www.medicaresearcher.com
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Submitted URL: https://nevermoveaway.org/pub/optout/UnsubscribeOneStepConfirmAction?YES&id=e4&_i=144/&uid=39c19/=true&_ri_=X1Gnd2XDZQphlL...
Effective URL: https://www.medicaresearcher.com/v_medsear_x9_1/step1.html
Submission: On October 20 via api from CA — Scanned from DE
Effective URL: https://www.medicaresearcher.com/v_medsear_x9_1/step1.html
Submission: On October 20 via api from CA — Scanned from DE
Form analysis
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Text Content
Loading... TTY: 711 Speak with a Live Representative Call Now: (855) 909-2593, TTY: 711Monday - Friday 10:00AM - 5:30PM EST UPGRADE YOUR 2022 MEDICARE BENEFITS SEE IF YOU COULD BE SAVING ON MEDICARE PLANS. -------------------------------------------------------------------------------- 25% COMPLETE! Takes Just 50 Seconds to Get FREE Quotes! What is your ZIP code? Required Zip code is not a number. Zip code is not 5 digits. Next PROVIDERS WE WORK WITH: Speak with a Live Representative CALL NOW: (855) 909-2593, TTY: 711 -------------------------------------------------------------------------------- Our site is privately owned, non-government website MedicareSearcher is an online lead generator, matching consumers with businesses that offer products and/or services of interest. MedicareSearcher is not a licensed broker, carrier or direct provider of insurance products or services. In order to perform the matching services and enable you to secure a quote from a provider, MedicareSearcher may require you to submit health information. Your responses, and the information you choose to submit in order to obtain a quote, will help improve the accuracy of your quote results. You understand, acknowledge and agree that the information you choose to provide to MedicareSearcher will be collected, stored and transmitted only to MedicareSearcher's partners, and solely for the purpose of matching you with businesses that can provide you with quotes. Make sure to compare rates and fees, as they can vary between health insurance providers and may depend on the state in which you reside. Medicare has neither reviewed nor endorsed this information. * Privacy Policy * Terms & Conditions * Contact Us * Unsubscribe * Data Request * Do Not Sell My Personal Information MedicareSearcher 8345 Northwest 66 Street, Suite 8577, Miami, FL 33166 Copyright 2021 MedicareSearcher All Rights Reserved Last modified: October 14, 2021 × MEDICARESEARCHER TERMS & CONDITIONS The MedicareSearcher website located at www.medicaresearcher.com (the "Site") will enable you to access information about various types of health insurance, health insurance options and provider information. When you use the Site, you represent and warrant that you understand that the Site is not affiliated with or managed, endorsed or sanctioned by any state or federal governmental agency or exchange, the Centers for Medicare & Medicaid or the Department of Health and Human Services. To see all available data on Qualified Health Plan options in your state, visit your state Marketplace website or go to the Health Insurance Marketplace website at www.HealthCare.gov. THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. The Site is an Internet property of MedicareSearcher and its affiliated companies ("MedicareSearcher," "we," our or "us"). You are agreeing to comply with and be bound by the following MedicareSearcher Terms and Conditions ("Terms and Conditions") when you: (a) access the Site; (b) apply for, request or obtain information and/or rate quotes (Rate Quote Services) regarding certain third party health insurance-related products and/or services (collectively, Third Party Quotes and Products) as offered by our third party health insurance service providers (Third Party Service Providers); and/or (c) view certain content, links and other material pertaining to the Third Party Service Providers, the Third Party Quotes and Products and other related text, graphics, photos and other content (collectively, Content, and together with the Site, Rate Quote Services and Site, the Site Offerings). The MedicareSearcher Privacy Policy ("Privacy Policy") and any and all other applicable MedicareSearcher operating rules, policies, price schedules and other supplemental terms and conditions that may be published from time to time are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the following terms of the Agreement carefully. If you do not agree to these Terms and Conditions and the terms of the Agreement in their entirety, you are not authorized to use the Site Offerings in any manner or form. MEDICARESEARCHER IS A PRODUCT AND/OR SERVICE MATCHING SERVICE, MATCHING CONSUMERS WITH PERSONS OR COMPANIES THAT OFFER PRODUCTS AND/OR SERVICES OF INTEREST TO THE CONSUMER. MEDICARESEARCHER IS NOT A LICENSED BROKER, CARRIER OR DIRECT PROVIDER OF INSURANCE PRODUCTS OR SERVICES. IN ORDER TO PERFORM THE MATCHING SERVICES AND ENABLE YOU TO SECURE A QUOTE FROM A PROVIDER, MEDICARESEARCHER MAY REQUIRE YOU TO SUBMIT HEALTH INFORMATION. YOUR RESPONSES AND THE INFORMATION YOU CHOOSE TO SUBMIT IN ORDER TO OBTAIN A QUOTE WILL HELP US IMPROVE THE ACCURACY OF YOUR QUOTE RESULTS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE INFORMATION YOU CHOOSE TO PROVIDE TO US WILL BE COLLECTED, STORED AND TRANSMITTED ONLY TO OUR PARTNERS AND SOLELY FOR THE PURPOSE OF MATCHING YOU WITH THIRD PARTY PROVIDERS WHO CAN PROVIDE YOU WITH QUOTES. 1. Acceptance of Agreement; Modification. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site Offerings. The Agreement constitutes the entire and only agreement between you and MedicareSearcher with respect to your use of the Site, and supersedes all prior and contemporaneous agreements, representations, warranties and/or understandings with respect to the Site Offerings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings after the Agreement has been changed, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes. 2. Requirements; Termination of Access. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law and who are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction). If a user is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that user is unable to enter into legally binding contracts under applicable law, that user does not have permission to use and/or access the Site Offerings. MedicareSearcher may terminate any users access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where MedicareSearcher believes that such user is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings. 3. Description of Site Offerings. The Site provides users with an opportunity to apply for certain Third Party Quotes and Products, as offered by MedicareSearcher's Third Party Service Providers. Please be advised that MedicareSearcher does not itself provide insurance products and/or services, and the ultimate terms and conditions of any product or service provided by its Third Party Service Providers will be determined by those Third Party Service Providers. To qualify to receive Insurance Services, you must first fully complete the application form located at the Site ("Site Application") and, in some cases, the application form set forth on the applicable Third Party Service Provider's website ("TP Application" and together with the Site Application, the "Full Application"). The information that you will supply on the Site Application includes, but is not limited to: (a) your full name; (b) mailing address; (c) e-mail address; (d) home, work and/or mobile telephone numbers; (e) who you intend to be covered by the policy; (f) the dollar amount of coverage you are intending to purchase; (g) the length of time of the coverage you are seeking; (h) whether you have used tobacco in the last twelve (12) months; (i) date of birth; (j) height and weight; (k) certain questions regarding your medical history; and (l) any and all other information requested on the applicable registration form (collectively, the "Site Registration Data"). The Site Application form will set forth the exact information that is required. MedicareSearcher's use of the Site Registration Data shall be governed by the Privacy Policy. To access the Privacy Policy, please click here. Upon entering your Site Registration Data and clicking on the applicable submission button on the Site, you may be redirected to the website of a Third Party Service Provider. MedicareSearcher may also transfer your Site Registration Data to its Third Party Service Providers in connection with facilitating the processing of your Third Party Quotes and Products application. The information that you must supply on the TP Application shall be determined by the applicable Third Party Service Provider(s) (the "TP Registration Data" and, together with the Site Registration Data, the "Registration Data"). Any information that you supply to any Third Party Service Provider shall be governed by that Third Party Service Provider's privacy policy. Third Party Quotes and Products application approval, and the ultimate terms and conditions of any product or service provided by any Third Party Service Provider(s), will be determined by those Third Party Service Providers. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that MedicareSearcher is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, Insurance Services or other Third Party Service Provider sponsored products and/or services, or for any dispute between you and any Third Party Service Providers. You understand and agree that MedicareSearcher shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any Third Party Service Providers. If MedicareSearcher terminates the Agreement for any reason, MedicareSearcher shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with MedicareSearcher The Agreement only governs your use of the Site. 4. Non-Endorsement; Passive Conduit. (a) MedicareSearcher does not sponsor, recommend or endorse any Third Party Service Provider that is accessible by or through the Rate Quote Services and/or other Site Offerings. The Third Party Service Providers that are accessible by and through the Rate Quote Services pay a fee for access to the users that utilize the Rate Quote Services. MedicareSearcher does not guarantee that users will successfully find Third Party Quotes and Products through the Site Offerings. (b) Please use caution and common sense when using the Site Offerings. MedicareSearcher in no way endorses the content or legality of any responses, statements or promises made by Third Party Service Providers or any other parties on the Site or otherwise through the Site Offerings. (c) The determination of the need for health insurance and the choice of health insurance providers are extremely important decisions and should not be based solely on advertisements, claims of expertise, or cost offered by any Third Party Service Provider. MedicareSearcher does not review the standing of any Third Party Service Providers with any regulatory authority or governmental agency. Therefore, MedicareSearcher makes no representation regarding the status, standing or ability of any Third Party Service Provider. When considering obtaining services from a Third Party Service Provider, users should check that Third Party Service Providers standing with the applicable regulatory and/or governmental agencies. (d) MedicareSearcher does not involve itself in the agreements between users and Third Party Service Providers or the actual provision of Third Party Quotes and Products in connection with the relationships created thereby. Therefore, MedicareSearcher does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its users or Third Party Service Providers. Each user, and not MedicareSearcher, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Service Providers that the user communicates with via the Rate Quote Service. Because MedicareSearcher is not involved in user interactions, in the event that you have a dispute with one or more Third Party Service Providers and/or other third-parties, you hereby release MedicareSearcher from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. 5. Content. The Site contains Content which includes, but is not limited to, links, text, video and/or other information pertaining to health insurance-related products and/or services. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. MedicareSearcher disclaims any and all liability for any loss, damage or injury based on Content or other information directly or indirectly obtained through the Site Offerings. 6. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings and associated Content in accordance with the Agreement. MedicareSearcher may terminate this license at any time for any reason. You may use the Site Offerings for your own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, Content or any portion thereof. MedicareSearcher reserves any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MedicareSearcher is prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the MedicareSearcher infrastructure. Your right to use the Site Offerings is not transferable. 7. Proprietary Rights. The Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property and moral) rights. The copying, redistribution, publication or sale by you of any part of the Site Offerings is strictly prohibited. You do not acquire ownership rights in the Site Offerings or any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by MedicareSearcher does not constitute a waiver of any right in such information and/or materials. 8. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete, at any time, any documents, information or other Content appearing on the Site. 9. Indemnification. You agree to indemnify, defend and hold MedicareSearcher, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site Offerings and/or Third Party Quotes and Products; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Service Provider; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 9 are for the benefit of MedicareSearcher, its parents, subsidiaries and affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf. 10. Disclaimer of Warranties. THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL PROMISES, GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MEDICARESEARCHER MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES THAT: (A) THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY QUOTES AND PRODUCTS OR OTHER INSURANCE SERVICES FROM OUR THIRD PARTY SERVICE PROVIDERS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS WILL BE ACCURATE OR RELIABLE OR SUFFICIENT FOR YOUR PARTICULAR NEEDS. THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDICARESEARCHER, ITS THIRD PARTY SERVICE PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS, SHALL CREATE ANY PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. 11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT MEDICARESEARCHER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF MEDICARESEARCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES ARE FORESEEABLE), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE OFFERINGS; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY QUOTES AND PRODUCTS FROM OUR THIRD PARTY SERVICE PROVIDERS; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTSAND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MEDICARESEARCHER AND ITS THIRD PARTY SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF MEDICARESEARCHER TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MEDICARESEARCHER. THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. 12. Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, the websites of Third Party Service Providers. Because MedicareSearcher has no control over such third party websites and/or resources, you hereby acknowledge and agree that MedicareSearcher is not responsible for the availability of such third party websites and/or resources. Furthermore, MedicareSearcher does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom. The Site may contain links to other third-party owned and/or operated websites and, where you request information from Third Party Providers, MedicareSearcher may transfer you directly to the websites of such Third Party Providers. MedicareSearcher is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and MedicareSearcher has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies or terms and conditions of such website. These third party entities are independent third parties and are not affiliated with us. 13. Privacy Policy/User Information. Use of the Site Offerings, and all comments, feedback, information, Site Registration Data or materials that you submit through or in association with the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To access the Privacy Policy, please click here. 14. Legal Warning. Any attempt by any individual, whether or not a MedicareSearcher customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and MedicareSearcher will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. 15. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (Final Settlement Offer). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the American Arbitration Association, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MedicareSearcher and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorneys fees and court costs that MedicareSearcher incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action, in binding arbitration as provided herein above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site. 16. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or any MedicareSearcher offering is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. MedicareSearcher may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 17. Contact Us. If you have any questions regarding the Agreement, would like more information from MedicareSearcher, wish to unsubscribe from emails MedicareSearcher or third party marketers (if applicable), or revoke any prior express written consent you may have given in order to be contacted for purposes of receiving an insurance quote, you may contact MedicareSearcher by any of the following means: (a) in writing to 8345 Northwest 66 Street, Suite 8577, Miami, FL 33166; (b) by email to info@MedicareSearcher.com; (c) by text message (STOP) sent to (855) 909-2593; (d) by facsimile to (866) 571-9618; (e) by phone call to our toll-free phone number, (855) 909-2593; or (f) orally, during the course of any call with MedicareSearcher. Without limiting any of the foregoing, you can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. We will consider all reasonable requests, and must say yes if you tell us you would be in danger if we do not. 18. California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov. × MEDICARESEARCHER - PRIVACY POLICY Effective January 1, 2020 Read this privacy policy carefully as it contains important information about how and why we collect, use, and share your personal information. It also explains certain rights you may have in relation to your personal information, and who you may contact to make certain requests. We may update or change this privacy policy, which you should periodically review. You may only use this website if you agree to the posted terms & conditions and this privacy policy. WHO WE ARE. We, us, and our mean AlliedCoverage LLC d/b/a MedicareSearcher and its affiliate and parent companies, as applicable. MedicareSearcher is a service that matches consumers with persons or companies that offer products or services of interest to them. MedicareSearcher is not a licensed broker, carrier or direct provider of insurance products or services. NO GOVERNMENT AFFILIATION. This website is not affiliated with or managed, endorsed or sanctioned by any state or federal governmental agency or exchange, the Centers for Medicare & Medicaid or the Department of Health and Human Services. To see all available data on Qualified Health Plan options in your state, visit your state Marketplace website or go to the Health Insurance Marketplace website at www.HealthCare.gov. CATEGORIES OF PERSONAL INFORMATION WE COLLECT. (A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, drivers license number, social security number, or other similar identifiers. (B) Related Information that identifies, relates to, describes, or is capable of being associated with, a particular individual such as his or her name, signature, physical characteristics or description, address, telephone number, drivers license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. (C) Characteristics of protected classifications under California or federal law. (D) Commercial Information (e.g., records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies). (E) Internet Activity such as electronic network activity information, browsing history, search history, and information regarding a consumers interaction with an Internet Web site, application, or advertisement. (F) Geolocation Data. (G) Audio, electronic, or similar information. (H) Professional or employment-related information. (I) Inferences such as those drawn from any of the information identified above to create a profile about a consumer reflecting the consumers preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. (J) We do not knowingly collect information from individuals under eighteen (18) years of age. No information should be submitted to, or posted at, our websites by individuals under eighteen (18) years of age. SOURCES OF PERSONAL INFORMATION. (A) Directly from you (e.g., via telephone, text message, email, website form submission, etc.). (B) Publicly accessible sources (e.g., property records, public directories, etc.). (C) Third parties (e.g., marketing vendors and social media, digital advertising, and data aggregation businesses). (D) Indirectly from you (e.g., via cookies, digital trackers, analytics, and IT and security systems). PURPOSES OF COLLECTING PERSONAL INFORMATION. (A) To fulfill the reason you provided the information (e.g., to match you with an insurance agent, provide support, respond to an inquiry, etc.). (B) To market products and services to you (including by third parties with whom we may share your personal information). (C) To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites and companies, and via email, telephone, text message, or other means (with your consent as required by applicable law). (D) For other marketing purposes. (E) To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business. (F) To evaluate or conduct a merger, restructuring, sale, or other corporate transaction in which personal information is among the assets transferred. (G) To investigate and prevent fraud and abuse of our website, products, and services. (H) To comply with our legal and regulatory obligations. (I) For other business purposes. WHO PERSONAL INFORMATION MAY BE SHARED WITH. (A) Persons or companies that offer insurance products or services (Insurance Providers). (B) Marketing vendors and social media, digital advertising, and data aggregation companies (Marketers). (C) Auditors, attorneys, consultants, professional service providers, etc. (Professional Services). (D) Other parties with a legal interest (including private parties and government or regulatory entities) (Legal Parties). (E) Other service providers we use to help provide our products or services (Service Providers). SALES AND DISCLOSURES OF PERSONAL INFORMATION IN THE PAST 12 MONTHS. (A) In the past 12 months, we have sold Identifiers, Related Information, Characteristics, Commercial Information, Internet Activity, Geolocation Data, and Professional information to Insurance Providers and Marketers. (B) In the past 12 months, we have disclosed for business purposes Identifiers, Related Information, Characteristics, Commercial Information, Internet Activity, Geolocation Data, Audio, Professional, and Inferences to Professional Services, Legal Parties, and other Service Providers. CALIFORNIA RIGHTS AND INFORMATION (A) California consumers have the right to request that businesses disclose certain information to them about the use of their personal information over the past 12 months. Upon receipt of a verifiable request, to the extent required and permitted by applicable law, we will disclose to California consumers: (i) the categories of personal information we collected about them; (ii) the categories of sources for the personal information we collected about them; (iii) our business or commercial purpose for collecting or selling that personal information; (iv) the categories of third parties with whom we share that personal information; (v) the specific pieces of personal information we collected about them; and (vi) If we sold or disclosed personal information for a business purpose, two separate lists disclosing (a) sales, identifying the personal information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. (B) California consumers have the right to request that businesses delete any of the personal information that they collected from consumers and retained, subject to certain exceptions. Upon receipt of a verifiable request, to the extent required and permitted by applicable law, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. (C) To request disclosure or deletion of your personal information, click the Data Request hyperlink located near the bottom of the landing page on our website, or dial the telephone number listed in our contact information. (D) California consumers have the right to direct businesses to not sell their personal information. To request that we do not sell your personal information, click the Do Not Sell My Personal Information hyperlink located near the bottom of the landing page on our website. (E) California consumers may not be discriminated against for exercising any of their rights under the California Consumer Privacy Act. Businesses may, however, offer certain financial incentives that can result in different prices, rates, or quality levels. (F) California's "Shine the Light" law permits California residents to request certain information regarding businesses disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please click the Data Request hyperlink located near the bottom of our website or write to us at the address listed in our contact information. (G) Some browsers have ?do not track features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. COOKIES AND TRACKING TECHNOLOGIES. We may collect personal information over time and across different websites, apps, and devices. We may also work with third parties that collect personal information this way. Examples of tracking tools we may use include browser and flash cookies, server logs, web beacons, and similar technologies. Examples of services we may use include Google AdWords and Facebook Custom Audiences. You can visit the help and settings sections of your browsers, mobile devices, social media companies, and other technology providers to learn about what options you may have to control their use of your data. You can also learn more about tracking technologies and how to control them by visiting the Federal Trade Commissions Online Tracking website located (as of December 2019) at https://www.consumer.ftc.gov/articles/0042-online-tracking#Understanding_Other_Online_Tracking TELEPHONE CALLS AND RECORDINGS. You provide your prior express written consent to receive marketing telephone calls and text messages (including those sent by automatic telephone dialing systems and including prerecorded messages) to any telephone number that you provide to us, even if that number is listed on a do-not-call registry. Consent is not a condition of purchasing any goods or services, and you can use our services or products without providing this consent by dialing the telephone number on our website. You also agree that all telephone calls and conversations with us and anyone we may transfer your telephone call to or from may be recorded for quality, customer-service, compliance, and regulatory purposes. RETENTION OF PERSONAL INFORMATION. We keep personal information for as long as is necessary to provide our products or services to you; to respond to any questions, complaints or claims made by you or on your behalf; to keep records required by law or to demonstrate compliance with regulations; and to fulfill the purposes set forth in this policy. INFORMATION SECURITY. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. Those processing your information as service providers will do so only in an authorized manner and are subject to a duty of confidentiality. CONTACT INFORMATION. Mail: AlliedCoverage LLC; Att: Privacy Team, 8345 Northwest 66 Street, Suite 8577, Miami, FL 33166 Email:info@MedicareSearcher.com Telephone: 855-905-2395 California Requests: Click the Data Request or Do Not Sell My Personal Information hyperlinks located near the bottom of the landing page on our website. × CONTACT US PHONE NUMBER (877) 404-1208 EMAIL ADDRESS info@MedicareSearcher.com MAILING ADDRESS 8345 Northwest 66 Street, Suite 8577 Miami, FL 33166 Full Name* Email* Phone Subject * Message Reason* I have suggestions or feedback about the site Remove me from MedicareSearcher email list I don't want to receive phone calls from MedicareSearcher Do Not sell my Personal information Other Submit Confirmed For more information or questions concerning the Health Insurance Portability and Accountability Act (HIPAA), please email hipaa@myquoteprovider.com or call (888) 907-2427. × CARRIERS AND PARTNER COMPANIES INCLUDE, WITHOUT LIMITATION, THE FOLLOWING (INCLUDING THEIR AGENTS): WELCOME BACK! 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