Health Option One, LLC d/b/a Insurance Care Direct (the COMPANY) provides various insurance-related services to consumers, which may include serving as an insurance agent to help consumers locate desired insurance policies and providers.

These Terms of Use (TERMS), along with our accompanying Privacy Policy (PRIVACY POLICY) and together govern your use of our platform, websites, applications, and any related online and offline products or services we provide (collectively, our PRODUCTS AND SERVICES).

Please read these TERMS carefully before you start to use our PRODUCTS AND SERVICES. By using our PRODUCTS AND SERVICES, you acknowledge that you have read, understood, and agree to be bound and abide by our TERMS and PRIVACY POLICY. If you do not agree to all our TERMS, or if you violate them in any way, your right to access or use our PRODUCTS AND SERVICES will be terminated.

We reserve the right, at our sole discretion, to modify, alter, or otherwise update these TERMS at any time, and by using our PRODUCTS AND SERVICES after the posting of a modification, you accept the modification. By using our PRODUCTS AND SERVICES, you represent and warrant that you are of legal age to form a binding contract with us and meet the eligibility requirements in these TERMS.

Healthcare Providers and Plans

In some instances, portions of our PRODUCTS AND SERVICES may be used to facilitate communications, submissions, or other interactions between you and one or more third party healthcare insurance provider(s) or health plan(s). We only facilitate such interactions at your direction. In addition to other disclaimers and exclusions contained in these TERMS, we expressly disclaim all liability related to any products or services provided to you by such third-party healthcare insurance provider(s) or health plan(s).

Privacy

We value your privacy. Private information collected by us in connection with our PRODUCTS AND SERVIES will be maintained in accordance with our posted Privacy Policy (PRIVCY POLICY).

Feedback

You agree that we are free to use any feedback, corrections, ideas, or concepts that you provide to us regarding our PRODUCTS AND SERVICES (collectively, FEEDBACK) for any purpose and you waive all rights therein. Please do not send us any feedback that you wish to keep confidential or for which you expect to receive compensation unless we expressly agree in writing otherwise.

Copyright Infringement

We respect the intellectual property rights of others, and we prohibit users of our PRODUCTS AND SERVICES from hosting or transmitting any materials that violate another person’s intellectual property rights or these TERMS. For allegations of copyright infringement or any other issues, please notify us via the contact information at the end of these TERMS.

Intellectual Property

We grant you a limited, non-exclusive, non-sub licensable, non-transferable, revocable license to access and use our PRODUCTS AND SERVICES for lawful personal purposes in accordance with our TERMS. The PRODUCTS AND SERVICES contain materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons, and other materials provided on or through our PRODUCTS AND SERVICES. Except as provided herein, none of the materials may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us. Unauthorized use of any MATERIALS provided by the PRODUCTS AND SERVICES may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.

Except as expressly provided herein, we and our licensors reserve all rights with respect to our PRODUCTS AND SERVICES and MATERIALS and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed any intellectual property or proprietary rights.

Trademarks and service marks that may be referred to in our PRODUCTS AND SERVICES are owned by us or their respective owners. Nothing in our PRODUCTS AND SERVICES should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The names and logos used by us may not be used in any way, including in advertising or publicity pertaining to distribution of materials in our PRODUCTS AND SERVICES, without prior written permission.

Your Responsibilities

You are responsible for any activity that occurs through your use of our PRODUCTS AND SERVICES. All information you provide to us must be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy.

Except for individuals or organizations that are expressly authorized to create accounts on behalf of their employers or others, we prohibit the creation of an account for anyone other than yourself. You are responsible for keeping your password for PRODUCTS AND SERVICES secret and secure.

Misuse

If we conclude, at our discretion, that you have misused our PRODUCTS AND SERVICES, we reserve the right to remove your content, and/or terminate your account at any time and for any reason. The following represents a series of example scenarios where action may be taken:

Service Disruption

• Bypassing security or authentication measures.
• Accessing non-public pages or content that you have not been invited to access.
• Testing any of our systems or networks for vulnerabilities.
• Taking any action that imposes an unreasonable load on our infrastructure.
• Provide your password to any other person, use any other person’s username and password, or otherwise manage an account through shared credentials

Spamming

• Send spam to people who have not explicitly consented or other unsolicited communications.
• Send altered, deceptive, or false identifying information (including any misleading or incorrect names, email addresses, subject lines), including without limitation phishing or spoofing.

Deception and Impersonation

• Impersonate any person, company, or other entity.
• Engage in misleading or unethical marketing or advertising.

Stealing

• Use unauthorized credit cards, debit cards or other unauthorized payment devices.
• Promote or advertise products or services other than your own without appropriate authorization.

Rights Infringement

• Infringe or misappropriate anyone’s copyright, trademark, or other intellectual property rights.
• Violate anyone’s privacy or publicity rights.

Other

• Threaten, harass, or abuse any individuals.
• Condone or promote violence.
• Publish sexually explicit or obscene material.
• Condone or promote self-harm.

You can report violations of these guidelines to us directly by emailing [email protected].

Materials

We may update the content in our PRODUCTS AND SERVICES and MATERIALS from time to time, but it will not necessarily be complete or up-to-date. Although it is our intention for our PRODUCTS AND SERVICES to be available as much as possible, there may be occasions when our PRODUCTS AND SERVICES may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the PRODUCTS AND SERVICES for any reason, without prior notice.

Inbound Links

You may link to our PRODUCTS AND SERVICES, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Limitation of Liability

Your use of our PRODUCTS AND SERVICES and MATERIALS is at your own risk. To the fullest extent permitted by applicable law, our PRODUCTS AND SERVICES and MATERIALS are provided “as is” without a representation or warranty of any kind, either expressed or implied. We do not warrant that the functions or content contained on our PRODUCTS AND SERVICES and MATERIALS will be uninterrupted or error-free, that the defects will be corrected, or that our servers are free of viruses or other harmful components. Under no circumstances shall we or by extension our owners, affiliates, officers, directors, agents, employees, contractors, or service providers be liable for any direct or indirect, actual, special, punitive, incidental, or consequential damages that may arise from our PRODUCTS AND SERVICES and MATERIALS.

Indemnification

You agree that you will be responsible for any damages resulting from your violation of these TERMS. At our request, you agree to indemnify and hold us, and by extension our owners, affiliates, officers, directors, agents, employees, contractors, or service providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party to or arising out of: (a) your breach of these TERMS; (b) your activities in connection with our PRODUCTS AND SERVICES, including any violation of any law or the rights of any third party that occurs in connection with your use of our PRODUCTS AND SERVICES; or (c) information that you provided to us through our PRODUCTS AND SERVICES.

Governing Law

These terms shall be governed and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions. Excluding disputes addressed through arbitration as provided below, you agree to submit to the exclusive jurisdiction of the competent state and federal courts located in Broward County, Florida in relation to any claim, dispute, or difference arising from these TERMS, and you agree to waive any right of removal or transfer whether due to forum non-convenience or other reason. The United Nations convention on contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from these TERMS.

We are reachable via the contact information at the end of these TERMS to address any concerns you may have regarding your use of our PRODUCTS AND SERVICES. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating a lawsuit or arbitration against us. Any matter or dispute relating in any way to your use of our PRODUCTS AND SERVICES or these TERMS, which is not so resolved shall be submitted to binding confidential arbitration.

Excluding claims by us for injunctive or other non-monetary relief, any claims related pertaining to our PRODUCTS AND SERVICES and any dispute or controversy arising out of or relating to these TERMS, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Streamlined Arbitration Rules and Procedures. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

The arbitration shall take place in Deerfield Beach, Florida or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested, and be administered by JAMS; provided however, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by JAMS, we may elect to consolidate such arbitrations before an arbitrator mutually agreed-upon by the Parties (and terminate any pending administration by JAMS), (a) with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration, and (b) except with respect to administration of the arbitration proceedings, the arbitrator shall follow JAMS Inc. Streamlined Arbitration Rules and Procedures.

You waive your right to a jury trial in any judicial proceeding. In addition, to the maximum extent permitted under applicable law and except for consolidated arbitration as provided above, you agree that each party to a dispute hereunder may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and we agree (and for consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Geography

Our PRODUCTS AND SERVICES are operated from the United States. We make no representation that content or MATERIALS in our PRODUCTS AND SERVICES are appropriate or available for use in other jurisdictions. Access to any of our PRODUCTS AND SERVICES from jurisdictions where such access is illegal is strictly prohibited. If you choose to access our PRODUCTS AND SERVICES from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.

Contact

If you have any questions, concerns or comments about these TERMS or our PRODUCTS AND SERVICES, please contact us via:

• Email: [email protected]
• Phone: +1 (954) 363-7101
• Address: Health Option One, LLC d/b/a Insurance Care Direct | 1002 East Newport Center Drive, Deerfield Beach, FL 33442