The www.medigap-direct.com website (“www.medigap-direct.com” or the “Site”) is owned and operated by www.medigap-direct.com. By
using this Site, you signify your assent to these Terms of Use (“Terms” or
“Agreement”). If you do not agree to all of these Terms, do not use this site.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT
ACCESS OR USE THE SITE.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION
WAIVER.
www.medigap-direct.com may revise and update these Terms at any time. Your continued usage of the Site will mean you
accept those changes.
Use of the Website
By using the Site, you represent to www.medigap-direct.com that 1) you are authorized to enter into this Agreement and
you are at least the age of majority in your state or province
of residence;
(2) you will not use the Site for any purpose or in any manner that violates any law or regulation or that
infringes the rights of www.medigap-direct.com or any third party; (3) any
information
or data provided to www.medigap-direct.com by you will not violate any law or regulation or infringe the rights of www.medigap-direct.com or any third party; (4) all information that you
provide to us in connection with the Site (e.g., name, e-mail address, and other information) is true and
accurate; and (5) you are authorized and able to fulfill and
perform the obligations and
meet the conditions of a user as specified herein. This Agreement provides to you a personal, revocable,
limited, non-exclusive, royalty-free, non-sublicenseable,
non-transferable license to use
the Site conditioned on your continued compliance with the Terms of this Agreement. You may print and
download materials and information from the Site solely for your
personal use, provided that all hard copies contain all copyright and other applicable notices contained in
such materials and information. Notwithstanding the
foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute,
disassemble, broadcast, transmit, publish, remove or alter any
proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease,
private label, grant a security interest in, or otherwise use
the Website in any manner not expressly permitted herein. Specifically, and by way of illustration and not
limitation, you may not (a) separate and use any graphics,
photographs, or other audio, visual, or video elements from the accompanying text or material without the
prior express written permission of www.medigap-direct.com and/or its
licensor(s); (b) use any “deep link,” “page scrape,” “robot,” “spider,” or other device, program, script,
algorithm, or methodology to access, acquire, copy, or monitor
any portion of the Site or in any way reproduce or circumvent the navigational structure of the Site to
obtain or attempt to obtain any materials, documents, or
information through any means not purposely made available through the Site; (c) probe, scan, or test the
vulnerability of the Site or any network connected to the
Site; (d) use any device, software, or routine to interfere with the proper working of the Site or any
transaction conducted on the Site; (e) forge headers, impersonate
a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any
message or transmittal you send to www.medigap-direct.com on or through the
Site; (f) use the Site to harvest or collect e-mail addresses or other contact information; or (g) use the
Site in a manner that could damage, disparage, or otherwise
negatively impact www.medigap-direct.com. The licenses granted by www.medigap-direct.com terminate if you do not comply with these
Terms.
The material, images, and text on the Site (“Content”) is protected by copyright under both United States
and foreign laws. Title to the Content remains with www.medigap-direct.com
or its
licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of this
Agreement and may violate copyright, trademark, and other
laws. Content and features are
subject to change or termination without notice in the editorial discretion of www.medigap-direct.com. All rights not
expressly granted herein are reserved to www.medigap-direct.com and its
licensors. If you violate any of these Terms, your permission to use the Content automatically terminates
and you must immediately destroy any copies you have made of
any portion of the Content.
PRIVACY
Please review our Privacy Policy to understand our practices regarding personal information provided by you,
which is incorporated herein by reference.
Limitation of Liability and Disclaimer of Warranties
The use of the Site and the Content is at your own risk. When using the Site, information will be
transmitted over a medium that may be beyond the control and
jurisdiction of
www.medigap-direct.com and its suppliers. Accordingly, www.medigap-direct.com assumes no liability for or relating to the delay,
failure, interruption, or corruption of any data or other
information transmitted in connection with use of the Site. The Site and the content are provided on an “as
is” and “as available” basis and may include errors,
omissions, or other inaccuracies.
MOREOVER, www.medigap-direct.com MAY MAKE MODIFICATIONS ANY/OR CHANGES ON THIS SITE OR IN THE MATERIALS AND INFORMATION
AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON.
www.medigap-direct.com MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY,
OR ACCURACY OF
THE www.medigap-direct.com SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES, OR INCLUDED ON
OR OTHERWISE MADE AVAILABLE ON THE SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, www.medigap-direct.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE. www.medigap-direct.com DOES NOT WARRANT THAT THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE
SITE, www.medigap-direct.com’s SERVERS, OR ELECTRONIC COMMUNICATIONS SENT
FROM www.medigap-direct.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. www.medigap-direct.com ALSO MAKES NO REPRESENTATION,
GUARANTEE, OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR FREE
OR IN AN UNINTERRUPTED FASHION.
To the maximum extent permitted by law, in no event shall www.medigap-direct.com, its licensors, its suppliers, or any
third parties mentioned on the Site be liable for any damages
(including, without limitation, indirect, punitive, special, incidental, or consequential damages, personal
injury/wrongful death, lost profits, or damages resulting
from lost data or business interruption) resulting from the use of or inability to use the Site or the
Content, the delay or inability to use the Site, or from any
information, Content, materials, or www.medigap-direct.com services included on or otherwise made available to you
through the Site, whether based in contract, tort, strict
liability, or otherwise, and whether or not www.medigap-direct.com, its licensors, its suppliers, or any third parties
mentioned on the Site have been advised of the possibility of
such damages www.medigap-direct.com, its licensors, its suppliers, or any third parties mentioned on the Site shall be
liable only to the extent of actual damages incurred by you,
not to exceed U.S. $100. Any claims arising in connection with your use of the Site or any Content must be
brought within one (1) year of the date of the event giving
rise to such action occurred.
User Submissions
You agree that you will not upload or transmit any communications or content of any type to the Site that
infringe or violate any rights of any party. By submitting
communications or content to the Site, you agree that such submission is non-confidential for all purposes.
If you make any submission to the Site or if you submit any
business information, idea, concept or invention to www.medigap-direct.com by email, you automatically grant-or warrant
that the owner of such content or intellectual property has
expressly granted www.medigap-direct.com a royalty-free, perpetual, irrevocable, sublicensable world-wide nonexclusive
license to use, reproduce, create derivative works from,
modify, publish, edit, translate, distribute, perform, and display the communication or content in any media
or medium, or any form, format, or forum now known or
hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or
proprietary, do not submit them to the Site or to www.medigap-direct.com
by email.
Advertisements, Searches, and Links to Other Sites
www.medigap-direct.com may provide links to third-party websites. www.medigap-direct.com also may select certain websites as priority
responses to search terms you enter and
www.medigap-direct.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored
content. obamacareusa.org does not endorse the content on
any third-party websites. www.medigap-direct.com is not responsible for the content of linked third-party sites, sites
framed within the Site, third-party websites provided as
search results, or third-party advertisements, and does not make any representations regarding their content
or accuracy. Your use of third-party websites is at your
own risk and subject to the terms and conditions of use and privacy policies for such websites.
ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on or through the Site. You agree that all agreements,
notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in writing.
MODIFICATIONS
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without
notice at any time. www.medigap-direct.com may add, modify, or delete any
aspect, program, or feature of the Site. We shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Site.
Data We Collect
Governing Law
These Terms are governed by the laws of the State of Florida, without respect to its conflict of laws
principles.
ARBITRATION
All disputes arising out of or relating to any purchase you make with via this Site, any information you
provide via the Site, these Terms (including the formation,
performance or alleged breach), and your use of the Site will be exclusively resolved under confidential
binding arbitration in accordance with the Rules of the
American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related
Disputes (collectively, the “AAA Rules”) then in effect at
the time of the dispute.
The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, www.medigap-direct.com will promptly reimburse you for any standard filing fee
which may have been required under AAA Rules once you have notified www.medigap-direct.com in writing and provided a copy
of the arbitration proceedings. However, if www.medigap-direct.com is
the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees
and costs to www.medigap-direct.com. If for any reason the AAA is
unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted
in the city of Hollywood, Florida, but may proceed
telephonically if the claimant so chooses.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under these Terms may be joined to an arbitration involving any other party subject to these
Terms, whether through class arbitration proceedings or
otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable
relief in state or federal court located to enforce these Terms
or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party
hereby irrevocably submits to the personal jurisdiction of
such court.
WAIVER OF CLASS ACTION RIGHTS
ANY DISPUTES ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, ANY INFORMATION YOU PROVIDE VIA THE SITE,
THESE TERMS (INCLUDING THEIR FORMATION, PERFORMANCE OR
ALLEGED BREACH), AND YOUR USE OF THE SITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT
TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING
INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS
or participate as a member of a class of claimants with
respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that
this class action waiver is material and essential to the
arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims.
If any portion of this class action waiver is limited,
voided, or cannot be enforced, then the parties agreement to arbitrate shall be null and void. YOU
UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY
ONLY BRING CLAIMS AGAINST www.medigap-direct.com IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal
of those materials (or access thereto) from this web site
by contacting www.medigap-direct.com’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and
where possible include a copy or the location (e.g., URL) of
an authorized version of the work.
2. A description, in reasonable detail (including the applicable URL) of the material that you believe to be
infringing and its location. Please provide us with enough
information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained-of use of the materials is not
authorized by the copyright owner, its agent, or the law.
5. A statement by you, made under the penalty of perjury, that the information that you have supplied is
accurate, and indicating that you are the copyright owner or
are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Please send this notice to:
Attn: Health Insurance Services Legal
401 E Las Olas Blvd. Suite 130-627
Fort Lauderdale, Fl 33301
Email: privacy@www.medigap-direct.com
Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site or via e-mail from www.medigap-direct.com, this
Agreement and the www.medigap-direct.com Privacy Policy constitute the
entire agreement between you and www.medigap-direct.com with respect to the use of the Site and Content.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of
these Terms shall be deemed a further or continuing waiver
of such term or condition or any other term or condition.
© 2016 www.medigap-direct.com, All rights reserved.