Updated May 19, 2022 Introduction Welcome, and thank you for your interest in eHealthInsurance Services, Inc. (“eHealth,” “we,” or “us”) and our websites at eHealthInsurance.com, eHealth.com, Medicare.com, eHealthMedicare.com, PlanPrescriber.com, GoMediGap.com, and our other websites where we post this document as the applicable terms of use, along with any related websites, networks, applications, insurance agent and […]
\n","content":"\nUpdated May 19, 2022
\n\n\n\nWelcome, and thank you for your interest in eHealthInsurance Services, Inc. (“eHealth,” “we,” or “us”) and our websites at eHealthInsurance.com, eHealth.com, Medicare.com, eHealthMedicare.com, PlanPrescriber.com, GoMediGap.com, and our other websites where we post this document as the applicable terms of use, along with any related websites, networks, applications, insurance agent and representative services, and communication channels (including online chat and telephone call centers), and other services provided by us (collectively, our “Service”). These Terms of Use are a legally binding contract between you and eHealth regarding your use of the Service.
\n\n\n\nPLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “CREATE ACCOUNT” OR ANOTHER BUTTON ON THE SITE TO\nSUBMIT YOUR INFORMATION TO US OR BY OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND\nAGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE EHEALTH PRIVACY POLICY (TOGETHER, THE “TERMS”).\nIf you are not eligible to use our Service or agree to these Terms, or if you do not agree to the Terms, then you do\nnot have our permission to use the Service.
\n\n\n\nThese Terms provide that all disputes between you and eHealth will be resolved by BINDING ARBITRATION. YOU AGREE TO\nGIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may\nbe taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and\nyour claims cannot be brought as a class action. Please review Section 21 (“Dispute Resolution and Arbitration”)\nfor the details regarding your agreement to arbitrate any disputes with eHealth.
\n\n\n\nYou also agree that eHealth may (1) call and text you regarding eHealth’s services, and (2) monitor and record any\ntelephone calls made or received by eHealth for eHealth’s business purposes, including for quality assurance\npurposes. Please review Section 4 below entitled “Electronic Communications; Text Messaging; Telephone Calls”\nfor more details.
\n\n\n\neHealth provides a service where consumers and businesses can research and shop for various insurance and\nrelated products. eHealth is not an insurance company. It introduces users to insurance and related products\noffered by third parties. DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM\nTHE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT.
\nYou must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and\nwarrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or\nremoved from the Service; and (c) your registration and your use of the Service is in compliance\nwith all applicable laws and regulations. If you are using the Service on behalf of an entity, organization,\nor company, you represent and warrant that you have the authority to bind that organization to these Terms\nand you agree to be bound by these Terms individually and on behalf of that organization.
\nYou can browse products without registering, but in order to purchase any product you must register for an\naccount. When you register for an account, you may be required to provide us with some information about\nyourself, such as your email address or other contact information. You agree that the information you\nprovide to us is accurate and that you will keep it accurate and up-to-date at all times. When\nyou register, you will be asked to provide a password. You are solely responsible for maintaining the\nconfidentiality of your account and password, and you accept responsibility for all activities that occur\nunder your account. If you have reason to believe that your account is no longer secure, then you must\nimmediately notify us at customerservice@ehealth.com.\n
\nText Messaging; Telephone Calls. By providing eHealth with a telephone number and other contact information\nwhen registering for an account, you agree to receive communications, including via-email and calls\n(including text messages and calls made using an autodialer or prerecorded voice message), from or on behalf\nof eHealth (or its affiliates, subsidiaries, employees, contractors, agents, business partners or other\nthird parties permitted to receive your information under the eHealth Privacy Policy) at the email address\nor telephone number you provided, even if that number is on a National or State Do Not Call List. These\ncalls may be for information and marketing purposes, such as to provide you with information about eHealth’s\nservices and your insurance options, for assistance with applications, and to provide reminders of\ndeadlines. You are not required to provide your consent to these calls as a condition of any purchase on or\nthrough eHealth, and you may revoke any consent for marketing messages, phone calls or text messages as\ndescribed below. Standard text messaging and telephone minute charges applied by your cell phone carrier\nwill apply. eHealth may, without further notice or warning and in our discretion, monitor and/or record\ntelephone conversations for our business purposes, such as quality assurance and training purposes and to\nprotect our rights and the rights of others
\nAssistance. Reply HELP to a text message to receive help information about our\nService, or for any other questions, contact an eHealth customer representative at 1-800-977-8860.\n
\nOpt-Out. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY\nFOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY\nREPLY STOP FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS\nOR CALLS TO A WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU\nRECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED DURING THE CALL. TO OPT OUT OF SUCH\nTEXTS OR PHONE CALLS, YOU MAY ALSO EMAIL US AT DONOTCALL@EHEALTH.COM\nWITH A REQUEST TO STOP RECEIVING SUCH TEXTS OR CALLS AT A SPECIFIED PHONE NUMBER.
\n\nYou understand and agree that you may: (i) continue to receive communications while eHealth processes\nyour opt-out request, (ii) receive a communication confirming the receipt of your opt-out request,\nand (iii) after opting out of receiving marketing messages, continue to receive certain\nnon-marketing communications by email or to a non-wireless number, such as confirmations or updates\nrelated to your account, insurance application or policy, or transactions through the Service. You\nmay also manage your communication preferences as set forth in Section 4.3 below.
\nUpdating Information. You may correct or update your contact information, by\ncontacting us at customerservice@ehealth.com\nor by mail at Customer Service, eHealthInsurance.com, 2625 Augustine Drive, Second Floor, Santa\nClara, CA 95054. Additionally, once you have created an account with us online at\nwww.ehealthinsurance.com or one of our other sites on the Service that allow account creation, you\nmay update your name, email address, phone number (if part of your account) and password by clicking\non the “My Account” or “Log In” or similar link on this website and signing in\nusing your email address and password.
\nIf you provide payment information for purchasing or applying for a product, then you will pay the\napplicable company that provides such product.
\nUser Content and Limited License Grant to eHealth and to Other Users. Certain\nfeatures of the Service may permit users to upload content to the Service (“User Content”)\nand to publish User Content on the Service. You retain copyright and any other proprietary rights\nthat you may hold in the User Content that you post to the Service. By posting or publishing User\nContent, you grant eHealth a worldwide, non-exclusive, royalty-free, fully paid right and license\n(with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the\npurpose of formatting for display, and distribute your User Content, in whole or in part, in any\nmedia formats and through any media channels now known or hereafter developed.
\nUser Content Representations and Warranties. You are solely responsible for your\nUser Content and the consequences of posting or publishing User Content. By posting or publishing\nUser Content, you represent and warrant that: (a) you are the creator and owner of the User Content,\nor have the necessary licenses, rights, consents, and permissions to authorize eHealth and users of\nthe Service to use and distribute your User Content as necessary to exercise the licenses granted by\nyou in this section, in the manner contemplated by eHealth, the Service, and these Terms; and (b)\nyour User Content, and the use of your User Content as contemplated by these Terms, does not and\nwill not: (i) infringe, violate, or misappropriate any third-party right, including any copyright,\ntrademark, patent, trade secret, moral right, privacy right, right of publicity, or any other\nintellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of\nprivacy, publicity or other property rights of any other person; or (iii) cause eHealth to violate\nany law or regulation.
\nUser Content Disclaimer. We are under no obligation to edit or control User Content\nthat you or other users post or publish, and will not be in any way responsible or liable for User\nContent. eHealth may, however, at any time and without prior notice, screen, remove, edit, or block\nany User Content that in our sole judgment violates these Terms or is otherwise objectionable. You\nunderstand that when using the Service you will be exposed to User Content from a variety of sources\nand acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You\nagree to waive, and do waive, any legal or equitable right or remedy you have or may have against\neHealth with respect to User Content. We expressly disclaim any and all liability in connection with\nUser Content. If notified by a user or content owner that User Content allegedly does not conform to\nthese Terms, we may investigate the allegation and determine in our sole discretion whether to\nremove the User Content, which we reserve the right to do at any time and without notice. For\nclarity, eHealth does not permit copyright-infringing activities on the Service.
\nDMCA Notification. We comply with the provisions of the Digital Millennium Copyright\nAct applicable to Internet service providers (17 U.S.C. ยง512, as amended). If you have an\nintellectual property rights-related complaint about material posted on the Service, you may contact\nour Designated Agent at the following address:
\n\neHealthInsurance Services, Inc.Any notice alleging that materials hosted by or distributed through the Service infringe intellectual\nproperty rights must include the following information:
\n\nRepeat Infringers. eHealth will promptly terminate without notice the accounts of\nusers that are determined by eHealth to be “Repeat Infringers.” A Repeat Infringer is a\nuser who has been notified of infringing activity or has had User Content removed from the Service\nat least twice.
\nBY USING THE SERVICE YOU AGREE NOT TO:
\nuse the Service for any illegal purpose or in violation of any local, state, national, or\ninternational law;
\nviolate, or encourage others to violate, any right of a third party, including by infringing or\nmisappropriating any third party intellectual property right;
\npost, upload, or distribute any content (including by chatting with customer service) that is\nunlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be\nobjectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or\notherwise inappropriate;
\ninterfere with security-related features of the Service, including by: (a) disabling or circumventing\nfeatures that prevent or limit use or copying of any content; or (b) reverse engineering or\notherwise attempting to discover the source code of any portion of the Service except to the extent\nthat the activity is expressly permitted by applicable law;
\ninterfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a)\nuploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b)\nmaking any unsolicited offer or advertisement to another user of the Service; (c) attempting to\ncollect personal information about another user or third party without consent; or (d) interfering\nwith or disrupting any network, equipment, or server connected to or used to provide the Service, or\nviolating any regulation, policy, or procedure of any such network, equipment, or server;
\nperform any fraudulent activity including impersonating any person or entity, claiming a false\naffiliation, accessing any other Service account without permission, or falsifying your age or date\nof birth;
\nsell or otherwise transfer the access granted under these Terms or any Materials (as defined in\nSection 13) or any right or ability to view, access, or use any Material;
\nuse data mining, robots, or other data gathering devices on or through the Service;
attempt to do any of the acts described in this Section 8, or assist or permit any person in engaging\nin any of the acts described in this Section 8
\neHealth may provide tools through the Service that enable you to\nexport information to third party services. By using one of these tools, you agree that we may transfer that\ninformation to the applicable third-party service. Third party services are not under our control, and we\nare not responsible for any third party service’s use of your exported information. The Service may also\ncontain links to third-party websites. Linked websites are not under our control, and you agree we are not\nresponsible for their content.
\nYou may terminate your account at any time by contacting customer service, including by emailing\ncustomerservice@ehealth.com. If you\nviolate any provision of these Terms, your permission from us to use the Service will terminate\nautomatically. In addition, eHealth may in its sole discretion terminate your user account on the Service or\nsuspend or terminate your access to the Service at any time for any reason or no reason, with or without\nnotice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or\ndiscontinuing certain features of the Service), temporarily or permanently, without notice to you. You agree\nwe will have no liability whatsoever on account of any change to the Service or any suspension or\ntermination of your access to or use of the Service.
\nPrivacy Policy. Please read the eHealth Privacy Policy\ncarefully for information relating to our collection, use, storage and disclosure of your personal\ninformation. The eHealth Privacy Policy is incorporated by this reference into, and made a part of,\nthese Terms.
\nAdditional Terms. Your use of the Service is subject to all additional terms,\npolicies, rules, or guidelines applicable to the Service or certain features of the Service that we\nmay post on or link to from the Service (the “Additional Terms”), such as end-user license\nagreements for any downloadable software applications, or rules that are applicable to a particular\nfeature or content on the Service, subject to Section 12. All Additional Terms are incorporated by\nthis reference into, and made a part of, these Terms.
\nWe reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please\ncheck these Terms periodically for changes. If a change to these Terms materially modifies your rights or\nobligations, you may be required to indicate your assent to the modified Terms. Notwithstanding the\nforegoing, any use of the Service after the Terms are modified constitutes your acceptance of the modified\nTerms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms\nthat was in effect at the time the dispute arose.
\nThe Service is owned and operated by eHealth. The visual interfaces, graphics, design, compilation,\ninformation, data, computer code (including source code or object code), products, software, services, and\nall other elements of the Service (“Materials”) provided by eHealth are protected by intellectual\nproperty and other laws. All Materials included in the Service are the property of eHealth or our\nthird-party licensors. Except as expressly authorized by eHealth, you may not make use of the Materials.\neHealth reserves all rights to the Materials not granted expressly in these Terms.
\nIf you choose to provide input and suggestions regarding problems with or proposed modifications or\nimprovements to the Service (“Feedback”), then you hereby grant eHealth an unrestricted,\nperpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner\nand for any purpose, including to improve the Service and create other products and services.
\nTo the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend\nand indemnify eHealth and its officers, directors, employees, consultants, affiliates, subsidiaries, agents,\nbusiness partners and other third parties permitted to receive your information under eHealth Privacy Policy (together, the “eHealth Entities”) from and\nagainst every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs,\narising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b)\nyour violation of any portion of these Terms, any representation, warranty, or agreement referenced in these\nTerms, or any applicable law or regulation; (c) your violation of any third-party right, including any\nintellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any\ndispute or issue between you and any third party. We reserve the right, at our own expense, to assume the\nexclusive defense and control of any matter otherwise subject to indemnification by you (without limiting\nyour indemnification obligations with respect to that matter), and in that case, you agree to cooperate with\nour defense of that claim.
\nTHE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON\nAN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO\nTHE FULLEST EXTENT PERMITTED BY LAW, THE EHEALTH ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER\nEXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE,\nINCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET\nENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO\nTHE FULLEST EXTENT PERMITTED BY LAW, THE EHEALTH ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF\nTHE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE\nOF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE\nCORRECTED.
\n\nNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR\nCONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE EHEALTH ENTITIES OR THE\nSERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL\nRISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER\nSERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU\nUSE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND\nANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND, TO THE FULLEST EXTENT PERMITTED BY\nLAW, THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR\nMOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE\nSERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
\nTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EHEALTH ENTITIES BE LIABLE TO YOU FOR ANY\nINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS,\nGOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR\nINABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON\nWARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY\nEHEALTH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
\n\nTO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS PROVIDED IN SECTION 21.4(iii), THE AGGREGATE POTENTIAL\nLIABILITY OF THE EHEALTH ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY\nINABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR\nOTHERWISE, IS LIMITED TO $100.
\n\nEACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR\nEXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS\nALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS\nIS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL\nAPPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
\nThe Materials are for informational purposes only. No Material is intended to be a substitute for\nprofessional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other\nqualified health provider with any questions you may have regarding a medical condition. Never disregard\nprofessional medical advice or delay in seeking it because of something you have read on the Service. If you\nthink you may have a medical emergency, call your doctor or 911 immediately. eHealth does not recommend or\nendorse any specific tests, physicians, products, procedures, opinions, insurance coverage or other\ninformation that may be mentioned on the Service. Reliance on any information provided by eHealth, eHealth\nemployees, or other visitors to the Service is solely at your own risk.
\nThese Terms are governed by the laws of the State of California without regard to conflict of law principles.\nIf a lawsuit or court proceeding is permitted under these Terms, then you and eHealth agree to submit to the\npersonal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara\nCounty, California for the purpose of litigating any dispute. We operate the Service from our offices in\nCalifornia, and we make no representation that Materials included in the Service are appropriate or\navailable for use in other locations.
\nThese Terms, together with the Privacy Policy and any other agreements\nexpressly incorporated by reference into these Terms, are the entire and exclusive understanding and\nagreement between you and eHealth regarding your use of the Service. Except as expressly permitted above,\nthese Terms may be amended only by a written agreement signed by authorized representatives of all parties\nto these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in\npart, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any\ntime without notice or consent. The failure to require performance of any provision will not affect our\nright to require performance at any other time after that, nor will a waiver by us of any breach or default\nof these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver\nof the provision itself. Use of section headers in these Terms is for convenience only and will not have any\nimpact on the interpretation of any provision. If any part of these Terms is held to be invalid or\nunenforceable, the unenforceable part will be given effect to the fullest extent permitted by law, and the\nremaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, 4, and 6\nthrough 22, along with the Privacy Policy and any other accompanying\nagreements, will survive.
\nGenerally. In the interest of resolving disputes between you and eHealth in the most\nexpedient and cost effective manner, you and eHealth agree that any dispute arising out of or in any\nway related to these Terms or your use of the Service will be resolved by binding arbitration.\nArbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of\na judge or jury, may allow for more limited discovery than in court, and can be subject to very\nlimited review by courts. Arbitrators can award the same damages and relief that a court can award.\nThis agreement to arbitrate disputes includes all claims arising out of or in any way related to\nthese Terms or your use of the Service, whether based in contract, tort, statute, fraud,\nmisrepresentation, or any other legal theory, and regardless of whether a claim arises during or\nafter the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS,\nYOU AND EHEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.\n
\nExceptions. Despite the provisions of Section 21.1 above, nothing in these Terms\nwill be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an\nindividual action in small claims court; (b) pursue an enforcement action through the applicable\nfederal, state, or local agency if that action is available; (c) seek injunctive relief in a court\nof law; or (d) to file suit in a court of law to address an intellectual property infringement claim\n(including any claim based on the unauthorized use of the Service).
\nArbitrator. Any arbitration between you and eHealth will be governed by the Federal\nArbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary\nProcedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American\nArbitration Association (“AAA”), as modified by these Terms, and will be administered by\nthe AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at\n1-800-778-7879, or by contacting eHealth. The arbitrator has exclusive authority to resolve any\ndispute relating to the interpretation, applicability, or enforceability of this binding arbitration\nagreement.\n
\nNotice; Process. A party who intends to seek arbitration must first send a written\nnotice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”).\neHealth’s address for Notice is: 2625 Augustine Drive, Second Floor, Santa Clara, CA 95054 or\nlegalreview@ehealth.com. The Notice must: (a) describe\nthe nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).\nThe parties will make good faith efforts to resolve the claim directly, but if the parties do not\nreach an agreement to do so within 30 days after the Notice is received, you or eHealth may commence\nan arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or\neHealth must not be disclosed to the arbitrator until after the arbitrator makes a final decision\nand award, if any. If the dispute is finally resolved through arbitration in your favor, eHealth\nwill pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii)\nthe last written settlement amount offered by eHealth in settlement of the dispute prior to the\narbitrator’s award; or (iii) $1,000.
\nFees. If you commence arbitration in accordance with these Terms, eHealth will\nreimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as\nset forth below, in which case the payment of any fees will be decided by the AAA Rules. Any\narbitration hearing will take place at a location to be agreed upon in Santa Clara County,\nCalifornia, but if the claim is for $15,000 or less, you may choose whether the arbitration will be\nconducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a\nnon-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA\nRules in the county (or parish) of your billing address. If the arbitrator finds that either the\nsubstance of your claim or the relief sought in the Demand is frivolous or brought for an improper\npurpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the\npayment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse eHealth\nfor all monies previously disbursed by it that are otherwise your obligation to pay under the AAA\nRules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a\nreasoned written decision sufficient to explain the essential findings and conclusions on which the\ndecision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to\nthe payment and reimbursement of fees or expenses at any time during the proceeding and upon request\nfrom either party made within 14 days of the arbitrator’s ruling on the merits.
\nNo Class Actions. YOU AND EHEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER\nONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED\nCLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and eHealth agree otherwise, the\narbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any\nform of a representative or class proceeding.
\nModifications to this Arbitration Provision. If eHealth makes any future change to\nthis arbitration provision, other than a change to eHealth’s address for Notice, you may reject the\nchange by sending us written notice within 30 days of the change to eHealth’s address for Notice, in\nwhich case this arbitration provision, as in effect immediately prior to the changes you rejected,\nwill continue to govern any disputes between you and eHealth.
\nEnforceability. If Section 21.6 is found to be unenforceable or if the entirety of\nthis Section 21 is found to be unenforceable, then the entirety of this Section 21 will be null and\nvoid and, in that case, the parties agree that the exclusive jurisdiction and venue described in\nSection 19 will govern any action arising out of or related to these Terms or your use of the\nService.
\nOpt Out. Arbitration is not a mandatory condition of these Terms. If you do not want\nto be subject to this Dispute Resolution and Arbitration provision, you may opt out of this Dispute\nResolution and Arbitration provision by notifying eHealth in writing of your decision, either by\nsending, within thirty (30) days of the date you accept these Terms, (1) an electronic message to\nlegalreview@ehealth.com, stating clearly your name and\nintent to opt out of the Dispute Resolution and Arbitration provision or (2) a letter sent by\novernight mail by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or\nby hand delivery to: Legal Department, 2625 Augustine Drive, Second Floor, Santa Clara, CA 95054. In\norder to be effective, the letter under option (2) must clearly indicate your intent to opt out of\nthis Dispute Resolution and Arbitration provision, and must be dated and signed. If emailed or hand\ndelivered, the signed letter must be received within thirty (30) days of your acceptance of these\nTerms. If sent by overnight delivery service, the letter must be submitted for delivery to the\ndelivery service within thirty (30) days from the date you accept these Terms. Should you choose not\nto opt out of this Dispute Resolution and Arbitration provision within the 30-day period, you and\neHealth will be bound by the terms of this Dispute Resolution and Arbitration provision. You have\nthe right to consult with counsel of your choice concerning this Dispute Resolution and Arbitration\nprovision. You understand that you will not be subject to retaliation if you exercise your right to\nopt out of coverage under this Dispute Resolution and Arbitration provision.
\nBy using the Service, and subject to Section 4, you consent to receiving certain electronic communications\nfrom us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications\npractices. You agree that any notices, agreements, disclosures, or other communications that we send to you\nelectronically will satisfy any legal communication requirements, including that those communications be in\nwriting.
\nThe Service is offered by eHealthInsurance Services, Inc., located at 2625 Augustine Drive, Second Floor,\nSanta Clara, CA 95054. You may contact us by sending correspondence to that address or by emailing us at\ncustomerservice@ehealth.com.
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\n\n\n\n\n","slug":"terms-of-use","date":"2020-01-28T00:45:31.000Z","modified":"2022-05-16T06:22:18.000Z","author":{"name":"Boris Belobrad"}}},"pageContext":{"id":17695}},"staticQueryHashes":[]}