Terms of Service / User Agreement

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and [LEGAL ENTITY NAME PLACEHOLDER], a [STATE] [entity type — e.g., limited liability company] ("Company," "we," "us," or "our"), governing your access to and use of the website located at FindMyMedicare.com, including all related content, features, tools, and services (collectively, the "Site" or "Service").

By accessing or using the Site, creating an account, browsing agent listings, or submitting any information through the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

The Site is intended for use by individuals who are at least 18 years of age. By using the Site, you represent that you meet this requirement.

2. Description of Service

FindMyMedicare.com is an independent, privately owned online directory that allows consumers ("Consumers") to search for, browse profiles of, and initiate contact with independent, licensed insurance agents who specialize in Medicare-related insurance products ("Agents," "Listed Agents," or "Agent Members"). Agents may create profiles, pay for listing tiers, and be discovered by Consumers through the Site's search and browse functionality.

The Company is not an insurance agency, insurance agent, insurance broker, or insurance carrier. The Company does not sell, underwrite, recommend, endorse, or provide advice regarding any insurance product, plan, or policy. The Company does not employ, supervise, or control the Agents listed on the Site. The Company is not affiliated with, endorsed by, or sponsored by the U.S. government, the Centers for Medicare & Medicaid Services ("CMS"), Medicare, or any federal or state insurance program.

The Site functions solely as a directory and lead-generation platform connecting Consumers with independently operating, third-party licensed insurance professionals.

3. Eligibility and Accounts

3.1 Consumer Accounts

Consumers may browse the Site without creating an account. Certain features, such as saving favorite Agent profiles or submitting contact requests, may require providing limited personal information (such as name, email, phone number, and ZIP code).

3.2 Agent Accounts

Agents who wish to create or claim a profile on the Site must register for an account and represent and warrant that they:

• hold all insurance licenses required by the applicable state(s) in which they conduct business, in good standing and without suspension, revocation, or material disciplinary action;
• hold all carrier appointments, certifications (including but not limited to annual AHIP/CMS certification where applicable), and authorizations necessary to lawfully sell, market, or discuss the insurance products referenced in their profile;
• will maintain such licenses, appointments, and certifications throughout the term of their listing and will promptly notify the Company of any change in licensure status, including suspension, revocation, non-renewal, or disciplinary action;
• will comply with all applicable federal and state laws, regulations, and guidance governing the marketing and sale of Medicare-related insurance products, including without limitation the CMS Medicare Communications and Marketing Guidelines (MCMG), state Departments of Insurance regulations, the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state Do-Not-Call laws; and
• are solely responsible for the accuracy, completeness, and lawfulness of all content, claims, credentials, and representations included in their profile.

The Company reserves the right, but assumes no obligation, to verify license status, appointments, or other credentials submitted by Agents. Consumers are strongly encouraged to independently verify any Agent's licensure and standing through their state Department of Insurance or the National Insurance Producer Registry (NIPR) prior to engaging that Agent's services.

3.3 Account Accuracy

You agree to provide accurate, current, and complete information when creating an account and to update such information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

4. Agent Membership Tiers and Payment Terms

4.1 Listing Tiers

The Company offers Agents multiple membership tiers, which may include a free tier and one or more paid subscription tiers offering enhanced profile features, placement, or visibility (collectively, "Membership Tiers"). Current Membership Tier offerings, features, and pricing are described on the Site's pricing page and may be modified by the Company from time to time, with notice to existing Agent Members as described in Section 4.4 below.

4.2 Billing

Paid Membership Tiers are billed on a recurring basis (monthly or annually, as selected by the Agent at signup) via the payment method provided by the Agent. By submitting payment information, the Agent authorizes the Company (or its third-party payment processor) to charge the applicable fees on a recurring basis until the subscription is cancelled in accordance with Section 4.5.

4.3 No Guarantee of Leads, Placement, or Results

Payment for any Membership Tier does not guarantee any specific number of profile views, consumer contacts, leads, enrollments, or sales. The Company makes no representation or warranty regarding the volume or quality of consumer engagement an Agent will receive through the Site. Search result placement, where applicable, may be influenced by factors including but not limited to Membership Tier, profile completeness, geographic relevance to the Consumer's search, and other factors determined by the Company in its sole discretion.

4.4 Price Changes

The Company reserves the right to change Membership Tier pricing upon reasonable advance notice (not less than 30 days) to active Agent Members via the email address on file. Continued use of a paid Membership Tier after a price change takes effect constitutes acceptance of the new pricing.

4.5 Cancellation and Refunds

Agents may cancel a paid Membership Tier at any time through their account settings or by contacting the Company. Cancellation will take effect at the end of the then-current billing period; no partial-period refunds will be issued except where required by law. Except as expressly stated in this Section or as required by applicable law, all fees are non-refundable.

4.6 Founder Rate / Promotional Pricing

Any promotional, founder, or legacy pricing rate offered to early Agent Members applies only for so long as the Agent maintains continuous, uninterrupted active enrollment in the applicable Membership Tier. A lapse, cancellation, or downgrade in membership will result in forfeiture of any promotional or locked-in rate, and re-enrollment will be subject to then-current pricing.

5. Consumer Use of the Site

5.1 No Insurance Advice from the Company

The Company does not provide insurance advice, recommendations, quotes, or guidance of any kind. Any insurance-related information, plan comparisons, educational content, or guidance presented on the Site is provided for general informational purposes only and does not constitute insurance, legal, financial, tax, or medical advice. Consumers should not rely on Site content as a substitute for consultation with a licensed insurance agent, attorney, financial advisor, or other qualified professional.

5.2 Direct Engagement with Agents

When a Consumer contacts or engages an Agent through the Site, any resulting relationship, communication, advice, recommendation, application, enrollment, or transaction is solely between the Consumer and that Agent. The Company is not a party to, and assumes no responsibility or liability for, any interaction, representation, advice, recommendation, sale, or transaction between a Consumer and any Agent. The Company does not review, approve, supervise, or take responsibility for the substance of communications between Consumers and Agents.

5.3 Consumer Responsibility

Consumers are responsible for independently evaluating any Agent, including verifying licensure, credentials, and suitability, before engaging that Agent's services. The inclusion of an Agent on the Site, or any Membership Tier held by that Agent, does not constitute an endorsement, certification, or guarantee of the Agent's competence, qualifications, or conduct by the Company.

5.4 Communications Consent

By submitting a contact request, inquiry, or other information through the Site to be connected with an Agent, you consent to be contacted by that specific Agent via the contact method(s) and information you provided, for purposes related to your inquiry. You may opt out of further communications directly with that Agent at any time. This Section does not authorize the Company itself to use your contact information for marketing purposes beyond what is described in the Privacy Policy.

6. Prohibited Conduct

You agree not to:

• provide false, misleading, or fraudulent information in any profile, account registration, or communication on the Site;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• use the Site to harvest, scrape, or collect Consumer or Agent contact information for purposes other than legitimate use of the Service as intended;
• use the Site to transmit unsolicited commercial communications in violation of applicable law, including the TCPA, CAN-SPAM Act, or state Do-Not-Call laws;
• post or transmit any content that is false, deceptive, defamatory, obscene, or that violates the rights of any third party;
• attempt to interfere with, disrupt, or gain unauthorized access to the Site, its servers, or any connected networks or systems;
• use any automated means (bots, scrapers, crawlers) to access the Site for purposes other than standard search engine indexing, without the Company's express written consent;
• list on, or use, the Site if you do not hold all licenses, appointments, and certifications required to lawfully market or sell the insurance products referenced in your profile; or
• use the Site in any manner that violates applicable federal, state, or local law, including CMS Medicare marketing guidance.

The Company reserves the right to investigate suspected violations of this Section and to suspend or terminate any account, with or without notice, in connection with any such violation.

7. Agent Content and Profile Representations

7.1 Agent-Generated Content

Agents are solely responsible for all content they submit to their profile, including biographical information, photographs, credentials, testimonials, specialties, service area claims, and any other representations ("Agent Content"). The Company does not independently verify the truth or accuracy of Agent Content, except as may be described in Section 3.2.

7.2 License to the Company

By submitting Agent Content, the Agent grants the Company a non-exclusive, worldwide, royalty-free, sublicensable license to display, reproduce, and distribute such content on the Site and in connection with promoting the Site (including in marketing materials, search engine listings, and social media), for so long as the Agent's profile remains active, and for a reasonable period thereafter for archival or administrative purposes.

7.3 Compliance Responsibility

Agents are solely responsible for ensuring that all Agent Content complies with CMS Medicare Communications and Marketing Guidelines, applicable state insurance advertising regulations, and any other applicable law. The Company's display of Agent Content does not constitute review, approval, or certification of compliance, and Agents indemnify the Company as set forth in Section 11.

7.4 Right to Remove Content

The Company reserves the right, but not the obligation, to review, edit, refuse, or remove any Agent Content at its sole discretion, including content that the Company believes may violate these Terms, applicable law, or CMS guidance, without prior notice.

8. Intellectual Property

The Site, including its design, layout, graphics, text, software, and the "FindMyMedicare.com" name, logo, and any related marks (collectively, "Company IP"), is owned by the Company or its licensors and is protected by U.S. and international intellectual property laws. Except for Agent Content as described in Section 7, you may not copy, reproduce, modify, distribute, or create derivative works based on the Site or Company IP without the Company's prior written consent.

You retain ownership of any content you submit to the Site (such as Agent Content), subject to the license granted in Section 7.2.

9. Third-Party Links and Content

The Site may contain links to third-party websites, including Agent-operated websites, carrier websites, or other resources not owned or controlled by the Company. The Company is not responsible for the content, accuracy, or practices of any third-party website and does not endorse any such site. Your use of third-party websites is at your own risk and subject to the terms and policies of those sites.

10. Disclaimers

THE SITE AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," 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 ACCURACY.

The Company does not warrant that:

• the Site will be uninterrupted, secure, timely, or error-free;
• any Agent listed on the Site is currently licensed, in good standing, or qualified to provide the services described in their profile;
• any information provided by an Agent through the Site is accurate, current, or complete; or
• any insurance product, plan, or recommendation discussed by an Agent is suitable for any particular Consumer's needs.

The Company is not responsible for the actions, omissions, advice, representations, or conduct of any Agent listed on the Site, whether occurring on or off the Site.

This Section does not affect any warranties that cannot be excluded or limited under applicable law.

11. Limitation of Liability and Indemnification

11.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION ANY AGENT; (C) ANY CONTENT OBTAINED FROM THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.2 Indemnification by Agents

Agents agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Agent's breach of these Terms; (b) the Agent's lack of required licensure, appointment, or certification; (c) any Agent Content; (d) any advice, recommendation, representation, sale, or transaction between the Agent and a Consumer; or (e) the Agent's violation of any applicable law or regulation, including CMS marketing guidelines.

11.3 Indemnification by Consumers

Consumers agree to indemnify, defend, and hold harmless the Company from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Consumer's breach of these Terms or misuse of the Site.

12. Term, Suspension, and Termination

12.1 Term

These Terms remain in effect for as long as you use the Site or maintain an account.

12.2 Termination by You

You may terminate your account at any time by following the account closure process available on the Site or by contacting the Company. Agents terminating a paid Membership Tier remain subject to Section 4.5.

12.3 Termination or Suspension by the Company

The Company reserves the right to suspend or terminate your access to the Site or any account, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) loss, suspension, or revocation of required insurance licensure or appointments (for Agents); (c) conduct the Company reasonably believes is fraudulent, harmful to Consumers, or harmful to the Company's reputation; or (d) non-payment of applicable fees.

12.4 Effect of Termination

Upon termination, your right to access and use the Site will immediately cease. Sections of these Terms that by their nature should survive termination (including Sections 8, 10, 11, 13, and 14) will survive.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any dispute arising out of or related to them or the Site shall be governed by the laws of the State of New York, without regard to its conflict of law principles.

13.2 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact the Company at [CONTACT EMAIL] and attempt in good faith to resolve the dispute informally for a period of at least 30 days.

13.3 Arbitration Agreement

[PLACEHOLDER — TO BE DRAFTED WITH COUNSEL: Many consumer-facing platforms include a binding arbitration clause with class action waiver here. Because enforceability, required disclosures, and opt-out mechanics vary significantly by state and by whether the counterparty is a consumer versus a business user (Agent), this provision should be drafted specifically for your business by a licensed attorney rather than using generic template language.]

13.4 Venue

Subject to Section 13.3, any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in [COUNTY], New York, and you consent to the personal jurisdiction of such courts.

14. General Provisions

14.1 Changes to These Terms

The Company may modify these Terms from time to time. Material changes will be communicated via a notice on the Site or by email to registered Users at least 14 days before the change takes effect, where practicable. Continued use of the Site after the effective date of any change constitutes acceptance of the revised Terms.

14.2 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Site and supersede any prior agreements.

14.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.4 No Waiver

The Company's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without the Company's prior written consent. The Company may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

14.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly stated.

14.7 Contact Information

Questions about these Terms should be directed to:
[LEGAL ENTITY NAME PLACEHOLDER]
[ADDRESS PLACEHOLDER]
Email: [CONTACT EMAIL PLACEHOLDER]

15. Medicare-Specific Disclaimer

FindMyMedicare.com is not connected with or endorsed by the United States government, the Social Security Administration, or the Centers for Medicare & Medicaid Services (CMS). "Medicare" is a federal program; use of the term "Medicare" in the Site name and content is for descriptive and informational purposes only and does not imply any government affiliation, sponsorship, or endorsement. We do not offer every Medicare plan available in any given area. For information on all of your Medicare options, contact Medicare.gov or 1-800-MEDICARE.