Terms of Use

Last Updated: May 21, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By (i) accessing healthinsuranceseekers.com, any branded, co-branded, or partner-hosted pages, or any other websites on which these Terms of Use reside (collectively, the "Site" or the "Website"), (ii) using any of our services, or (iii) accessing any of the Site's Content (as defined below), you are agreeing to the following Terms of Use (the "Terms"). These Terms include, without limitation, a binding arbitration provision (described in Section 2 below), our Privacy Policy, an E-Sign Consent, a TCPA Consent, and any operating rules, policies, and procedures that may be published from time to time on this Site.

NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU, AND THAT GOVERN THE RESOLUTION OF ANY DISPUTES BETWEEN YOU AND US, INCLUDING A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER.

If you do not agree to these Terms, you may not access or otherwise use the Site or the Content. These Terms constitute a legally binding agreement between you and us (the operator of the Site). References in these Terms to "Site operator," "we," "us," and "our" also include our affiliates, agents, partners, successors, and assigns. The Site is only available to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is intended for and made available only to residents of the United States who are 18 years of age or older. By accessing and using the Site, you (i) accept and agree without qualification to the Terms, and (ii) represent and warrant (a) that you have the authority to bind the User (as defined below) to these Terms, and (b) that your use of the Site, including the provision or use of any Content, does not violate any applicable law.

1. Our Services

The Site is an online marketing and lead-generation marketplace that helps consumers shop for individual and family health insurance and related products (including, without limitation, major medical, short-term medical, dental, vision, accident, critical illness, supplemental, and other health-related insurance products generally available to individuals under age 65). The Site offers a co-branded quote workflow powered by our partner HealthCare.com (operated by HealthCare, Inc. and its affiliates, including HealthCare.com Insurance Services, LLC) and connects you with HealthCare.com and with licensed insurance agents, insurance agencies, insurance carriers, lead aggregators, and other similar parties (each, a "Network Partner" and, collectively with HealthCare.com, the "Network Partners") who may offer and sell insurance and related products to consumers who have visited the Site and submitted a request to receive insurance quotations or other authorized information (each such requesting consumer, a "Prospect"). All Prospects and other consumers who use the Site are collectively called the Site's "Users" (and may be referred to in these Terms as "you" or "your").

By choosing to become a Prospect, you authorize us to collect certain information about you (a "Lead") and to share that Lead with HealthCare.com and one or more other Network Partners. Upon completing any of the form(s) available on or through the Site (including any form hosted on a co-branded page powered by HealthCare.com), you may be presented with multiple health insurance options from one or more Network Partners and may be contacted by HealthCare.com and/or other Network Partners as authorized in Section 3 below.

We are not an insurance company, insurance agency, insurance broker, or health-care provider. We do not issue insurance contracts, do not bind coverage of any kind, do not provide medical care, and do not provide medical, tax, financial, legal, or other professional advice. We do not sell or underwrite any insurance or other products shown on the Site. We are an independent contractor for all purposes under these Terms.

We are not a "covered entity" or "business associate" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and information you submit through the Site is not "protected health information" as defined by HIPAA. Any health-related information you choose to submit through the Site is governed instead by these Terms and our Privacy Policy.

We are not responsible for the legality, safety, suitability, or quality of the products offered for sale by Network Partners, the accuracy or veracity of the representations regarding their products, the ability of Network Partners to sell their products, or the ability of Prospects (including you, if applicable) to pay for the offered products. We do not endorse or recommend any Network Partner or any insurance policy or other product offered by a Network Partner. We do not guarantee that any Network Partner to whom we transmit your information will contact you or agree to provide you with the requested insurance coverage. Network Partners — and not us — establish and maintain underwriting standards and determine the criteria necessary to receive insurance quotes and coverage. If you would like personal advice or specific insurance policy recommendations, please consult with a qualified, licensed professional.

We are paid a marketing lead-generation fee (or similar compensation) by Network Partners for the services we provide. Thus, the options presented to you after you complete a form on or through the Site may be from companies from whom we receive compensation. Such compensation may impact how and where options appear. Your use of the Site or our services constitutes your awareness and acknowledgment of these compensation arrangements. We do not include all insurance products, services, offers, or providers available in the marketplace. Products and services offered by Network Partners may only be available to residents of states where those Network Partners are authorized to conduct business, and rates and terms are subject to change at any time at each Network Partner's discretion.

The Site is an online resource only and is not intended as a substitute for professional medical, financial, tax, or legal advice. You should not rely on any content available on the Site as the basis for any decision concerning the diagnosis or treatment of any health condition, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. Always seek the advice of a qualified professional with respect to any questions you may have, and never disregard professional medical advice or postpone seeking it because of something you have read on the Site.

2. Dispute Resolution by Binding Arbitration

PLEASE CAREFULLY READ THIS SECTION, WHICH AFFECTS YOUR LEGAL RIGHTS.

You agree to attempt in good faith to resolve any dispute or claim that may arise between you and us under these Terms or relating in any way to your use of the Site or the Content (each, a "Claim"), by way of consultations initiated upon written notice by any party to the Claim to the other (the "Consultation Notice"). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought. If such a Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party may initiate an arbitration proceeding upon written demand to the other party (a "Demand") in accordance with the remainder of this Section 2. Any Demand to us should be addressed to: healthinsuranceseekers@cognius.com ("Notice Address").

You agree to the individualized arbitration of all Claims between you and us that cannot be amicably resolved in accordance with the foregoing paragraph. This agreement to arbitrate is intended to be broadly interpreted. It includes within its scope, but is not limited to: (a) Claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute (expressly including any claims under or in connection with the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 ("TCPA")), fraud, misrepresentation, advertising, or any other legal theory; and (b) Claims that could be alleged as class action Claims (but for your agreement to waive the right to participate in any class proceeding in accordance with this Section 2). For the avoidance of doubt, references in this Section 2 to "Site operator," "we," "Prospect," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of the services, information, or Site Content available through the use of the Site.

This arbitration agreement does not preclude you from bringing an individual action in small claims court if your Claim qualifies, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Further, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies (including, for example, the Federal Communications Commission, the Federal Trade Commission, your state's Attorney General, your state's department of insurance, or the Centers for Medicare & Medicaid Services).

You agree that, by entering into this arbitration agreement, you and we are each waiving our respective rights to a trial by jury or to participate in a class or representative action, and that arbitration of disputes pursuant to this Section 2 shall be in your individual capacity. THIS MEANS YOU ARE LIMITING YOUR RIGHT TO APPEAL AND ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE, OR JOIN THE CLAIMS OF OTHER PARTIES WHO MAY BE SIMILARLY SITUATED OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. You acknowledge and agree that the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this provision.

Any arbitration hereunder will be administered by the American Arbitration Association ("AAA") under its then-prevailing rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), if and as modified by these Terms, and will be presided over and decided by a single arbitrator with relevant industry experience appointed in accordance with the AAA Rules. The AAA Rules are currently available at https://www.adr.org/Rules or by calling (800) 778-7879. The arbitrator shall be bound by these Terms and shall apply Delaware substantive law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. All issues are for the arbitrator to decide, including, without limitation, issues relating to the applicability and enforceability of this arbitration agreement.

Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings under this Section 2 will take place in the county where you are domiciled. If your Claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules.

Except as otherwise provided for in this Section 2, in any arbitration between you and us where the Claims for damages do not exceed $10,000, all AAA filing, administration, and arbitrator fees shall, upon your written request, be paid by us. If the value of the relief sought is more than $10,000, and you are able to demonstrate that the costs of arbitration would be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your Claims or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse us for all monies previously disbursed that would otherwise have been your obligation to pay under the AAA Rules.

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 (which could be in the form of a respondent's counterclaim). The arbitrator shall not be bound by rulings in any prior arbitrations involving our other Users, but shall be bound by rulings in any prior arbitrations involving the same User to the extent required by applicable law.

With the exception of the provisions above prohibiting class arbitration or representative proceedings, if an arbitrator or court of competent jurisdiction decides that any part of this Section 2 is invalid or unenforceable, the other parts of this Section 2 shall still apply to the maximum extent possible. In the event that the foregoing prohibition on class arbitration or representative proceedings is deemed invalid or unenforceable, then the entirety of this Section 2 shall be null and void. The remainder of the Terms, including without limitation Section 15 (Choice of Law and Forum), will remain in force.

You may opt out of this arbitration provision only by written notice to us at the Notice Address within thirty (30) days of your acceptance of these Terms, which notice shall include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.

If we make any change to this arbitration provision (other than a change to the Notice Address) during the term of your relationship with us, that change shall not apply to any Claim against us initiated prior to the effective date of the change. The change shall apply to all other Claims that have arisen or may arise between you and us. We will notify you of changes to this arbitration provision by posting the amended terms on the Site or by email, in each case at least thirty (30) days before the effective date of the changes.

Notwithstanding anything to the contrary in these Terms, HealthCare.com and each other Network Partner shall be third-party beneficiaries of the rights to alternative dispute resolution and arbitration set forth in this Section 2, and each Network Partner shall have the right, at its election, to enforce this Section 2 with respect to any Claims involving a User as if such Network Partner were a party to the agreement to arbitrate set forth in this Section 2. This means that in the event of any dispute or Claim between you and a Network Partner that is based on or relates in any way to your use of the Site or the Content, that Claim may be subject to arbitration as set forth above.

DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

3. Consent to Be Contacted (TCPA Consent)

By submitting your information through the Site (or any form displaying similar consent language, including any co-branded form powered by HealthCare.com), you provide your prior express written consent under the TCPA and applicable state law to be contacted by us, HealthCare.com, and one or more other Network Partners (and their respective agents, service providers, and successors) regarding health insurance and related products, services, and offers. You agree that such contact may be made by:

Live agents;
Automatic telephone dialing systems;
Artificial- or pre-recorded voice messages;
SMS or MMS text messages (message and data rates may apply); and
Email or postal mail,

at any telephone number, email address, or postal address you provide, including any wireless number. You agree that you may be contacted by these methods even if your number appears on a federal or state Do-Not-Call list, on an internal company Do-Not-Call list, or on any similar list. Your consent is not a condition of purchasing any goods or services, and you may revoke it at any time as described below.

You may revoke your consent to receive communications from us at any time by contacting us at the Notice Address or by following the unsubscribe instructions in any email or text message you receive (for example, by replying "STOP" to a text message or clicking the unsubscribe link in an email). If you wish for HealthCare.com or a specific other Network Partner to stop contacting you, please contact that party directly using the opt-out contact information provided in their communications. We are not responsible for any Network Partner's failure to comply with your request to cease communications.

To create a verifiable electronic record of your consent, the Site may use one or more independent third-party "electronic agents," such as Jornaya's LeadiD solution and/or ActiveProspect's TrustedForm, to capture and time-stamp your form-completion activity. This is done in compliance with the federal Electronic Signatures in Global and National Commerce Act ("E-Sign Act," 15 U.S.C. § 7001 et seq.).

4. Personal Use

We do not charge Users to access the Site. We grant each User a limited, revocable, non-exclusive, non-transferable license to access the Site and the text, images, files, photos, information, and other materials on the Site (the "Content") in order to view, access, or make inquiries to us regarding our services, in accordance with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of display, copying, aggregation, collection, or derivative use of the Site, nor any right to use spiders, data mining, robots, or similar data extraction and gathering tools without our prior express written permission. Any rights not expressly granted herein are reserved by us.

5. Proprietary Rights and Content Ownership

All Content and the Site itself are protected by copyright and database rights as a compilation and/or collective work, pursuant to U.S. copyright laws, other copyright laws, trademark laws, and international conventions. The Content is only for each User's personal use in accordance with Section 4 (Personal Use). All Users agree to abide by these Terms and any and all additional information, restrictions, or copyright notices contained in or relating to any Content on the Site. Copying or storing any Content other than for noncommercial, personal use is expressly prohibited without prior written permission from us or the applicable copyright holder.

You acknowledge and agree that the Site operator and its affiliates own the data gathered through the Site and any associated applications. By submitting, displaying, publishing, or otherwise posting any content or information ("User Content") on or through the Site, you hereby grant to us a non-exclusive, sub-licensable, irrevocable, worldwide, fully paid, royalty-free license to use, modify, publicly display, reproduce, publish, and distribute such User Content in any and all media now known or hereafter developed without the requirement to make payment to you or any third party or to seek your or any third party's permission. You represent and warrant that you have all rights necessary to grant the foregoing license and that your User Content does not violate any third-party right, applicable law, or these Terms.

If you provide us with any feedback or suggestions regarding the Site ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary.

6. Unauthorized Use

Unless otherwise provided herein, or unless otherwise allowed under applicable law, you may not do any of the following without our prior written consent: upload, post, display, copy, republish, reproduce, transmit, or distribute any Content in any form whatsoever; reproduce any portion of the Site on your website or using any device, including but not limited to use of a border or frame environment around the Site; reverse engineer, disassemble, copy, or duplicate any part of the Site; modify, translate, or create derivative works from any Content or part of the Site; offer for sale, sell, license, or transfer any portion of the Site to any third parties; use any spider, robot, or other automated device to copy, monitor, or maintain a database copy of the Content; use the Site other than to make legitimate inquiries; use the Site to create any fraudulent or false inquiry or account, or to submit information about a person other than yourself without that person's lawful authorization; transmit any abusive, threatening, unlawful, defamatory, or obscene material; access or use the Site in any way that adversely affects the functionality or performance of the Site; transmit viruses, worms, Trojan horses, or other harmful code; harvest, collect, gather, or assemble information or data regarding other Users without their consent; or attempt to gain unauthorized access to the Site or any related computer system.

Unauthorized access to and/or use of the Site, or the telecommunications or computer facilities used to deliver the Site, is a breach of these Terms and a violation of law. If you are or become aware of any Content, activity, or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending prompt notification to the Notice Address.

We reserve the right (but have no obligation) to review any User Content or other use of the Site, and to investigate and/or take appropriate action against you in our sole discretion if you violate this Section 6 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, and/or reporting you to law enforcement authorities.

7. Site Changes

We may change, discontinue, or suspend any aspect of the Site at any time, including the availability of any Site features, Content, or database. We may also impose limits on certain services or features or restrict your access to all or part of the Site without notice to you or liability to us. We have no obligation to provide any support or maintenance in connection with the Site.

8. Our Privacy Policy

When you use the Site, you consent to the collection and use of your personally identifiable information in accordance with the Privacy Policy, which is incorporated into these Terms. Our Privacy Policy explains our information collection practices and safeguards, how we use and share your information, and how to opt out of receiving communications from us. You acknowledge that when you are redirected to, or interact with, a co-branded partner form or page powered by HealthCare.com, HealthCare.com's own privacy policy (available at https://www.healthcare.com/privacy-policy) may also apply to the information you provide on that form or page. Similarly, when your information is shared with any other Network Partner, that Network Partner's own privacy policy will govern its use of your information. We encourage you to review any such partner's privacy policy before submitting your information.

9. Identity Verification; Caution

We encourage all Users to use appropriate caution when interacting with anyone with whom you may be doing business — specifically via the Site or generally via the Internet — including HealthCare.com, other Network Partners, and any agent, broker, or carrier offering you health insurance products. We strongly recommend that you perform your own due diligence and research on each potential Network Partner before selecting or entering into any agreement or arrangement with any particular Network Partner.

10. Limitation of Liability

IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, OR NETWORK PARTNERS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE, OR ANY TRANSACTION BETWEEN YOU AND US OR BETWEEN YOU AND ANY NETWORK PARTNER (INCLUDING WITHOUT LIMITATION HEALTHCARE.COM) THAT IS ENABLED BY OR ARISES IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, (vi) STATUTE, OR (vii) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH LIMITATIONS AND EXCLUSIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IN ALL EVENTS, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (a) THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH DURING WHICH ANY SUCH ALLEGED CLAIM(S) ACCRUED, AND (b) $200.00. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FIRST ARISES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR NETWORK PARTNERS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND TO YOU ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU — EITHER AT ALL, OR TO THE EXTENT DAMAGES TO YOU ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

11. Disclaimer

THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, INFORMATION, FUNCTIONS, AND MATERIALS AVAILABLE THROUGH THE SITE, FOR ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES (INCLUDING WITHOUT LIMITATION HEALTHCARE.COM AND ANY OTHER NETWORK PARTNER), OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS ON THE SITE OR ANY SERVICES, CONTENT, OR MATERIALS CONTAINED THEREIN WILL MEET YOUR NEEDS, BE COMPLETE OR ACCURATE, BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY AS TO: (a) THE QUALITY, SAFETY, SUITABILITY, COMPLETENESS, OR LEGALITY OF INSURANCE-RELATED OR OTHER PRODUCTS OR SERVICES OFFERED BY ANY NETWORK PARTNER; (b) THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY NETWORK PARTNER'S REPRESENTATIONS REGARDING SUCH PRODUCTS OR SERVICES; (c) THE ABILITY OF ANY NETWORK PARTNER TO OFFER OR SELL ANY PARTICULAR INSURANCE PRODUCT OR SERVICE IN YOUR STATE OR TO YOU PERSONALLY; OR (d) YOUR ABILITY TO PAY FOR INSURANCE-RELATED OR OTHER PRODUCTS OR SERVICES OFFERED BY NETWORK PARTNERS. WE DO NOT GUARANTEE THAT RATES OR TERMS ADVERTISED OR OFFERED BY NETWORK PARTNERS INCLUDE THE LOWEST OR MOST FAVORABLE RATES OR TERMS AVAILABLE IN THE MARKET. NOTHING ON THE SITE CONSTITUTES MEDICAL, FINANCIAL, TAX, OR LEGAL ADVICE.

ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO INFORMATION OBTAINED BY A USER THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.

12. Release

In the event that you have a dispute with any Network Partner, Prospect, or other third party, including without limitation HealthCare.com, any insurance agent, broker, or carrier, or any other User of the Site, arising from or in connection with the use of the Site, you hereby agree to release, remise, and forever discharge us and our agents, directors, officers, employees, shareholders, and all other related persons or entities from any and all manner of Claims, rights, complaints, demands, causes of action, proceedings, obligations, liabilities, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such third-party dispute or your use of the Site.

If you are a California resident, you hereby waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.

13. Indemnity

You hereby agree to indemnify, defend, and hold us and our agents, directors, officers, employees, shareholders, and all other related persons or entities (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys' fees and court costs) incurred by any of the Indemnified Parties in connection with any Claim arising out of (a) your use of the Site or the Content thereon (including, without limitation, as a result of any transaction or interaction between you and HealthCare.com or any other Network Partner, or any of a Network Partner's affiliates, partners, or agents, that is enabled by or arises in connection with your use of the Site); (b) any information or data you access or provide through the Site (including any information you provide about another person); (c) any act (or failure to act) by you or other Users of your account; (d) your breach of these Terms, including, without limitation, the representations, warranties, and covenants made by you herein; or (e) your violation of applicable laws or regulations. We reserve 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 such claims. You agree not to settle any matter without our prior written consent.

14. Proprietary Rights Notification (DMCA)

We do not permit copyright- or trademark-infringing activities or any other infringement of intellectual property rights on the Site, and we will remove or modify (or ask you to remove or modify) Content if we are properly notified that such Content infringes on another's intellectual property rights. We will also terminate, in appropriate circumstances, Users who are repeat infringers. If you are a copyright or trademark owner or an agent thereof and believe that any Content in any public area of the Site infringes upon or otherwise conflicts with your proprietary rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work or other proprietary work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.

Please use the Notice Address for any such DMCA notification.

15. Choice of Law and Forum

These Terms are governed by the laws of the State of Delaware (excluding its conflict of laws rules) and applicable federal law. Subject to Section 2 (Dispute Resolution by Binding Arbitration), you irrevocably agree that the sole and exclusive jurisdiction and venue of any legal proceedings against us shall be in the federal and/or state courts sitting in Wilmington, Delaware. You covenant not to sue us in any other forum for any cause of action. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. Subject to Section 2, if for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to accomplish the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

16. No Agency

The relationship between the Site operator and each User and Network Partner is that of independent contractors, and no agency, joint venture, partnership, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms or your use of the Site.

17. Trademarks

Our logos, the "healthinsuranceseekers.com" name, and our other product and service names are our trademarks (the "Marks"). The HealthCare.com name and related logos are trademarks of HealthCare, Inc. and/or its affiliates and are used on the Site pursuant to our co-branded partnership. All other trademarks, logos, and service marks displayed on the Site are the property of their respective owners. You agree not to display, reproduce, or otherwise use in any manner any such Marks without our prior written permission or the permission of the applicable third-party owner.

18. Notices

Except as explicitly stated otherwise, any notices sent from you to us shall be submitted via email to the Notice Address. When we need to send a notice to you, it shall be sent to the email address you last provided to us. Notice shall be deemed given upon receipt, or twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address last provided to us by you. In such cases, notice shall be deemed given three (3) days after the date of mailing.

19. Amendments

We reserve the right to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter (or, for material changes, on such later date as we may specify). Your continued use of the Site following the posting of any such changes, modifications, or amendments to these Terms will constitute your acceptance thereof. These Terms may not otherwise be modified, except in a writing signed by both parties. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent set forth therein. These Terms (including, without limitation, the E-Sign Consent, the TCPA Consent, and the binding arbitration provisions) and the Privacy Policy constitute the entire agreement between us and each of our Users with respect to the matters addressed herein.

20. Links to Third-Party Sites

This Site may contain links to other Internet sites, including co-branded partner pages and HealthCare.com-hosted forms. We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on such external sites or resources. We provide these links and references to you only as a convenience, and inclusion of any link or reference does not imply endorsement of the third-party website or other resource. When you click on any third-party link or advertisement, 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 or advertisements.

21. Partial Invalidity

The invalidity or unenforceability of any one or more sections of these Terms shall not affect the validity or enforceability of its remaining provisions.

22. Acknowledgment

You acknowledge that you have read and understand these Terms, and that these Terms have the same force and effect as a signed agreement. These Terms shall confer no rights upon any other party other than the parties hereto (and HealthCare.com and any other Network Partner electing to enforce Section 2).

23. E-Sign Consent

In this E-Sign Consent, the following definitions apply: (i) "You" and "your" refer to you, the User; (ii) "We," "us," and "our" refer to the Site operator and its affiliates, agents, successors, and assigns. By clicking any "I agree," "Get Quotes," "Submit," or similar button, which you adopt as your electronic signature, you consent and agree that:

We can provide you disclosures required by law, and other information about your legal rights and duties, electronically. Your electronic signature on agreements and documents has the same effect as if you signed them in ink. We can send all communications and disclosures, including, but not limited to, this E-Sign Consent, the telephone and email contact consent, and the Privacy Policy and Terms of Use (collectively defined as "Disclosures") to you electronically: (1) via email; (2) by access to a website that we designate in an email notice we send to you at the time the information is available; or (3) to the extent permissible by law, by access to a website that we generally designate in advance for such purpose.

If you would like a paper copy, you can print a copy of the Disclosures or download the information for your records. This consent applies to: (1) your use of products and services offered by us; (2) all future Disclosures associated with us; and (3) all future transactions with us, at any time, and to other Disclosures that we provide to you by email, unless you have, prior to such transaction, withdrawn your consent by the procedure mentioned below.

You understand that, to access and retain the electronic Disclosures, you will need: a computer or mobile device with an Internet connection; a current web browser that includes 128-bit encryption with cookies enabled; a valid email address; and sufficient storage space to save Disclosures and/or an installed printer to print them.

Any withdrawal of your consent to receive electronic Disclosures will be effective only after we have a reasonable period of time to process your withdrawal. You understand and agree that if you withdraw your consent to receive electronic Disclosures, we may — though we are not obligated to — decline to provide further services. You can update the email address to which we will send alerts that Disclosures are available by contacting us at the Notice Address.

By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you. You understand and agree that Disclosures are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email address is invalid.

24. Health-Insurance-Specific Disclosures

We do not sell insurance or bind coverage on the Site. Instead, we provide a marketing and lead-generation service to help HealthCare.com and other Network Partners offer and sell health insurance and related products to you and other Prospects who have visited the Site and submitted a request to receive quotes or other insurance-related information.

We make no representation or warranty as to: (a) the quality, safety, suitability, completeness, or legality of insurance-related or other products or services offered by any Network Partner; (b) the truth, accuracy, or completeness of any Network Partner's representations regarding such products or services; (c) the ability of any Network Partner to offer or sell certain insurance-related products or services in your state or to you personally; or (d) your ability to pay for insurance-related or other products or services offered by Network Partners.

We do not guarantee that HealthCare.com or any other Network Partner to whom we may transmit your information will contact you or agree to provide you with desired coverage. Network Partners — and not us — establish and maintain approval standards and determine the criteria necessary to receive insurance quotes and coverage. You should review each Network Partner's terms and conditions to determine which offer may work best for you and your personal situation. We do not guarantee that rates or terms advertised or offered by Network Partners include the lowest or most favorable rates or terms available in the market. All rates, fees, and other terms are presented without guarantee and are subject to change at any time based on each Network Partner's discretion. Products and services offered by Network Partners may only be available to residents of states where Network Partners are authorized to conduct business.

The Website is not the Health Insurance Marketplace. The Site is not affiliated with, endorsed by, or operated by the U.S. Department of Health and Human Services, the Centers for Medicare & Medicaid Services, healthcare.gov, or any state-based Marketplace or exchange. The Site does not determine eligibility for Medicaid, the Children's Health Insurance Program ("CHIP"), advance premium tax credits, cost-sharing reductions, or any other governmental program. For official information about eligibility and enrollment in qualified health plans through the Health Insurance Marketplace, please visit www.healthcare.gov or your state-based Marketplace.

No medical advice. Nothing on the Site is intended to be, and should not be construed as, medical advice or a substitute for advice, diagnosis, or treatment provided by a qualified health-care professional. You should always seek the advice of a qualified physician or other qualified health-care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice, or delay seeking it, because of something you have read on the Site.

No tax, financial, or legal advice. Health insurance is a complex product with significant tax, financial, and legal implications. Nothing on the Site is intended to be, and should not be construed as, tax, financial, or legal advice. You should consult with a qualified tax, financial, or legal professional regarding your specific circumstances.

Plan availability and changes. Plan availability, premiums, benefits, networks, formularies, and cost-sharing vary by plan, by carrier, and by state, and are subject to change at any time at the carrier's discretion and subject to applicable regulatory approval. Open Enrollment Periods and Special Enrollment Periods are set by federal and state law and may limit when you can enroll in or change coverage.

Contact Us

If you have additional questions or need more information about these Terms, please contact us by email at healthinsuranceseekers@cognius.com.

Cognius Inc., d/b/a SmarterTravel
One Kendall Square, B2201
Cambridge, MA 02139