Last Updated: October 1st, 2014
3. MATCHING TOOLS AND SERVICES
Although Medigap.com is compensated by its network of Insurers when we display advertisements for their products to you and/or when you respond to a quote or offer for insurance or another product from a Insurer on our Website, Medigap.com is not a provider of insurance, is not acting as an Insurer or broker, and does not make any decisions in connection with the underwriting or offering of any insurance products. Any compensation from Insurers is payment for Medigap.com’s services, tools and facilities. Your use of the Website and/or Medigap.com’s services constitutes your agreement with this compensation arrangement.
Medigap.com does not endorse or recommend the products of any particular Insurer. Nor is Medigap.com an agent of you or any Insurer. Our services are only administrative. You should rely on your own judgment in deciding which available insurance policy or other product, terms and Insurer best suits your needs and financial means. The Insurer is solely responsible for its products and services, and you agree that Medigap.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services. You understand that Insurers may keep your insurance request information and any other information provided by Medigap.com or received by them in the processing of your request, whether or not you are qualified for insurance with them or if you obtain insurance from them. You agree to notify any particular Insurer directly if you no longer want to receive communications from them. Medigap.com is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.
The Website and the products and services provided or advertised on the Website may not be available in all states, and the availability of such services and the products offered on the Website may change from to time without notice. Insurers are not attempting to offer insurance outside of their authorized states or country by participating in and offering their products on the Website. Insurers may discontinue, suspend or terminate the offering of any insurance or other product in any specific state through the Website at any time, without prior notice.
The data and other information you may provide Medigap.com is not, and is not treated as, an application for insurance or a request to be pre-approved, pre-qualified or any similar concept. Medigap.com does not guarantee acceptance into any particular insurance program or specific terms or conditions with any Insurer; insurance approval standards are established and maintained solely by individual Insurers. Likewise, Medigap.com does not guarantee that the insurance terms or rates offered and made available by Insurers are the best terms or lowest rates available in the market. An Insurer’s offer may be subject to market conditions, approval and qualification (including review of your driving record). The rates and fees actually provided by Insurers may be higher or lower depending on your complete profile and other considerations used by Insurers, such as your driving record. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for an insurance commitment or a rate lock-in agreement. Insurers may not offer all products as well as not offer products in all states. You might not be matched with the Insurer making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Insurers may obtain, verify and record information that identifies each person who applied for or obtain insurance from them. For example, they may ask for your name, Social Security Number or driver’s license number, address, date of birth, and other important information, that will allow proper identification of you. During the Insurer application process, they may also ask to see additional information. Medigap.com does not charge you a fee for its service in matching you with Insurers.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for quotes or any other submission (“submission”), you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to Medicare supplemental insurance or another product through Medigap.com to each of the Insurers to whom your request is transmitted. By including your telephone number in any submission, you are extending an express invitation to each Insurer you have been matched with (i) to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, whether it be State, Federal or otherwise, or (ii) to contact you by email at any email address you provided (in this case, any such email from an Insurer will not be considered spam or unauthorized by any local, state or federal law or regulation). For any service, you represent that all of the information you have provided in your submission is true and complete.
Medigap.com seeks to provide you multiple insurance quotes through its network of unaffiliated Insurers. By submitting information on an insurance request form or similar form, you authorize us to provide such information to Insurers in our to help you complete your request. Additionally, by submitting a request for insurance, you authorize the Insurers to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties.
To determine which Insurers may be matched with you, Insurers provide to us criteria about the type of insurance and the type of customer (for example, state of residence) in which the Insurer is interested. Medigap.com will provide your information to Insurers whose criteria match your profile. Where it is discovered that you do not meet certain Insurers’ criteria or you do not qualify for their products, you also authorize us to provide your information to other Insurers whose criteria match your profile and whose products we feel might be of help in completing your request.
4. PROPRIETARY RIGHTS AND LICENSES
You are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use and display the contents of the Website on a single computer solely for your personal use (and not for commercial resale or redistribution) to find Medicare supplemental insurance and other products or services featured on the Website. All other rights are hereby reserved. “Medigap.com” and the Medigap.com logo are service marks owned by Excel Impact. Other product and company names mentioned herein, including the names of Insurers, may be the trademarks of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of Medigap.com or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Medigap.com, the Insurers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks.
The Website contains copyrighted material, trademarks and other proprietary information of Medigap.com and/or its Insurers, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. Medigap.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the content, in whole or in part. Nor may you reverse engineer, decompile or disassemble, or make any derivative works based on, the Website or the software or technology used in the Website (including any customization, translation, or localization). Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material from the Website will be permitted without the express written permission of Medigap.com and the copyright owner (if different from Medigap.com). Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
We grant you a revocable right to create a link to the home page of this Website. You will not state or imply that you or any website on which you place such a link, or any of its pages, are endorsed by, sponsored by or affiliated or associated with this Website or Medigap.com. Nor may you make any representations or warranties, express or implied, with respect to this Website or any products or services available hereon, or any statements that are inconsistent with the Agreement.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
Medigap.com intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Medigap.com at any time. Under no circumstances will Medigap.com be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” Medigap.com AND/OR ITS INSURERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, FREEDOM FROM VIRUSES AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR Medigap.com’s SERVICES IS AT YOUR OWN RISK. Medigap.com AND/OR ITS INSURERS AND SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR Medigap.com’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE (INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE), OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Medigap.com AND/OR ITS INSURERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
As a condition of use of the Website and/or Medigap.com’s services, you agree to indemnify Medigap.com and its affiliates, suppliers and Insurers, and its and their respective members, managers, directors, officers and employees, from and against any and all liabilities, expenses (including reasonable attorneys’ fees), claims and damages arising out of your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of the Agreement.
7. LINKS TO THIRD-PARTY WEBSITES
The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Medigap.com does not operate or control in any respect any information, software, products or services available on such websites. Medigap.com’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Medigap.com is not responsible for the accuracy or content of the information provided by any third-party website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of technologies or programs available through that website.
8. DISPUTE RESOLUTION
The Agreement shall be treated as though it were executed and performed in the State of Delaware and shall be governed by and construed in accordance with the laws of the United States of America and State of Delaware (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement, the breach of same by any party hereto, THE WEBSITE or any products or services provided by Medigap.com, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration or to protect ITS INTELLECTUAL PROPERTY. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Medigap.com, its affiliates and/or their respective employees, officers, directors, members, managers, shareholders, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorneys’ fees and court costs that Medigap.com incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement and does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. If any provision contained in the Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original meaning of the severed provision while conforming to applicable law, and the remaining provisions of the Agreement will remain in full force and effect. Should a dispute arise between the parties and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Medigap.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state of Delaware. If either party employs attorneys to enforce any right in connection with a dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
9. WEBSITE PROVIDED FROM THE UNITED STATES
10. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites) constitutes the entire agreement between you and Medigap.com with respect to the Website and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Medigap.com with respect to the Website and information, software, products and services associated with it. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All terms of the Agreement shall survive any termination hereof, except for those terms (like licenses) that are revocable or, by their context, are not intended to survive termination.
We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers or other third parties, or any other similar conditions beyond our reasonable control. You agree that no joint venture, partnership, employment or agency relationship exists between you and Medigap.com or any of our affiliates as a result of this Agreement or your use of the Website. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Website or sending an e-mail to you at any e-mail address you have on file with us. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: Excel Impact, LLC, 445 W. Liberty St. #215, Medina, OH 44256. All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in the section entitled “Copyright and Other Intellectual Property Infringement” below. If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, then contact us through the “Contact Us” form on the Website.
This Agreement is not assignable by you, except by operation of law; Medigap.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
11. Copyright and Other Intellectual Property Infringement
As Medigap.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do so. If you are a copyright owner or an agent thereof and believe that any third-party content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Website are covered by a single notification, a representative list of such works at those locations;
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 Medigap.com to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Medigap.com’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, address: 445 W. Liberty St. #215, Medina, OH 44256. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Medigap.com customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
In the event that you believe Medigap.com removed any of your content in response to a false notice of copyright infringement, you should notify Medigap.com promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, Medigap.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion.
Medigap.com has a policy of terminating the account of, or denying access or use of the Website to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others.
If you believe that any of your intellectual property rights other than copyrights have been infringed (for example, if you believe that any product listed on the Site is infringing your trademarks), please e-mail Medigap.com at info@Medigap.com. Medigap.com reserves the right, in its sole and absolute discretion, to suspend or terminate the account of any user who infringes the intellectual property rights of Medigap.com or others, and/or to remove, delete, edit or disable access to such person’s User Content. Medigap.com shall have no liability for any action taken pursuant to this Section.