Terms & Conditions | Medigap Life

Terms and Conditions

Last updated: October 22, 2024

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.seekadvantage.com website operated by Medigap Life (“us”, “we”, or “our”) or opting in to receive communications or contact from or on behalf of Medigap Life (collectively, the “Service”). You and Medigap Life shall collectively be referred to as the “Parties.”

By opting in to contact, accessing, browsing, and/or using this website, You confirm that You have read, understood, and have agreed to be bound by the terms of this Agreement and to comply with this Agreement and with all laws and regulations applicable thereto (or applicable to Your relationship with Medigap Life). You also affirm that You are over the age of 16, and either more than 18 years of age or possess legal parental or guardian consent, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement, and to abide by and comply with the Agreement

THIS AGREEMENT ALSO CONTAINS: (1) AN ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; AND (2) THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION.

Intellectual Property

The website aspect of the Service and its original content, features and functionality are and will remain the exclusive property of Medigap Life and its licensors.

Links To Other Web Sites

The website aspect of the Service may contain links to third-party web sites or services that are not owned or controlled by Medigap Life.

Medigap Life has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Medigap Life shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Dispute Resolution

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Scope. Except as expressly provided below, You and Medigap Life agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Agreement, a similar prior agreement, communications between You and Medigap Life and/or its affiliated entities and parents (including calls and texts), or the relationship between You and Medigap Life and its affiliated entities and parents (including existing disputes and those occurring prior to the date of this Agreement) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope, applicability, and enforceability. The right and obligation to arbitrate under this Section shall extend to all Claims, including those against or involving third parties such as Medigap Life or its affiliated entities’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, contractors, or the third-party recipients of any leads or call transfers from Medigap Life and/or its affiliated entities, all of which are intended beneficiaries of this Arbitration Agreement and may enforce its terms.

Rules and Selection of Arbitrator. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable, or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the Parties shall agree to use Judicial Arbitration and Mediation Services (“JAMS”) pursuant to their applicable arbitration rules. The Parties shall select an arbitrator according to a “strike and rank” procedure whereby the Parties: (a) will request and obtain a list of no less than five (5) arbitrators (subject the qualifications below); (b) within ten (10) days of service of an arbitrator list on the Parties, strike the names of two (2) proposed arbitrators; and (c) rank the remaining arbitrators in order of preference with number 1 being the most preferred ranking. The remaining arbitrator with the lowest aggregate ranking of preference shall be selected to serve. For example, if the Parties both assign arbitrator “A” a 3, arbitrator “B” a 2, and arbitrator “C” a 1, then arbitrator “C” shall be selected because it has the lowest aggregate ranking. If the “rank and strike” procedure fails or results in a tie, the AAA (or a substitute arbitration organization) shall appoint an arbitrator. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed.

Federal Arbitration Act. Because the Agreement memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879.

Offers and good faith claims. To the extent not inconsistent with the Arbitration Rules (or the applicable JAMS rules), You and Medigap Life agree that either party may serve upon the other a written offer to settle a Claim (“Settlement Offer”) for the money specified in the Settlement Offer and to enter an agreement dismissing the Claim. If Medigap Life makes a Settlement Offer which is rejected by You, Medigap Life shall be entitled to recover reasonable attorneys’ fees and expenses incurred by Medigap Life (or on its behalf) from the date of the rejection of the Settlement Offer through the later of the entry of the arbitrator’s award or the subsequent confirmation of said award if the arbitrator’s award is one of no liability or the award obtained by You is less than 75 percent of such a Settlement Offer. If You make a Settlement Offer which is rejected by Medigap Life and You obtain an arbitrator’s award in an amount greater than 125 percent of the Settlement Offer, You shall be entitled to recover reasonable attorneys’ fees and expenses incurred by You (or on Your behalf) from the date of the rejection of the Settlement Offer through the later of the entry of the arbitrator’s award or the subsequent confirmation of said award. Any finding that a claim or counterclaim violates the standards set forth in Federal Rule of Civil Procedure 11 or 28 U.S.C. Section 1927 shall entitle the other party to recover their attorneys’ fees and costs as well.

Written Notice. A party that intends to seek arbitration must first send to the other a written notice of intent to arbitrate via email (delivery receipt requested), entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Medigap Life should be addressed to: Exec-Legal@MedigapLife.com (“Arbitration Notice Address”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or Medigap Life may commence an arbitration proceeding under these terms.

Exclusions and Limitations. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state where You are located: (a) an action to enforce intellectual property rights; (b) a suit by Medigap Life, its affiliated entities and/or parents, or their respective assignees for collection of amounts owed by You; and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the Parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees.

Class Waiver. You also agree that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (b) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MEDIGAP LIFE HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. For the avoidance of doubt, nothing in the foregoing sentence is intended to conflict with the provision of this Agreement regarding the batch resolution of Requests, which overrides this paragraph in the event of a perceived conflict (defined below).

Appeal. If the arbitrator’s award exceeds $150,000, either party may appeal such award to a three-arbitrator panel administered by the AAA (or substitute arbitration organization) and selected according to the Arbitration Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The Parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules (or the rules of the substitute arbitration organization).

Right to Opt Out. You can decline this arbitration agreement by emailing Exec-Legal@MedigapLife.com or timely writing via certified mail or a nationally recognized overnight delivery service that allows You and Medigap Life to confirm both mailing and delivery to 1900 Corporate Blvd NW #W300 Boca Raton, FL 33431 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that You wish to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date You become bound by the arbitration agreement. Please note that You will continue to be bound by any older arbitration provision that You did not out opt of and any arbitration provision that otherwise governs the Claims.

Mass Arbitration. “Mass Arbitrations” shall be defined and governed by the AAA’s Mass Arbitration Supplementary Rules, available at https://www.adr.org/mass-arbitration (“AAA Mass Arbitration Rules”), or similar rules from a substitute organization, such as JAMS, in the event AAA is unavailable, unable, or unwilling to accept and administer the mass arbitration of any claim under these arbitration provisions.

The Parties further agree to the following procedures for Mass Arbitrations:

To abide by the subsection above titled “Offers and good-faith claims.”

That all procedural and discovery issues that arise before final merits hearing shall be decided by a single procedural arbitrator who shall preside over all batches and be selected per the same process for selecting an arbitrator above. For the avoidance of doubt, the merits arbitrator(s) shall decide evidentiary and similar issues that may arise at a final merits hearing or in connection with a motion that would be dispositive of the merits.

To abide by the following batch arbitration procedures: Demands shall be batched in groups of 25 demands per batch, and the Parties shall appoint a different single arbitrator to administer the merits of each batch of 25.

To the extent there are demands left over after the batching described above (“Remaining Demands”), those Remaining Demands shall be batched together, with a single different merits arbitrator to administer them. For example, if 22 demands are remaining, a different single merits arbitrator shall administer them in one batch.

You and Medigap Life agree to cooperate in good faith to implement the batch arbitration process, as well as to take any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This batch arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Severance, Severability, and Survival. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entirety of the arbitration provisions shall be void, other than the jury waiver provision. The foregoing arbitration provisions shall survive the termination of this Agreement.

Contact Us

If you have any questions about these Terms, please contact us at:

Exec-Legal@MedigapLife.com.