The following Terms of Use ("TOU") describe the terms and conditions applicable to
your registration, access and use of the Medicare Benefits Solutions, herein after
referred to as “Medicare Benefits”, which is a brand operated by Health Compare
Insurance Services Inc., websites (MedicareBenefits and www.medicarebenefits.com)
(the "Websites"). By using these Websites, you are accepting and agreeing to the
TOU. If you do not agree to the TOU, do not use these Websites. We reserve the right
to change the TOU at any time without notice; modifications will be included in the
TOU. It is your responsibility to check the TOU from time to time for modifications.
Continued use of these Websites after any modifications of the TOU will constitute
acceptance of such modifications. These Websites are owned and operated by Medicare
Benefits ("Company"), a Delaware corporation. The Company is located at 1100 NW
Compton Drive, Suite 200, Hillsboro, OR 97006 and is licensed to do business as an
insurance agency in
the following states.
Ownership: These Websites, including without limitation, any
information, software, photographs, images, video, audio, graphics, or text on these
Websites ("Company Content"), and all patent, copyright, trademark, trade dress,
domain name, trade secret, and other proprietary rights therein are the sole
property of the Company and various third party owners. You agree to abide by all
applicable intellectual property laws and any additional restrictions set forth on
these Websites in relation to the Company Content.
Limited License; Permitted Uses: You are granted a non-exclusive,
non-transferable, revocable license: (a) to access and use these Websites strictly
in accordance with this TOU; (b) to use these Websites solely for internal,
personal, non-commercial purposes; and (c) to print out discrete portions of Company
Content from these Websites solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of these Websites or its contents may
be used by you in any litigation or arbitration matter whatsoever under any
circumstances.
Use of Websites: By using these Websites, you represent that you are
at least 18 years old and are a resident of the United States. You may not be
eligible for all of the insurance products or services described in these Websites.
The Company reserves the right to determine all eligibility for such products or
services. If you are under 18 or not a U.S. resident, do not use these Websites. The
Company does not intend to market any products or services to children and does not
knowingly collect personal information from children under the age of 13 through
these Websites. You may not store, modify, reproduce, transmit or distribute content
(including Company Content) from these Websites without the prior written consent of
the Company. The Company may change or restrict your use of these Websites and/or
make changes to the products and services described on these Websites at any time
without notice. You also agree not to use these Websites for any unlawful purpose or
in any manner that could damage, disable, overburden or impair any server, or the
network(s) connected to any server of Company, its affiliates or service providers,
or interfere with any other party's use and enjoyment of these Websites. You may not
attempt to gain unauthorized access to these Websites or any services, other
accounts, computer systems or networks connected to any server or to any of the
services, through hacking, password mining or any other means. Certain third party
owners may impose additional terms and conditions set forth elsewhere herein. Your
use of Company Content from those third party owners is also subject to those terms
and conditions. Any and all caching, hypertext linking to these Websites or framing
of any Company Content is prohibited without the Company's prior written consent.
The Company reserves the right to disable any unauthorized links or frames.
Indemnification: You agree to indemnify and hold harmless Company
and its subsidiaries, affiliates, officers, agents, employees, partners and
licensors from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of User Content or Submission you submit,
transmit or otherwise make available to us, your use of any Company Content, your
violation of any provision of this TOU, or your violation of any rights of another
party.
Trademarks: The Company's trademarks, service marks and/or logos are
protected marks of the Company. Unauthorized use of trademarks, service marks or
logos owned by the Company is strictly prohibited and may also be a violation of
federal and state trademark laws.
Copyright: These Websites are protected by U.S. copyright laws of
the Company, its affiliates, and certain third party providers. Except as expressly
provided under "Use of Websites" section above, you may not use, reproduce, modify,
transmit, distribute or publicly display any part of these Websites or Company
Content without the prior written consent of the Company.
We respect the intellectual property of others, and we ask you to do the same. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the
Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright
infringement on these Websites can be reached by directing an e-mail to the
Copyright Agent at [email protected], or by letter sent postage prepaid to
MedicareBenefits, 1100 NW Compton Drive, Suite 200, Hillsboro, OR 97006, attention:
MedicareBenefits Compliance Officer.
Governing Law: The TOU shall be governed in all respects by the laws
of the State of California USA, without reference to its choice of law rules. By
accessing these Websites you understand and agree that all transactions take place
in Orange County, California and agree that the Orange County Superior Court has
exclusive jurisdiction over any disputes with the Company arising from or related to
your use of these Websites or any of the products or services offered hereunder or
Company Content or User Content on these Websites. You irrevocably consent and
submit to the exclusive personal jurisdiction of that court, and you irrevocably
waive any jurisdictional, venue or inconvenient forum objections to such court.
Statute of Limitations: Except for claims arising from your misuse
of these Websites or Company Content, you agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to the
TOU must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Third Party Links: These Websites may contain links to third party
websites. The Company makes no representations regarding the content or accuracy of
any website that you may access through these Websites. The Company does not monitor
and is not responsible for the content found on other websites that are linked from
these Websites. The Company does not imply endorsement, recommendation or
sponsorship for any linked website or the services, products or advice described on
the site, and the Company shall have no liability for its content, including its
accuracy, subject matter, quality or timeliness, or any personal information that
you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions,
statements, offers or other information or content expressed therein are those of
the respective author(s) or distributor(s), not of the Company.
Third Party Services: We may allow access to or advertise certain
third-party product or service providers ("Merchants") from which you may purchase
certain goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for all aspects
of order processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITES.
Third Party Merchant Policies: All rules, policies (including
privacy policies) and operating procedures of Merchants will apply to you while on
any Merchant sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of the other.
Security: The Company does not make warranties or representations
regarding the security of Company Content or User Content. Data sent over the
Internet may be intercepted by third parties; if you are concerned about the
security of your data, you should not send it over the Internet.
User ID and Password: You are required to have a user ID and
password to access certain areas of these Websites. You are responsible for
maintaining the confidentiality of your user ID and password and are responsible for
all uses of them, regardless of whether the uses were authorized by you. The Company
prohibits the transfer or sharing of user IDs and passwords. You agree to
immediately notify the Company of any unauthorized use of your user ID or password
or any other breach of security.
Linking to the Websites: You may not link to these Websites prior to
obtaining written permission from the Company, which may be withheld in Company's
sole discretion.
Information and Press Releases: These Websites contain information
and press releases about us. We disclaim any duty or obligation to update this
information or any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied upon as being
provided or endorsed by us.
Your Registration Obligations: By registering on these Websites, you
represent that you are of legal age to form a binding contract and are not a person
barred from receiving products or services under the laws of the State of California
and of the United States or other applicable jurisdiction. You also agree to: (a)
provide true, accurate, current and complete information about yourself in the
registration form ("Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete, or the
Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, the Company has the right to suspend or
terminate your account and refuse any and all current or future use of these
Websites or any products or services offered hereunder.
Interstate Nature Of Communications On Websites: When you register
with these Websites, you acknowledge that you will be causing communications to be
sent through the Company's computer networks. As a result, and also as a result of
the Company's network architecture and business practices and the nature of
electronic communications, even communications that seem to be intrastate in nature
can result in the transmission of interstate communications regardless of where you
are physically located at the time of transmission. Accordingly, by agreeing to the
TOU, you acknowledge that communication via these Websites results in interstate
data transmissions.
Special Admonitions For International Use: Recognizing the global
nature of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside.
No Resale: You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, the Company Content, including any
product or service obtained from us through these Websites.
General Practices Regarding Use And Storage: You agree that the
Company has no responsibility or liability for the deletion or failure to store any
messages and other communications or other User Content maintained or transmitted
through these Websites. You acknowledge that the Company reserves the right to log
off accounts that are inactive for an extended period of time. You further
acknowledge that Company reserves the right to modify these general practices and
limits from time to time.
Termination: You agree that Company may, in its discretion, and
without prior notice, immediately terminate your Website account and your access to
these Websites.
No Third Party Beneficiaries: You agree that, except as otherwise
expressly provided in this TOU, there shall be no third-party beneficiaries to this
TOU.
Waiver: The failure of the Company to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of such right or
provision.
Headings: The section and paragraph headings used in this TOU are
inserted for convenience only and will not affect the meaning or interpretation of
this TOU.
Violation of TOU: The Company reserves the right to seek all
remedies available at law and in equity for violations of the rules and regulations
set forth in this TOU and the Privacy Policy (which is incorporated by reference),
including, but not limited to, the right to block access from a particular Internet
address to these Websites.
Entire Agreement; Severability: This TOU, and the Privacy Policy,
constitutes the entire agreement between you and the Company relating to the use of
these Websites. Additional terms and conditions may apply when you use any services
of Merchants or other third parties, or access any linked websites. Should any
provision of our TOU be held invalid, unlawful or for any reason unenforceable, then
the invalid, unlawful or unenforceable provision shall be severable from the
remaining provisions. Such invalid, unlawful or unenforceable provision shall not
affect the validity or enforceability of the remaining provisions.
Contacting The Company: If you have Website questions, comments, or
concerns, please email [email protected] Please include detail
of your questions, comments or concerns and your complete name and contact
information. You may also call our Customer Service team at (888) 956-7735 — TTY
711.