TERMS OF USE

1. ACCEPTANCE OF TERMS OF USE

Please review these Terms of Use (together with our Privacy Policy, the “Agreement”). Data Driven Coverage, doing business as Confident Medicare (“Confident Medicare”, “Data Driven Coverage”, “we” or “us”), is the owner and operator of the Confident Medicare website (together with all content, tools and services provided on or in connection with such website, the “Website”). You must be a resident of the United States (including its territorial possessions) and at least eighteen (18) years of age to access and use the Website. By accessing, browsing or using this Website, or any page thereof, through any direct or indirect means, or by using the tools, forms or services offered in or through the Website, you accept and agree to be legally bound by these Terms of Use and the Agreement. THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS, A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF, AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (Sections 5 and 8). These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, you are not authorized to access or use the Website and you are to cease accessing or otherwise using the Website. For purposes of this Agreement, “you” or “your” means the person(s) using the Website and/or any tools, forms or services offered in or through the Website. If you are using the Website on behalf of an employer or other entity, you represent and warrant that you have the authority to bind such entity to the Agreement.

Confident Medicare shall have the right at any time to change or discontinue any aspect or feature of the Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. When we post changes to these terms of use OR our PRIVACY POLICY, we will revise the “last updated” date at the top of the applicable document. Accordingly, you should periodically check the “last updated” date at the top of each document so that you can familiarize yourself with any changes. Any use by you of the Website or the tools, forms or services offered in or through the Websites following such posting shall be deemed to constitute acceptance of such changes.

2. PRIVACY POLICY

Please review our Privacy Policy, which is hereby incorporated by reference into this Agreement, for detailed information about our policies and practices applicable to the information that is collected through the Website or received directly from you, including the sharing of such information with third parties and its use for advertising and other purposes. By accessing or using the Website, you consent to the collection, storage, use and disclosure of your information as described in the Privacy Policy (as it may be changed from time to time, as described more fully in the Privacy Policy).

3. MATCHING TOOLS AND SERVICES

Our Website provides tools and services to help you find insurance coverage or quotes for insurance coverage, all of which are provided by third parties unaffiliated with Confident Medicare (collectively, “Insurers”). “Insurers” include insurance companies, Confident Medicare’s marketing partners, and affiliates or finders working on behalf of insurance companies, with whom we may share your information (as described in our Privacy Policy) for the purpose of enabling you to find affordable insurance coverage. You may be able to access these products and services when you complete a request or submit your zip code or other information and either (i) get matched with potential Insurers who will respond with quotes or conditional offers for products or services, or (ii) get provided with the name and information about potential Insurers who may able to respond with the requested products or services or information about the requested products or services without any quotes or offers. The Insurers that can provide you with insurance quotes or conditional offers may not respond with offers until they obtain additional information from you. You may not be matched with the Insurer making any specific quote or offer.

Although Confident Medicare is compensated by its network of Insurers when we display advertisements for their products to you and/or when you respond to a quote or offer for insurance or another product from a Insurer on our Website, Confident Medicare is not a provider of insurance, is not acting as an Insurer or broker, and does not make any decisions in connection with the underwriting or offering of any insurance products. Any compensation from Insurers is payment for Confident Medicare’s services, tools and facilities. Your use of the Website and/or Confident Medicare’s services constitutes your agreement with this compensation arrangement.

Confident Medicare does not endorse or recommend the products of any particular Insurer. Nor is Confident Medicare an agent of you or any Insurer. Our services are only administrative. You should rely on your own judgment in deciding which available insurance policy or other product, terms and Insurer best suits your needs and financial means. The Insurer is solely responsible for its products and services, and you agree that Confident Medicare shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services. You understand that Insurers may keep your insurance request information and any other information provided by Confident Medicare or received by them in the processing of your request, whether or not you are qualified for insurance with them or if you obtain insurance from them. You agree to notify any particular Insurer directly if you no longer want to receive communications from them. Confident Medicare is not responsible for any errors or delays in responding to a request or referral form caused by,
including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.

The Website and the products and services provided or advertised on the Website may not be available in all states, and the availability of such services and the products offered on the Website may change from to time without notice. Insurers are not attempting to offer insurance outside of their authorized states or country by participating in and offering their products on the Website. Insurers may discontinue, suspend or terminate the offering of any insurance or other product in any specific state through the Website at any time, without prior notice.

The information provided by Confident Medicare whether on this website or discussed during any call does not represent a guarantee of coverage or specific payment. All insurance plans are subject to the terms, conditions and limitations of the specific policy issued, including, but not limited to, eligibility, pre-certification, exclusions and limitations, and medical necessity requirements. For further information on a policy and its limitations, please call (800) 975-6103.

The data and other information you may provide Confident Medicare is not, and is not treated as, an application for insurance or a request to be pre-approved, pre-qualified or any similar concept. Confident Medicare does not guarantee acceptance into any particular insurance program or specific terms or conditions with any Insurer; insurance approval standards are established and maintained solely by individual Insurers. Likewise, Confident Medicare does not guarantee that the insurance terms or rates offered and made available by Insurers are the best terms or lowest rates available in the market. An Insurer’s offer may be subject to market conditions, approval and qualification (including review of your driving record). The rates and fees actually provided by Insurers may be higher or lower depending on your complete profile and other considerations used by Insurers, such as your driving record. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for an insurance commitment or a rate lock-in agreement. Insurers may not offer all products as well as not offer products in all states. You might not be matched with the Insurer making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Insurers may obtain, verify and record information that identifies each person who applied for or obtain insurance from them. For example, they may ask for your name, Social Security Number or driver’s license number, address, date of birth, and other important information, that will allow proper identification of you. During the Insurer application process, they may also ask to see additional information. Confident Medicare does not charge you a fee for its service in matching you with Insurers.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for quotes or any other submission (“submission”), you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to insurance or another product through Confident Medicare to each of the Insurers to whom your request is transmitted

You agree that by providing your telephone number in any submission within Confident Medicare ‘s webpages that you are providing your signature expressly consenting to receive calls, emails, postal mail, text messages, and other forms of communication from up to eight companies such as these companies including calls made with an automatic telephone dialing system or prerecorded voice to the wireless or residential telephone number you provided even if you are on a state or federal Do Not Call registry. You acknowledge and understand that your wireless carrier may impose charges for these calls or texts and consent to receive communications is not a condition of purchase. You may revoke your consent at any time.

By including your email in any submission, you are extending an express invitation to each Insurer you have been matched with to contact you by email at any email address you provided (in this case, any such email from an Insurer will not be considered spam or unauthorized by any local, state or federal law or regulation). For any service, you represent that all of the information you have provided in your submission is true and complete.

Confident Medicare seeks to provide you multiple insurance quotes through its network of unaffiliated Insurers. By submitting information on an insurance request form or similar form, you authorize us to provide such information to Insurers in order to help you complete your request. Additionally, by submitting a request for insurance, you authorize the Insurers to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties

To determine which Insurers may be matched with you, Insurers provide to us criteria about the type of insurance and the type of customer (for example, state of residence) in which the Insurer is interested. Confident Medicare will provide your information to Insurers whose criteria match your profile. Where it is discovered that you do not meet certain Insurers’ criteria or you do not qualify for their products, you also authorize us to provide your information to other Insurers whose criteria match your profile and whose products we feel might be of help in completing your request.

4. PROPRIETARY RIGHTS AND LICENSES

You are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use and display the contents of the Website on a single computer solely for your personal use (and not for commercial resale or redistribution) to find insurance and other products or services featured on the Website. All other rights are hereby reserved. “Confident Medicare” and the Confident Medicare logo are service marks owned by us. Other product and company names mentioned herein, including the names of Insurers, may be the trademarks of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of Confident Medicare or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Confident Medicare, the Insurers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks.

The Website contains copyrighted material, trademarks and other proprietary information of Confident Medicare and/or its Insurers, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. Data Driven Coverage owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the content, in whole or in part. Nor may you reverse engineer, decompile or disassemble, or make any derivative works based on, the Website or the software or technology used in the Website (including any customization, translation, or localization). Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material from the Website will be permitted without the express written permission of Data Driven Coverage and the copyright owner (if different from Data Driven Coverage). Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

We grant you a revocable right to create a link to the home page of this Website. You will not state or imply that you or any website on which you place such a link, or any of its pages, are endorsed by, sponsored by or affiliated or associated with this Website or Confident Medicare. Nor may you make any representations or warranties, express or implied, with respect to this Website or any products or services available hereon, or any statements that are inconsistent with the Agreement.

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY

Confident Medicare intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Confident Medicare at any time. Under no circumstances will Confident Medicare be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” CONFIDENT MEDICARE AND/OR ITS INSURERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, FREEDOM FROM VIRUSES AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR CONFIDENT MEDICARE’S SERVICES IS AT YOUR OWN RISK. CONFIDENT MEDICARE AND/OR ITS INSURERS AND SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR CONFIDENT MEDICARE’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE (INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE), OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONFIDENT MEDICARE AND/OR ITS INSURERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. INDEMNITY

As a condition of use of the Website and/or Confident Medicare’s services, you agree to indemnify Confident Medicare and its affiliates, suppliers and Insurers, and its and their respective members, managers, directors, officers and employees, from and against any and all liabilities, expenses (including reasonable attorneys’ fees), claims and damages arising out of your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of the Agreement.

7. LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Confident Medicare does not operate or control in any respect any information, software, products or services available on such websites. Confident Medicare’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Confident Medicare is not responsible for the accuracy or content of the information provided by any third-party website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of technologies or programs available through that website.

8. AGREEMENT TO ARBITRATE

The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Confident Medicare does not operate or control in any respect any information, software, products or services available on such websites. Confident Medicare’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Confident Medicare is not responsible for the accuracy or content of the information provided by any third-party website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of technologies or programs available through that website.