Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE.
By accessing seekmedicare.com, using any of our services and/or accessing and using any other websites or any of the Content (as defined below) on which these Terms and Conditions reside (collectively also referred to herein as the “Service”), you acknowledge that you agree to and are subject to the following Terms and Conditions, including without limitation, binding arbitration (described in Section 2 below), SeekMedicare’s Privacy Policy, E-Sign Consent, and any operating rules, policies, and procedures that may be published from time to time in connection with the Service (collectively, the“Terms”).
NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND THAT LIMIT OUR LIABILITY TO YOU.
If you do not agree to these Terms, you may not access or otherwise use the Service or the Content. The Terms constitute a legally binding agreement between you and us, Seek Insurance Services, Inc., the operator of the Service (hereafter referred to as “we”, “us” or “our”). References in these Terms to “Service operator,” “we”, “us”, and “our” include our affiliates, agents, successors and assigns. The Service is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is intended for and made available only to residents of the United States, age 18 or older. By accessing and using the Service, you accept and agree to, without qualification, the Terms, and represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Service, including the provision or use of any Content, does not violate any applicable law.
Service. SeekMedicare is a licensed insurance broker that provides potential consumers with information and decision-support material to assist them in making an informed decision regarding their Medicare insurance choices. We also provide an online portal to help potential consumers shop and apply for various health insurance and related products offered by third-party insurance providers (each a“Provider”). Consumers who have applied through the Service to receive insurance or other authorized quotations from a Provider (each, a “Consumer”), and all Consumers and potential Consumers that use the Service are collectively called the Service’s “Users”(and hereafter may be referred to as “you” or “your”). We may, with your authorization, collect certain information from you to facilitate your application with a Provider and for other purposes. All information that you submit is subject to verification by SeekMedicare, the Provider, or an applicable federal or state government agency, so please ensure that any information provided is correct, current, and complete. You agree that all information you provide in connection with your use of the Service or otherwise provided to us is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You may have the option of registering for an account with us (“Account”). When you register for an Account, you will be asked to provide certain details or other information, such as contact information. We will also ask you to choose a username, password, and other information that may be used for safeguarding your Account. You must treat such information as confidential, and you must not disclose it to any other person. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to your Account using your username, password, or any other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you fully exit from your Account at the end of each session. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. Through your Account, you may also adjust your preferences as to how and how often SeekMedicare communicates with you.
Dispute Resolution by Binding Arbitration.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. You agree to attempt in good faith to settle any dispute or claim that has or may arise between us, which arises out of or relates in any way to these Terms or your use of the Service or the Content, including, without limitation, any dispute or claim between you and a Provider (each, a “Claim”), by way of consultations between you and us, which consultations will be initiated upon written notice by any party to the other (the“Consultation Notice”). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought (“Demand”). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this Section 2. Any Section 2. Any notice to us under this Section 2 should be addressed to:legal@seekmedicare.com (“Notice Address”).YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND US, OR ANY PROVIDER, THAT CANNOT BE AMICABLY RESOLVED IN ACCORDANCE WITH THE FOREGOING PARAGRAPH.This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (a) Claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and (b) claims that could be alleged as class action Claims (and you agree to waive the right to participate in a class action in accordance with this Section 2). For the avoidance of doubt, references in this Section 2 to “Provider”, “we”, “Consumer”, “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service, and information or Content available through the use of the Service. This arbitration agreement does not preclude you from bringing an individual action in small claims court if your Claims qualify, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Further, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or the Federal Trade Commission. You agree that, by entering into this arbitration agreement, you and we are each waiving our respective rights to a trial by jury or to participate in a class or representative action, and that arbitration of disputes pursuant to this Section 2 shall be in your individual capacity. THIS MEANS YOU ARE LIMITING YOUR RIGHT TO APPEAL AND ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE, OR JOIN THE CLAIMS OF OTHER PARTIES WHO MAY BE SIMILARLY SITUATED OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the Terms or your Service. The arbitration will be governed by the American Arbitration Association (“AAA”) under its then-prevailing rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Agreement (but expressly excluding the Supplementary Rules for Class Arbitration and any other AAA Rules that conflict with the waiver of class arbitration and representative proceedings below), and will be administered by one (1) arbitrator with relevant industry experience appointed in accordance with the AAA Rules. The AAA Rules are available at https://www.adr.org/Rules or by calling(800) 778-7879. The arbitrator is bound by the terms of this Agreement and shall apply Minnesota law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. All issues are for the arbitrator to decide, including, without limitation, issues relating to the applicability and enforceability of this arbitration agreement.
Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings under this Section 2 will take place in the county where you are domiciled. If your Claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for in this Section 2, in any arbitration between you and us under this Section 2, all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above where Claims for damages do not exceed $10,000 shall, at your written request, be paid by us. Any request for payment of fees by us shall be submitted by mail to the AAA along with your demand for arbitration, and we will arrange to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, 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, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. The arbitrator shall not be bound by rulings in prior arbitrations involving our other Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law.
With the exception of the provision in the preceding paragraph prohibiting class arbitration or representative proceedings, if an arbitrator or court decides that any part of this Section 2 is invalid or unenforceable, the other parts of this Section 2 shall still apply to the maximum extent possible. If the foregoing prohibition on class arbitration or representative proceedings is deemed invalid or unenforceable, then the entirety of this Section 2 shall be null and void. The remainder of the Terms, including, without limitation, Section 16 (Choice of Law and Forum), will remain in force.
You may opt-out of this arbitration provision only by written notice to us at the Notice Address (legal@seekmedicare.com) within thirty (30) days of your acceptance of these Terms and arbitration agreement, which notice shall include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
If we make any change to this arbitration provision (other than a change to the Notice Address) during the term of your relationship with us, that change shall not apply to any Claim against us initiated prior to the effective date of the change. The change shall apply to all other Claims that have arisen or may arise between you and us. We will notify you of changes to this arbitration provision by posting the amended terms through the Service or by email, in each case at least thirty (30) days before the effective date of the changes.
Notwithstanding anything to the contrary in these Terms, Providers shall be third-party beneficiaries of the rights to dispute resolution and arbitration set forth in this Section 2, and each Provider shall have the right to enforce this Section 2 against Users as if such Provider were a party to the agreement set forth in this Section 2 in the event of any dispute or claim between you and such Provider based on or relating to any transaction or interaction between you and such Provider that is enabled by or arises in connection with your use of the Site.
DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Electronic Communications; Text Messaging; Telephone Calls. You acknowledge and agree that:
We may contact you at the contact information provided via email, direct dial telephone call, recurring text messages, prerecorded or artificial voice messages, or the use of an “automated telephone dialing system” or “autodialer,” even if a telephone number you provided is on a federal or state Do Not Call List, with informational, marketing, and other commercial messages in accordance with these Terms and applicable law (collectively, “Communications”). For example, Communications may concern information about features of the Service or other services provided by SeekMedicare, your insurance applications or policies, technical and other assistance with the Service, reminders of deadlines related to your Account or insurance policy, marketing content describing about SeekMedicare, or to just see how you are doing.
If you provided us with a mobile telephone number, you are the wireless subscriber or customary user of the mobile telephone number(s) and that you have the authority to provide consent for us to send Communications to that number. If you change or no longer use that mobile telephone number you will promptly tell us so we can update our records.
You understand that providing your consent to receive Communications was not required as a condition of any purchase with or through SeekMedicare.
We may 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.
If you wish to stop receiving marketing Communications from us, you can do so at any time by following the opt-out or unsubscribe methods included in the relevant Communication. Specifically, to opt out of emails you would press the “UNSUBSCRIBE” or similar link in the email itself, to opt out of text messages you would reply STOP from the mobile device receiving the text messages, and to no longer receive recorded or other telephone calls you would 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. You will receive a Communication confirming your unsubscribe, opt-out, or do-not-call request shortly after making such a request. If you want to begin receiving Communications again, please do so here. You will also continue to receive certain non-marketing Communications from us as required or permitted under these Terms, the terms of your insurance agreement, or applicable law. For example, we may send annual disclosures at the request of your insurer or confirming transactions through the Service.
Text messages and calls to mobile phone numbers may be through the following participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). T-Mobile is not liable for delayed or undelivered messages.
Please be aware that message and data rates from your wireless provider may apply to any text messages or calls sent to you from us and to us from you. If you have any questions about your message or data plan, please contact your wireless provider. If you have any questions regarding our Communications or you require other assistance from us, please contact us at (844)-955-3690 or 711 for TTY service or email hello@seekmedicare.com. You can also request assistance by using the prompts provided in the Communications (e.g., text “HELP“ to number contained in the text message).
Service Content. The Service and its visual interfaces, graphics, information, data, products, services, and all other elements (collectively “Content”) is for informational purposes only. Our Content is not a recommendation or endorsement of any specific physician, plan, products, procedures, opinions, insurance coverage, or other information that may be accessed through the Service, nor is our Content intended to be a substitute for professional medical advice and should not be relied on by you in making any medical decisions. Please always consult with a qualified and licensed healthcare professional. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Changes to the Service. We may change, discontinue, or suspend any aspect of the Service at any time, including the availability of any Service features, Content, or database. We may also impose limits on certain services or features or restrict your access to all or part of the Service without notice to you or liability to us.
Proprietary Rights. The Content along with the Service’s design, compilation, computer code (including source code or object code), and software are owned, operated, and provided by SeekMedicare or various third-party licensors, and are protected by intellectual property and other laws. You may not use our Service, the Content, or any component of either for any purpose other than for the Permitted Use. The SeekMedicare logo, SeekMedicare™ and all other trademarks, service marks, trade names, logos, domain names, URLs, and icons (“Marks”) appearing on the Service or in its Content, registered or not, are the property of Seek Insurance Services Inc. or their respective owners. Nothing on the Service grants you any license or right to use any of the Marks and any unauthorized use may violate trademark and other laws.
User Content. Certain features of the Service may permit users to interact with other users or persons by uploading or posting content (“User Content”). All User Content must comply with these Terms and shall be considered non-confidential and non-proprietary. By posting or publishing User Content, you grant SeekMedicare a worldwide, non-exclusive, royalty-free, perpetual, fully paid right and license (with the to sublicense) to use, reproduce, modify, display, distribute, and otherwise disclose such User Content in any media formats and through any media channels now known or hereafter developed for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to SeekMedicare and that the User Content does not and will not violate these Terms.
You are responsible for any User Content you contribute and you, not SeekMedicare, have full responsibility for such User Content. We do undertake review of User Content before it is posted to the Service and accordingly we are not responsible or liable to you or any third party for the User Content or accuracy of any User Content posted by you or any other user of the Service.
SeekMedicare may take any action with respect to User Content that it deems necessary or appropriate, in our sole discretion, including removal of any User Content for violating these Terms, applicable law, the intellectual property rights of others, or for any other reason that we believe could create liability for SeekMedicare or its partners and affiliates.
Prohibited Conduct. By using the Service, you agree not to:
Use the Service for any purpose other than the permitted purposes contained in these Terms, including an illegal purpose or in violation of any local, state, national, or international law.
Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
Post, upload, or distribute any User 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.
Interfere with security-related features of the Service, including by:
disabling or circumventing features that prevent or limit use or copying of any content, or
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.
Interfere with the operation of the Service or any user’s enjoyment of the Service, including by:
uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code,
making any unsolicited offer or advertisement to another user of the Service,
attempting to collect personal information about another user or third party, or
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.
Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsifying your age or date of birth.
Sell or otherwise transfer the access granted under these Terms or any Content or any right or ability to view, access, or use any Content.
Use data mining, robots, or other data gathering devices on or through the Service.
Attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
Digital Millennium Copyright Act. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature, (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works, (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address), (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, (f) a statement that the information in the written notice is accurate, and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Seek Insurance Services, Inc.
ATTN: DMCA Notice
907 Shady Drive SE
Vienna, VA 22180
Email: legal@seekmedicare.comIf you fail to comply with the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must comply with Section 512(g)(3) of the DMCA. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly and materially misrepresent that material, or activity on the Service is infringing your copyright, or that such material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy, in appropriate circumstances, to disable and/or terminate the Accounts of users who are repeat infringers.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify SeekMedicare and its officers, directors, employees, consultants, affiliates, subsidiaries, agents, business partners and other third parties permitted to receive your information under our Privacy Policy (together, “Seek 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.
Disclaimers; No Warranties
THE SERVICE AND ALL 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 PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE, INFORMATION, FUNCTIONS AND MATERIALS AVAILABLE THROUGH THE SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE, CONTENT OR MATERIALS CONTAINED THEREIN WILL MEET YOUR NEEDS, BE COMPLETE OR ACCURATE, BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER‘S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY ANY DAMAGE TO USER‘S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH DATA. NO INFORMATION OBTAINED BY USER THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SEEK 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 CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SEEK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE POTENTIAL LIABILITY OF THE SEEK 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 THE GREATER OF (a) THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOUR PURCHASE OF A PRODUCT THROUGH THE SERVICE DURING THE SIX CALENDAR MONTHS PREDATING THE ACCRUAL OF SUCH ALLEGED CLAIM(S), AND (b) $200.00.
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 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Any cause of action you may have hereunder or with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action first arises. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH A NEW JERSEY RESIDENT ARE THE RESULT OF SEEKMEDICARE'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Release. In the event that you have a dispute with any Provider, Consumer, User, or other third party, including without limitation any other user of the Service, arising from or in connection with the use of the Service, you hereby agree to release, remise and forever discharge us and our agents, directors, officers, employees, shareholders and all other related persons or entities from any and all manner of rights, complaints, demands, claims, causes of action, proceedings, obligations, liabilities, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute or your use of the Service. If you are a California resident, you hereby waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
Termination of Use; Discontinuation and Modification of the Service. You may terminate your use of the Service or, if applicable, your Account at any time by contacting us at hello@seekmedicare.com. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. SeekMedicare may also, in its sole discretion, suspend, terminate, or restrict access to your Account or the Service at any time for any reason or no reason, with or without notice. You agree we will have no liability to you due to any suspension or termination of your access to or use of your Account or the Service.
Third-Party Services and Linked Websites.SeekMedicare 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, so please review any third-party service providers terms prior to using their services. The Service may also contain links to third-party websites, and any such 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).
Governing Law. These Terms are governed by the laws of the state of Minnesota without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and SeekMedicare agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Minneapolis, Minnesota for the purpose of litigating any dispute. We operate the Service from our offices in the United States, and we make no representation that Content included in the Service is appropriate or available for use in other locations.
Modification of the 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 these 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.
Acknowledgment. You acknowledge that you have read and understand these Terms, and that these Terms have the same force and effect as a signed agreement. These Terms shall confer no rights upon any other party other than the parties hereto.
E-Sign Consent. In this E-Sign Consent, the following definitions apply: (i) “you” and “your” refer to you, the User; (ii) “We,” “us,” and “our” refer to Seek Insurance Services, Inc. and its affiliates, agents, successors and assigns. By clicking the “I agree” button, which you adopt as your electronic signature, you consent and agree that:
We can provide you disclosures required by law, and other information about your legal rights and duties, electronically.
Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
We can send all communications and disclosures, including, but not limited to, this E-Sign Consent, the telephone and e-mail contact consent, and the Privacy Policy and Terms of Use (collectively defined as “Disclosures”) to you electronically: (1) via e-mail; (2) by access to a website that we designate in an e-mail notice we send to you at the time the information is available; or (3) to the extent permissible by law, by access to a website that we generally designate in advance for such purpose.
If you would like a paper copy, you can print a copy of the Disclosures or download the information for your records.
This consent applies to: (1) your use of the Service and other products or services offered by or through us; (2) all future Disclosures associated with us; and (3) all future transactions with us, at any time, and to other Disclosures that we provide to you by email, unless you have, prior to such transaction, withdrawn your consent by the procedure mentioned below.
You understand that, to access and retain the electronic Disclosures, you will need the following:
A computer with an Internet connection.
A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.
A valid email address.
Sufficient storage space to save past Disclosures and/or an installed printer to print them.
If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add @seekmedicare.com to your email address book.
You understand that you may request paper copies of the Disclosures, and that we will provide them to you by mail at no charge. You can request paper copies and/or withdraw consent by contacting us at: Seek Insurance Services, Inc., 907 Shady Drive SE, Vienna, VA 22180.
Any withdrawal of your consent to receive electronic Disclosures will be effective only after we have a reasonable period to process your withdrawal. You understand and agree that if you withdraw your consent to receive electronic Disclosures, we may—though we are not obligated to—cancel your Account.
At any time, you can update the email address to which we will send alerts that Disclosures are available. You can change your email address by contacting us at: legal@seekmedicare.com.
By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you. When we send you an email or other electronic notification alerting you that Disclosures are available electronically and we do in fact make them available online, that shall have the same meaning and effect as if we provided paper Disclosures to you, whether or not you choose to view the Disclosures, unless you had previously withdrawn your consent to receive Disclosures electronically. You understand and agree that Disclosures are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the e-mail address is invalid.
You understand and agree that we reserve the right to cancel this electronic Disclosure service, change the terms of use of this service or send Disclosures in paper form at any time.
You understand and agree that we are responsible for sending notice of the Disclosures to you electronically including at the email address you have provided, but are not responsible for any delay or failure in your receipt of the email notices.
General. These Terms, together with the Privacy Policy and any other understanding and agreement between you and SeekMedicare regarding your use of the Service. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. 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. 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, 3, 6 through 13, and 16 through 20, along with the Privacy Policy and any other accompanying agreements, will survive.
- Contact.
For inquiries concerning the Service or these Terms, you may email us at hello@seekmedicare.com, call us at (844)-955-3690, TTY: 711, or send written correspondence to: Seek Insurance Services, Inc., 907 Shady Drive SE, Vienna, VA 22180.
