[Last updated March 22, 2024]

THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE HEALTHCARE.COM MEMBERSHIP PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED INTO THIS AGREEMENT BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCEPT OR PARTICIPATE IN THE HEALTHCARE.COM MEMBERSHIP PROGRAM.

The HealthCare.com Membership Program (the “Program”) is offered by HealthCare.com and its participating affiliates and subsidiaries (“Company” or “we”) to its customers. These Program Terms and Conditions form the agreement (the “Agreement”) by and between HealthCare.com and each customer who chooses to enroll and participate in the Program (each enrolled and participating customer, a “Member” or “you”).

Agreement

By enrolling  and participating in the Program, you agree to these terms and conditions and the Program rules, policies and procedures, including those terms regarding the Company’s collection, use and disclosure of your personally identifiable information as more fully described in Company’s Privacy Policy at https://www.healthcare.com/privacy-policy.  Company reserves the right to change the Program terms or conditions, rules, policies, procedures, and benefits at any time, for any reason, without prior written notice.  Program changes will be posted on HealthCare.com.

Enrollment and Eligibility

There is no fee and no purchase is required to become a Member.  The Program is open to United States residents who are individual natural persons at least 18 years old (over 21 years old if a Puerto Rico resident).  Corporations, businesses, partnerships, charities or any other entity other than a natural person are not eligible to participate in the Program.   To become a Member, you must provide your email address and the information requested on our registration page on HealthCare.com.   If you do not provide true, accurate and current contact information, then Company will not be responsible for your inability to receive or redeem benefits.  

Company reserves the right to refuse membership in the Program to any customer who does not abide by or follow the enrollment procedures or does not provide the personal information required for enrollment.  The Program benefits are financial and other incentives that are provided by HealthCare.com in exchange for you providing your personal information and agreement for us to use that information under the terms and conditions of this Agreement, our Privacy Policy, and applicable privacy laws.

Company reserves the right to disqualify Members who have violated any of the Program terms and conditions.  Any fraudulent or unauthorized use of the Program is strictly prohibited and may result in termination or disqualification from the Program and forfeiture of all benefits and rewards.  Membership is limited to one account per individual and is personal, nontransferable and nonsalable.

Program Benefits

Members receive the following Program benefits, as and where available:

1. A ten percent (10%) discount on eligible product purchases in the HealthCare.com store [we reserve the right to change the discount percentage at any time and may close or change the store at any time);
2. Be invited, at our discretion, to participate in user research panels;
3. The opportunity to add data to your membership profile in your free HealthCare.com account to enable us to tailor insurance lead matches and other personalized shopping opportunities; and
4. Advance notification via email of new Program benefits.

Plus, quick links in the Member account holder home to facilitate access to features found elsewhere on HealthCare.com  such as:

• INSX insurance quotes;
• Lensabl discount
• HealthCare.com store.

From time to time you will receive communications about special Member promotions, coupons, new and existing products and services, as well as topics of interest, which may be customized for you based on the information and purchase history we have for you.  Some special offers may not be available to all Members depending on their location.  Communications may be made via multiple channels or methods including, but not limited to, email, text messages, in-app notifications, purchase receipts and confirmations. 

Program Cancellation; Termination

Company, in its sole and absolute discretion, reserves the right to modify, suspend or terminate the Program in its entirety at any time, for any reason, and without prior notice.  Termination of the Program or your membership in the Program will result in cancellation of associated benefits and Company will have no obligation to refund or credit you any amount following termination.  In cases of suspected fraud, abuse or violation of this Agreement or the Program terms or conditions, rules, policies, procedures, the Company shall be the sole arbiter and decision maker and any decision that Company makes relating to termination or suspension of your membership in the Program shall be final and binding.

Disclaimer of Warranties; Limitation of Liability

You agree that use of, and participation in, the HealthCare.com Membership Program is at your sole risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTHCARE, INC. (INCLUDING HEALTHCARE.COM) OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, LICENSORS OR PARTNERS (collectively, “HCI”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION OR OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE HEALTHCARE.COM MEMBERSHIP PROGRAM, OR WITH INABILITY TO PROVIDE OR USE ANY BENEFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The HealthCare.com Membership Program and all services and benefits offered therein are provided on a strictly “as is” and “as available” basis.

HCI MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED THROUGH THE PROGRAM.  HCI  MAKES NO WARRANTY THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES HCI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

Please read this Arbitration Agreement carefully. It is part of your contract with HealthCare.com and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) If, for some reason, a Dispute (defined below) arises (i) between you and HealthCare.com; and/or (ii) between you and any of our Network Partners in connection with your use of the Site, you, HealthCare.com and each of HealthCare.com’s Network Partners agree to try and resolve such Dispute in good faith. If the Dispute cannot be resolved, you, HealthCare.com and/or each of HealthCare.com’s Network Partners (who have provided their separate agreement to arbitrate any Disputes) agree that we will resolve the Dispute through individual binding arbitration in a non-representative capacity.

(b) Mandatory Arbitration and Waiver of Class Action

(c) Disputes include but are not limited to any claims or controversies against each other or in any way arising out of your use of the Site or our services or the agreement between us, including our or our Network Partners use of Information provided by you, attempts made to contact you by us or our Network Partners or calls, emails, text messages or faxes you actually receive from us or our Network Partners, our policies, and contract practices and service, privacy or advertising claims, even if the claim arises after your use of the Site or the services offered on the Site has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the services or Site bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a Network Partner, that are based on, relate to, or arise out of in any way our services or the agreement between us, but only to the extent we are or become a named party in such dispute; or (c) that we or our Network Partners bring against you, but only to the extent we are or become a named party in such dispute. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of the foregoing matters whether based in contract, tort, statute (expressly including any claims under or in connection with the TCPA), fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior agreement with HealthCare.com; (iii) claims that are subject to ongoing litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement.

(d) Before a you, HealthCare.com or a Network Partner may seek arbitration, the party must first send the others a written notice of Dispute (a “Notice”) describing the nature and basis of the claim or Dispute and the requested relief. Any Notice to HealthCare.com should be sent to the address set forth in Section 11.7, below. You agree that HealthCare.com may forward the Notice to the relevant Network Partner. After the Notice is received, the parties may attempt to resolve the Dispute informally. If the Dispute is not resolved within thirty (30) days of the Notice, any party may initiate an arbitration.

(e) Unless you, HealthCare.com and, where relevant, any Network Partner, agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the capital city of the state in which you resided at the time you used accessed the Site and/or used the services offered on the Site. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at www.jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

(f) The Federal Arbitration Act (“FAA”) applies to this agreement and this arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you, HealthCare.com or a Network Partner to arbitrate on a class-wide, representative or consolidated basis.

(g) 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. YOU, HEALTHCARE.COM AND EACH NETWORK PARTNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you, HealthCare.com and any applicable Network Partner expressly 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 any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(h) You, HealthCare.com and any applicable Network Partner are each responsible for their respective costs, including counsel, experts, and witnesses. HealthCare.com or the applicable Network Partner will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator’s services.

(i) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.

(j) As an alternative to arbitration, we may resolve Disputes in small claims court in the county where you resided at the time you accessed the Site and/or used the services offered on the Site. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against HealthCare.com on your behalf.

(k) IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

Governing Law

These Agreement, all transactions related to the Program, and all related matters, regardless of your location, shall be governed and construed solely in accordance with the laws of the State of Florida without giving effect to its conflict of laws principles. 

Severability

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

Notices

Except as may be required by applicable law, Company will give notices for the Program, at its sole discretion, by email, regular U.S. mail, postings on HealthCare.com, or through other other methods deemed appropriate by Company or as permitted under applicable laws.  You agree that this Agreement and any notices, disclosures and other communications relating to the Program that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Notices to Company should be in writing and sent to the following address:

HealthCare, Inc.

3401 N. Miami Avenue, Unit 205

Miami, FL  33127With a copy to: legal@healthcare.com