Privacy Policy:

RM7 Services LLC. and its subsidiaries (collectively, “Healthplan-Subsidy.com”, “us”, “we”, or “our”) are committed to maintaining your confidence and trust as it relates to the privacy and use of your information. Please read below and learn how we collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.

This privacy policy applies to this site, Healthplan-Subsidy.com, and all other websites owned and operated by us on which this privacy policy is displayed (such websites referred to hereafter as the “Site”, whether individually or collectively). This policy does not apply to websites that post different privacy statements.

1. Information We Collect
   1. Personally Identifiable Information: We collect personally identifiable information that can identify you such as your name, address, telephone number, mobile number, email address and zip code, (collectively, “Personally Identifiable Information” or “PII”). PII could also be information you provide concerning others, such as family members.
   2. Non-Personally Identifiable Information: We also collect information such as demographic data, data about your online activity, data about your income, and other information which could not be used to identify you (including your smoker status, which is used for the limited purpose of providing you with more accurate insurance pricing information) (collectively, “Non-Personally Identifiable Information” or “NPII”).
   3. Information: PII and NPII are known together as “Information”.
2. How We Collect Information
   1. Information provided by you: Information is collected from you when you enter information in connection with an inquiry into our services. This Information could be provided via an online form, over the phone, or via other means through which you interact with our services.
   2. Information from service providers: Information is also purchased or otherwise collected from third party service providers who may have access to your Information. These third party service providers include our publisher partners to whom you may have submitted your Information. If we acquired all or some of your Information from one of our publisher partners we will use that Information consistently with this privacy policy. We do not control how your Information may be used by the publisher partner to whom you submitted it.
   3. Information from cookies and other tracking technologies: Like many websites, we use cookies, web beacons, and similar technologies to record your preferences, track the use of our Site and collect information. This information may include but is not limited to internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other Information we collect about you. Some of this information is collected using tracking technologies provided by third parties and information collected by them for us will be subject to their privacy policies and/or terms of service. Such third parties include but are not limited to Alphabet Inc. (Google analytics product), whose privacy policy can be viewed here: https://www.google.com/intl/en/policies/privacy/; Active Prospect, whose privacy policy can be viewed here: https://activeprospect.com/privacy-policy/
   Cookies are used for different purposes. They allow you to be recognized as the same user across the different pages of a website, between websites, or when you use an app. Our Site and/or apps use cookies for different purposes: Technical Cookies: We try to give our visitors an advanced, user-friendly Site and apps that adapt automatically to their needs and wishes. To achieve this we use technical cookies to show you our Site, to make it function correctly, to create your user account, to sign you in, and to manage your bookings. These technical cookies are absolutely necessary for our Site to function properly. Functional Cookies: We also use functional cookies to remember your preferences and help you use our Site and apps efficiently and effectively. For example, these cookies remember your preferred currency, language and your searches. We may also use cookies to remember Information you have provided previously. These functional cookies are not strictly necessary for our Site to work, but they make it easier to use and enhance your experience. Analytics Cookies: We use these cookies to gain insight into how our visitors use the Site. This means we can find out what works and what doesn’t, optimize and improve our Site or apps, understand the effectiveness of advertisements and communications, and ensure we continue to be interesting and relevant. The data we gather can include which web pages you’ve viewed, which referring/exit pages you’ve entered and left from, which platform type you’ve used, which emails you’ve opened and acted upon, and date and time stamp info. It also means we can use details about how you interacted with the Site, like the number of clicks you make on a given page, your mouse movements and scrolling activity, the search words you use, and the text you enter into various fields. We use analytics cookies as part of our online advertising campaigns to learn how users interact with our Site or apps after they’ve been shown an online advertisement. This may include advertisements on third-party websites. Analytics cookies may also be used to enable our business partners to learn if their customers use offers integrated into their websites. Commercial Cookies: We use third-party cookies as well as our own to display personalized advertisements on our websites and on other websites. This is called “retargeting,” and it’s based on browsing activities like the types of health insurance you’ve been searching for.
3. How We Use Your Information
   We may use Information to:
   1. Deliver the products and services you requested, including via our Network Partners (defined below)
   2. Improve customer service
   3. Improve our Site
   4. Personalize your user experience
   5. Communicate with you about products or services that may be of interest to you
   6. Manage our business
4. Who Do We Share Your Information With?
   1. Affiliate companies: We may share your information with other entities that control, are controlled by or are under common control with RM7 Services LLC., including for the purpose of allowing them to advertise products and services to you. When we share information with these affiliates, they will use and process the information consistently with their applicable privacy policy.
   2. Network Partners: In submitting an inquiry for a health insurance quote, product or other service provided through the Site, you agree that Healthplan-Subsidy.com may sell to or otherwise share your Information with insurance agents, insurance carriers, lead aggregators, other insurance service providers and other third parties in our network that provide services to our users (collectively, “Network Partners”) to deliver the quotes, products or services your requested. PLEASE NOTE: the Network Partners with which you are matched may retain or use your Information whether or not you use their services. You should contact these Network Partners directly concerning their privacy and information sharing practices.
   3. Healthplan-Subsidy.com Vendors: We may share your Information with vendors that perform certain services on our behalf (“Healthplan-Subsidy.com Vendors”) including, but not limited to marketing partners (for example, for retargeting purposes), entities providing business analysis and/or website or product support and entities whose services are used to match you with a Network Partner such as boberdoo.com LLC, RM7 Services LLC.
   4. Other Situations: We may also disclose your Information at our sole discretion:
   1. In response to a subpoena or similar investigative demand, a court order, a request for cooperation from a law enforcement agency, self-regulatory body, or other governmental agency; to establish or exercise our legal rights; to defend against legal claims; to respond to any complaint; or as we reasonably believe is required by law. In such cases, we may raise or waive any legal objection or right available to us.
   2. When we believe disclosure is appropriate in order to investigate, prevent, or take action regarding actual or suspected illegal activity or other wrongdoing; to protect and defend the rights, property, or safety of Healthplan-Subsidy.com and any Healthplan-Subsidy.com Affiliates, our users, our employees, or others; or to enforce our Site’s terms of use or other agreements or policies.
   3. In connection with a substantial corporate transaction involving Healthplan-Subsidy.com or any Healthplan-Subsidy.com Affiliate, such as a sale of Healthplan-Subsidy.com or any entity, brand or division thereof, a divestiture, merger, consolidation, asset sale, or bankruptcy.
   4. In connection with state and/or federal licensing or other legal requirements. You authorize Healthplan-Subsidy.com to obtain any and all required information from the Network Partners you were matched with in order for Healthplan-Subsidy.com to comply with current laws and regulations as well as with any requests from state or federal regulators.
   5. We may share Non-Personally Identifiable Information with third parties in our discretion.
   5. Trusted Marketing Partners – We reserve the right to share your data with our trusted 3rd party marketing partners. These partners may market to you via email or through other channels, products or services that might be of interest.
5. Unsubscribe
   If at any time you do not wish to receive communications from Healthplan-Subsidy.com, you may opt out by following the instructions included in any communication received from us. In addition, you may email [email protected] to unsubscribe. If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about our business dealings with you.
6. Updating and Accessing Your Information
   The appropriate method(s) for accessing your Information, if any, will depend on which Site or services you have used. Please contact us at [email protected] if you have a specific question or request concerning your Information. We are unable to delete all of your Information because some or all of it must be retained by us to demonstrate our compliance with the Telephone Consumer Protection Act and/or other applicable laws.
7. How We Protect Your Information
   1. We take what we believe to be industry standard security measures (including physical, electronic, and procedural measures) to help safeguard your Information from unauthorized access and disclosure. We also require employees to comply with information security safeguards, we use encryption in the transmission of your Information between your system and ours, and we use firewalls and other intrusion detection and prevention controls to help prevent unauthorized persons from gaining access to your Information.
   2. No system can be completely secure. Accordingly, although we take steps to secure your Information, we cannot guarantee that your Information, searches, or other communication will always remain secure.
8. Changes to this Privacy Policy
   Healthplan-Subsidy.com has the discretion to update this privacy policy at any time. When we do, we will revise the date at the top of this page. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the Information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
   ActiveProspectActiveProspect
   Privacy Policy - ActiveProspect
   Last modified: 2/20/20 Introduction ActiveProspect, Inc. (“Company”, “We” or “ActiveProspect”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect…
9. Visiting our Websites From Outside the United States
   The Site is governed by the laws of the United States, and is intended for the enjoyment of residents of the United States only. We make no representation that the Site is governed by or operated in accordance with the laws of any other nation.
10. Compliance with Children’s Online Privacy Protection Rule
    We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her PII without the parent/guardian’s consent. If we become aware that we have unknowingly collected PII from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
11. Your Consent.
    By using our Site, you consent to this privacy policy. If you do not agree to this policy, please do not use any portion of the Site.
    By providing your contact information to us through the Site, you are registering to receive communications from us directly, on our website or through a third party. We will periodically send you newsletters and other e-mails with offers and promotions. You may opt out of commercial e-mails from us by following the instructions in the e-mail or contacting us at the e-mail address below.
    Further, by providing your contact information through the Site, you are authorizing us to share your Information with our Network Partners and third-party vendors as described herein. If you do not want further communication from our Network Partners please notify the partner directly.
    Whether you are contacted by us, a third party on our behalf or a Network Partner, you agree to be contacted through the use of emails or, subject to your express opt-in at time of providing your PII, on your landline or mobile phone by live operators, automated telephone dialing systems, pre-recorded messages, and/or text messages regardless of whether you have placed your name or telephone number on a Do Not Call list. You may stop receiving calls and text messages by following the instructions in those messages. Please note that a stop request will only apply to the specific entity to whom such request is directed.
12. How to Contact Us
    If you have any questions about this privacy policy, the practices of Healthplan-Subsidy.com, or your dealings with a Healthplan-Subsidy.com affiliate, please contact us at: [email protected]

TERMS OF USE

Acceptance of Terms

The websites located at Healthplan-Subsidy.com, is a copyrighted work belonging to RM7 Services LLC. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PERSON THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PERSON THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD OR DO NOT RESIDE IN THE UNITED STATES OF AMERICA. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Background; Certain Required Information

1.1 Background. We built Healthplan-Subsidy.com to be an online resource for consumers seeking to make health insurance and other healthcare purchase decisions. We provide search, comparison and other tools to help consumers make smarter choices about their healthcare expenditures. Some of our visitors may, in addition to browsing through the Site, elect to ask us questions about the purchase of health insurance or healthcare products or services, or find an insurance company that can address their needs. We gather information from a variety of data sources including the government, nonprofit and leading commercial resources. You agree that Healthplan-Subsidy.com is in no way responsible for the accuracy, timeliness or completeness of any information it may display or provide. While Healthplan-Subsidy.com provides you the opportunity to receive insurance quotations from our network of service providers (such service providers and any lead aggregators or other third parties to whom your Information (as defined in our Privacy Policy) may be sold or transferred are together, “Network Partners”), Healthplan-Subsidy.com is not a health insurer and does not provide any of the insurance products or services advertised on the Site. We may provide users with the opportunity to submit requests for information on a wide variety of products and services offered by certain Network Partners (each such request, a “Request”). Once you provide us with the information required on our forms, we attempt to match you with Network Partners to help you acquire the type of product or service you are seeking. We are not an insurance carrier and do not act as an insurance agent or broker on the Site, and hence, we do not issue insurance contracts or bind coverage ourselves, nor do we endorse or recommend any companies or specific types of insurance policies.

1.2 Provision of Information. In order to access or use certain features or services offered on the Site, you must provide certain information about yourself as prompted by the webforms displayed to you. You represent and warrant that: (a) all required information you submit is truthful and accurate; (b) you are the person described in such information or, if not, you are lawfully authorized to provide such Information and to give the consent of the person described in such information, including consent to be contacted as required by the Telephone Consumer Protection Act of 1991 47 U.S.C. 227 (“TCPA”); and (c) you will maintain the accuracy of such information. Healthplan-Subsidy.com may suspend or terminate your access to the site and /or any services made available on the Site in accordance with Section 9. If you access the Site on behalf of another person then “you”, “yourself”, “your” and “user” means and refers to you on behalf of yourself and you on behalf of such other person.

2. Access to the Site

2.1 License. Subject to these Terms, Healthplan-Subsidy.com grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

2.3 Modification. Healthplan-Subsidy.com reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Healthplan-Subsidy.com will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4 No Support or Maintenance. You acknowledge and agree that Healthplan-Subsidy.com will have no obligation to provide you with any support or maintenance in connection with the Site.

2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Healthplan-Subsidy.com or Healthplan-Subsidy.com’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Healthplan-Subsidy.com and its suppliers reserve all rights not granted in these Terms. You further agree and acknowledge that (i) Healthplan-Subsidy.com will own any Information (as defined in Healthplan-Subsidy.com’s Privacy Policy) you provide when accessing the Site or using the services made available on the site or that Healthplan-Subsidy.com otherwise obtains in connection with your access to and use of the Site and the services; and (ii) Healthplan-Subsidy.com may deal with such Information in any manner including selling such Information to Healthplan-Subsidy.com’s Network Partners provided, however, that Healthplan-Subsidy.com’s use of such Information must be compliant with the Healthplan-Subsidy.com Privacy Policy and these Terms. There are no implied licenses granted under these Terms.

2.6 Requests. In submitting a Request to us, you agree to allow us to refer all of the information that you provide in connection with your request to our Network Partners. If any Network Partner(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. We may request that the Network Partners make contact with you via the preferred medium that you have listed, but this does not prevent such Network Partners from contacting you by any other means that they deem appropriate. In working with Network Partners, we seek to work with companies that are reputable, professional and can service the needs of our users. However, we strongly recommend that you perform your own due diligence and research on each potential Network Partner prior to selecting or entering into any agreement or arrangement with any particular Network Partner. In addition, once we refer your request to the Network Partners, we have no further involvement in, or responsibility for, any transactions that occur between you and the Network Partner(s). We are not responsible or liable for ANY expenses, losses or damages (financial or otherwise) incurred in any such transactions or Network Partner’s acts or omissions including, without limitation, with respect to any quotes or services that any such Network Partner may provide, for such Network Partner’s contact or delay or failure to contact you, for such Network Partner’s performance or failure to perform, or for any agreement or transaction between you and any such Network Partner. We cannot and do not guarantee that the Network Partners will provide information for every Request received or that the Network Partners who do respond to your Request can in fact meet your requirements. We may reject any Request and / or elect not to forward a Request to participating Network Partners at our sole discretion.

3. Privacy

Your use of the Site, and any Information you provide to us while using the Site, is subject to our Privacy Policy. By using the Site, you consent to the use of your Information as we outline in our Privacy Policy. If we connect you with a Network Partner through the Site or a phone number displayed on the Site, or by any other means, you accept that:

3.1 Healthplan-Subsidy.com makes money when we allow a Network Partner, for example, an insurance company or licensed broker, to help you with an insurance inquiry or when we sell your Information to a Network Partner. We ourselves do not sell insurance.

3.2 Our Privacy Policy governs anything you do on the Site and the applicable Network Partner’s privacy policy governs anything you do (e.g. discuss insurance) with such Network Partner.

3.3 Healthplan-Subsidy.com’s display on or through the Site of healthcare, health insurance products or service options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval by Healthplan-Subsidy.com of any such third party (including any Network Partner) or any affiliation between any such third party and Healthplan-Subsidy.com. Healthplan-Subsidy.com’s display of specific options does not suggest a recommendation by Healthplan-Subsidy.com of the Network Partners or their product/service options. You agree that Healthplan-Subsidy.com is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from the Network Partners or elsewhere. Your interaction with any Network Partners accessed through the Site is at your own risk, and Healthplan-Subsidy.com will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Network Partners or for any expenses, losses or damages (financial or otherwise) resulting from your interactions with the Network Partners.

3.4 If we display the telephone number of a Network Partner, transfer your phone call to a Network Partner, or link to a Network Partner’s website, any and all contact with such Network Partner is undertaken at your own risk. You, not Healthplan-Subsidy.com, are responsible for any personal information you provide to another company and we recommend as a general practice that you read a company’s privacy policy prior to sharing any personal information.

4. User Content

4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., a user’s postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Healthplan-Subsidy.com. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Healthplan-Subsidy.com is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

4.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Healthplan-Subsidy.com an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

4.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

4.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access to or use of the Site and/or services made available on the Site in accordance with Section 9, and/or reporting you to law enforcement authorities.

4.5 Feedback. If you provide Healthplan-Subsidy.com with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Healthplan-Subsidy.com all rights in such Feedback and agree that Healthplan-Subsidy.com shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Healthplan-Subsidy.com will treat any Feedback you provide to Healthplan-Subsidy.com as non-confidential and non-proprietary. You agree that you will not submit to Healthplan-Subsidy.com any information or ideas that you consider to be confidential or proprietary.

5. Indemnification.

You agree to indemnify and hold Healthplan-Subsidy.com (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Healthplan-Subsidy.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Healthplan-Subsidy.com. Healthplan-Subsidy.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. Our Content; Third-Party Links & Ads; Other Users

6.1 Our Content. Healthplan-Subsidy.com provides the content appearing on the Site solely for your convenience and informational purposes, and such Site content (i) is not intended as a substitute for professional or financial advice; (ii) should not be construed as the provision of professional advice or recommendations; and (iii) should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. We are not responsible for the accuracy or reliability of any Site content, or for expenses, losses or damages (financial or otherwise) incurred by relying upon the information presented on the Site. The information and features included in the Site have been compiled from a variety of sources for informational purposes, and are subject to change at any time without notice.

6.2 No Professional Advice. By accessing or linking to the Site, you assume the risk that the information on the Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any content available through the Site. The relationship between you and us is not a professional or similar relationship. Always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or postpone seeking it because of something that you have read on the Site. We neither recommend nor endorse any specific products, services, opinions, or other content that may be made available through or mentioned on the Site.

6.3 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Healthplan-Subsidy.com, and Healthplan-Subsidy.com is not responsible for any Third-Party Links & Ads. Healthplan-Subsidy.com provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

6.4 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Healthplan-Subsidy.com will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

7. Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND Healthplan-Subsidy.com (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Healthplan-Subsidy.com (OR OUR NETWORK PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF Healthplan-Subsidy.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED FIFTY US DOLLARS (U.S. $150). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR NETWORK PARTNERS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Site or any services offered on the Site. For avoidance of doubt, these terms will apply to any interaction you may have with our Network Partners after using the Site or services offered on the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. You understand that we may delete your User Content in connection with any termination of your rights under these Terms. Healthplan-Subsidy.com will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6 and Sections 4 through 11.

10. General

10.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice or posting of the revised terms on the Site will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Healthplan-Subsidy.com and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) If, for some reason, a Dispute (defined below) arises (i) between you and Healthplan-Subsidy.com; and/or (ii) between you and any of our Network Partners in connection with your use of the Site, you, Healthplan-Subsidy.com and each of Healthplan-Subsidy.com’s Network Partners agree to try and resolve such Dispute in good faith. If the Dispute cannot be resolved, you, Healthplan-Subsidy.com and/or each of Healthplan-Subsidy.com’s Network Partners (who have provided their separate agreement to arbitrate any Disputes) agree that we will resolve the Dispute through individual binding arbitration in a non-representative capacity.

(b) Mandatory Arbitration and Waiver of Class Action

(i) Instead of suing in court, you, Healthplan-Subsidy.com and each of Healthplan-Subsidy.com’s Network Partners are waiving the right to a trial by jury or to participate in a class action or representative action. You agree that, by entering into this Agreement, you, Healthplan-Subsidy.com and each of Healthplan-Subsidy.com’s Network Partners are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted and expressly includes any claims brought under or in connection with the TCPA.

(ii) In arbitration, there is no judge or jury. Instead, a neutral third-party arbitrator resolves disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator’s decision is limited. However, just as a court would, the arbitrator must follow the terms of the Agreement, and can award damages and relief, including attorney’s fees authorized by law.

(c) Disputes include but are not limited to any claims or controversies against each other or in any way arising out of your use of the Site or our services or the agreement between us, including our or our Network Partners use of Information provided by you, attempts made to contact you by us or our Network Partners or calls, emails, text messages or faxes you actually receive from us or our Network Partners, our policies, and contract practices and service, privacy or advertising claims, even if the claim arises after your use of the Site or the services offered on the Site has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the services or Site bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a Network Partner, that are based on, relate to, or arise out of in any way our services or the agreement between us, but only to the extent we are or become a named party in such dispute; or (c) that we or our Network Partners bring against you, but only to the extent we are or become a named party in such dispute. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of the foregoing matters whether based in contract, tort, statute (expressly including any claims under or in connection with the TCPA), fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior agreement with Healthplan-Subsidy.com; (iii) claims that are subject to ongoing litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this agreement.

(d) Before a you, Healthplan-Subsidy.com or a Network Partner may seek arbitration, the party must first send the others a written notice of Dispute (a “Notice”) describing the nature and basis of the claim or Dispute and the requested relief. Any Notice to Healthplan-Subsidy.com should be sent to the address set forth in Section 11.7, below. You agree that Healthplan-Subsidy.com may forward the Notice to the relevant Network Partner. After the Notice is received, the parties may attempt to resolve the Dispute informally. If the Dispute is not resolved within thirty (30) days of the Notice, any party may initiate an arbitration.

(e) Unless you, Healthplan-Subsidy.com and, where relevant, any Network Partner, agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the capital city of the state in which you resided at the time you used accessed the Site and/or used the services offered on the Site. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at www.jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

(f) The Federal Arbitration Act (“FAA”) applies to this agreement and this arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you, Healthplan-Subsidy.com or a Network Partner to arbitrate on a class-wide, representative or consolidated basis.

(g) 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. YOU, Healthplan-Subsidy.com AND EACH NETWORK PARTNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you, Healthplan-Subsidy.com and any applicable Network Partner expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(h) You, Healthplan-Subsidy.com and any applicable Network Partner are each responsible for their respective costs, including counsel, experts, and witnesses. Healthplan-Subsidy.com or the applicable Network Partner will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator’s services.

(i) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.

(j) As an alternative to arbitration, we may resolve Disputes in small claims court in the county where you resided at the time you accessed the Site and/or used the services offered on the Site. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Healthplan-Subsidy.com on your behalf.

(k) IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

10.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Healthplan-Subsidy.com, or any products utilizing such data, in violation of the United States export laws or regulations.

10.4 Electronic Communications. Communications between you and Healthplan-Subsidy.com may use electronic means, whether you use the Site or send us emails, or whether Healthplan-Subsidy.com posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Healthplan-Subsidy.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Healthplan-Subsidy.com provides to you electronically satisfy any legal requirement that such communications would satisfy if they were a hardcopy in writing. The foregoing does not affect your non-waivable rights.

10.5 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Except as otherwise expressly set forth herein, if any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Healthplan-Subsidy.com is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Healthplan-Subsidy.com’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Healthplan-Subsidy.com may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.