Terms of Use Agreement

This Terms and Conditions of Use Agreement ("Terms of Use") constitutes a binding agreement between you and Choosing a Medigap. Please carefully read through all sections of these Terms of Use. By accessing this web site or any of the web sites owned or controlled by Choosing a Medigap (each a "Site" and collectively the "Sites") you agree to be bound by these Terms of Use. Additionally, please be advised that any content you submit to Choosing a Medigap, through the customer satisfaction survey (with a testimonial waiver form), through the newsletter, on our Sites, via emails, or otherwise, becomes the property of Choosing a Medigap. If you do not acknowledge and agree to these Terms of Use, then do not enter your information. Your access to and use of the Sites is subject to these Terms of Use and all applicable laws. These Terms of Use may be changed by us from time to time without notice to you, and the latest version will be posted on this Site.

About This Site

This Website (hereinafter “the Site” or “this Site”) is part of the Choosing a Medigap network. Choosing a Medigap is a national insurance agency, specializing in providing Medicare supplement insurance quotes and helping Medicare supplement insurance shoppers find the right Medicare supplement. In those states that Choosing a Medigap does not currently operate, Choosing a Medigap will connect shoppers with Medicare supplement insurance professionals who can assist them.

Choosing a Medigap offers several Medicare supplement insurance providers plans but does not endorse any one company in particular. Any information provided about any particular insurance plan, provider, or agent shall not be construed as an endorsement by Choosing a Medigap.

Personal and Noncommercial Use Limitation

In order to use the Services, you must be at least 65 years of age or are looking for someone who is at least 65 years of age. In consideration of your use of the Services, you agree to provide true, accurate and current information about yourself as prompted by the required registration forms. This Site is for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or service found on or obtained from the Site; provided that you may download, reproduce, and retransmit Choosing a Medigap information solely for non-commercial purposes within your organization. With the exception of the foregoing limited authorization, no license or right in any copyright of Choosing a Medigap or any other party is granted or conferred to you.

The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, or non-infringement, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL Choosing a Medigap, ITS AGENTS, AFFILIATES, REPRESENTATIVES OR LICENSORS be liable for any LOSS OR INJURY OR ANY damages, either direct, indirect, punitive, special, incidental, consequential or otherwise, resulting from, or in any way connected to, the use of this Site OR ANY Choosing a Medigap INFORMATION, in each case regardless of whether such damages are based on contract, tort, strict liability, or those other theories of liability. Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Choosing a Medigap, ITS AGENTS, REPRESENTATIVES, AFFILIATES, AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE OR ANY OTHER Choosing a Medigap INFORMATION.

Copyright and Proprietary Rights Information

The Site may contain technical inaccuracies or typographical errors or omissions. Choosing a Medigap reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice. This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Choosing a Medigap. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Choosing a Medigap and/or other parties is granted to or conferred upon you.

Available Services

The purpose of the Site is to provide consumers with ability to research Medicare supplement insurance and receive comparative insurance quotations from some of the many companies we represent, and in the event that you reside in a state that Choosing a Medigap does not currently operate in affiliate agents (hereinafter "Providers"), based on the information you have provided. These Providers may have one or numerous companies with from which they will provide you with quotes. Once you have provided us with the information needed, by sufficiently completing an appropriate online form, we will refer that information to these Providers, who may then contact you directly if they are able to provide you with a quotation for insurance coverage. From time to time these Providers may ask for additional information they may need to obtain an accurate quote. In the event that we do not have sufficient participation on our network in your area, you may receive less than five offers.

We do not guarantee that any of the Providers to whom we may forward your information will contact you or agree to provide you coverage. We are not responsible in any way, for the conduct of the Providers to whom we forward your insurance quotation requests. If you need personal advice, explanation of coverage, assessment of needs or specific policy recommendations, consult with a licensed insurance agent, broker, or other qualified professional. We reserve all the rights to our Site contents, and may at our discretion change the contents of the Site, or restrict access to certain sections of the Site, or to discontinue any aspect of the Site, including, but not limited to content, features, hours of availability, without notice or penalty.

Your Use of The Service

You must be at least 18 years of age to use the Service. You warrant and agree that, while using the Service, you will not do any of the following: Links to the Web Site

You may not establish a hypertext “link” to the Web Site and/or distribute, modify or re-use the text or graphics of the Site unless you obtain prior express written permission from Choosing a Medigap allowing you to do so.

Links to Third Party Sites

This Site may contain links to sites that are controlled by third parties. These linked sites are not under the control of Choosing a Medigap, and Choosing a Medigap is not responsible for the contents of any linked site or any link contained in a linked site. Choosing a Medigap is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by Choosing a Medigap of any linked site or constitute any warranty by Choosing a Medigap of any linked site or any items contained on such site.

Governing Law

Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas. No Unlawful or Prohibited Use. As a condition of your use of the Site, you warrant to Choosing a Medigap that you will not use the Site for a purpose that is unlawful or prohibited by these terms, conditions, and notices.

Disclaimer

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we make no representations of warranties of any kind, express or implied, regarding the use of the Service. We disclaim all warranties regarding the accuracy or reliability of the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, WE MAKE WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE MAKE NO WARRANTIES REGARDING THE AFFILIATION OF ANY PROVIDER WHO MAY CONTACT YOU. WE EXPRESSLY DISCLAIM ALL RESPONSIBILITY FOR THE ACTIONS OF ANY PROVIDER WHO MAY CONTACT YOU THROUGH THE SERVICE. IF YOU ARE DISSATISIFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE.

WE ATTEMPT TO PROVIDE ACCURATE INFORMATION REGARDING INSURANCE PRODUCTS AND SERVICES; HOWEVER, WE CAN MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THIS INFORMATION. AVAILABILITY OF PRODUCTS OR SERVICES MAY VARY BY STATE AND MAY NOT BE AVAILABLE TO YOU.

WE MAKE NO REPRESENTATION, EITHER EXPRESS OR IMPLIED, OF ANY SPONSORSHIP BY ANY COMPANY MENTIONED ON THIS SITE, OR OF ANY OTHER RELATIONSHIP WITH ANY SUCH COMPANY. WE MAKE NO GUARANTEE, EXPRESSED OR IMPLIED, THAT A USER WILL BE ABLE TO OBTAIN A QUOTE FROM ANY PARTICULAR COMPANY OR PROVIDER MENTIONED ON THIS SITE.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify and hold harmless the Service (and its parents, directors, officers, employees, subsidiaries, agents, and affiliates) from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees and costs, due to or arising in any way from the use or misuse by you of the Service, your violation of these Terms and Conditions, your violation of any law, or infringement by you of any right of any person or entity.

Proprietary Rights

We retain all rights, title, and interest in and to the Service, including all content, data, materials, specific implementations of XHTML, CSS, and other code, the look and feel, the design, and all other aspects of the trade dress of this Site, and retain all intellectual and property rights therein.

Third party logotypes, brandmarks, and service marks are the property of their respective owners.

Use of the Service by you does not grant to you ownership and any commercial use or exploitation of the Service by you is expressly prohibited. You may not exploit, copy, redistribute, or reproduce any aspect of the Service. Doing so may be a violation of applicable Federal and state laws and may subject you to liability.

Other

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the other provisions shall remain in full force and effect. Further, you agree that for any provision that may be found to be invalid and unenforceable, you shall ask the court to endeavor to give effect to the intent of the provision. These Terms and Conditions constitute the full understanding between you and us. You agree that any claim arising from or related to the Service must be filed within twelve (12) months of your use of the Service, regardless of any statute or law to the contrary.