Terms of Use

LAST UPDATED: 9 August 2024

Please read these Terms of Use ("Terms of Use", "Agreement") carefully before using https://navigatingmedicareplans.com website (“website”, "service" or “services”, “site”) operated by Resource Connect (“Company”, "us", 'we", "our").

Conditions Of Use

By using this website, you certify that you have read and reviewed this Agreement and that you agree to be bound by, and comply with its terms, without modification. You further agree to our collection, use and sharing of your information as described in our Privacy Policy, or any other terms linked to these Terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. We only grant use and access of this website, its products, and its services to those who have accepted its terms.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE, WHETHER AN INDIVIDUAL OR ENTITY.

Privacy Policy

Before you continue using our website, we advise you to read our Privacy Policy regarding our user data collection. It will help you better understand our practices.

Changes To Terms

We may revise these Terms of Use at any time, with or without notice, by updating this page (indicating the date of most recent update), and such ‎revisions will be effective upon posting to this page. Please check these Terms of Use periodically for any ‎changes. Your continued use of the Site following the posting of any revisions to these Terms of Use will ‎mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of ‎the Site, including your access to it. Unless explicitly stated, any new features will be subject to ‎these Terms of Use.

Age Restriction

You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. We assume no responsibility for liabilities related to age misrepresentation.

Intellectual Property

You agree, unless otherwise noted, that all photographs, pictures, graphics, and all other images, including digital, ‎printed and video images, and portions thereof, and all content, data, information, news, and all ‎other text and materials, including digital, printed and audio, along with the layout and design of the ‎Site and all documentation, data, services, features, products and other content at the Site ‎‎(collectively, “Site Content”) are protected by the copyright laws of the United States and other ‎jurisdictions. You agree that all materials, products, and services provided on this website are the property of the Company, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. Site Content may not be ‎reproduced, modified, redistributed or otherwise used in any way without an express written license with the ‎applicable Site Content owner.

Use Of Site Content

You are hereby granted a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only.

User Accounts

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

Prohibited Uses

By entering and using this Site, you understand and agree that you are prohibited from:

• leasing, selling, copying, sublicensing, transferring, or assigning any information, intellectual property, goods, or services provided on the site.
• using the site for any illegal purpose.
• gaining unauthorized access to the company's data or the data of other users.
• altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking the company's intellectual property.
• altering or modifying another website to falsely imply that it is associated with the company's website.
• using or exporting the company's information, products, or services in violation of U.S. export laws and regulations.
• violating anyone else's legal rights (for example, privacy rights) or any laws (for example, copyright laws) in the user's jurisdiction.
• using the website or the company's services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct.
• breaching, or attempting to breach, the website's security systems.
• enabling third parties to violate the Terms of Use, and
• (if legally required) failing to ensure that all end users of the site are at least 18 years of age or older.

Availability Of Website

Subject to the Terms of Use of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on a 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

Data Transfer

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

Third-Party Websites

The Site may contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. The Company does not control the information, products or services made available on or through these third-party websites. The inclusion of any link does not imply endorsement by us of the applicable website or any association with the website’s operators. Because we have no control over such websites and/or resources, each User/Entity agrees that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s/Entity’s data privacy by third parties. Each User/Entity further agrees that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website.

Term, Termination, And Survival

This Agreement shall be effective as of the date (the "Effective Date") the User accepts the terms herein or first accesses, downloads or uses any of the services or information (collectively, the "Services") on the site and shall remain in effect for so long as the User uses or accesses any of the Services (the "Term"). Upon termination of the Term, the User shall no longer be permitted to use or access the Services. The terms herein that contemplate obligations after the Term, including but not limited to Compliance With Local Laws, Governing Law, Indemnification, Disclaimer Of Representations And Warranties, Limitation Of Liability, Dispute Resolution, Miscellaneous, shall survive termination.

Compliance With Local Laws

Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.

Governing Law

By visiting this website, you agree that the laws of the State of Illinois, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between the Company and you, or its business partners and associates.

Indemnification

Each User and the Entity that she/he represents agrees to indemnify, defend and hold the Company, its employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) that User’s/Entity’s improper and/or unauthorized use of our services; (b) that User’s/Entity’s breach of the Agreement in any manner whatsoever; and/or (c) that User’s/Entity’s violation of any rights of another individual and/or entity. The provisions of this section are for the benefit of the Company, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Disclaimer Of Representations And Warranties

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Limitation Of Liability

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Dispute Resolution

Below describes the necessary steps to be taken for any dispute resolution. Please read it carefully.

Individual Dispute Resolution
To the maximum extent permitted by law, you hereby waive any right to bring on behalf of persons other than yourself, or to otherwise participate with other persons in, a class, collective, or representative action, or other federal, state, or local statue or ordinance of similar effect. You understand, however, that to the maximum extent permitted by law, you retain the right to bring claims in arbitration, for yourself as an individual (and only for yourself).

Notice of Dispute
Prior to initiating any formal dispute resolution process, a party alleging a breach of this Agreement must provide written notice to the other party specifying the alleged breach in detail. Such notice shall include, but not be limited to, a clear and concise description of the contractual provision allegedly violated, the specific actions or omissions constituting the alleged breach, and supporting documentation or evidence. The Notice and Proof must be submitted in writing via Certified Mail to the address listed in the Contact Information at the bottom of this Agreement.

Proof of Violation
As a precondition to any dispute resolution proceeding, the party alleging a breach must submit sufficient evidence to establish a prima facie case of the alleged contract violation. Such evidence may include, but is not limited to, documents, emails, witness statements, or other relevant materials.

Frivolous Claims
If any party initiates a lawsuit or arbitration arising out of or related to this Agreement, and such action is determined by a court or arbitrator to be frivolous, groundless, or brought in bad faith, the prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, and other expenses incurred in connection with such action.

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: http://www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Cook County, Illinois. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Cook County, Illinois, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be ‎transferred, or assigned by you. However, we may assign, novate or subcontract any or all of our rights and obligations under these Terms at ‎any time.

Entire Agreement

These Terms of Use, together with the Privacy Policy and any other documents or policies referenced herein, constitute the entire Agreement between you ‎and the Company regarding the use of the Site and the content and services provided on this Site, ‎superseding any prior Agreements between you and the Company relating to the subject matter hereof.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire Agreement and understanding between you and the Company. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Electronic Signatures

You acknowledge and agree that by clicking on the opt-in, contact us, or other button used to submit information, or taking such other action as may be designated by Company as a means of accepting all or a portion of the Agreement, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your Agreement and intent to be bound by the Agreement. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE AND/OR OTHER COMPANY OFFERINGS. Further, you hereby waive any right or requirement under any statutes, regulations, rules, ordinances or other law in any jurisdiction which require(s): (a) an original signature; (b) delivery or retention of non-electronic records; and/or (c) payments, or the granting of credits, by other than electronic means.

Contact Information

If you have any questions about this Agreement, please contact us by mail at the following address:
Resource Connect
295 E Swedesford Road, #168
Wayne, PA 19087