Privacy & Legal

1. Description of Platform and Service. Insurehealth, Inc. dba Doctor’s Choice (“Doctor’s Choice” or “we”) provides a customized Medicare Roadmap to Clients. The “Platform” includes (a) Doctor’s Choice web site located at https://flow.doctorschoiceusa.com and derivatives thereof (the “Site”), (b) Doctor’s Choice technology platform designed to educate on general Medicare rules and rank available Supplemental Medicare plans to those in need of Medicare planning and education, and (c) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively, the “Content”). Any new features added to or augmenting the Platform are also subject to these Terms. The “Matching Services” involve using any and all features, functions, and Content of the Platform that enable clients to identify, review, contact, and otherwise take steps to select a Medicare Supplemental plan, as well as Doctor’s Choice’s work in assisting you (“you” or “Client”) in identifying, reviewing, contacting, and taking steps to enroll in Medicare or Medicare Supplemental Plans. The Matching Services do not include any work performed by the Centers for Medicare and Medicaid, the Social Security Administration or Medicare Supplemental Carriers. For ease of reference, the Site, Plan Network, Platform, plan data or descriptions of plans and plan services, the Matching Services, other Content, Doctor’s Choice’s Proprietary Information, and any other Doctor’s Choice products or services are collectively referred to in these Terms as “Doctor’s Choice Properties.” “Doctor’s Choice Properties” include all such elements as a whole, as well as individual elements and portions thereof. Nothing in these Terms obligates: (1) you to engage Medicare or any particular Medicare Supplemental plan, (2) Doctor’s Choice to provide you or any Client with Matching Services, or (3) Doctor’s Choice to identify a Medicare Supplemental plan for you or any Client’s particular needs.

2. Acceptance of Terms.

a. Acceptance and Legally Binding Agreement. Doctor’s Choice provides the Doctor’s Choice Properties to you through the Site and the Platform, subject to these Terms. By accepting these Terms or by accessing or using any portion of the Doctor’s Choice Properties, you acknowledge that you have read, understood, and agree to be bound by these Terms. You further acknowledge that these Terms are a contract between you and Doctor’s Choice, even though it is electronic and is not physically signed by you and Doctor’s Choice, and it governs your use of the Doctor’s Choice Properties. If you are entering into these Terms on behalf of a company, business or other legal entity (“Client Entity”), you represent that you have the authority to contractually bind such Client Entity to these Terms, in which case the terms “you” or “your” or “Client” will refer to such Client Entity. IF YOU DO NOT HAVE SUCH AUTHORITY TO CONTRACTUALLY BIND SUCH CLIENT ENTITY TO THESE TERMS, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND YOU MAY NOT ACCESS OR USE THE DOCTOR’S CHOICE PROPERTIES.

b. Terms Updates. Doctor’s Choice reserves the right, at its sole discretion, to change or modify portions of these Terms at any time. Doctor’s Choice will post the changes to these Terms on the Site and will indicate at the top of this page the date these Terms were last revised. It is your responsibility to check the Terms periodically for changes. Your continued use of any of the Doctor’s Choice Properties after the date any such changes become effective constitutes your acceptance of the new or revised Terms.

c. Client Use. You agree to provide Doctor’s Choice truthful, accurate, and complete information in all interactions with Doctor’s Choice via any of the Doctor’s Choice Properties. Do not use the Platform in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Platform or any features on the Platform (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account, prohibit you from using the Platform, and take appropriate legal actions.

d. Consent to Electronic Communication. You consent to receive electronically any communications related to your use of the Platform. We may communicate with you by email or by posting notices on our web site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting a Roadmap, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

3. Confidentiality. All business, technical or financial information disclosed by Doctor’s Choice via the Doctor’s Choice Properties, including without limitation, the Site, Platform, or Matching Service, is the “Proprietary Information” of Doctor’s Choice. Proprietary Information also includes, but is not limited to, the ranking of Medicare plans and written guidance on enrollment. You will hold in confidence and not disclose to others any Proprietary Information. You will also not use Proprietary Information for any purposes other than evaluation of Doctor’s Choice and Doctor’s Choice Services as an existing or prospective Client of Doctor’s Choice. However, you will not be obligated under this Section 3 with respect to information that you can document is or becomes readily publicly available without restriction and through no fault of you (i.e., information that Doctor’s Choice makes generally available to the public on the Site without requiring acceptance of these Terms or a similar obligation of confidentiality). You may make disclosures of Proprietary Information required by law or court order provided that you give Doctor’s Choice advance written notice.

4. General Conditions/Access and Use.

a. Authorization to Access and Use Doctor’s Choice Properties. (i) Subject to your compliance with these Terms and the provisions hereof, you may access or use the Doctor’s Choice Properties solely for the purpose of your evaluation of Medicare and Doctor’s Choice Services as an existing or prospective Client of Doctor’s Choice. (ii) You will not: (1) allow any competitor of Doctor’s Choice to use or access the Doctors’ Choice Properties, (2) use or access the Doctor’s Choice Properties to develop or enhance any product or service, or (3) copy any ideas, features, functions or graphics of the Doctor’s Choice Properties. You are not permitted to access or use the Doctor’s Choice Properties for public comment unless authorized in writing by Doctor’s Choice. You are also not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Doctor’s Choice Properties. You may only link to the Site or Platform, or any portion thereof, as expressly permitted by Doctor’s Choice. You agree not to access the Site, Platform, or Matching Service by any means other than through the interface that is provided by Doctor’s Choice to access the same, except that you may download, display, and print portions of the Content other than any software, but only to the minimum extent necessary and consistent with the purpose of your access and use of the Doctor’s Choice Properties under these Terms, and provided further that you do not modify such Content in any way and you keep intact all copyright, trademark, and other proprietary notices.

b. Limitations on Access and Use of Non-employees. You also agree to only use the Doctor’s Choice Properties for yourself as a current or former employee of the Sponsoring Employer, your spouse, your dependents, or other family members in your care for the purpose of Medicare planning. You agree not to share the Doctor’s Choice Platform with anyone who does not fit these enumerated relationships.

c. Ownership and Restrictions. All rights, title and interest in and to the Doctor’s Choice Properties will remain with and belong exclusively to Doctor’s Choice. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Doctor’s Choice Properties available to any third party, (b) use the Doctor’s Choice Properties in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Doctor’s Choice Properties or their related components, or (c) modify, adapt or hack the Doctor’s Choice Properties to, or try to, gain unauthorized access to the Doctor’s Choice Properties or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Doctor’s Choice Properties, or any other products or services of Doctor’s Choice that are not readily made available to the general public or to you).

d. Responsibility for Your Data. You are solely responsible for all data, information and other content that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site, Network, Platform, or Matching Service. You authorize us to use the data we collect regarding your use of our Platform and any information you provide us through the Platform in any manner consistent with our Privacy Policy.

e. Limiting Access To Your Account. Doctor’s Choice may access your Account in order to respond to your requests for support (technical or otherwise) or to verify compliance with your obligations to Doctor’s Choice, comply with law, or to maintain and improve its own systems. Doctor’s Choice may, at its option, provide email or other online account support.

f. Reservation of Rights. Doctor’s Choice and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Doctor’s Choice Properties. Doctor’s Choice grants no other rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these Terms. For purposes of using our Platform, you should assume that the technologies and software comprising all or part of the Platform are protected by U.S. Patents and/or that a Patent may be pending and treat the materials accordingly.

g. Third Party Service Providers or Merchants. Doctor’s Choice Properties may grant you access, via links or otherwise, to the websites for third parties, including other service providers and merchants from whom you may obtain services or goods. You understand that we do not operate or control the products or services offered by third parties, and we are not a party to any agreements, dealings or transactions between you and third parties. We take no responsibility for any advertisements, claims or other information supplied by third parties. You use such third party services at your own risk and we do not guarantee or warranty any third party services or goods in any way. We are not responsible for the content of other websites linked via Doctor’s Choice Properties, and the presence of a link on our Platform does not indicate an endorsement of the third party websites by Doctor’s Choice. You agree that the LIMITATION OF LIABILITY in Section 9 of these Terms fully extends to your use of any third party websites including your obtaining of services or goods from third party service providers or merchants.

5. Use of Intellectual Property.

a. Rights in User Content. By posting your information and other content (“User Content”) on or through the Doctor’s Choice Properties, you grant Doctor’s Choice a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Doctor’s Choice Properties in any manner that does not violate the law or our Privacy Policy. Doctor’s Choice has the right, but not the obligation, to monitor the Doctor’s Choice Properties and User Content. Doctor’s Choice may remove or disable any User Content at any time for any reason, or for no reason at all.

b. Transmission of User Content. You understand that the operation of the Site and Platform, including User Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Doctor’s Choice’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Doctor’s Choice Properties. All third party vendors that receive or store identifiable health information have a Business Associate Agreement in place.

c. No Backup of User Content. Accordingly, you acknowledge that you bear sole responsibility for adequate backup of User Content. Doctor’s Choice will have no liability to you for any corruption, deletion, destruction or loss of any of User Content.

d. User Restrictions. Doctor’s Choice will not be liable for any loss that you may incur as a result of someone else using your password or account with or without your knowledge. You may not use anyone else’s account at any time. You may not use your account to engage in any prohibited, fraudulent, unlawful or deceitful conduct, including any conduct that may constitute insurance fraud, misrepresentation, malicious deceit or other conduct prohibited by law or any agreements you enter into with Doctor’s Choice.

e. Feedback. You may submit ideas, suggestions, or comments (“Feedback”) regarding the Doctor’s Choice Properties or Doctor’s Choice business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and Doctor’s Choice may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether Doctor’s Choice considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.

6. Your Representations and Warranties. You represent and warrant to Doctor’s Choice that (a) you own all User Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Doctor’s Choice to use the same as permitted in this Agreement) in connection with the Doctor’s Choice Properties; (b) User Content and other activities in connection with the Doctor’s Choice Properties, and Doctor’s Choice exercise of all rights and licenses granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (c) you are eighteen (18) years of age or older.

7. Termination. These Terms applies and remains in effect until you no longer are using or accessing the Doctor’s Choice Properties, provided however that all provisions of a continuing nature including, without limitation, those set forth in the following sections will survive the termination of these Terms: 2 - 12.

8. NO WARRANTIES AND DISCLAIMER BY DOCTOR’S CHOICE. THE DOCTOR’S CHOICE PROPERTIES, AND PARTICULARLY THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND DOCTOR’S CHOICE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT DOCTOR’S CHOICE DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE DOCTOR’S CHOICE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND DOCTOR’S CHOICE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE DOCTOR’S CHOICE PROPERTIES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM DOCTOR’S CHOICE OR THROUGH THE DOCTOR’S CHOICE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. We reserve the right in our sole discretion to add, remove, edit or re-post documents, information or other content featured on our Platform.

9. LIMITED LIABILITY.

a. Exclusion of Damages and Limitation of Liability. DOCTOR’S CHOICE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF DOCTOR’S CHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF DOCTOR’S CHOICE WITH REGARD TO THESE TERMS WILL IN NO EVENT EXCEED USD $100.00.

b. Jurisdictional Limitations. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, DOCTOR’S CHOICE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Dispute Resolution; Jury Waiver. THESE TERMS IS MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF DELAWARE APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these Terms or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware; (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY; and (c) consents to service of process by first class certified mail, return receipt requested, postage prepared, to the address at which such party is to receive notice in accordance with Section 11.

11. Miscellaneous. These Terms, together with Doctor’s Choice’s Privacy Policy constitute the entire agreement between the parties. In accordance with Section 12, a Master Services Agreement will take precedence over and will govern over any inconsistent or conflicting terms in these Terms, with respect to the Matching Services and the other subject matter of the Master Services Agreement. For clarification your access to and use of the Site, Platform, and Content provided through the Site or Platform is not part of the subject matter of the Master Services Agreement and the provisions of these Terms will apply thereto. The failure of Doctor’s Choice to exercise or enforce any right or provision of these Terms will not be a waiver of that right. No waiver, change, or modification to these Terms will be effective unless in writing signed by both parties. Any notices to Doctor’s Choice in connection with this agreement will be made by email transmitted to support@doctorschoiceusa.com, provided that you also send a copy of such notice via nationally recognized carrier to Doctor’s Choice, 11954 Narcoossee Rd, Box 551, Orlando, FL 32832, Attn: Contract Administration. Notices to you will be made by email or regular mail and will be deemed to have been duly given when sent by Doctor’s Choice to the email or mailing address associated with your account. You agree that Doctor’s Choice is entitled to seek injunctive and other equitable relief to enforce your obligations in Sections 3 and 4 to avoid harm that cannot adequately be remedied by monetary damages. The section and subsection headings used in these Terms are for convenience only and will not be used in interpreting these Terms. In the event that any provision of these Terms will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these terms will otherwise remain in full force and effect and enforceable.

12. Applicable Agreements. Doctor’s Choice performs services pursuant to Master Services Agreements with sponsoring Employers that Employers and Doctor’s Choice enter into separate from these Terms (“Master Services Agreements”). Employer’s access or use of the Doctor’s Choice Properties other than Matching Services always will be governed by the then-current Terms. Your access and use of Matching Services also will be governed by the then-current Terms, unless you are accessing and using the Matching Services while you are a party to an active Master Services Agreement, in which case your access and use of the Matching Services will be governed solely by the Master Services Agreement in connection with which you are accessing and using the Matching Services.

13. Final Note. The following only apply to Employers: Employees of Employer are allowed to view plan-specific information contained in the Roadmap. End Users’ identifiable information will not be disclosed or shared with their Employers. The following applies to Financial Advisors, and any other potential future users of the Roadmap: The Roadmap is for financial advisor use only, clients are not permitted to view any plan specific information of the Roadmap until further notice.