Terms & Conditions
Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using the OpenMedicare.com website and any associated mobile and software applications on which these Terms are posted (the "Service" or “Website”). The Service is offered by OpenMedicare LLC (“OpenMedicare,” "us," "we," or "our"). The Service includes all goods or services displayed on or offered through the Website. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
Dispute Resolution and Mandatory Arbitration
Binding Arbitration and Waiver of Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION IN CALIFORNIA BEFORE ONE ARBITRATOR. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHERS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules, including its Supplementary Procedures for Consumer-Related Disputes, unless the parties mutually agree to arbitration by a different arbitrator. The AAA's rules are available at www.adr.org. The arbitrator shall apply California laws. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in California. The parties each waive any objection to personal jurisdiction and venue. Upon request, we will pay your initial arbitration fee to AAA; however, if the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose, you will be responsible for reimbursing us for the initial arbitration fee, without limiting any other remedy available to us. The prevailing party shall be entitled to receive its reasonable attorney’s fees, legal costs, and any expenses incurred in such arbitration, and the arbitrator shall determine the prevailing party for this purpose. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less.
Provisional Remedies, Venue. THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN OHIO. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN OHIO.
Choice of Law. THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN OHIO AND SHALL BE GOVERNED BY CALIFORNIA LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
Disclaimers for Third-Party Information and Third-Party Products
The Service allows users to obtain information about health care coverage plans offered by third parties. The product descriptions and quotes provided by the Service are for informational purposes only and are qualified in their entirety by the information available from the third-party providers. Third-party authors are solely responsible for their content. OpenMedicare does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Other information on our Website and/or provided to you by us, including information regarding the availability of health care plans to you, potential coverage for any specific conditions, legal obligations with respect to obtaining or maintaining coverage, and costs of obtaining coverage, is all aggregated from third-party providers. Under no circumstances will OpenMedicare be responsible for any loss or damage resulting from your reliance on third-party information or on other content posted through the Service.
As part of our Service, we provide you the opportunity to receive health care coverage quotes from our network of providers (our “Marketing Partners”). You can view a list of our current Marketing Partners by clicking here. Our Service does not provide the opportunity to receive health care coverage quotes from all providers, only from those who are our Marketing Partners. There may be other health care coverage providers besides our Marketing Partners whose products you are eligible to purchase, and those products may be better suited for your needs than those offered by our Marketing Partners. Our inclusion of the Marketing Partners on our Website is not an endorsement or recommendation of these providers or of their products. All health insurance sold by OpenMedicare is processed by the licensed insurance producer, James Napolitano. You are responsible for performing your own due diligence in selecting a provider and health care coverage plan. You acknowledge and agree that OpenMedicare shall not be responsible for any damage or loss caused or alleged to be caused by your decision to purchase health care coverage from any of our Marketing Partners.
A quote is not a guarantee of coverage. We make no such guarantees. The information we provide to you about coverage and pricing for quotes is entirely based upon information provided to us by third parties and may be inaccurate. You may not be eligible to obtain the coverage or rates that you receive from us as quotes. Our provision of a quote to you is not an offer to purchase coverage. We do not have authority on behalf of any of our Marketing Partners to bind them in any contract with you.
We do not provide medical advice or recommendations of any kind. You should not use the information provided by the Service for diagnosing or treating a health problem or disease. If you have or suspect that you have a medical problem, immediately contact your health care provider.
Availability, Errors, and Inaccuracies
We are constantly updating our Website, including information provided by our Marketing Partners. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Obtaining a Quote
To access certain aspects of the Services, you must submit a form associated with a valid email address and a valid phone number. When you submit a form with us, you guarantee that you are above the age of 18 and legally qualified to enter into contracts, and that the information you provide us is accurate, complete, and current at all times. You further guarantee that you are either the person whose information you have provided or else have authority to give consent on behalf of that person to receive communications from us and our Marketing Partners. You acknowledge that we may update the list of Marketing Partners from time to time, and that by continuing to use the Service you consent to receive communications from additional Marketing Partners who may have been added to the list since your last visit to OpenMedicare. You acknowledge that we are relying on you to provide us with accurate, complete, and current information. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your license to use the Service.
In order to provide you with a more accurate quote, certain of our Marketing Partners may require a credit check. OpenMedicare does not collect your social security number and does not check your credit. However, by submitting a form you authorize our Marketing Partners and their business partners to perform a soft pull of your credit. This allows them to obtain credit information about you from a credit reporting agency for purposes of determining availability and pricing of health care plans for which you may be eligible, and does not affect your credit. OpenMedicare does not control, monitor, or receive information from its Marketing Partners regarding credit checks. We encourage you to ask our Marketing Partners for more information about their procedures for obtaining, storing, and safeguarding your credit information.
You are responsible for maintaining the confidentiality of the information you submit to us when you complete a form, including but not limited to restricting access to your computer and/or associated email addresses and telephones. OpenMedicare shall not be liable for any loss that you incur because someone else had access to your computer, email address, and/or telephone, either with or without your knowledge. If you become aware of any unauthorized access of your information, you agree to contact OpenMedicare at email@example.com as soon as practicable to inform us of this unauthorized access.
In lieu of submitting an online form, you may request a quote by telephone by calling (844) 234-6008. If you call this number, you will be connected directly with a licensed agent of one of our Marketing Partners. As with all information obtained from other parties, OpenMedicare makes no guarantees as to the accuracy of any information obtained from other parties, and under no circumstances will OpenMedicare be responsible for any loss or damage resulting from your reliance on said information.
We reserve the right to refuse service at our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement," and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorney’s fees) for misrepresentation or bad-faith claims of Infringement of any content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyright ted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at email@example.com.
The Service and its original content, features, and functionality are and will remain the exclusive property of OpenMedicare and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OpenMedicare. Neither your use of the Service nor these Terms grant you any right, title, or interest in, or any license to reproduce or otherwise use, OpenMedicare or any third-party trademarks, service marks, graphics, logos, or domain names. All content and other materials available through the Service, including without limitation the OpenMedicare logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by OpenMedicare or are the property of OpenMedicare’s licensors and suppliers or the product manufacturers. Except as explicitly provided, neither your use of the Service nor these Terms grant you any right, title, or interest in any such materials.You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. You agree not to upload, post, transmit, display, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
Subject to your compliance with these Terms, OpenMedicare grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the OpenMedicare Service for your personal, non-commercial purpose. All rights not expressly granted in these Terms are reserved by OpenMedicare.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, arbitration and choice of law, prohibited practices, indemnity, and limitations of liability. Any termination of these Terms automatically terminates all rights and licenses granted to you under these Terms, including all rights to use the Service. Upon termination, OpenMedicare may, but has no obligation to, in OpenMedicare’s sole discretion, rescind any services and/or delete from OpenMedicare’s systems all your information and any other files or information that you made available to OpenMedicare or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.
You agree to defend, indemnify, and hold harmless OpenMedicare and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, by you or any person you authorize to use the Service on your behalf; (ii) your breach of these Terms; (iii) your breach of applicable law(s); or (iv) your provision to OpenMedicare of information or other data. The indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice. You may not settle any claim without the prior written consent of the concerned indemnitees.
Limitation of Liability
In no event shall OpenMedicare, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty, regardless of the foreseeability or of notice, arising from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) any change to your credit score resulting from a Marketing Partner’s inquiry into your credit information; and (v) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. In no event will OpenMedicare be liable to you for any third-party content or products or your damages or loss related to your violation of these Terms. You agree that these limitations of liability represent a reasonable allocation of risk and are a fundamental element of the basis of the bargain between OpenMedicare and you. The Service would not be provided without such limitations.
Disclaimers and Assumption of Risk
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. You will not hold OpenMedicare, or its directors, employees, partners, agents, suppliers, or affiliates, responsible for any loss or damage that results from or relates to your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitation tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
OpenMedicare expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. OpenMedicare does not warrant that i) the Service will function uninterrupted, or that it will be secure or available at any particular time or location; ii) any errors or defects will be corrected; iii) the Service is free of viruses or other harmful components; or iv) the results of using the Service will meet your requirements. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
These Terms constitute the entire agreement between OpenMedicare and you concerning your use of the Service. Should any part of these Terms be declared invalid, void, or unenforceable by a competent court, such decision shall not affect the validity of any remaining portion of these Terms, which shall remain in full force and effect. A waiver by either party of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach. These Terms and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of OpenMedicare. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You acknowledge and agree that any actual or threatened breach of these Terms or infringement of proprietary or other third-party rights by you would cause irreparable injury to OpenMedicare and OpenMedicare’s licensors and Marketing Partners, and would therefore entitle OpenMedicare or OpenMedicare’s licensors or suppliers, as the case may be, to injunctive relief. By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from OpenMedicare, over the short term and periodically, including email communications. These communications will be about the Service, new offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.