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Terms of Use

Last Updated: August 20, 2020

Table of Contents:

  1. About These Terms of Use
  2. Consent and Privacy
  3. User-Generated Content
  4. Our Services
  5. Limited License to Use the Site and Services
  6. Intellectual Property and Prohibited Activities
  7. Unauthorized Use
  8. Changes to the Site
  9. Data Transmittal
  10. Identity Verification
  11. Limitation of Liability
  12. Disclaimer of Warranties
  13. Release
  14. Indemnification by Consumer
  15. Dispute Resolution
  16. No Agency
  17. Notices
  18. Copyright Infringement
  19. Links to Third-Party Sites
  20. Miscellaneous
  21. Feedback and Questions

 

About This Agreement

Welcome to MarigoldMedicare.com, operated on behalf of IHC Specialty Benefits, Inc (“IHCSB”). We want you, the consumer, to be familiar with your rights and obligations relating to use of our website and services, as well as our promises to you. Please, carefully review all the terms below.

Here are a few important points:

  • We take your privacy very seriously. See our Privacy Policy.
  • By taking action to request information, accept terms, or submit information, you are consenting to certain contact from Marigold Medicare and our partners, including IHCSB. (Section 2)
  • Marigold Medicare is not liable for your activities and makes no warranties with respect to our sites. (Section 11) and (Section 12)
  • You agree to arbitrate in your individual capacity if there is a dispute between us. (Section 15)
  • Please do not hesitate to contact us if you have questions or need help.

1. About These Terms of Use

IHC Domain Holdings, LLC (“Domain Holdings”, “Marigold Medicare”, “we”, “us” or “our”) owns and operates this domain on behalf of IHCSB, a licensed insurance agency. Domain Holdings operates several websites, including MarigoldMedicare.com (each a “Site” and collectively, the “Sites”). By using or accessing this Site, a mobile application of this Site, or any of the Site’s Elements (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions of service (the “Terms”). The Terms constitute a legally binding agreement between you and Domain Holdings as the owner or operator of the Site. You covenant, represent, and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Site, including provision or use of any Content (defined below), does not violate any applicable law. If you are using the Site on behalf of an employer or other entity, you represent and warrant that you have the authority to bind such entity to the Terms. 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 Site. These provisions form an essential basis of our bargain.

If you do not agree to these Terms, you are not authorized to access or use the Site or the services offered on the Site. Stop using any services and exit the Site.

Modified or Additional Terms of Use

We reserve the right, in our sole discretion, to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time. We will post a revised version of these Terms on the Sites and the revised Terms will be effective immediately thereafter. Your submission of an inquiry and/or other use of the Sites following the posting of any such change, modification, or amendment to these Terms will constitute your acceptance of the amendments. When we post changes to these Terms, we will revise the “last updated” date at the top of these Terms. You should periodically review the “last updated” date at the top of these Terms so that you can familiarize yourself with any changes. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

Because we provide a wide range of services, we may ask you to review and accept supplemental terms that apply to a specific product, service, or app. To the extent those supplemental terms conflict with the Terms, the supplemental terms associated with the product, service, or app govern with respect to your use of such product, service, or app to the extent of the conflict.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Domain Holdings are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Domain Holdings on an individual basis.

2. Consent and Privacy

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for information or by making any other submission (“submission”), you understand that you are agreeing to the stated terms and conditions of that submission (which include these Terms) and that you are submitting an inquiry to Marigold Medicare, which may transmit your inquiry, including contact information, to third parties that are customers of our site, including marketing partners (each, a “Provider”). Providers may include companies affiliated and under shared corporate control with us. By including your telephone number and/or email address in any submission, you are extending an express invitation and providing your express written consent to Domain Holdings and our partners to contact you by telephone at the numbers you have provided (including through an automatic telephone dialing system and using pre-recorded, artificial voice, and/or text messages) so we or they may assist you with your transaction, and you hereby consent to any such calls or texts even if your phone number is on any corporate, state, or national Do Not Call list or registry. You also consent to receiving contact by email at any email address you provide. You will never be required to provide your consent to be contacted in order to purchase or receive goods or services. For SMS and MMS text messaging, message and data rates imposed by your mobile data provider may apply. You represent that all of the information you have provided in your submission is true and complete. Where applicable, you authorize us to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties or credit bureaus.

You are never required to give us any health-related information. When you use the Site to make a submission, you agree to allow the Site and Marigold Medicare to add your telephone number and email address to our database of users. You may receive one or more marketing calls or emails from the Site, Marigold Medicare, and/or our affiliates. You may opt out of receiving such marketing emails from us at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy, which is expressly incorporated into these Terms.

Please note that we may make and retain records documenting your digital interactions with our Sites. We may engage the services of outside vendors to help us perform this compliance activity.

3. User-Generated Content

As part of your use of this website and all content, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features and other services that we own, control, and make available through this website (“Service”), you may be able to post content, including social media content, on this website or on our other online properties linked to this website. Any Content you post to the site will be considered non-confidential and non-proprietary.

When you post content to this website, the Sites, or otherwise use the Service to post content, you grant us and our designees ownership to the content that you have posted (“Content”), including all patents, copyrights, trademarks, and other intellectual property in the content. You grant us the perpetual, worldwide, non-exclusive, transferrable, assignable, sublicensable, irrevocable, royalty-free license to edit, adapt, modify, reproduce, promote, publish, create derivative works of, perform and otherwise use the Content in any way and in any media for trade, advertising, promotional, or any other purposes, and use, make, have made, sell, offer for sale, import and export products and services based on such Content, as we and our designees may determine or see fit, without having to seek permission from, and without consideration or notification to you or any third party. You also agree that we may replicate and repost any of the Content on other online properties as determined by us in our sole discretion, for visitors of the website(s) to view.

By posting Content, you represent and warrant that you own all rights, title and interest and have obtained all appropriate permissions and releases to grant us ownership of the Content. You agree that your rights in the Content include and are not limited to all rights, title and interest to any patent, trademark, trade secret, copyright or other proprietary rights, including, but not limited to, privacy and publicity rights in the Content and all rights for us to use the Content. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Any content and/or opinions uploaded, expressed or submitted to the website, and all articles and responses to questions and other content, other than the content provided by Domain Holdings, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Domain Holdings. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the website.

4. Our Services

PLEASE BE ADVISED THAT WE ARE NOT A GOVERNMENT AGENCY OR AN INSURANCE PROVIDER. WE DO NOT PROVIDE MEDICAL SERVICES OR HEALTHCARE, NOR DO WE OFFER MEDICARE OR HEALTH INSURANCE FOR SALE. WE ARE NOT A MEDICARE PROVIDER, AND WE DO NOT OFFER MEDICARE PLANS. Instead, the Site is built to offer a guide to the basics of Medicare coverage options, enrollment, and eligibility, including articles that provide analysis of the policy developments that are likely to affect Medicare coverage. Furthermore, this website acts as a venue to allow Providers to offer insurance and other opportunities to any consumer (each, a “Prospect”; all Prospects and Providers are referred to together as the Site’s “users”) who has visited one of our Sites or affiliated sites and submitted an inquiry or request to be contacted by companies offering Medicare plans, health insurance, or other products. We do not offer any of the products or services described on our Sites, nor do we engage in other consumer financial transactions. DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT. The information provided is not a substitute for professional healthcare and is not meant to replace the advice of a healthcare professional. You should see your healthcare provider for any medical condition.

We are not involved in the transaction between any Prospect and any Provider even though we may, through our Site or other affiliate sites, and with each Prospect’s authorization, collect certain information (collectively, a “Lead”) about any Prospect and sell such Lead to a Provider. Consequently, Domain Holdings is not responsible for any service-related issues you may experience or inquire about, such as problems receiving a quote for insurance, coverage questions, or problems managing payments. Any service issue is solely the responsibility of each user. We are an independent contractor for all purposes.

We are not responsible in any way for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers, or companies offered by any Provider. We do not guarantee that any of the Providers to whom we forward any Prospect’s information will contact such Prospect or agree to provide the Prospect with any form of help. The Providers that can connect you with health insurance or conditional offers may not respond with quotes or offers until they obtain additional information from you. Although Domain Holdings is compensated by Providers when we display advertisements for their products or services to you and/or when you fill out and submit a form, we do not make any decisions in connection with the offers that may be offered to you. Any compensation from Providers is payment for our services, tools, and facilities. Your use of the Site and/or the Service constitutes your agreement with this compensation arrangement. The Site and the products, services, and opportunities provided or advertised on and through the Site may not be available in all states, and the availability of such services, products, and opportunities offered on and through the Site may change from time to time without notice. Domain Holdings does not guarantee any form of insurance or specific terms or conditions with any Provider.

As described above, Providers are third parties and your experience with Providers may vary. Providers may request, verify, and record information that identifies each consumer who makes a submission. For example, they may ask for your name, Social Security Number or driver’s license number, address, date of birth, and other important identifying information. Your decision to provide this information to a third party is entirely your responsibility.

5. Limited License to Use the Site and Services

We do not charge users to access the public portions of our Site. Providers may compensate us for Leads or other information that we gather from our Sites, and we may from time to time charge users fees for utilizing various other services that may now or in the future be provided by our Site. Accordingly, we grant each user a limited, revocable, non-exclusive license to access the Site in order to, as applicable, view or make legitimate inquiries to us regarding our Service, all in accordance with these Terms. We further grant each Provider or our third-party service providers a limited, revocable, non-exclusive license to access the password-protected portions of the Site or the Service (as applicable) in accordance with these Terms or any written agreement between us and the Provider or the third-party service provider. Any other use of the Site or the Service is expressly prohibited.

Importantly, this limited license does not include any right of collection, aggregation, copying, duplication, display, or modification of the Site or the Service nor any right of use of data mining, robots, spiders, or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

6. Intellectual Property and Prohibited Activities

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps, and other materials, including Content, on the Site and/or available through the Service (collectively, the “Elements”) are only for each user’s personal use in accordance with the limited license grant contained herein or also pursuant to any separate written agreement. All Elements on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Elements on the Site. Copying or storing of any Elements other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. All trade and service marks and logos used on the Sites (including, without limitation, the Site’s domain name) are the exclusive property of Domain Holdings or its licensors (as applicable), you may not copy or use them in any manner and all goodwill arising from the usage thereof shall inure to our (or our licensors’, as applicable) sole benefit.

7. Unauthorized Use

Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:

  • Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the Elements in any form whatsoever;
  • Reproduce any portion of the Site or the Service on your website or otherwise, using any device including, but not limited to, use of a frame or border environment or other framing technique, to enclose any portion or aspect of the Site or Service, or mirror or replicate any portion of the Site or Service;
  • Modify, translate into any language or computer language, or create derivative works from any Elements or any part of this Site or Service;
  • Reverse engineer any part of this Site or the Service;
  • Sell, offer for sale, transfer, or license any portion of the Site or Service in any form to any third parties;
  • Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Elements or any portion of the Site or Service;
  • Use the Site other than to learn about our Service and to make legitimate inquiries to us regarding our Service;
  • Use the Site to create any false or fraudulent account or inquiry or engage in any fraudulent action;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
  • Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
  • Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our service providers;
  • Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark or patent rights, rights of publicity or privacy or any other proprietary rights;
  • Upload or transmit to the Site or use in connection with the Site any device, software, or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or in any way disrupt or intercept the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, systems, or networks; or
  • Disguise the origin of any information or inquiry transmitted through the Site.

If we believe that you are engaging in any activity through or in connection with the Site or the Service that appears to be in violation of the above, or in violation of any other provision of these Terms, or a violation of applicable law or regulations, we may, without limiting our other rights and remedies, immediately terminate any further use of the Site or Service by you without notice.

8. Changes to the Site

We may change, remove, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site features, Elements, or database without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice to you or liability to us.

9. Data Transmittal

Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States. By using the Site, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Site will be deemed to have occurred in the United States.

10. Identity Verification

User verification on the Internet is difficult, and we cannot and do not confirm each user’s purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Site or the Internet, generally. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER DOMAIN HOLDINGS NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ONLINE ID AND PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ONLINE ID AND PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH DOMAIN HOLDINGS AND OTHER USERS. Further, we may suspend or cancel your account or your access to the Site and/or the Service at any time with or without notice if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.

11. Limitation of Liability

IN NO EVENT WILL DOMAIN HOLDINGS, OUR AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “DOMAIN HOLDINGS GROUP”) BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITES OR SERVICE, THESE TERMS, YOUR USE OF THE SITE, OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN YOU AND OUR SERVICE PROVIDERS(S) BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN 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, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE DOMAIN HOLDINGS GROUP, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS, OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE AND THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF DOMAIN HOLDINGS, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO $100.00.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. Disclaimer of Warranties

THE SITES AND THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES OR THE SERVICE, ARE PROVIDED “AS IS.” WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND ACCURACY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITES OR THE SERVICES, MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITES OR THE SERVICE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR ANY SERVICES, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13. Release

In the event that you have a dispute with one or more other users of the Site (including, without limitation, any dispute regarding any transaction), you hereby agree to release, remise, and forever discharge the Sites and each member of the Domain Holdings, each of their respective agents, directors, officers, members, managers, employees, successors, and all other related persons or entities from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, 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 dispute and/or your use of the Sites or the service. If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor” (or any equivalent statutory provision with a similar import or intent). 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.

14. Indemnification by Consumer

You hereby agree to indemnify, defend and hold the Site and each member of Domain Holdings (collectively, the “indemnified parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the indemnified parties in connection with any claim arising out of your use of the Sites (including, without limitation, any dispute regarding any transaction), any act (or failure to act) by you or other users of your account or any breach by you of these terms or the representations, warranties, and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim. Domain Holdings reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.

15. Dispute Resolution

Arbitration

SHOULD A DISPUTE ARISE BETWEEN YOU AND DOMAIN HOLDINGS (OR, WITH RESPECT TO DISPUTES INVOLVING YOUR DATA SUBMITTED THROUGH ANY SITE OR THE SERVICE, BETWEEN YOU AND ANY PERSON WHO PURCHASES SUCH DATA) CONCERNING THE TERMS AND CONDITIONS OF THESE TERMS, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE SITE OR SERVICE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY DOMAIN HOLDINGS, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS THEN CURRENT COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”), AS MODIFIED BY THESE TERMS. SUCH ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR. The arbitrator is bound by these Terms and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section are for a court to decide. ANY AWARD RENDERED SHALL BE FINAL AND CONCLUSIVE TO THE PARTIES, AND A JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ONE OF THE PARTIES TO THE DISPUTE IS A PERSON WHO PURCHASES YOUR DATA SUBMITTED THROUGH THE SITE OR THE SERVICE, THEN SUCH ARBITRATION SHALL BE CONDUCTED IN A LOCATION CONVENIENT TO YOU; OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN NEW CASTLE COUNTY, DELAWARE. YOU MAY OPT OUT OF THIS ARBITRATION REQUIREMENT BY NOTIFYING DOMAIN HOLDINGS IN WRITING AT IHC DOMAIN HOLDINGS, LLC, 485 MADISON AVENUE 14TH FLOOR, NEW YORK, NY 10022 ATTN: LEGAL DEPT. THIRTY (30) DAYS AFTER SUBMITTING YOUR DATA THAT IS INVOLVED IN THE DISPUTE. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.

Class-Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS AS TO ANY CLAIM, DISPUTE, OR CONTROVERSY THAT YOU MAY HAVE AGAINST DOMAIN HOLDINGS OR ITS AFFILIATES (OR, WITH RESPECT TO CAUSES OF ACTION INVOLVING YOUR DATA SUBMITTED THROUGH THE SITE OR THE SERVICE, AGAINST ANY PERSON WHO PURCHASES SUCH DATA), AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES, AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT DOMAIN HOLDINGS OR ANY PERSON PURCHASING YOUR DATA INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING, OR PARTICIPATING IN CLASS ACTION LAWSUITS AND OTHER CONSOLIDATED CLAIMS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. ANY PERSON WHO PURCHASES DATA SUBMITTED BY YOU THROUGH THE SITE OR SERVICE SHALL BE DEEMED A THIRD-PARTY BENEFICIARY OF THE FOREGOING PROVISIONS IN THIS SECTION AND SHALL BE ABLE TO ENFORCE SUCH PROVISIONS DIRECTLY AGAINST YOU. Further, unless both you and Domain Holdings agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Forum for Certain Disputes that Are Not Arbitrated

Should a dispute arise between you and Domain Holdings and should the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the City of Wilmington and County of New Castle although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. No Agency

The relationship between Domain Holdings and each user is that of independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.

17. Notices

Except as explicitly stated otherwise, written notices, including all legal notices, to us must be given by certified postal mail, return receipt requested, to:

IHC Domain Holdings, LLC
Attn: Legal Dept.
485 Madison Ave., 14th Floor,
New York, NY 10022

Domain Holdings may communicate electronically or by postal mail with you about these Terms or the Service. We may send you notice at any email address you may provide to the Site during a registration process or when submitting an inquiry. Notice shall be deemed given upon receipt or twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by U.S. Postal Certified Mail or by national courier service, to any mailing address provided to us during a registration process or when submitting an inquiry (as applicable).

18. Copyright Infringement

As Domain Holdings asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do so. If you are a copyright owner or an agent thereof and believe in good faith that any third-party Content on the Sites infringes upon your copyrights, 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.A. 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Sites are covered by a single notification, a representative list of such works at those locations; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Domain Holdings to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) 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 (vi) 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.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe Domain Holdings removed any of your Content in response to a false notice of copyright infringement, you should notify Domain Holdings promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the District of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of the process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, Domain Holdings may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. Domain Holdings has a policy of terminating the account of, or denying access or use of the Site to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others.
Domain Holdings’ designated Copyright Agent to receive notifications of claimed infringement:
IHC Domain Holdings LLC – Copyright Agent
485 Madison Avenue, 14th Floor
New York, NY 10022
Attn: Legal Department

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Marigold Medicare customer service at info@marigoldmedicare.com.

19. Links to Third-Party Sites

This Site may contain links and pointers to other Internet sites that are not owned or controlled by Domain Holdings. Domain Holdings has no control over, and assumes no responsibility for the products, services, content, privacy policies, or practices of any third-party website or application. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by us of such third-party sites or the contents, products or services thereof. You expressly relieve Domain Holdings from any and all liability arising from your use of any linked third-party website or application. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and Privacy Policy of each website or application that you access or use.

20. Miscellaneous

Choice of Law

These Terms shall be treated as though they were executed and performed in the State of Delaware and shall be governed by and construed in accordance with the laws of the United States of America and State of Delaware without regard to conflict of law principles.

Other Terms

We may immediately and in our sole discretion terminate any user’s access to or use of the Site due to such user’s breach of these Terms or our Privacy Policy, or other unauthorized use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction or an arbitrator 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 effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. Except for Sections 12, 13, and 14 above, these Terms do not give rise to any third-party beneficiary rights. All provisions of these Terms shall survive any termination hereof, except for those provisions (like licenses) that are revocable or, by their context, are not intended to survive termination. You may not assign any of your rights or delegate any of your obligations under these Terms; Domain Holdings may assign or delegate these Terms in whole or in part.

Your Record of These Terms

We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

21. Feedback and Questions

We welcome your comments, feedback, suggestions, and other communications regarding the Site and Service. Please contact us with feedback at info@marigoldmedicare.com. Please note our separate address for legal correspondence, above.

Your feedback is site Content as defined in these Terms and will be treated in accordance with the provisions of these Terms. For this reason, we ask that you not send Domain Holdings any feedback that you do not wish to license to us as set forth above.

Our mailing address is:
MarigoldMedicare.com
c/o IHC Domain Holdings, LLC
485 Madison Ave., 14th Floor
New York, NY 10022

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