Privacy Policy
Updated 04/28/2022
MedicarePlans365, LLC, a Delaware limited liability company ("Medicare plans 365", "Medicare Plans 365", "we" or "our"), is the owner and operator of this website Medicare Plans 365.
This MedicarePlans365 Privacy Policy ("Privacy Policy") covers our treatment of personal information and other information that we collect when an end-user visitor to the Site ("User," "you" or "your"): (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party related resources and other information ("Third Party Links"); and/or (ii) blog posts, text, video and/or other information pertaining to related products and/or services made available on the Site (the "Informational Content," and together with the Third Party Links, the "Content"); (c) accesses the comments sections associated with the blog posts and/or other interactive features made available on the Site ("Interactive Services"); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company and/or Company's third-party search-related product and/or service providers and online aggregators (collectively, the "Contact Services," and together with the Site, Content and Interactive Services, the "Site Offerings"). Capitalized terms not defined herein shall have the meanings set forth in the MedicarePlans365 Website Terms and Conditions ("Terms and Conditions").
IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.
CALIFORNIA RESIDENTS - CALIFORNIA CONSUMER PRIVACY ACT DISCLOSURE This California Consumer Privacy Act Disclosure explains how we collect, use, disclose, and sell personal information relating to California residents that is subject to the California Consumer Privacy Act of 2018 (“CCPA”).
WHAT IS PERSONAL INFORMATION? Personal Information relating to California residents may relate to a variety of contexts. For example, interacting with our websites, requesting or obtaining our products or services, applying for employment with us or are our employees, vendors, contractors or similar personnel, or visiting our locations or facilities. The specific Personal Information that we collect, use, disclose, and sell relating to a California resident depends on our relationship or interaction with that individual.
While we implement best practices, our system may not respond to Do Not Track requests or headers from some browsers. We may also use cookies or other technology to deliver more relevant advertising and to link data collected across other computers or devices that you may use.
CATEGORIES OF DATA WE COLLECT In the past 12 months, we have collected the following categories of Personal Information relating to California residents:
identifiers, such as a name, email address, telephone number, postal address, unique personal identifiers, online identifiers, sex and marital status, and IP address, automotive information, and health information
protected classification characteristics under California law, such as veteran or military status, and financial information
commercial information, such as products or services obtained, or considered
internet activity, such as browsing history and search history on our website, electronic, visual, thermal, and similar information, such as call and video recordings, and email open rates
geolocation data such as device location
professional or employment-related information, such as work history and prior employer
education information, such as school and data of graduation
COLLECTION, USE, DISCLOSURE, AND SALE OF PERSONAL INFORMATION We may collect Technical Data and Personal Information from consumers who arrive on or engage with our Sites, or other web properties we own (e.g., in response to emails from or on our behalf).
We may engage service providers to perform a variety of functions, such as verifying consumer consent, validating email addresses or phone numbers, and other automated technical functions.
We require all partners, Service Providers or other third parties, to represent and warrant to us that they have appropriately and legally obtained the data provided to us and have the express authority to share the data with us.
Purpose for Data Collection. We primarily use the data we collect to connect consumers with Partners who can provide information about the products and services those consumers are seeking.
Categories of Third Parties with Whom we Disclose Personal Data. We may share your data with other businesses we own, service providers, and third party websites.
Categories of Data Sold. We may transfer Technical Data and Provided Attributes to Advertising partners who can provide the consumer with information about the products and services they are seeking. We may receive a fee for the transfer of that data or when the consumer purchases a product or service.
In the past 12 months, we have disclosed or sold the following categories of Personal Information relating to California residents to affiliated and nonaffiliated third parties for our business purposes:
identifiers, such as a name, email address, telephone number, postal address, unique personal identifiers, online identifiers, sex and marital status, and IP address, automotive information, and health information
protected classification characteristics under California law, such as veteran or military status, and financial information
commercial information, such as products or services obtained, or considered
internet activity, such as browsing history and search history on our website, electronic, visual, thermal, and similar information, such as call and video recordings, and email open rates
geolocation data such as device location
professional or employment-related information, such as work history and prior employer
education information, such as school and data of graduation
CCPA RIGHTS The CCPA affords certain rights and protections to California residents including:
the right to request that we delete any “personal information” that we have collected from you (“Right to Delete”);
the right to request that we disclose the categories and/or specific pieces of personal information collected and sold (“Right to Know”); and
the right to direct us not to sell their “personal information” (“Right to Opt-Out”).
CCPA REQUESTS "Personal information" is defined under the CCPA as “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
California residents who would like to submit a Request to Know, Delete, or Opt-Out should follow the link below. You may also submit a request by calling us at number (720) 307-1777. Upon submission, you will be asked to verify your email address. If we are able to verify your Request to Know, Delete, or Opt-Out (e.g., that you are a California resident and that we have or have sold, as the case may be, your “personal information”), we will respond within 45 days of your submission (or such additional time period as the law allows us).
If you would like to exercise your California CCPA rights, click here.
You may also opt-out of the sale of your Personal Information by clicking the “Do Not Sell” link located on each webpage where Personal Information is collected.
CHANGES TO THIS CALIFORNIA CONSUMER PRIVACY ACT DISCLOSURE We may change or update this Disclosure without notice. We will post the revised Disclosure on this page with a new “Last Updated” date.
PERSONAL INFORMATION COLLECTED For the purposes of this Privacy Policy, "personal information" shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the Site Offerings and complete the required information request form and/or otherwise provide such information to us. Where a User attempts to utilize the Contact Services, that User may be required to submit, and Company may collect, some or all of the following information: (a) the User's e-mail address; (b) the User's full name; (c) the User's telephone number; (d) certain information pertaining to the User's desired job/career; (e) certain information pertaining to the User's job qualifications, including professional experience and education; and (f) any other information collected via the Contact Services form. Upon entering Contact Data and clicking on the applicable submission button on the Site: (i) Company may pass your Contact Data along to one (1) or more of its partners; and (ii) you may be contacted by Company and/or one (1) or more of its partners regarding your request. Where Company contacts you in connection with your submission of Contact Data, a Company representative may request additional information over the telephone including some or all of the following: (A) User date of birth; (B) User mailing address; (C) certain information pertaining to the User's desired result; and (E) any other information requested by the applicable Company representative.
USE OF PERSONAL INFORMATION
We will not share your personal information with any third party, including with advertising, measurement or analytics partners unless you provide your permission. By submitting your personal information by and through the Site Offerings, and providing your permission, you agree that we may share, sell, rent, lease or otherwise provide that personal information to any third party for any purpose permitted by law, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) telemarketers (where permitted by applicable law); and (c) direct marketers. Email addresses will not be shared with other senders without a separate opt-in process for each sender. When you provide your permission, we will also use your personal information to send you promotional messages regarding various Company products and/or services, as well as third party products and/or services that we think may be of interest to you.
Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the delivery of the applicable Site Offerings to you, including to respond to any inquiries made by you. You also agree that with your permission, we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site Offerings, and to keep you informed of our other products and services. We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users' personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information with your permission, for customer service, to provide you with information that you may request, to customize your experience with the Site Offerings and/or to contact you when necessary in connection with your use of the Site Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the Site Offerings, and thereby providing your permission, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR 310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, with your permission, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act (47 USC 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR 64.1200), as amended from time-to-time ("TCPA"), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology from “MedicarePlans365” or “Qualified Medicare”, to the telephone number(s) that you provided. This communication frequency may vary and you may receive up to 4 messages per month. Please note that you are not required to respond or to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows Company to contact you via these means. Message and data rates may apply. You may Text STOP to cancel at anytime. If you have questions pertaining to these forms of communication please contact customer care at support@MedicarePlans365 or mail us at the address below.
Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively "Phone Number Change"), you agree that you shall promptly notify Company of the Phone Number Change via e-mail at: admin@MedicarePlans365, or by using one of the methods set forth in the "Contact Us" section below.
We reserve the right to release current or past personal information: (A) in the event that we believe that the Site Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (B) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (C) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Company is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
NON-PERSONAL INFORMATION COLLECTION AND USE IP Addresses/Browser Type -We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.
Cookies -When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, "Cookies") to assign an anonymous, unique identifier to the applicable User's computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit HTTP://COOKIECENTRAL.COM. We use Cookies to improve the quality of the Site Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Site).
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Site Offerings; provided, however, that certain functions of the Site Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.
If you engage in any interaction with the Site, Company and its third party partners may use data collected from the Site for purposes of ad delivery and measurement purposes. Nevertheless, most Internet browsers contain a "do-not-track" setting. In general, when a "do-not-track" setting is active, the end-user's Internet browser notifies other websites that the end-user does not want his/her Information and online behavior to be tracked and used, for example, for behavioral advertising.
Company reserves the right to transfer and/or sell aggregate or group data about Users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Site Offerings Users as a group, without disclosing personally identifiable information.
If you engage in any interaction with Company, other Users or any third party via the Interactive Services, you should be aware that the personal information that you submit by and through the Interactive Services can be read, collected and/or used by other Users of these services, and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire. We are not responsible for the personal information that you choose to submit via the Interactive Services.
THIRD-PARTY WEBSITES This Site may contain links to third-party owned and/or operated websites including, without limitation,partners. Company is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Company has no responsibility or liability relating to them.
SECURITY We endeavor to safeguard and protect our Users' personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter sensitive information (such as financial information or Social Security Number), and when we store and transmit such sensitive information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users' personal information is restricted in our offices, as well as the offices of our third party service providers. Only employees or third party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
MINORS Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. Company does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Company encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
OPT-OUT/UNSUBSCRIBE To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: admin@MedicarePlans365. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from Company, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to Company, as applicable.
DELETING, MODIFYING AND UPDATING YOUR INFORMATION At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: admin@MedicarePlans365. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
TRANSFER OF PERSONAL INFORMATION INTERNATIONALLY If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY Company reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, Company will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.
CONTACT US If you have any questions about this Privacy Policy or our privacy practices in general, you may email us as at: admin@MedicarePlans365 ; or send us mail to: 1968 S. Coast Hwy #1156, Laguna Beach; CA 92651.
Terms of Use
Updated 03/28/2022
CLIENTS By using the Internet site located at MedicarePlans365 (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 MedicarePlans365 (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 MedicarePlans365 . 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 MedicarePlans365 . 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.
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