Terms of use | Health Exchange Group

Last Updated: November 13, 2023

These Terms of Use ("Terms") govern your access to and use of the website operated by Health Exchange Group ("we," "us," or "our") located at healthexchangegroup.com and any related websites, services, applications, or content that link to these Terms (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms in their entirety, you must not access or use our Services.

1. PURPOSE OF THE WEBSITE

Health Exchange Group is an independent marketing and comparison platform — not a government agency, not an arm of the Centers for Medicare & Medicaid Services (CMS), and not affiliated with or endorsed by Medicare, Medicaid, or any federal or state government program.

We connect consumers who are seeking information about Medicare-related products and services with licensed insurance providers, insurance agencies, and marketing partners ("Partners") who may be able to assist them. Our platform may display information about Medicare Advantage plans (Part C), Medicare Supplement (Medigap) plans, Medicare Part D prescription drug plans, and related ancillary products.

We do not:

Sell insurance directly to consumers
Provide binding insurance quotes
Act as a licensed insurance provider, broker, or agent
Speak on behalf of or represent any government Medicare program
Guarantee enrollment in any plan or program

Any plan information presented on this site is for general comparison purposes only and is subject to change. Final plan details, premiums, benefits, and availability are determined solely by the issuing insurer and are subject to CMS approval.

2. NOT AFFILIATED WITH MEDICARE OR THE FEDERAL GOVERNMENT

This website is not affiliated with, connected to, authorized by, endorsed by, or in any way officially connected with the U.S. Government, the Department of Health and Human Services (HHS), or the Centers for Medicare & Medicaid Services (CMS). The official Medicare website is located at Medicare.gov.

We do not represent that our Services provide a complete or exhaustive comparison of all available Medicare plans. Not all plans or insurers may be represented on our platform. You are encouraged to visit Medicare.gov or call 1-800-MEDICARE (1-800-633-4227) to review all available options in your area.

3. ELIGIBILITY

To use our Services, you must:

Be at least 18 years of age
Be a legal resident of the United States
Be legally capable of entering into binding agreements under applicable law
Not be prohibited from using our Services under any applicable law or regulation

By using the Services, you represent and warrant that you meet all of the above requirements. If you do not meet these requirements, you must immediately cease using our Services.

Our Services are intended for individuals who are eligible for or interested in learning about Medicare coverage options, including those approaching age 65, individuals under 65 with qualifying disabilities or conditions, and current Medicare beneficiaries exploring their options during applicable enrollment periods.

4. INFORMATIONAL PURPOSE ONLY — NO PROFESSIONAL ADVICE

The content provided on this website — including plan comparisons, benefit summaries, premium estimates, eligibility guidance, and educational materials — is for general informational purposes only and does not constitute:

Insurance advice or a recommendation to purchase any specific plan
Medical advice, diagnosis, or treatment recommendations
Legal advice
Financial, tax, or investment advice

Nothing on this website creates a professional relationship of any kind between you and Health Exchange Group, any of our employees, or our Partners.

You should consult directly with a licensed insurance professional, physician, attorney, or financial advisor before making any decisions regarding health insurance coverage, medical treatment, or financial planning. Plan benefits, networks, formularies, and premiums vary widely and change annually. We strongly encourage you to review the Summary of Benefits and Evidence of Coverage for any plan you are considering before enrolling.

5. CONSENT TO CONTACT — TCPA DISCLOSURE

By submitting your information through this website, including but not limited to your name, phone number, email address, or zip code, you expressly consent to receive communications from Health Exchange Group and/or its licensed insurance Partners, including:

Telephone calls (including calls using automatic telephone dialing systems or artificial/pre-recorded voice messages)
Text messages (SMS/MMS)
Emails
Direct mail

This consent applies even if your number is listed on a federal, state, or internal Do Not Call registry. You understand that your consent is not required as a condition of purchasing any goods or services.

You may revoke your consent to receive automated calls or text messages at any time by:

Replying "STOP" to any text message you receive from us
Calling us at the number listed in Section 26 (Contact Information)
Submitting a written request to our contact email

Standard message and data rates may apply to text communications. Message frequency varies.

If you do not wish to provide consent to be contacted, please do not submit your information through this website.

6. INFORMATION SHARING AND LEAD GENERATION

Our Services operate in part as a lead generation platform. When you submit your information through forms, quote requests, or other interactive features on this website, you acknowledge and agree that:

Your information may be shared with one or more licensed insurance agents, agencies, carriers, or marketing organizations ("Partners") who may contact you regarding Medicare-related products and services.
Partners who receive your information are independent of Health Exchange Group and are solely responsible for their own communications, marketing practices, and compliance with applicable law.
We may receive compensation from Partners in connection with the referral or sharing of your information.
The Partner(s) who contact you may be located in states other than your own.

We endeavor to share your information only with Partners who have agreed to our data use terms and applicable privacy standards, but we cannot guarantee the practices of any third party once your information has been shared.

For more information about how your personal information is collected, used, and shared, please review our Privacy Policy.

7. MEDICARE ENROLLMENT PERIODS

Medicare enrollment is generally limited to specific enrollment periods defined by CMS. These include, but are not limited to:

Initial Enrollment Period (IEP): A 7-month window around your 65th birthday
Annual Enrollment Period (AEP): October 15 through December 7 each year
Medicare Advantage Open Enrollment Period: January 1 through March 31 each year
Special Enrollment Periods (SEPs): Triggered by qualifying life events

Information on this website regarding enrollment periods is provided for general reference only. Enrollment periods, eligibility rules, and plan availability are subject to change by CMS and may vary based on individual circumstances. We make no representation that the enrollment period information on this site is current, accurate, or applicable to your specific situation. You should verify all enrollment period information directly with CMS or a licensed insurance professional.

8. THIRD-PARTY OFFERS, ADVERTISERS, AND LINKS

Our Services may display offers, advertisements, sponsored content, or links from third-party insurance providers, agencies, or other companies ("Advertisers"). You acknowledge and agree that:

We do not endorse, recommend, or guarantee any specific Advertiser, plan, product, or service.
We do not guarantee the accuracy, completeness, or timeliness of any content provided by Advertisers.
We do not control the business practices, websites, privacy policies, or terms of service of any third party.
Advertiser compensation may influence the placement, prominence, or order in which offers are displayed on our platform, but does not constitute an endorsement.
When you click on an offer, advertisement, or external link, you may be leaving our website and entering a third-party site governed by that party's own terms and privacy policies.

We encourage you to review the terms and privacy policies of any third-party website you visit. Health Exchange Group is not responsible for the content, accuracy, or practices of any third-party websites or services.

9. ACCURACY OF PLAN INFORMATION

Plan information displayed on this website, including but not limited to premiums, deductibles, copays, coinsurance, network details, drug formularies, and benefit summaries, is sourced from publicly available data, insurer filings, or Partner-provided data. This information:

May not reflect the most current plan details
May vary by county or zip code
Is subject to annual change by the insurer and CMS approval
Is not a guarantee of your individual costs or benefits

Always verify plan details directly with the insurer or a licensed insurance agent prior to enrollment. Benefits and premiums displayed are illustrative and may not reflect your actual costs based on your location, health status, or other factors.

10. USER RESPONSIBILITIES

By using our Services, you agree that you will not:

Use the Services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation
Impersonate any person or entity or falsely represent your affiliation with any person or entity
Provide false, inaccurate, misleading, or fraudulent information at any time
Attempt to gain unauthorized access to any portion of the Services or any related systems or networks
Interfere with, disrupt, or attempt to interrupt the proper operation of the Services
Use automated systems, bots, scrapers, spiders, crawlers, or other non-human methods to access, index, or extract data from the Services without our express written permission
Transmit any viruses, malware, or other harmful or malicious code through the Services
Harvest, collect, or store personal information about other users without their express consent
Use the Services to send unsolicited commercial communications
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services

We reserve the right to terminate or restrict your access to the Services at any time, for any reason, with or without notice, including for violation of these Terms.

11. INTELLECTUAL PROPERTY

All content on this website — including but not limited to text, articles, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, page layout, and design — is the property of Health Exchange Group or its content suppliers and is protected by United States and international intellectual property laws, including copyright, trademark, and trade secret laws.

The Health Exchange Group name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Health Exchange Group or its affiliates. You may not use such marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only. You may not:

Copy, reproduce, distribute, publish, display, perform, or create derivative works of any content without our prior written permission
Remove or alter any copyright, trademark, or other proprietary rights notices
Use any content for commercial purposes without our express written consent
Frame or mirror the Services on any other website without authorization

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

If you believe that content available on or through our Services infringes your copyright, you may submit a written notification to our designated copyright agent at the address listed in Section 26. Your notice must include all elements required under 17 U.S.C. § 512(c)(3).

We will respond to valid DMCA takedown notices in accordance with applicable law.

13. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant or represent that:

The Services will be available at all times or free from interruptions, errors, or defects
Any information on the Services is accurate, complete, current, or reliable
The Services will meet your requirements or expectations
Any defects in the Services will be corrected
The Services are free from viruses or other harmful components
Results obtained from using the Services will be accurate or reliable

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Health Exchange Group, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, business opportunities, or goodwill
Personal injury or property damage
Unauthorized access to or use of our servers or personal information
Interruption or cessation of transmission to or from the Services
Bugs, viruses, or similar harmful elements transmitted by third parties
Errors or omissions in content, or any loss or damage arising from your use of any content posted or otherwise made available through the Services

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent liability cannot be fully excluded under applicable law, Health Exchange Group's total aggregate liability to you for all claims arising out of or related to your use of the Services shall not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Health Exchange Group, its affiliates, licensors, service providers, employees, agents, officers, directors, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your use of or inability to use the Services
Your submission of any information through the Services
Your violation of any law or the rights of any third party
Any content you submit, post, or otherwise make available through the Services

16. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

Disputes Covered. This Section applies to any "Dispute" between you and Health Exchange Group and/or our advertising and marketing partners or clients (collectively included in "Health Exchange Group" for purposes of this Section), arising out of or relating to the Services, these Terms, or any calls, texts, or emails you receive in connection with your use of the Services. "Dispute" means any dispute, claim, or controversy — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — for which either party seeks legal recourse, including questions about the validity, enforceability, or scope of this arbitration agreement. Questions of arbitrability shall be decided by the arbitrator.

Informal Resolution — Notice of Dispute Required. Before filing any arbitration demand or lawsuit, you and Health Exchange Group agree to attempt informal resolution for at least 30 days. The party asserting a Dispute must first send a written Notice of Dispute to the other party that includes: (a) the sender's name, address, and contact information; (b) a description of the Dispute and any relevant account information; and (c) the resolution being sought. You must send your Notice of Dispute to the address in Section 26 (Contact Information). Health Exchange Group will send any Notice of Dispute to your registered email or mailing address. Neither party may proceed to arbitration without first providing a compliant Notice of Dispute. A court may enjoin an arbitration demand filed without a compliant notice and may order reimbursement of fees already incurred.

Binding Individual Arbitration. If the Dispute is not resolved within 30 days of the Notice of Dispute, either party may initiate binding individual arbitration. You and Health Exchange Group agree that Disputes will be resolved by binding individual arbitration administered by, at the discretion of the initiating party, the American Arbitration Association (AAA) or JAMS, pursuant to the U.S. Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the arbitration provider's applicable consumer rules, as modified by these Terms. The arbitrator — not a court — shall have exclusive authority to resolve all Disputes, including questions of arbitrability.

Arbitration Procedure. Arbitration will be conducted by a single neutral arbitrator. Hearings will be conducted by telephone or video unless the arbitrator determines an in-person hearing is necessary, in which case the hearing will take place in the county of your residence (or as otherwise agreed). For claims under $10,000, the arbitrator may decide the matter on written submissions alone. Any arbitration award will include a written decision stating the findings of fact and conclusions of law. Awards may be confirmed and enforced in any court of competent jurisdiction.

Consumer Arbitration Fees.

If your claim is for $5,000 or less (including all fees and relief sought), Health Exchange Group will pay all arbitration costs, including your filing fees.
If your claim exceeds $5,000 and you demonstrate that arbitration costs would be prohibitive compared to litigation costs, Health Exchange Group will pay as much of your arbitration costs as the arbitrator finds necessary to prevent arbitration from being cost-prohibitive.
If Health Exchange Group initiates arbitration against you, Health Exchange Group will pay all filing fees.
Each party bears its own attorneys' fees unless applicable law provides otherwise.
You or Health Exchange Group must initiate arbitration within two (2) years of when the Dispute first arose, or as required by applicable law if shorter.

Exceptions to Arbitration. The following are not subject to mandatory arbitration: (i) individual claims in small claims court; (ii) enforcement actions through a government agency where permitted by law; (iii) actions to compel or enforce a prior arbitration decision; (iv) requests for injunctive relief to preserve the status quo while arbitration proceeds; (v) claims of intellectual property infringement; and (vi) claims that are part of a pending class or collective action settlement in any court.

Coordinated Filings / Mass Arbitration. If ten (10) or more claimants represented by the same or coordinated counsel submit Notices of Dispute raising similar claims ("Coordinated Cases"), the following process applies:

Counsel for claimants and Health Exchange Group must confer in good faith on the number of "bellwether" cases to proceed first (an even number, split equally between claimant-selected and Health Exchange Group-selected cases). If the parties cannot agree, the arbitration provider will determine the number.
Only the chosen bellwether cases may be filed with the arbitration provider; all other Coordinated Cases are stayed pending the bellwether outcomes.
After all bellwether proceedings conclude (or sooner by agreement), the parties must engage in a single mediation of remaining cases, with costs split equally.
If mediation does not resolve all remaining Coordinated Cases, those claims may be filed only in the state or federal courts of Massachusetts, and you consent to exclusive jurisdiction there. Claimants in Coordinated Cases may seek class treatment in court but only among those claimants who submitted compliant Notices of Dispute.
Health Exchange Group will pay only its share of arbitration fees for Coordinated Cases; claimants are responsible for their share per the applicable fee schedule.

Applicable statutes of limitations are tolled for claimants who have provided compliant Notices of Dispute. A court shall have authority to enforce this bellwether process.

Future Changes to Dispute Resolution. Health Exchange Group may update these dispute resolution provisions, but no amendment shall apply to any Dispute that arose before the amendment's effective date, nor shall any amendment make arbitration procedures materially less favorable to claimants with pending disputes.

Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HEALTH EXCHANGE GROUP EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, OR ANY PROCEEDING WHERE ANOTHER PERSON ACTS IN A REPRESENTATIVE CAPACITY. If this class action waiver is found unenforceable, the entire arbitration agreement (but not the class action waiver itself) shall be void and disputes will be resolved in court subject to the governing law and venue provisions herein.

30-Day Right to Opt Out of Arbitration. You have the right to opt out of the binding arbitration provisions in this Section (but not the class action waiver). To exercise this right, you must send a written opt-out notice to the address in Section 26 within 30 days of the date you first accepted these Terms (or within any longer period required by applicable law). Your notice must include your full name, mailing address, email address associated with your use of the Services, and a clear statement that you do not wish to be bound by the binding arbitration provisions. TO BE EFFECTIVE, YOUR OPT-OUT NOTICE MUST BE TIMELY RECEIVED. You are responsible for ensuring Health Exchange Group receives your notice. If you opt out, Health Exchange Group will also not be bound by these arbitration provisions with respect to disputes with you.

Survival. The dispute resolution provisions in this Section survive the termination of these Terms or your use of the Services.

17. SMS / TEXT MESSAGE PROGRAM

Program Description. Health Exchange Group operates a recurring SMS/MMS alert program. By providing your mobile phone number and opting in, you consent to receive recurring automated text messages related to Medicare plan information, enrollment reminders, and related offers from Health Exchange Group and its Partners.

Message Frequency. Message frequency varies based on your activity and preferences.

Message and Data Rates. Standard message and data rates may apply. Contact your wireless carrier for details.

Opt-Out. Text STOP at any time to cancel. After texting STOP, you will receive a single confirmation message and no further messages will be sent unless you re-enroll.

Help. Text HELP for assistance, or contact us at [email protected].

Carrier Disclaimer. Carriers are not liable for delayed or undelivered messages. This program is compatible with AT&T, Verizon Wireless, T-Mobile®, Sprint, Boost Mobile, U.S. Cellular, MetroPCS®, Cellular One, and other major U.S. carriers.

Short Code Eligibility. By enrolling in the SMS program, you represent that: (a) you are 18 years of age or older; (b) you are the subscriber of the mobile number provided or are authorized by the subscriber to enroll; and (c) you agree to these Terms as they apply to SMS communications.

Privacy information for SMS communications is governed by our Privacy Policy.

18. ACCESSIBILITY

We are committed to making our Services accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG) 2.1. If you experience difficulty accessing any portion of our Services, please contact us and we will endeavor to provide you with alternative means of access.

19. PRIVACY AND DATA PRACTICES

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, share, and protect your personal information. By using the Services, you consent to the data practices described in our Privacy Policy.

We comply with applicable federal and state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) where applicable. California residents have specific rights regarding their personal information, including the right to know, delete, and opt out of the sale of personal information.

Cookies and Tracking. We use cookies, web beacons, pixel tags, and similar tracking technologies to operate and improve our Services, analyze usage, and deliver targeted advertising. You may manage cookie preferences through your browser settings or our cookie consent tool.

20. CHANGES TO THE SERVICES

We reserve the right to modify, update, suspend, or discontinue any aspect of the Services at any time without notice. We may also impose limits on certain features or restrict access to portions of the Services without liability.

21. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in law, our business practices, or our Services. The updated version will be indicated by an updated "Last Updated" date at the top of this page. Material changes will be communicated through reasonable means, such as a notice on the homepage or via email.

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

22. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law provisions. To the extent court proceedings are permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in Massachusetts for the resolution of any disputes.

23. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions.

24. WAIVER

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of Health Exchange Group to be effective.

25. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other legal notices or policies we publish on the Services, constitute the entire agreement between you and Health Exchange Group with respect to your use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

26. CONTACT INFORMATION

If you have questions, concerns, or complaints about these Terms, or wish to submit a DMCA notice, please contact us at:

Health Exchange Group

Email: [email protected]

Address: 6 Main Street Ext Unit 3853, Plymouth, MA 02361

For general Medicare questions, you may also contact: Medicare: 1-800-MEDICARE (1-800-633-4227) | Medicare.gov TTY users: 1-877-486-2048 | Available 24 hours a day, 7 days a week.

Health Exchange Group is not connected with or endorsed by any government agency. Medicare has neither reviewed nor endorsed this information.