www.ehealthmedicare.com
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URL:
https://www.ehealthmedicare.com/about-us/terms-of-use/
Submission: On November 10 via api from US — Scanned from DE
Submission: On November 10 via api from US — Scanned from DE
Form analysis 5 forms found in the DOM
<form>
<div class="tablet-stacker">
<div class="zip-container"> <label class="zip-label flex items-center h-6"> ZIP Code <button type="button" class="ml-1 icon-tooltip outline-none focus:outline-none" aria-label="More info about zip code"> <svg width="16" height="16"
viewBox="0 0 16 16" fill="none" xmlns="http://www.w3.org/2000/svg">
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</svg>
<div class="tooltip-content" role="dialog">
<p class="tooltip-content-text text-left"> Your ZIP Code allows us to filter for Medicare plans in your area. </p> <i class="close-btn" tabindex="0" role="button" aria-label="Close"></i>
</div>
</button> </label> <input type="number" name="zip" aria-label="zip code" role="textbox" maxlength="5" min="0" pattern="[0-9]*" size="7">
<div class="zipcode-error">
<div class="bg-white rounded-full h-4 w-4 mr-1"> <i class="icon-error icon-16 block bg-no-repeat"></i> </div>
<div class="zip-invalid">Invalid zip code</div>
<div class="zip-empty hidden">ZIP Code is required</div>
</div>
</div>
<div class="county-container hidden"> <label class="flex items-center h-6"> County </label> <select disabled="disabled" name="county">
<option value="" disabled="" selected="">Select...</option>
</select>
<div class="county-error">
<div class="bg-white rounded-full h-4 w-4 mr-1"> <i class="icon-error icon-16 block bg-no-repeat"></i> </div>
<div class="county-error-text">Select your county</div>
</div>
</div>
</div>
<div class="zip-button-container">
<div class="h-6"></div> <button type="submit" class="zip-input btn btn-primary whitespace-nowrap w-full"></button>
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<div class="mktoFieldWrap"><label for="FirstName" id="LblFirstName" class="mktoLabel mktoHasWidth" style="width: 100px;">
<div class="mktoAsterix">*</div>First Name:
</label>
<div class="mktoGutter mktoHasWidth" style="width: 10px;"></div><input id="FirstName" name="FirstName" maxlength="255" aria-labelledby="LblFirstName InstructFirstName" type="text" class="mktoField mktoTextField mktoHasWidth"
style="width: 150px;"><span id="InstructFirstName" tabindex="-1" class="mktoInstruction"></span>
<div class="mktoClear"></div>
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<div class="mktoClear"></div>
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<div class="mktoClear"></div>
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<div class="mktoFieldDescriptor mktoFormCol" style="margin-bottom: 10px;">
<div class="mktoOffset" style="width: 10px;"></div>
<div class="mktoFieldWrap"><label for="LastName" id="LblLastName" class="mktoLabel mktoHasWidth" style="width: 100px;">
<div class="mktoAsterix">*</div>Last Name:
</label>
<div class="mktoGutter mktoHasWidth" style="width: 10px;"></div><input id="LastName" name="LastName" maxlength="255" aria-labelledby="LblLastName InstructLastName" type="text" class="mktoField mktoTextField mktoHasWidth"
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<div class="mktoClear"></div>
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<div class="mktoClear"></div>
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<div class="mktoFieldWrap"><label for="Email" id="LblEmail" class="mktoLabel mktoHasWidth" style="width: 100px;">
<div class="mktoAsterix">*</div>Email Address:
</label>
<div class="mktoGutter mktoHasWidth" style="width: 10px;"></div><input id="Email" name="Email" maxlength="255" aria-labelledby="LblEmail InstructEmail" type="email" class="mktoField mktoEmailField mktoHasWidth" style="width: 150px;"><span
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<div class="mktoClear"></div>
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<div class="mktoClear"></div>
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<div class="mktoFieldWrap"><label for="MASTER_ID" id="LblMASTER_ID" class="mktoLabel mktoHasWidth" style="width: 100px;">
<div class="mktoAsterix">*</div>MASTER ID:
</label>
<div class="mktoGutter mktoHasWidth" style="width: 10px;"></div><input id="MASTER_ID" name="MASTER_ID" maxlength="2000" aria-labelledby="LblMASTER_ID InstructMASTER_ID" type="number" class="mktoField mktoNumberField mktoHasWidth" min=""
max="" step="" style="width: 150px;"><span id="InstructMASTER_ID" tabindex="-1" class="mktoInstruction"></span>
<div class="mktoClear"></div>
</div>
<div class="mktoClear"></div>
</div>
<div class="mktoClear"></div>
</div>
<div class="mktoButtonRow"><span class="mktoButtonWrap mktoSimple" style="margin-left: 130px;"><button type="submit" class="mktoButton">Submit</button></span></div><input type="hidden" name="formid" class="mktoField mktoFieldDescriptor"
value="1004"><input type="hidden" name="munchkinId" class="mktoField mktoFieldDescriptor" value="023-UMZ-412">
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<style type="text/css">
.mktoForm .mktoButtonWrap.mktoSimple .mktoButton {
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<div class="mktoFieldWrap"><label for="FirstName" id="LblFirstName" class="mktoLabel mktoHasWidth" style="width: 100px;">
<div class="mktoAsterix">*</div>First Name:
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<div class="mktoAsterix">*</div>Last Name:
</label>
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<div class="mktoFieldWrap"><label for="Email" id="LblEmail" class="mktoLabel mktoHasWidth" style="width: 100px;">
<div class="mktoAsterix">*</div>Email Address:
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style="font-family: Helvetica, Arial, sans-serif; font-size: 13px; color: rgb(51, 51, 51); visibility: hidden; position: absolute; top: -500px; left: -1000px; width: 1600px;"></form>Text Content
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TTY users 711
Mon - Fri: 7am - 10pm
Sat - Sun: 10am - 7pm ET
TERMS OF USE (UPDATED MAY 30, 2019)
Welcome, and thank you for your interest in eHealthInsurance Services, Inc.
(“eHealth,” “we,” or “us“) and our websites at eHealthInsurance.com,
eHealth.com, Medicare.com, eHealthMedicare.com, PlanPrescriber.com,
GoMedigap.com, and our other websites where we post this document as the
applicable terms of use, along with any related websites, networks,
applications, insurance agent and representative services, and communication
channels (including online chat and telephone call centers), and other services
provided by us (collectively, our “Service“). These Terms of Use are a legally
binding contract between you and eHealth regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “CREATE ACCOUNT” OR
ANOTHER BUTTON ON THE SITE TO SUBMIT YOUR INFORMATION TO US OR BY OTHERWISE
USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO
BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE EHEALTH PRIVACY
POLICY (TOGETHER, THE “TERMS“). If you are not eligible to use our Service or
agree to these Terms, or if you do not agree to the Terms, then you do not have
our permission to use the Service.
These Terms provide that all disputes between you and eHealth will be resolved
by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert
or defend your rights under this contract, except for matters that may be taken
to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR
and NOT a judge or jury, and your claims cannot be brought as a class action.
Please review Section 21 (“Dispute Resolution and Arbitration”) for the details
regarding your agreement to arbitrate any disputes with eHealth.
You also agree that eHealth may (1) call and text you regarding eHealth’s
services, and (2) monitor and record any telephone calls made or received by
eHealth for eHealth’s business purposes, including for quality assurance
purposes. Please review Section 4 below entitled “Electronic Communications;
Text Messaging; Telephone Calls” for more details.
1. Service Overview. eHealth provides a service where consumers and businesses
can research and shop for various insurance and related products. eHealth
is not an insurance company. It introduces users to insurance and related
products offered by third parties. DO NOT CANCEL ANY EXISTING INSURANCE
UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH
YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT.
2. Eligibility. You must be at least 18 years of age to use the Service. By
agreeing to these Terms, you represent and warrant to us that: (a) you are
at least 18 years of age; (b) you have not previously been suspended or
removed from the Service; and (c) your registration and your use of the
Service is in compliance with all applicable laws and regulations. If you
are using the Service on behalf of an entity, organization, or company, you
represent and warrant that you have the authority to bind that organization
to these Terms and you agree to be bound by these Terms individually and on
behalf of that organization.
3. Accounts and Registration. You can browse products without registering, but
in order to purchase any product you must register for an account. When you
register for an account, you may be required to provide us with some
information about yourself, such as your email address or other contact
information. You agree that the information you provide to us is accurate
and that you will keep it accurate and up-to-date at all times. When you
register, you will be asked to provide a password. You are solely
responsible for maintaining the confidentiality of your account and
password, and you accept responsibility for all activities that occur under
your account. If you have reason to believe that your account is no longer
secure, then you must immediately notify us at
customerservice@ehealthinsurance.com.
4. Electronic Communications. Text Messaging; Telephone Calls. By providing
eHealth with a telephone number and other contact information when
registering for an account, you agree to receive communications, including
via-email and calls (including text messages and calls made using an
autodialer or prerecorded voice message), from or on behalf of eHealth (or
its affiliates, subsidiaries, employees, contractors, agents, business
partners or other third parties permitted to receive your information under
the eHealth Privacy Policy) at the email address or telephone number you
provided, even if that number is on a National or State Do Not Call List.
These calls may be for information and marketing purposes, such as to
provide you with information about eHealth’s services and your insurance
options, for assistance with applications, and to provide reminders of
deadlines. You are not required to provide your consent to these calls as a
condition of any purchase on or through eHealth, and you may revoke any
consent for marketing messages, phone calls or text messages as described
below. Standard text messaging and telephone minute charges applied by your
cell phone carrier will apply. eHealth may, without further notice or
warning and in our discretion, monitor and/or record telephone
conversations for our business purposes, such as quality assurance and
training purposes and to protect our rights and the rights of others.
1. Assistance. Reply HELP to a text message to receive help information
about our Service, or for any other questions, contact an eHealth
customer representative at 1-800-977-8860.
2. Opt-Out. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE
BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO
OPT OUT OF TEXTS, YOU MAY REPLY STOP FROM THE MOBILE DEVICE RECEIVING
THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A
WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A
CALL YOU RECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED
DURING THE CALL. TO OPT OUT OF SUCH TEXTS OR PHONE CALLS, YOU MAY ALSO
EMAIL US AT DONOTCALL@EHEALTHINSURANCE.COM WITH A REQUEST TO STOP
RECEIVING SUCH TEXTS OR CALLS AT A SPECIFIED PHONE NUMBER. You
understand and agree that you may: (i) continue to receive
communications while eHealth processes your opt-out request, (ii)
receive a communication confirming the receipt of your opt-out request,
and (iii) after opting out of receiving marketing messages, continue to
receive certain non-marketing communications by email or to a
non-wireless number, such as confirmations or updates related to your
account, insurance application or policy, or transactions through the
Service. You may also manage your communication preferences as set forth
in Section 4.3 below.
3. Updating Information. You may correct or update your contact
information, by contacting us at customerservice@ehealthinsurance.com or
by mail at Customer Service, eHealthInsurance.com, 2625 Augustine Drive,
Second Floor, Santa Clara, CA 95054. Additionally, once you have created
an account with us online at www.ehealthinsurance.com or one of our
other sites on the Service that allow account creation, you may update
your name, email address, phone number (if part of your account) and
password by clicking on the “My Account” or “Log In” or similar link on
this website and signing in using your email address and password.
5. Payment. If you provide payment information for purchasing or applying for
a product, then you will pay the applicable company that provides such
product.
6. User Content
1. User Content and Limited License Grant to eHealth and to Other Users.
Certain features of the Service may permit users to upload content to
the Service (“User Content“) and to publish User Content on the Service.
You retain copyright and any other proprietary rights that you may hold
in the User Content that you post to the Service. By posting or
publishing User Content, you grant eHealth a worldwide, non-exclusive,
royalty-free, fully paid right and license (with the right to
sublicense) to host, store, transfer, display, perform, reproduce,
modify for the purpose of formatting for display, and distribute your
User Content, in whole or in part, in any media formats and through any
media channels now known or hereafter developed.
2. User Content Representations and Warranties. You are solely responsible
for your User Content and the consequences of posting or publishing User
Content. By posting or publishing User Content, you represent and
warrant that: (a) you are the creator and owner of the User Content, or
have the necessary licenses, rights, consents, and permissions to
authorize eHealth and users of the Service to use and distribute your
User Content as necessary to exercise the licenses granted by you in
this section, in the manner contemplated by eHealth, the Service, and
these Terms; and (b) your User Content, and the use of your User Content
as contemplated by these Terms, does not and will not: (i) infringe,
violate, or misappropriate any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary
right; (ii) slander, defame, libel, or invade the right of privacy,
publicity or other property rights of any other person; or (iii) cause
eHealth to violate any law or regulation.
3. User Content Disclaimer. We are under no obligation to edit or control
User Content that you or other users post or publish, and will not be in
any way responsible or liable for User Content. eHealth may, however, at
any time and without prior notice, screen, remove, edit, or block any
User Content that in our sole judgment violates these Terms or is
otherwise objectionable. You understand that when using the Service you
will be exposed to User Content from a variety of sources and
acknowledge that User Content may be inaccurate, offensive, indecent, or
objectionable. You agree to waive, and do waive, any legal or equitable
right or remedy you have or may have against eHealth with respect to
User Content. We expressly disclaim any and all liability in connection
with User Content. If notified by a user or content owner that User
Content allegedly does not conform to these Terms, we may investigate
the allegation and determine in our sole discretion whether to remove
the User Content, which we reserve the right to do at any time and
without notice. For clarity, eHealth does not permit
copyright-infringing activities on the Service.
7. Digital Millennium Copyright Act
1. DMCA Notification. We comply with the provisions of the Digital
Millennium Copyright Act applicable to Internet service providers (17
U.S.C. §512, as amended). If you have an intellectual property
rights-related complaint about material posted on the Service, you may
contact our Designated Agent at the following address:
eHealthInsurance Services, Inc.
ATTN: Legal Department (Copyright Notification)
2625 Augustine Drive, Second Floor
Santa Clara, CA 95054
Email: legalreview@ehealth.com
Any notice alleging that materials hosted by or distributed through the
Service infringe intellectual property rights must include the following
information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other right being
infringed;
2. a description of the copyright-protected work or other intellectual
property right that you claim has been infringed;
3. a description of the material that you claim is infringing and where
it is located on the Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of
those materials on the Service is not authorized by the copyright
owner, its agent, or the law;
6. a statement by you that the above information in your notice is
accurate and that, under penalty of perjury, you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
2. Repeat Infringers. eHealth will promptly terminate without notice the
accounts of users that are determined by eHealth to be “Repeat
Infringers.” A Repeat Infringer is a user who has been notified of
infringing activity or has had User Content removed from the Service at
least twice.
8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
1. use the Service for any illegal purpose or in violation of any local,
state, national, or international law;
2. violate, or encourage others to violate, any right of a third party,
including by infringing or misappropriating any third party intellectual
property right;
3. post, upload, or distribute any content (including by chatting with
customer service) that is unlawful, defamatory, libelous, inaccurate, or
that a reasonable person could deem to be objectionable, profane,
indecent, pornographic, harassing, threatening, embarrassing, hateful,
or otherwise inappropriate;
4. interfere with security-related features of the Service, including by:
(a) disabling or circumventing features that prevent or limit use or
copying of any content; or (b) reverse engineering or otherwise
attempting to discover the source code of any portion of the Service
except to the extent that the activity is expressly permitted by
applicable law;
5. interfere with the operation of the Service or any user’s enjoyment of
the Service, including by: (a) uploading or otherwise disseminating any
virus, adware, spyware, worm, or other malicious code; (b) making any
unsolicited offer or advertisement to another user of the Service; (c)
attempting to collect personal information about another user or third
party without consent; or (d) interfering with or disrupting any
network, equipment, or server connected to or used to provide the
Service, or violating any regulation, policy, or procedure of any such
network, equipment, or server;
6. perform any fraudulent activity including impersonating any person or
entity, claiming a false affiliation, accessing any other Service
account without permission, or falsifying your age or date of birth;
7. sell or otherwise transfer the access granted under these Terms or any
Materials (as defined in Section 13) or any right or ability to view,
access, or use any Material;
8. use data mining, robots, or other data gathering devices on or through
the Service;
9. attempt to do any of the acts described in this Section 8, or assist or
permit any person in engaging in any of the acts described in this
Section 8.
9. Third-Party Services and Linked Websites. eHealth may provide tools through
the Service that enable you to export information to third party services.
By using one of these tools, you agree that we may transfer that
information to the applicable third-party service. Third party services are
not under our control, and we are not responsible for any third party
service’s use of your exported information. The Service may also contain
links to third-party websites. Linked websites are not under our control,
and you agree we are not responsible for their content. When you use
Services that utilize Google Maps, you are subject to the Google
Maps/Google Earth Additional Terms of Service (including the Google Privacy
Policy).
10. Termination of Use; Discontinuation and Modification of the Service. You
may terminate your account at any time by contacting customer service,
including by emailing customerservice@ehealthinsurance.com. If you violate
any provision of these Terms, your permission from us to use the Service
will terminate automatically. In addition, eHealth may in its sole
discretion terminate your user account on the Service or suspend or
terminate your access to the Service at any time for any reason or no
reason, with or without notice. We also reserve the right to modify or
discontinue the Service at any time (including by limiting or discontinuing
certain features of the Service), temporarily or permanently, without
notice to you. You agree we will have no liability whatsoever on account of
any change to the Service or any suspension or termination of your access
to or use of the Service.
11. Privacy Policy; Additional Terms
1. Privacy Policy. Please read the eHealth Privacy Policy carefully for
information relating to our collection, use, storage and disclosure of
your personal information. The eHealth Privacy Policy is incorporated by
this reference into, and made a part of, these Terms.
2. Additional Terms. Your use of the Service is subject to all additional
terms, policies, rules, or guidelines applicable to the Service or
certain features of the Service that we may post on or link to from the
Service (the “Additional Terms“), such as end-user license agreements
for any downloadable software applications, or rules that are applicable
to a particular feature or content on the Service, subject to Section
12. All Additional Terms are incorporated by this reference into, and
made a part of, these Terms.
12. Modification of these Terms. We reserve the right, at our discretion, to
change these Terms on a going-forward basis at any time. Please check these
Terms periodically for changes. If a change to these Terms materially
modifies your rights or obligations, you may be required to indicate your
assent to the modified Terms. Notwithstanding the foregoing, any use of the
Service after the Terms are modified constitutes your acceptance of the
modified Terms. Disputes arising under these Terms will be resolved in
accordance with the version of these Terms that was in effect at the time
the dispute arose.
13. Ownership; Proprietary Rights. The Service is owned and operated by
eHealth. The visual interfaces, graphics, design, compilation, information,
data, computer code (including source code or object code), products,
software, services, and all other elements of the Service (“Materials”)
provided by eHealth are protected by intellectual property and other laws.
All Materials included in the Service are the property of eHealth or our
third-party licensors. Except as expressly authorized by eHealth, you may
not make use of the Materials. eHealth reserves all rights to the Materials
not granted expressly in these Terms.
14. Feedback. If you choose to provide input and suggestions regarding problems
with or proposed modifications or improvements to the Service (“Feedback“),
then you hereby grant eHealth an unrestricted, perpetual, irrevocable,
non-exclusive, fully-paid, royalty-free right to exploit the Feedback in
any manner and for any purpose, including to improve the Service and create
other products and services.
15. Indemnity. To the fullest extent permitted by law, you are responsible for
your use of the Service, and you will defend and indemnify eHealth and its
officers, directors, employees, consultants, affiliates, subsidiaries,
agents, business partners and other third parties permitted to receive your
information under eHealth Privacy Policy (together, the “eHealth Entities“)
from and against every claim, liability, damage, loss, and expense,
including reasonable attorneys’ fees and costs, arising out of or in any
way connected with: (a) your access to, use of, or alleged use of, the
Service; (b) your violation of any portion of these Terms, any
representation, warranty, or agreement referenced in these Terms, or any
applicable law or regulation; (c) your violation of any third-party right,
including any intellectual property right or publicity, confidentiality,
other property, or privacy right; or (d) any dispute or issue between you
and any third party. We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you (without limiting your indemnification obligations
with respect to that matter), and in that case, you agree to cooperate with
our defense of that claim.
16. Disclaimers; No WarrantiesTHE SERVICE AND ALL MATERIALS AND CONTENT
AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE”
BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE EHEALTH ENTITIES
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING
TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE,
INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B)
ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE
FULLEST EXTENT PERMITTED BY LAW, THE EHEALTH ENTITIES DO NOT WARRANT THAT
THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT
OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF
ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY
OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT
AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE
EHEALTH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE
TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ANY
DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR
DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE
THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND
USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE
SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND
RISK, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM
OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA
THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT
MATERIAL OR CONTENT.
17. Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT
WILL THE EHEALTH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF
PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING
TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE
SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT ANY EHEALTH ENTITY HAS BEEN INFORMED OF
THE POSSIBILITY OF DAMAGE.TO THE FULLEST EXTENT PERMITTED BY LAW, AND
EXCEPT AS PROVIDED IN SECTION 21.4(iii), THE AGGREGATE POTENTIAL LIABILITY
OF THE EHEALTH ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO
THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE
UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO
$100.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF
LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO
AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS
ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE
PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER
PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY
EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. No Advice. The Materials are for informational purposes only. No Material
is intended to be a substitute for professional medical advice, diagnosis,
or treatment. Always seek the advice of your physician or other qualified
health provider with any questions you may have regarding a medical
condition. Never disregard professional medical advice or delay in seeking
it because of something you have read on the Service. If you think you may
have a medical emergency, call your doctor or 911 immediately. eHealth does
not recommend or endorse any specific tests, physicians, products,
procedures, opinions, insurance coverage or other information that may be
mentioned on the Service. Reliance on any information provided by eHealth,
eHealth employees, or other visitors to the Service is solely at your own
risk.
19. Governing Law. These Terms are governed by the laws of the State of
California without regard to conflict of law principles. If a lawsuit or
court proceeding is permitted under these Terms, then you and eHealth agree
to submit to the personal and exclusive jurisdiction of the state courts
and federal courts located within Santa Clara County, California for the
purpose of litigating any dispute. We operate the Service from our offices
in California, and we make no representation that Materials included in the
Service are appropriate or available for use in other locations.
20. General. These Terms, together with the Privacy Policy and any other
agreements expressly incorporated by reference into these Terms, are the
entire and exclusive understanding and agreement between you and eHealth
regarding your use of the Service. Except as expressly permitted above,
these Terms may be amended only by a written agreement signed by authorized
representatives of all parties to these Terms. You may not assign or
transfer these Terms or your rights under these Terms, in whole or in part,
by operation of law or otherwise, without our prior written consent. We may
assign these Terms at any time without notice or consent. The failure to
require performance of any provision will not affect our right to require
performance at any other time after that, nor will a waiver by us of any
breach or default of these Terms, or any provision of these Terms, be a
waiver of any subsequent breach or default or a waiver of the provision
itself. Use of section headers in these Terms is for convenience only and
will not have any impact on the interpretation of any provision. If any
part of these Terms is held to be invalid or unenforceable, the
unenforceable part will be given effect to the fullest extent permitted by
law, and the remaining parts will remain in full force and effect. Upon
termination of these Terms, Sections 2, 4, and 6 through 22, along with the
Privacy Policy and any other accompanying agreements, will survive.
21. Dispute Resolution and Arbitration
1. Generally. In the interest of resolving disputes between you and eHealth
in the most expedient and cost effective manner, you and eHealth agree
that any dispute arising out of or in any way related to these Terms or
your use of the Service will be resolved by binding arbitration.
Arbitration is less formal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, may allow for more
limited discovery than in court, and can be subject to very limited
review by courts. Arbitrators can award the same damages and relief that
a court can award. This agreement to arbitrate disputes includes all
claims arising out of or in any way related to these Terms or your use
of the Service, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of whether
a claim arises during or after the termination of these Terms. YOU
UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EHEALTH
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION.
2. Exceptions. Despite the provisions of Section 21.1 above, nothing in
these Terms will be deemed to waive, preclude, or otherwise limit the
right of either party to: (a) bring an individual action in small claims
court; (b) pursue an enforcement action through the applicable federal,
state, or local agency if that action is available; (c) seek injunctive
relief in a court of law; or (d) to file suit in a court of law to
address an intellectual property infringement claim (including any claim
based on the unauthorized use of the Service).
3. Arbitrator. Any arbitration between you and eHealth will be governed by
the Federal Arbitration Act, and governed by the Commercial Dispute
Resolution Procedures and the Supplementary Procedures for Consumer
Related Disputes (collectively, “AAA Rules“) of the American Arbitration
Association (“AAA“), as modified by these Terms, and will be
administered by the AAA. The AAA Rules and filing forms are available
online at www.adr.org, by calling the AAA at 1-800-778-7879, or by
contacting eHealth. The arbitrator has exclusive authority to resolve
any dispute relating to the interpretation, applicability, or
enforceability of this binding arbitration agreement.
4. Notice; Process. A party who intends to seek arbitration must first send
a written notice of the dispute to the other party by U.S. Mail or
electronic mail (“Notice“). eHealth’s address for Notice is: 2625
Augustine Drive, Second Floor, Santa Clara, CA 95054 or
legalreview@ehealth.com. The Notice must: (a) describe the nature and
basis of the claim or dispute; and (b) set forth the specific relief
sought (“Demand“). The parties will make good faith efforts to resolve
the claim directly, but if the parties do not reach an agreement to do
so within 30 days after the Notice is received, you or eHealth may
commence an arbitration proceeding. During the arbitration, the amount
of any settlement offer made by you or eHealth must not be disclosed to
the arbitrator until after the arbitrator makes a final decision and
award, if any. If the dispute is finally resolved through arbitration in
your favor, eHealth will pay you the highest of the following: (i) the
amount awarded by the arbitrator, if any; (ii) the last written
settlement amount offered by eHealth in settlement of the dispute prior
to the arbitrator’s award; or (iii) $1,000.
5. Fees. If you commence arbitration in accordance with these Terms,
eHealth will reimburse you for your payment of the filing fee, unless
your claim is for more than $15,000 or as set forth below, in which case
the payment of any fees will be decided by the AAA Rules. Any
arbitration hearing will take place at a location to be agreed upon in
Santa Clara County, California, but if the claim is for $15,000 or less,
you may choose whether the arbitration will be conducted: (a) solely on
the basis of documents submitted to the arbitrator; (b) through a
non-appearance based telephone hearing; or (c) by an in-person hearing
as established by the AAA Rules in the county (or parish) of your
billing address. If the arbitrator finds that either the substance of
your claim or the relief sought in the Demand is frivolous or brought
for an improper purpose (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)), then the payment of all fees
will be governed by the AAA Rules. In that case, you agree to reimburse
eHealth for all monies previously disbursed by it that are otherwise
your obligation to pay under the AAA Rules. Regardless of the manner in
which the arbitration is conducted, the arbitrator must issue a reasoned
written decision sufficient to explain the essential findings and
conclusions on which the decision and award, if any, are based. The
arbitrator may make rulings and resolve disputes as to the payment and
reimbursement of fees or expenses at any time during the proceeding and
upon request from either party made within 14 days of the arbitrator’s
ruling on the merits.
6. No Class Actions. YOU AND EHEALTH AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and eHealth agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may
not otherwise preside over any form of a representative or class
proceeding.
7. Modifications to this Arbitration Provision. If eHealth makes any future
change to this arbitration provision, other than a change to eHealth’s
address for Notice, you may reject the change by sending us written
notice within 30 days of the change to eHealth’s address for Notice, in
which case this arbitration provision, as in effect immediately prior to
the changes you rejected, will continue to govern any disputes between
you and eHealth.
8. Enforceability. If Section 21.6 is found to be unenforceable or if the
entirety of this Section 21 is found to be unenforceable, then the
entirety of this Section 21 will be null and void and, in that case, the
parties agree that the exclusive jurisdiction and venue described in
Section 19 will govern any action arising out of or related to these
Terms or your use of the Service.
9. Opt Out. Arbitration is not a mandatory condition of these Terms. If you
do not want to be subject to this Dispute Resolution and Arbitration
provision, you may opt out of this Dispute Resolution and Arbitration
provision by notifying eHealth in writing of your decision, either by
sending, within thirty (30) days of the date you accept these Terms, (1)
an electronic message to legalreview@ehealth.com, stating clearly your
name and intent to opt out of the Dispute Resolution and Arbitration
provision or (2) a letter sent by overnight mail by any nationally
recognized delivery service (e.g, UPS, Federal Express, etc.), or by
hand delivery to: Legal Department, 2625 Augustine Drive, Second Floor,
Santa Clara, CA 95054. In order to be effective, the letter under option
(2) must clearly indicate your intent to opt out of this Dispute
Resolution and Arbitration provision, and must be dated and signed. If
emailed or hand delivered, the signed letter must be received within
thirty (30) days of your acceptance of these Terms. If sent by overnight
delivery service, the letter must be submitted for delivery to the
delivery service within thirty (30) days from the date you accept these
Terms. Should you choose not to opt out of this Dispute Resolution and
Arbitration provision within the 30-day period, you and eHealth will be
bound by the terms of this Dispute Resolution and Arbitration provision.
You have the right to consult with counsel of your choice concerning
this Dispute Resolution and Arbitration provision. You understand that
you will not be subject to retaliation if you exercise your right to opt
out of coverage under this Dispute Resolution and Arbitration provision.
22. Consent to Communications. By using the Service, and subject to Section 4,
you consent to receiving certain electronic communications from us as
further described in our Privacy Policy. Please read our Privacy Policy to
learn more about our electronic communications practices. You agree that
any notices, agreements, disclosures, or other communications that we send
to you electronically will satisfy any legal communication requirements,
including that those communications be in writing.
23. Contact Information. The Service is offered by eHealthInsurance Services,
Inc., located at 2625 Augustine Drive, Second Floor, Santa Clara, CA 95054.
You may contact us by sending correspondence to that address or by emailing
us at customerservice@ehealthinsurance.com.
This website and its contents are for informational purposes only. Nothing on
the website should ever be used as a substitute for professional medical advice.
You should always consult with your medical provider regarding diagnosis or
treatment for a health condition, including decisions about the correct
medication for your condition, as well as prior to undertaking any specific
exercise or dietary routine.
eHealth and Advocate Aurora Health are independent entities and not affiliated
in any way
eHealth's Medicare website is operated by eHealthInsurance Services, Inc., a
licensed health insurance agency doing business as eHealth. The purpose of this
site is the solicitation of insurance. Contact may be made by an insurance
agent/producer or insurance company. eHealth and Medicare supplement insurance
plans are not connected with or endorsed by the U.S. government or the federal
Medicare program. We offer plans from a number of insurance companies.
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