Terms and Conditions Terms and Conditions

Terms and Conditions

By visiting and utilizing the resources here at CompareHealthRates.com you agree to following terms and conditions of use. If you do not accept all the terms, you may not use the site. The following terms and conditions form a binding agreement between you the visitor and us ("CompareHealthRates.com")

BY USING CompareHealthRates.com, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER: (A) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR (B) THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a child under the legal age necessary to enter into this Agreement, then, as used in this Agreement, "you," "yourself," "your," and "user" means and refers to you on behalf of yourself and your child who is the user of the Website.

This Agreement contains a binding arbitration agreement. These Terms affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. As a condition of using this Site, you agree that any disputes pertaining to information presented herein and use of the Site (including any services purchased) shall be resolved through binding arbitration and not in a court. You have the right to opt-out of our agreement to arbitrate.

Services

CompareHealthRates.com was built to be an online resource for consumers seeking to purchase or educate themselves on the nuances of the health insurance marketplace. We provide search, comparison and other tools to help consumers make smarter choices about their purchase decision and utilization.

We gather information from a variety of data sources including the government, nonprofit and leading commercial resources. You agree that CompareHealthRates.com is not responsible for the accuracy, timeliness or completeness of any information it may display or provide.

While CompareHealthRates.com provides the opportunity to receive health insurance quotes from our network of service providers, we are not a health insurer or agency and does not provide any of the products or services advertised here. nor do we endorse or recommend any companies or specific types of insurance policies.We may provide visitors with the opportunity to submit requests for information on a variety of products and services offered by certain service providers.

ARBITRATION OF DISPUTE - IMPORTANT NOTICE AFFECTING YOUR RIGHTS

In the event of any controversy between the parties, including but not limited to any claim, dispute, suit, demand, cross claim, counterclaim, or third party complaint (whether statutory, in tort, or otherwise) arising out of or relating to the Site and/or services and/or products offered by TruSource Marketing, LLC on Health1nsurance.com, including the validity, scope or applicability of this Arbitration agreement, shall be determined by binding arbitration. Any issue as to validity, scope or applicability of this arbitration agreement is delegated to the arbitrator, not the court. This arbitration provision is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration.

THE PARTIES AGREE THAT ARBITRATION SHALL BE HEARD BY A SINGLE ARBITRATOR. YOUR CLAIM WILL NOT BE BROUGHT IN COURT AND NEITHER A JUDGE NOR A JURY WILL HEAR YOUR CLAIM. YOU MAY ASSERT A CLAIM IN ARBITRATION ONLY ON AN INDIVIDUAL BASIS AND NOT IN ANY REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL OR CLASS, COLLECTIVE OR MASS ACTION. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS.

The arbitration shall be conducted privately in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, including that:

  1. 1. The parties expressly waive the applicability of any rule permitting class, collective, or mass arbitration; and
  2. 2. The parties agree that any specific arbitration procedures provided for herein shall apply to the arbitration proceeding.

The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. The arbitrator shall be guided by and apply the Federal Rules of Evidence and the governing substantive law applicable to the dispute. The arbitrator’s award shall be final and binding on all parties.

Judgment on the arbitration award may be entered in any court having jurisdiction over the parties. If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award.

You acknowledge that USHEALTH Advisors, LLC, its affiliates and its independent insurance advisors are express and intended third party beneficiaries of this agreement to arbitrate and shall have the right to enforce it against you to the same extent as if they were a party to this agreement.

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE A FUTURE CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 45 DAYS FROM THE DATE OF THIS AGREEMENT (THE DATE THAT YOU VISIT THIS SITE). You may opt out of these arbitration procedures by calling telephone or via the internet by completing the opt-out form located at https://health1nsurance.com/about#contact-us. Any opt out received after the opt-out deadline will not be valid and you must pursue your claim in arbitration. Whether you accept this arbitration agreement or opt out of arbitration so you can proceed in court, you acknowledge and agree that, in any court case you may file, you WAIVE THE RIGHT TO A TRIAL BY JURY AND THAT YOU CANNOT FILE A CLAIM IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, OR FILE A CLAIM AS A CLASS, COLLECTIVE OR MASS ACTION OR PARTICIPATE IN A CLASS ACTION. THIS CLASS, COLLECTIVE AND/OR MASS ACTION WAIVER EXISTS INDEPENDENT OF THE ARBITRATION PROVISION AND SURVIVES ANY DETERMINATION THAT THE ARBITRATION PROVISION IS NOT VALID, BINDING OR ENFORCEABLE.

JURY TRIAL WAIVER: If a claim proceeds in court rather than arbitration, ALL PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.

FORUM Selection: Any arbitration hearing will take place in Solon, Ohio, where TruSource Marketing, LLC’s principal place of business is located. You will have 45 days from the date of this Agreement (the date that you visit this Site) to opt out of the Solon, Ohio forum, and instead, arbitrate where you reside. You may opt out of the Solon, Ohio forum by calling telephone or via the internet by completing the opt-out form located at https://health1nsurance.com/about#contact-us. The 45 days to opt out of Solon, Ohio forum runs concurrently with (and not in addition to) the 45 days to opt out of arbitration.

Notice of Claim; Right to Resolve. For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address: TruSource Marketing, LLC, 38505 McDowell, Dr., Solon, OH 44139. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration (or in court if you opt out).

Content

CompareHealthRates.com provides the content appearing on the Website solely for your convenience and informational purposes, and such content is not intended as a substitute for professional or financial advice and should not be construed as the provision of professional advice or recommendations. Furthermore, we are not responsible for the accuracy or reliability of any website content, or for expenses, losses or damages incurred by relying upon the information presented here. This Website and all information it contains are provided "AS IS."

By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

Links

CompareHealthRates.com may provide links to other websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that CompareHealthRates.com is not responsible for the availability or accuracy of such external sites or resources.

Service Providers

In submitting a request to us, via online form, you agree to allow us to refer all the information that you provide in connection with your request to Service Providers to fulfill said request. You are under no obligation to purchase anything from service providers that we put you in contact with however, we strongly recommend that you perform your own due diligence and research on each potential service provider prior to selecting or entering into any agreement or arrangement with them. In addition, once we refer you to a service provider that can help you, we have no further involvement in, or responsibility for, any transactions that occur between you and said Service Provider. Your interaction with any service providers accessed through CompareHealthRates.com is at your own risk, and we have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such service providers or for any expenses, losses or damages resulting from your interactions with the service providers.

Prohibited Activity

You agree not to use the Website for illegal, unauthorized, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe the intellectual property, privacy or other rights of another.

You agree not to engage in excessive usage of the Website, as determined by CompareHealthRates.com in its sole discretion, including usage that adversely affects the speed, responsiveness or functionality of the Website, or disrupts the availability of the Website for other users.

You agree not to attempt to damage, deny service to, hack, crack, reverse engineer or otherwise interfere with CompareHealthRates.com in any way.

You agree not to create a database by systematically downloading and storing all or any Website content.

Disclaimer of Warranties

The Website is provided "AS IS" and you assume any and all liability for using the Website and its services. CompareHealthRates.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.

Limitation of Liability

We (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website, your downloading of any Website Content or (b) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of the Website or the Website Content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website); or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless CompareHealthRates.com, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns from and against any claim, demand, loss, damage, cost, or liability.

Governing Law

This Agreement shall be governed by the laws of the State of Ohio.

Privacy Policy

for CompareHealthRates.com's policies as they relate to customer privacy, please review our privacy policy

Miscellaneous

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice thereof on the Website.

You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.