. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
This Agreement constitutes the entire agreement by and between you and MedicareGap regarding the use of the Website. Any failure by MedicareGap to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MedicareGap’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. MedicareGap may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
If you are a resident of the State of California, USA, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.