Last Modified: October 1, 2019.
Your Acceptance and Agreement
We provide a service where You can research and shop for various insurance and related products. We are not an insurance company. We introduce users to insurance and related products offered by third parties. DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT.
We reserve the right to change or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to You. You agree we will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service.
Who May Use the Service
may be allowed to browse our products without registering as a user, but in
order to purchase any product You must register for an account. When You
register for an account, You may be required to provide us with some
information about yourself, such as Your email address or other contact
information. You represent and warrant that the information You provide to us
is accurate and agree that You will keep it accurate and fully updated at all
times. When You register, You will be asked to provide a password. You are
solely responsible for maintaining the confidentiality of Your account and
password, and You accept responsibility for all activities that occur under
Your account, including any intrusion or breach caused by any third party using
Your account. If You have reason to believe that Your account is no longer
secure, You must immediately notify us at
Termination of Your Account
You may terminate Your account at any time by contacting customer service, including by emailing email@example.com.
Consent to Communications
IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU RECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED DURING THE CALL. TO OPT OUT OF SUCH TEXTS OR PHONE CALLS, YOU MAY ALSO EMAIL US WITH A REQUEST TO STOP RECEIVING SUCH TEXTS OR CALLS AT A SPECIFIED PHONE NUMBER. You understand and agree that You may: (i) continue to receive communications while we processes Your opt-out request, (ii) receive a communication confirming the receipt of Your opt-out request, and (iii) after opting out of receiving marketing messages, continue to receive certain non-marketing communications by email or to a non-wireless number, such as confirmations or updates related to Your account, insurance application or policy, or transactions through the Service. You may also manage Your communication preferences as set forth below.
Updating Your Contact and Account Information
You may correct or update Your contact information by contacting us at firstname.lastname@example.org or by mail at:
American Medicare Counselors
1998 Innerbelt Business Center Drive
St Louis, MO 63114.
If you have an account with us, You may also update Your name, email address, phone number (if part of Your account) and password by clicking on the “My Account” or “Log In” or similar link on this website and logging in using Your email address and password.
We may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others.
User Content – Definition
Certain features of the Service may permit users to upload content to the Service (“User Content”) and/or to publish User Content on the Service.
User Content – Representations and Warranties
are solely responsible for Your User Content and the consequences of posting or
publishing User Content. By posting or publishing User Content, You represent
and warrant that: (a) You are the creator and owner of the User Content, or
have the necessary licenses, rights, consents, and permissions to authorize
American Medicare Counselors and users of the Service to use and distribute
Your User Content as necessary to exercise the licenses granted by You in this
section, in the manner contemplated by American Medicare Counselors, the
infringe, violate, or misappropriate any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary right; (ii)
slander, defame, libel, or invade the right of privacy, publicity or other
property rights of any other person; or (iii) cause American Medicare
Counselors to violate any law or regulation.
User Content – License
By posting or publishing User Content, You grant American Medicare Counselors a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute Your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANYOR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review material before it is posted on Company’s website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If You believe that any User Content violate Your copyright, please email us at email@example.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Intellectual Property Rights
The Services and the contents, features, and functionality of the Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, 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.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by Your web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
By using the Service, you agree that you shall NOT at any time:
- post, upload, or distribute any
content (including by chatting with customer service) that is unlawful,
defamatory, libelous, inaccurate, or that a reasonable person could deem to be
objectionable, profane, indecent, pornographic, harassing, threatening,
embarrassing, hateful, or otherwise inappropriate;
- use the Service for any illegal purpose or act or in violation of any local, state, national, or international law;
- violate, or encourage others to
violate, any right of a third party, including by infringing or
misappropriating any third party intellectual property right;
- interfere with the operation of the
Service or any user’s enjoyment of the Service, including by: (a) uploading or
otherwise disseminating any virus, adware, spyware, worm, or other malicious
code; (b) making any unsolicited offer or advertisement to another user of the
Service; (c) attempting to collect personal information about another user or
third party without consent; or (d) interfering with or disrupting any network,
equipment, or server connected to or used to provide the Service, or violating
any regulation, policy, or procedure of any such network, equipment, or server;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying Your age or date of birth;
- interfere with security-related
features of the Service, including by: (a) disabling or circumventing features
that prevent or limit use or copying of any content; or (b) reverse engineering
or otherwise attempting to discover the source code of any portion of the
Service except to the extent that the activity is expressly permitted by
applicable law; and/or
- sell or otherwise transfer the
any right or ability to view, access, or use any Material;
use data mining, robots, or other data gathering devices on or through the Service;
If You provide payment information for purchasing or applying for a product, then You will pay the applicable company that provides such product and that payment shall be governed by the terms agreed upon by You and the applicable company.
Third-Party Services and Linked Websites
may provide tools through the Service that enable You to export information to
third party services. By using one of these tools, You agree that we may
transfer any such information to the applicable third-party service. Third
party services are not under our control, and we are not responsible for any
third party service’s use of Your exported information. The Service may also
contain links to third-party websites. Linked websites are not under our
control, and You agree we are not responsible for their content.
You hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit any input and suggestions regarding problems with or proposed modifications or improvements to the Service that your provide (“Feedback”) in any manner and for any purpose, including to improve the Service and create other products and services.
YOU AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EHEALTH COMPANY PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
The Materials are for informational purposes only. No Material is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Service. If You think You may have a medical emergency, call Your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, insurance coverage or other information that may be mentioned on the Service. Reliance on any information provided by the Company, its employees, or other visitors to the Service is solely at Your own risk.
Dispute Resolution and Arbitration
BY USING THE SERVICES YOU AGREE TO GIVE UP YOUR RIGHT TO USE THE COURTS to assert or defend Your rights under this contract. Your rights will be determined by an ARBITRATOR and NOT a judge or jury, and Your claims cannot be brought as a class action. Please review the sections below for the details regarding Your agreement to arbitrate any disputes with the Company.
No Class Actions
YOU AND COMPANYAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
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