CLIENTS By using the Internet site located at Healthbenefits365 Medicare (the "Site") or
any services provided in connection with the Site (the "Service"), you agree to abide by
these Terms of Use, as they may be amended by Healthbenefits365 Medicare (the "Company"),
from time to time in its sole discretion. Company will post a notice on the Site any time these
Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms
of Use periodically, and if at any time you find these Terms of Use unacceptable, you must
immediately leave the Site and cease all use of the Service and the Site.
BY USING THIS SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO
ENTER INTO THIS AGREEMENT.
PRIVACY POLICY. The Company respects your privacy. A complete statement of Company's current privacy
policy can be found on the bottom of Healthbenefits365 Medicare. The Company's privacy policy is
expressly incorporated into this Agreement by this reference. By providing information to Company
through the Site of Services, you provide your affirmative consent that Company may collect, use,
and disclose any information submitted or collected through the Site or Services, that Company may
contact you via any contact method you provide, including email and telephone, that Company may
disclose your contact information to third-parties, and that such third-parties may contact you via
commercial email, telephone, or any other communication method.
REGISTRATION. If you are required to open an account to use or access the Site or Service, you must
complete the registration process by providing the complete and accurate information requested on
the registration form. You will also be asked to provide a user name and password. You are entirely
responsible for maintaining the confidentiality of your password. You may not use the account,
username, or password of someone else at any time. You agree to notify Company immediately on any
unauthorized use of your account, user name, or password. Company shall not be liable for any loss
that you incur as a result of someone else using your password, either with or without your
knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers,
directors, employees, consultants, agents, and representatives due to someone else's use of your
account or password.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree
to obey the law and to respect the intellectual property rights of others. Your use of the Service
and the Site is at all times governed by and subject to laws regarding copyright ownership and use
of intellectual property. You agree not to upload, download, display, perform, transmit, or
otherwise distribute any information or content (collectively, "Content") in violation of
any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You
agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall
be solely responsible for any violations of any relevant laws and for any infringements of third
party rights caused by any Content you provide or transmit, or that is provided or transmitted using
your User ID. The burden of proving that any Content does not violate any laws or third party rights
rests solely with you.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any
of the trademarks, service marks, or logos owned by Company or by any third party. ALLEGED
VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To
ensure that Company provides a high quality experience for you and for other users of the Site and
the Service, you agree that Company or its representatives may access your account and records on a
case-by-case basis to investigate complaints or allegations of abuse, infringement of third party
rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose
the existence or occurrence of such an investigation unless required by law, but Company reserves
the right to terminate your account or your access to the Site immediately, with or without notice
to you, and without liability to you, if Company believes that you have violated any of the Terms of
Use, furnished Company with false or misleading information, or interfered with use of the Site or
the Service by others.
NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE
"AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS
FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN
NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY
OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS
OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the
damages arise out of breach of contract, tort, or any other legal theory or form of action.
AFFILIATED SITES. Company has no control over, and no liability for any third party websites or
materials. Company works with a number of partners and affiliates whose Internet sites may be linked
with the Site. Because neither Company nor the Site has control over the content and performance of
these partner and affiliate sites; Company makes no guarantees about the accuracy, currency,
content, or quality of the information provided by such sites, and Company assumes no responsibility
for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those
sites. Similarly, from time to time in connection with your use of the Site, you may have access to
content items (including, but not limited to, websites) that are owned by third parties. You
acknowledge and agree that Company makes no guarantees about, and is not responsible for, the
accuracy, currency, content, or quality of any services or downloads you receive from a third party,
and that, Company is not affiliated with any third party that you may link to through this site. You
expressly agree to indemnify Company from any claims you may have against a third party that you
linked to or accessed via Company's website. PROHIBITED USES. Company imposes certain restrictions
on your permissible use of the Site and the Service. You are prohibited from violating or attempting
to violate any security features of the Site or Service, including, without limitation, (a)
accessing content or data not intended for you, or logging onto a server or account that you are not
authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the
Site, or any associated system or network, or to breach security or authentication measures without
proper authorization; (c) interfering or attempting to interfere with service to any user, host, or
network, including, without limitation, by means of submitting a virus to the Site or Service,
overloading, "flooding," "spamming," "mail bombing," or
"crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without
limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet
header or any part of the header information in any e-mail or in any posting using the Service; or
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt
to reduce to a human-perceivable form any of the source code used by Company in providing the Site
or Service. Any violation of system or network security may subject you to civil and/or criminal
liability.
INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to
indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees,
consultants, agents, and representatives from any and all third party claims, losses, liability,
damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or
use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any
other user of your account, of any intellectual property or other right of any person or entity.
Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you
with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage,
or cost.
COPYRIGHT. All contents of Site or Service are: Copyright © 2021 Healthbenefits365 Medicare.
All rights reserved.
GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of
the State of California without reference to their rules regarding conflicts of law. You hereby
irrevocably consent to the exclusive jurisdiction of the courts of the State of California, United
States, for all disputes arising out of or related to the use of the Site or Service. SEVERABILITY;
WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in
these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in
full force and effect. No waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
ARBITRATION AGREEMENT Any dispute or claim relating in any way to your use of this website,
including any related calls texts or other communications, will be resolved by binding arbitration,
rather than in court, except that you may assert claims in small claims court if your claims
qualify. This includes claims against our clients, vendors, and Marketing Partners, which are third
party beneficiaries of this arbitration agreement. The Federal Arbitration Act and federal
arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited.
However, an arbitrator can award on an individual basis the same damages and relief as a court
(including injunctive and declaratory relief or statutory damages), and must follow the terms of
these terms as a court would.
The arbitration may be conducted by the American Arbitration Association (AAA) under its rules,
including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are
available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration
conducted by telephone, based on written submissions, or in person in the county where you live or
at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis
and not in a class, consolidated or representative action. If for any reason a claim proceeds in
court rather than in arbitration we each waive any right to a jury trial. We also both agree that
you or we may bring suit in court to enjoin infringement or other misuse of intellectual property
rights.
MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms
of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any
time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be
effective immediately on such posting. You agree to review these Terms of Use and other online
policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing
to use or access the Site following notice of any revision, you shall abide by any such revision.
ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
