TERMS OF SERVICE
Everything Senior Insurance
Last Updated: October 22, 2023
1. Acceptance of These Terms
Welcome to Everything Senior Insurance (“ESI,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, online forms, digital content, communication tools, and other online services that link to these Terms (collectively, the “Services”).
By accessing or using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree, please discontinue your use of the Services.
These Terms apply to website visitors, prospective clients, current clients, and other individuals who use our Services, except where a separate written agreement or applicable law provides otherwise.
2. About Everything Senior Insurance
Everything Senior Insurance provides insurance-related information, assistance, and services through appropriately licensed insurance professionals, subject to applicable licensing requirements and the products and services available in each jurisdiction.
Our Services may include information about Medicare, Medicare Advantage, Medicare Supplement insurance, prescription drug coverage, life insurance, and other insurance products.
Our website is intended to help individuals understand their options and connect with an insurance professional. The products, carriers, and services available may vary based on your location, eligibility, and other factors.
3. Eligibility and Permitted Use
You may use our Services only for lawful purposes and in accordance with these Terms.
By using our Services, you agree that you will:
Provide information that is accurate and not misleading when submitting forms or making inquiries.
Use the Services only for legitimate personal or business purposes permitted by law.
Not attempt to gain unauthorized access to our website, systems, accounts, or data.
Not interfere with the security, operation, or availability of our Services.
Not use our website to distribute malware, spam, fraudulent content, or unlawful material.
Not copy, scrape, harvest, or collect information from our website through automated means without our prior written permission, except where permitted by law.
Not impersonate another person or misrepresent your affiliation with any person or organization.
Not use our Services in a manner that violates applicable laws, regulations, or the rights of others.
We may restrict or suspend access to our Services when reasonably necessary to protect our business, users, systems, or legal rights, subject to applicable law.
4. Informational Purposes and No Guarantee of Coverage
Information provided through our Services is intended for general educational and informational purposes. Although we strive to provide useful and accurate information, we do not guarantee that all website content is complete, current, or applicable to every individual situation.
Insurance coverage, premiums, eligibility, benefits, exclusions, provider networks, prescription formularies, and other plan terms vary by policy, carrier, location, and individual circumstances.
Website content does not replace the official terms of an insurance policy, Evidence of Coverage, Summary of Benefits, plan documents, or other governing insurance materials.
You should review the applicable documents and consult an appropriately licensed insurance professional before making an insurance decision.
5. Medicare Information Disclaimer
Medicare rules, enrollment periods, plan availability, costs, benefits, and eligibility requirements may change. Information on our website may not reflect every current rule or every plan available in your area.
Unless expressly stated otherwise, Everything Senior Insurance is not part of or endorsed by the Centers for Medicare & Medicaid Services (CMS), the U.S. Department of Health and Human Services, or the federal Medicare program.
Our website is not an official government website. References to Medicare, Medicare Advantage, Medicare Supplement insurance, prescription drug plans, or other programs are for identification and informational purposes.
Nothing on our website should be interpreted as a guarantee that you qualify for a particular plan, benefit, subsidy, or coverage determination.
Any plan recommendation or enrollment assistance is subject to applicable laws, licensing requirements, carrier rules, and required disclosures and permissions.
6. No Professional or Legal Advice
Content on our website is not legal, tax, medical, financial, or other professional advice.
Although our licensed insurance professionals may provide insurance-related guidance within the scope of their licenses, website content alone does not establish an advisor-client relationship or replace individualized advice.
You are responsible for evaluating your circumstances and consulting the appropriate professional when necessary.
7. Insurance Products, Applications, and Enrollment
Submitting an inquiry, requesting a consultation, receiving a quote, or speaking with an insurance professional does not guarantee that an insurance application will be approved or that coverage will become effective.
Eligibility, underwriting, premiums, benefits, exclusions, and coverage effective dates are determined according to the applicable insurer's requirements, policy terms, and governing law.
An insurance policy or plan document, rather than general website content, controls the terms of coverage.
You are responsible for reviewing application information for accuracy before submitting it. Do not knowingly provide false, incomplete, or misleading information.
We do not guarantee the availability of any specific insurance product, carrier, plan, rate, benefit, or enrollment opportunity.
8. Requests for Information and Communications Consent
When you submit a form, request information, schedule an appointment, or otherwise contact us, we may use the information you provide to respond to your request, coordinate services, and communicate with you as permitted by applicable law and your preferences.
Depending on your request and the permissions you provide, communications may include telephone calls, emails, and text messages.
Submitting your contact information does not automatically mean you consent to every type of marketing communication. Where consent is required, we will seek the appropriate consent. Consent to receive marketing calls or texts is not a condition of purchasing insurance or receiving services unless expressly permitted by law.
Message and data rates may apply to text messages. Message frequency may vary. You may opt out of marketing text messages by replying STOP where supported, or follow the instructions provided in the message. You may request assistance by replying HELP where supported or contacting us directly.
Opting out of marketing communications does not necessarily stop service-related or legally required communications.
For information about how we collect, use, and protect personal information, please review our separate Privacy Policy.
9. Privacy and Personal Information
Your use of our Services may involve the submission of personal information, including contact details and information related to your insurance needs.
Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy, which should be read together with these Terms.
Please do not submit sensitive personal information through a website form unless the form is intended for that information and the submission is appropriate.
We take reasonable measures to protect information, but no website, electronic transmission, or storage system can be guaranteed to be completely secure.
Nothing in these Terms limits any privacy rights or protections available to you under applicable law.
10. Intellectual Property
Unless otherwise indicated, the website and its content—including text, graphics, logos, images, page layouts, videos, downloads, and other materials—are owned by or licensed to Everything Senior Insurance and are protected by applicable intellectual property laws.
You may view, download, or print materials for your personal, noncommercial use, provided that you do not remove copyright notices or other proprietary notices.
Without our prior written permission, you may not reproduce, distribute, modify, republish, sell, publicly display, create derivative works from, or commercially exploit our content, except where such activity is permitted by law.
Nothing in these Terms transfers ownership of our intellectual property to you.
11. Trademarks and Third-Party Names
Everything Senior Insurance and its associated names, logos, and branding may be trademarks or service marks of ESI or their respective owners.
Third-party names, logos, insurance carrier names, and product names appearing on our website belong to their respective owners. Their appearance does not necessarily imply sponsorship, endorsement, or affiliation.
You may not use our name, logo, or branding in a manner that suggests an unauthorized endorsement or relationship.
12. User Submissions and Feedback
If you submit comments, suggestions, reviews, feedback, or other content to us, you represent that you have the right to provide it and that it does not violate another person's rights or applicable law.
You retain ownership of content you lawfully own. By voluntarily providing feedback or suggestions, you grant us permission to use that feedback to improve our business and Services without compensation, provided that this permission does not override applicable privacy rights or any separate agreement.
We are not required to publish, retain, or use user submissions. We may remove content that we reasonably believe is unlawful, misleading, abusive, or inconsistent with these Terms.
13. Third-Party Websites and Services
Our Services may contain links to third-party websites, platforms, insurance carriers, scheduling tools, payment services, video conferencing services, or other external resources.
These third parties operate independently of ESI. We do not control and are not responsible for their content, availability, security, privacy practices, terms, or services.
A link to a third-party website does not necessarily constitute an endorsement or guarantee of that website or its offerings.
Your use of third-party services is subject to the applicable third party's terms and policies. You should review those terms before providing information or engaging in transactions.
14. Electronic Communications and Records
When you contact us electronically, submit an online form, or communicate through our digital Services, you consent to receive a response electronically where permitted by law.
Electronic communications may include emails, text messages, online notices, and documents delivered through digital channels.
Where applicable law requires specific disclosures, notices, or consent procedures, we will follow those requirements. Nothing in this section waives any legal rights that cannot be waived electronically.
15. Website Availability and Changes
We may update, modify, suspend, or discontinue any portion of our website or Services from time to time.
We do not guarantee uninterrupted availability or that the Services will be free from errors, technical problems, or security vulnerabilities.
We may correct errors, update content, remove materials, or change website features without prior notice, subject to applicable law and any separate contractual obligations.
We are not responsible for temporary interruptions caused by maintenance, technical failures, third-party service providers, or circumstances beyond our reasonable control.
16. Disclaimer of Warranties
To the fullest extent permitted by applicable law, our website and its general content are provided on an “as is” and “as available” basis.
We disclaim warranties that may lawfully be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
We do not warrant that the website will always be available, error-free, secure, or compatible with every device or system, or that all information will be accurate or complete at all times.
This section does not exclude warranties, rights, or protections that cannot legally be excluded or limited.
17. Limitation of Liability
To the fullest extent permitted by applicable law, Everything Senior Insurance and its owners, officers, employees, representatives, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or related to your use of, or inability to use, our website or general informational content.
This limitation applies only to the extent permitted by law and does not exclude liability that cannot legally be excluded, including liability arising from fraud, willful misconduct, or other circumstances for which limitation is prohibited by applicable law.
Nothing in this section limits rights or remedies you may have under an insurance policy, a separate written agreement, or applicable insurance law.
Where liability cannot be excluded but may legally be limited, any limitation will apply only to the extent allowed by applicable law.
18. Indemnification
To the extent permitted by applicable law, you agree to be responsible for losses, liabilities, and reasonable expenses arising from your unlawful use of the Services, your material violation of these Terms, or your infringement of another person's rights.
This provision does not require you to indemnify ESI for our own negligence, misconduct, or other liabilities where such indemnification would be prohibited by law.
We will not seek indemnification for claims to the extent they result from our own conduct or where applicable law prohibits recovery.
19. Suspension and Termination
We may suspend or terminate your access to all or part of the Services if we reasonably believe that you have violated these Terms, created a security risk, or used the Services unlawfully.
Where appropriate and legally required, we may provide notice or an opportunity to address the issue.
Termination of website access does not eliminate rights or obligations that arose before termination or provisions that by their nature should survive, including intellectual property protections, applicable disclaimers, and lawful limitations of liability.
20. Dispute Resolution
If a dispute arises from your use of our website or these Terms, we encourage you to contact us first so that we can attempt to resolve the matter informally.
You may contact us at:
Everything Senior Insurance
61 W 13490 S, Suite 201
Draper, UT 84020
Phone: 801-255-5340
Email: [email protected]
Nothing in this section prevents either party from exercising rights that cannot lawfully be restricted or from pursuing an appropriate remedy through a court or administrative agency where permitted by law.
Any arbitration agreement, class-action waiver, or other mandatory dispute-resolution provision must be separately and carefully drafted to comply with applicable law. No such agreement is created by this section alone.
21. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles, except where federal law or another applicable law requires otherwise.
Subject to applicable law, disputes relating to these Terms or the website may be brought in a court of competent jurisdiction. Nothing in this section overrides mandatory consumer protections, insurance regulations, or jurisdictional rights that cannot lawfully be waived.
22. California Privacy Rights
If California privacy law applies to our handling of your personal information, you may have rights to request access to, correction of, or deletion of certain personal information, and to receive information about our collection, use, and disclosure practices.
Additional rights may apply depending on the nature of our business, the information involved, and the circumstances of processing.
We will evaluate and respond to requests in accordance with applicable law. We may need to verify your identity and may decline requests where a legal exception applies.
For details about our personal information practices, please review our Privacy Policy or contact us using the information in Section 25.
23. Children’s Use
Our Services are intended for adults and are not directed to children under 13 years of age. Children should not submit personal information through our website.
If we become aware that we have collected personal information from a child under 13 in a manner that requires parental consent, we will take appropriate steps consistent with applicable law.
24. Changes to These Terms
We may revise these Terms from time to time to reflect changes in our Services, business practices, or legal requirements.
When we update the Terms, we will revise the “Last Updated” date at the beginning of the document. The updated version will apply from the date it is posted, unless otherwise stated or required by law.
Your continued use of the Services after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law. If you do not agree with a revision, you should discontinue use of the Services.
25. Contact Information
If you have questions about these Terms or our website, please contact us:
Everything Senior Insurance
61 W 13490 S, Suite 201
Draper, UT 84020
Phone: 801-255-5340
Email: [email protected]
26. Entire Agreement and Severability
These Terms govern your use of our website and Services, except where a separate agreement applies.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed only to the extent necessary, and the remaining provisions will remain in effect to the extent permitted by law.
Our failure to enforce a provision does not constitute a waiver of our right to enforce it later.
These Terms do not create a partnership, employment relationship, agency relationship, or joint venture between you and ESI.
By using the Everything Senior Insurance website, you acknowledge that you have read these Terms of Service and agree to comply with them, subject to applicable law.