Terms of Service

1. Terms

By accessing the website a TotalMedicareAdvantage.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on TotalMedicareAdvantage’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    3. attempt to decompile or reverse engineer any software contained on TotalMedicareAdvantage’ website;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or “mirror” the materials on any other server.

  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by TotalMedicareAdvantage at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on TotalMedicareAdvantage’ website are provided on an ‘as is’ basis. TotalMedicareAdvantage makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

  2. Further, TotalMedicareAdvantage does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall TotalMedicareAdvantage or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on TotalMedicareAdvantage’ website, even if TotalMedicareAdvantage or a TotalMedicareAdvantage authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on TotalMedicareAdvantage’ website could include technical, typographical, or photographic errors. TotalMedicareAdvantage does not warrant that any of the materials on its website are accurate, complete or current. TotalMedicareAdvantage may make changes to the materials contained on its website at any time without notice. However TotalMedicareAdvantage does not make any commitment to update the materials.

6. Links

TotalMedicareAdvantage has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TotalMedicareAdvantage of the site. Use of any such linked website is at the user’s own risk.

7. User Interaction and Session Recording

By using our website, you expressly acknowledge and agree that we may collect and record your interactions with the website and/or your session on the website for the purposes of ensuring compliance with applicable laws, regulations, and policies, as well as optimizing and improving the overall user experience on our website. This section outlines the types of information we may collect, how we may use the information, and your rights with respect to such data collection.

Types of Information Collected

We may collect various types of information related to your interactions with the website and/or your session on the website, including, but not limited to:

  1. Mouse clicks, mouse movements, and scrolling activity;

  2. Keystroke information (excluding sensitive information such as passwords, credit card numbers, or personal identification information);

  3. Device information, such as the type of device used, operating system, and browser type;

  4. Usage data, such as the time spent on the website, the pages visited, and the order in which pages are accessed;

  5. IP address, location data, and other related information.

  6. Use of Collected Information

  7. The information collected through user interaction and session recording is primarily used to:

  8. Ensure compliance with applicable laws, regulations, and policies;

  9. Monitor and analyze user behavior to identify trends, patterns, and areas of improvement;

  10. Optimize the website's design, layout, and content to enhance the overall user experience;

  11. Troubleshoot and resolve technical issues that may arise;

  12. Prevent and detect fraudulent activity, security breaches, and other unauthorized activities.

Third-Party Service Providers

We may engage third-party service providers to assist in the collection, analysis, and storage of the user interaction and session recording data. These third-party service providers are required to adhere to strict data protection and confidentiality standards and are prohibited from using the information for any purpose other than providing the contracted services.

Please note that the collection of user interaction and session recording data is essential for the proper functioning of our website and the provision of our services. If you do not agree to the terms outlined in this section, please discontinue the use of our website immediately.

8. Mobile Messaging Terms & Conditions

TotalMedicareAdvantage (“We,” “Us,” “Our”, “TMA”) is offering a mobile messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Us in order to opt out of the Program.

User Opt In: Our text messaging service supports the following carriers: AT&T, Boost, MetroPCS®, Sprint, T-Mobile®, US Cellular®, Verizon Wireless, Virgin Mobile and others. T-Mobile® is not liable for delayed or undelivered messages.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Us.

Contact Information: For support email us at [email protected].

MMS Disclosure: The Program will send SMS MTs if your mobile device does not support MMS messaging.

9. Modifications

TotalMedicareAdvantage may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

10. Arbitration Agreement

You and TotalMedicareAdvantage agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and TotalMedicareAdvantage relating to the Site or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TotalMedicareAdvantage will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and TotalMedicareAdvantage also have the right to bring qualifying claims in small claims court. In addition, you and TotalMedicareAdvantage retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided herein.

Neither you nor TotalMedicareAdvantage may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or TotalMedicareAdvantage’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This Section 9 will survive the termination of your relationship with TotalMedicareAdvantage.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TotalMedicareAdvantage WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the state of Deleware, U.S.A. and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.