Terms and Conditions

Terms of Use 

Updated April 25, 2024 

Introduction 

Welcome, and thank you for your interest in Morgan Fidelity Associates, Inc. (“Morgan Fidelity Medicare,” “we,” or  “us”) and our websites at morganfidelity.com, morganfidelity.com/agent, 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 Morgan Fidelity Medicare regarding your use of the Service. 

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “CREATE ACCOUNT” OR ANOTHER BUTTON ON  THE SITE TO SUBMIT YOUR INFORMATION TO US OR BY OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE  THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS,  INCLUDING THE MORGAN FIDELITY MEDICARE PRIVACY POLICY (TOGETHER, THE “TERMS”). If 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 not have our permission  to use the Service. 

These Terms provide that all disputes between you and Morgan Fidelity Medicare will be resolved by BINDING  ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this  contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL  ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section  21 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with  Morgan Fidelity Medicare.  

You also agree that Morgan Fidelity Medicare may (1) call and text you regarding Morgan Fidelity Medicare’s  services, and (2) monitor and record any telephone calls made or received by Morgan Fidelity Medicare for Morgan  Fidelity Medicare’s business purposes, including for quality assurance purposes. Please review Section 4 below  entitled “Electronic Communications; Text Messaging; Telephone Calls” for more details. 

1. Service Overview 

Morgan Fidelity Medicare provides a service where consumers and businesses can research and shop for various  insurance and related products. Morgan Fidelity Medicare is not an insurance company. It introduces users to  insurance and related products offered by third parties. DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU  RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR  NEW POLICY IS IN EFFECT. 

2. Eligibility 

You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us  that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service;  and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you  are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the  authority to bind that organization to these Terms and you agree to be bound by these Terms individually and on  behalf of that organization. 

3. Accounts and Registration 

You can browse products without registering, but in order to purchase any product you must register for an  account. When you register for an account, you may be required to provide us with some information about  yourself, such as your email address or other contact information. You agree that the information you provide to us  is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to 

provide a password. You are solely responsible for maintaining the confidentiality of your account and password,  and you accept responsibility for all activities that occur under your account. If you have reason to believe that your  account is no longer secure, then you must immediately notify us at [email protected].  

4. Electronic Communications 

Text Messaging; Telephone Calls. By providing Morgan Fidelity Medicare with a telephone number and other  contact information when registering for an account, you agree to receive communications, including via-email  and calls (including text messages and calls made using an autodialer or prerecorded voice message), from or on behalf of Morgan Fidelity Medicare (or its affiliates, subsidiaries, employees, contractors, agents, business  partners or other third parties permitted to receive your information under the Morgan Fidelity Medicare Privacy  Policy) at the email address or telephone number you provided, even if that number is on a National or State Do  Not Call List. These calls may be for information and marketing purposes, such as to provide you with information  about Morgan Fidelity Medicare’s services and your insurance options, for assistance with applications, and to  provide reminders of deadlines. You are not required to provide your consent to these calls as a condition of any  purchase on or through Morgan Fidelity Medicare, and you may revoke any consent for marketing messages, phone  calls or text messages as described below. Standard text messaging and telephone minute charges applied by your  cell phone carrier will apply. Morgan Fidelity Medicare may, without further notice or warning and in our discretion,  monitor and/or record telephone conversations for our business purposes, such as quality assurance and training  purposes and to protect our rights and the rights of others 

1. 1. 1. Assistance. Reply HELP to a text message to receive help information about our Service, or for any  other questions, contact an Morgan Fidelity Medicare customer representative at 1-888-399-9785.  
      2. Opt-Out. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY  FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF  TEXTS, YOU MAY REPLY STOP FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU  WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A WIRELESS NUMBER, THEN YOU MAY  MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU RECEIVE FROM US OR BY CALLING  BACK THE PHONE NUMBER PROVIDED DURING THE CALL. TO OPT OUT OF SUCH TEXTS OR  PHONE CALLS, YOU MAY ALSO EMAIL US AT [email protected] WITH A  REQUEST TO STOP RECEIVING SUCH TEXTS OR CALLS AT A SPECIFIED PHONE NUMBER. 

You understand and agree that you may: (i) continue to receive communications while Morgan Fidelity Medicare processes your opt-out request, (ii) receive a communication confirming the receipt of your opt-out request, and  (iii) after opting out of receiving marketing messages, continue to receive certain non-marketing communications  by email or to a non-wireless number, such as confirmations or updates related to your account, insurance  application or policy, or transactions through the Service. You may also manage your communication preferences  as set forth in Section 4.3 below. 

1. 3. Updating Information. You may correct or update your contact information, by contacting us  at [email protected] or by mail at Customer Service, morganfidelity.com, 1901 W  Cypress Creek Rd. Ste 503, Fort Lauderdale, FL 33309. Additionally, once you have created an  account with us online at www.morganfidelity.com or one of our other sites on the Service that  

allow account creation, you may update your name, email address, phone number (if part of your  account) and password by clicking on the “My Account” or “Log In” or similar link on this website  and signing in using your email address and password. 

5. Payment 

If you provide payment information for purchasing or applying for a product, then you will pay the applicable  company that provides such product.

6. User Content 
   1. 1. User Content and Limited License Grant to Morgan Fidelity Medicare and to Other  Users. Certain features of the Service may permit users to upload content to the Service (“User  Content”) and to publish User Content on the Service. You retain copyright and any other  proprietary rights that you may hold in the User Content that you post to the Service. By posting or  publishing User Content, you grant Morgan Fidelity Medicare a worldwide, non-exclusive, royalty free, fully paid right and license (with the right to sublicense) to host, store, transfer, display,  perform, reproduce, modify for the purpose of formatting for display, and distribute your User  Content, in whole or in part, in any media formats and through any media channels now known or  hereafter developed. 
      2. User Content Representations and Warranties. You are solely responsible for your User Content  and the consequences of posting or publishing User Content. By posting or publishing User  Content, you represent and warrant that: (a) you are the creator and owner of the User Content, or  have the necessary licenses, rights, consents, and permissions to authorize Morgan Fidelity  Medicare and users of the Service to use and distribute your User Content as necessary to exercise  the licenses granted by you in this section, in the manner contemplated by Morgan Fidelity  Medicare, the Service, and these Terms; and (b) your User Content, and the use of your User  Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or  

misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral  right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii)  slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other  person; or (iii) cause Morgan Fidelity Medicare to violate any law or regulation. 

1. 1. 3. User Content Disclaimer. We are under no obligation to edit or control User Content that you or  other users post or publish, and will not be in any way responsible or liable for User Content.  Morgan Fidelity Medicare may, however, at any time and without prior notice, screen, remove, edit,  or block any User Content that in our sole judgment violates these Terms or is otherwise  objectionable. You understand that when using the Service you will be exposed to User Content  from a variety of sources and acknowledge that User Content may be inaccurate, offensive,  indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy  you have or may have against Morgan Fidelity Medicare with respect to User Content. We expressly  disclaim any and all liability in connection with User Content. If notified by a user or content owner  that User Content allegedly does not conform to these Terms, we may investigate the allegation and  determine in our sole discretion whether to remove the User Content, which we reserve the right to  do at any time and without notice. For clarity, Morgan Fidelity Medicare does not permit copyright infringing activities on the Service. 

7. Digital Millennium Copyright Act 
   1. 1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act  applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual  property rights-related complaint about material posted on the Service, you may contact our  Designated Agent at the following address: 

Morgan Fidelity Associates, Inc.
ATTN: Legal Department (Copyright Notification)
1901 W Cypress Creek Rd. Ste 503
Fort Lauderdale, FL 33309
Email: [email protected]

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights  must include the following information: 

1. 1. 1. 1. an electronic or physical signature of the person authorized to act on behalf of the owner of  the copyright or other right being infringed; 
         2. a description of the copyright-protected work or other intellectual property right that you  claim has been infringed; 
         3. a description of the material that you claim is infringing and where it is located on the  Service; 
         4. your address, telephone number, and email address; 
         5. a statement by you that you have a good faith belief that the use of those materials on the  Service is not authorized by the copyright owner, its agent, or the law; 
         6. a statement by you that the above information in your notice is accurate and that, under  penalty of perjury, you are the copyright or intellectual property owner or authorized to act  on the copyright or intellectual property owner’s behalf. 
         7. Repeat Infringers. Morgan Fidelity Medicare will promptly terminate without notice the accounts  of users that are determined by Morgan Fidelity Medicare to be “Repeat Infringers.” A Repeat  Infringer is a user who has been notified of infringing activity or has had User Content removed from  the Service at least twice. 

8. Prohibited Conduct 

BY USING THE SERVICE YOU AGREE NOT TO: 

1. 1. 1. 1. use the Service for any illegal purpose or in violation of any local, state, national, or international  law; 
         2. violate, or encourage others to violate, any right of a third party, including by infringing or  misappropriating any third party intellectual property right; 
         3. post, upload, or distribute any content (including by chatting with customer service) that is  unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be  objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or  otherwise inappropriate; 
         4. interfere with security-related features of the Service, including by: (a) disabling or circumventing  features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise  attempting to discover the source code of any portion of the Service except to the extent that the  activity is expressly permitted by applicable law; 
         5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a)  uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;  (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to  collect personal information about another user or third party without consent; or (d) interfering  with or disrupting any network, equipment, or server connected to or used to provide the Service, or  violating any regulation, policy, or procedure of any such network, equipment, or server; 
         6. perform any fraudulent activity including impersonating any person or entity, claiming a false  affiliation, accessing any other Service account without permission, or falsifying your age or date of  birth;
         7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in  Section 13) or any right or ability to view, access, or use any Material; 
         8. use data mining, robots, or other data gathering devices on or through the Service; 
         9. attempt to do any of the acts described in this Section 8, or assist or permit any person in engaging  in any of the acts described in this Section 8 

9. Third-Party Services and Linked Websites 

Morgan Fidelity Medicare may provide tools through the Service that enable you to export information to third party  services. By using one of these tools, you agree that we may transfer that information to the applicable third-party  service. Third party services are not under our control, and we are not responsible for any third party service’s use  of your exported information. The Service may also contain links to third-party websites. Linked websites are not  under our control, and you agree we are not responsible for their content. 

10. Termination of Use; Discontinuation and Modification of the Service 

You may terminate your account at any time by contacting customer service, including by  emailing [email protected]. If you violate any provision of these Terms, your permission from us to use  the Service will terminate automatically. In addition, Morgan Fidelity Medicare may in its sole discretion terminate  your user account on the Service or suspend or terminate your access to the Service at any time for any reason or  no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time  (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice  to you. You agree we will have no liability whatsoever on account of any change to the Service or any suspension or  termination of your access to or use of the Service. 

11. Privacy Policy; Additional Terms 
    1. Privacy Policy. Please read the Morgan Fidelity Medicare Privacy Policy carefully for information  relating to our collection, use, storage and disclosure of your personal information. The Morgan  Fidelity Medicare Privacy Policy is incorporated by this reference into, and made a part of, these  Terms. 
    2. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or  guidelines applicable to the Service or certain features of the Service that we may post on or link to  from the Service (the “Additional Terms”), such as end-user license agreements for any  downloadable software applications, or rules that are applicable to a particular feature or content  on the Service, subject to Section 12. All Additional Terms are incorporated by this reference into,  and made a part of, these Terms. 
12. Modification of these Terms 

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check  these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you  may be required to indicate your assent to the modified Terms. Notwithstanding the foregoing, any use of the  Service after the Terms are modified constitutes your acceptance of the modified Terms. Disputes arising under  these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the  dispute arose. 

13. Ownership; Proprietary Rights 

The Service is owned and operated by Morgan Fidelity Medicare. The visual interfaces, graphics, design,  compilation, information, data, computer code (including source code or object code), products, software,  services, and all other elements of the Service (“Materials”) provided by Morgan Fidelity Medicare are protected by 

intellectual property and other laws. All Materials included in the Service are the property of Morgan Fidelity  Medicare or our third-party licensors. Except as expressly authorized by Morgan Fidelity Medicare, you may not  make use of the Materials. Morgan Fidelity Medicare reserves all rights to the Materials not granted expressly in  these Terms. 

14. Feedback 

If you choose to provide input and suggestions regarding problems with or proposed modifications or  improvements to the Service (“Feedback”), then you hereby grant Morgan Fidelity Medicare an unrestricted,  perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for  any purpose, including to improve the Service and create other products and services. 

15. Indemnity 

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and  indemnify Morgan Fidelity Medicare and its officers, directors, employees, consultants, affiliates, subsidiaries,  agents, business partners and other third parties permitted to receive your information under Morgan Fidelity  Medicare Privacy Policy (together, the “Morgan Fidelity Medicare Entities”) from and against every claim, liability,  damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected  with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any  representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your  violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property,  or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own  expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you  (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to  cooperate with our defense of that claim. 

16. Disclaimers; No Warranties 

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS”  AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR  IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MORGAN FIDELITY MEDICARE ENTITIES DISCLAIM  

ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL  MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;  AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT  PERMITTED BY LAW, THE MORGAN FIDELITY MEDICARE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY  PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE  UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT  WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY  MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF  THE MORGAN FIDELITY MEDICARE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM  YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY  MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE  THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE  SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND, TO THE  FULLEST EXTENT PERMITTED BY LAW, THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR  PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE 

SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE  OF THAT MATERIAL OR CONTENT. 

17. Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MORGAN FIDELITY MEDICARE ENTITIES BE  LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES  (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF  OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY  MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING  NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MORGAN FIDELITY  MEDICARE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS PROVIDED IN SECTION 21.4(iii), THE AGGREGATE  POTENTIAL LIABILITY OF THE MORGAN FIDELITY MEDICARE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF  OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER  THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF  WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE  PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN  BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER  PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY  FAILS OF ITS ESSENTIAL PURPOSE. 

18. No Advice 

The Materials are for informational purposes only. No Material is intended to be a substitute for professional  medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider  with any questions you may have regarding a medical condition. Never disregard professional medical advice or  delay in seeking it because of something you have read on the Service. If you think you may have a medical  emergency, call your doctor or 911 immediately. Morgan Fidelity Medicare does not recommend or endorse any  specific tests, physicians, products, procedures, opinions, insurance coverage or other information that may be  mentioned on the Service. Reliance on any information provided by Morgan Fidelity Medicare, Morgan Fidelity  Medicare employees, or other visitors to the Service is solely at your own risk. 

19. Governing Law 

These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a  lawsuit or court proceeding is permitted under these Terms, then you and Morgan Fidelity Medicare agree to  submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara  County, California for the purpose of litigating any dispute. We operate the Service from our offices in California,  and we make no representation that Materials included in the Service are appropriate or available for use in other  locations. 

20. General 

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into  these Terms, are the entire and exclusive understanding and agreement between you and Morgan Fidelity Medicare regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a  written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer  these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior  written consent. We may assign these Terms at any time without notice or consent. The failure to require  performance of any provision will not affect our right to require performance at any other time after that, nor will a 

waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any  subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for  convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is  held to be invalid or unenforceable, the unenforceable part will be given effect to the fullest extent permitted by  law, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, 4,  and 6 through 22, along with the Privacy Policy and any other accompanying agreements, will survive. 

21. Dispute Resolution and Arbitration 
    1. 1. 1. Generally. In the interest of resolving disputes between you and Morgan Fidelity Medicare in the  most expedient and cost effective manner, you and Morgan Fidelity Medicare agree that any dispute  arising out of or in any way related to these Terms or your use of the Service will be resolved by  binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral  arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be  subject to very limited review by courts. Arbitrators can award the same damages and relief that a  court can award. This agreement to arbitrate disputes includes all claims arising out of or in any  way related to these Terms or your use of the Service, whether based in contract, tort, statute,  fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during  or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO  THESE TERMS, YOU AND MORGAN FIDELITY MEDICARE ARE EACH WAIVING THE RIGHT TO A TRIAL  BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 
          2. Exceptions. Despite the provisions of Section 21.1 above, nothing in these Terms will be deemed  to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in  small claims court; (b) pursue an enforcement action through the applicable federal, state, or local  agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a  court of law to address an intellectual property infringement claim (including any claim based on  the unauthorized use of the Service). 
          3. Arbitrator. Any arbitration between you and Morgan Fidelity Medicare will be governed by the  Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the  Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the  American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by  the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1- 800-778-7879, or by contacting Morgan Fidelity Medicare. The arbitrator has exclusive authority to  resolve any dispute relating to the interpretation, applicability, or enforceability of this binding  arbitration agreement. 
          4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the  dispute to the other party by U.S. Mail or electronic mail (“Notice”). Morgan Fidelity Medicare’s  address for Notice is: 1901 W Cypress Creek Rd. Ste 503, Fort Lauderdale, FL 33309 or [email protected]. The Notice must: (a) describe the nature and basis of the claim or  dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith  efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30  days after the Notice is received, you or Morgan Fidelity Medicare may commence an arbitration  proceeding. During the arbitration, the amount of any settlement offer made by you or Morgan  Fidelity Medicare must not be disclosed to the arbitrator until after the arbitrator makes a final  decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Morgan  Fidelity Medicare will pay you the highest of the following: (i) the amount awarded by the arbitrator,  if any; (ii) the last written settlement amount offered by Morgan Fidelity Medicare in settlement of  the dispute prior to the arbitrator’s award; or (iii) $1,000.

1. 1. 1. 5. Fees. If you commence arbitration in accordance with these Terms, Morgan Fidelity Medicare will  reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set  forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration  hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the  claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on  the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone  hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of  your billing address. If the arbitrator finds that either the substance of your claim or the relief sought  in the Demand is frivolous or brought for an improper purpose (as measured by the standards set  forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the  AAA Rules. In that case, you agree to reimburse Morgan Fidelity Medicare for all monies previously  disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the  manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision  sufficient to explain the essential findings and conclusions on which the decision and award, if any,  are based. The arbitrator may make rulings and resolve disputes as to the payment and  reimbursement of fees or expenses at any time during the proceeding and upon request from either  party made within 14 days of the arbitrator’s ruling on the merits. 
         6. No Class Actions. YOU AND MORGAN FIDELITY MEDICARE AGREE THAT EACH MAY BRING  CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A  PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and Morgan Fidelity Medicare agree otherwise, the arbitrator may not  consolidate more than one person’s claims, and may not otherwise preside over any form of a  representative or class proceeding. 
         7. Modifications to this Arbitration Provision. If Morgan Fidelity Medicare makes any future change  to this arbitration provision, other than a change to Morgan Fidelity Medicare’s address for Notice,  you may reject the change by sending us written notice within 30 days of the change to Morgan  Fidelity Medicare’s address for Notice, in which case this arbitration provision, as in effect  immediately prior to the changes you rejected, will continue to govern any disputes between you  and Morgan Fidelity Medicare.  
         8. Enforceability. If Section 21.6 is found to be unenforceable or if the entirety of this Section 21 is  found to be unenforceable, then the entirety of this Section 21 will be null and void and, in that  case, the parties agree that the exclusive jurisdiction and venue described in Section 19 will govern  any action arising out of or related to these Terms or your use of the Service. 
         9. Opt Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject  to this Dispute Resolution and Arbitration provision, you may opt out of this Dispute Resolution and  Arbitration provision by notifying Morgan Fidelity Medicare in writing of your decision, either by  sending, within thirty (30) days of the date you accept these Terms, (1) an electronic message  to [email protected], stating clearly your name and intent to opt out of the Dispute  Resolution and Arbitration provision or (2) a letter sent by overnight mail by any nationally  recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to: Legal  Department, 1901 W Cypress Creek Rd. Ste 503, Fort Lauderdale, FL 33309. In order to be effective,  the letter under option (2) must clearly indicate your intent to opt out of this Dispute Resolution and  Arbitration provision, and must be dated and signed. If emailed or hand delivered, the signed letter  must be received within thirty (30) days of your acceptance of these Terms. If sent by overnight  delivery service, the letter must be submitted for delivery to the delivery service within thirty (30)  days from the date you accept these Terms. Should you choose not to opt out of this Dispute  Resolution and Arbitration provision within the 30-day period, you and Morgan Fidelity Medicare will be bound by the terms of this Dispute Resolution and Arbitration provision. You have the right to  consult with counsel of your choice concerning this Dispute Resolution and Arbitration provision.  You understand that you will not be subject to retaliation if you exercise your right to opt out of  coverage under this Dispute Resolution and Arbitration provision.

22. Consent to Communications 

By using the Service, and subject to Section 4, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. 

23. Contact Information 

The Service is offered by Morgan Fidelity Associates, Inc., located at 1901 W Cypress Creek Rd. Ste 503, Fort  Lauderdale, FL 33309. You may contact us by sending correspondence to that address or by emailing us at [email protected].  

This website and its contents are for informational purposes only. Nothing on the website should ever be used as a substitute for professional medical advice. You should always consult with your medical provider regarding diagnosis or treatment for a health condition, including decisions about the correct medication for your condition,  as well as prior to undertaking any specific exercise or dietary routine. 

Morgan Fidelity Medicare’s Medicare website is operated by Morgan Fidelity Associates, Inc., a licensed health insurance agency doing business as Morgan Fidelity Medicare. The purpose of this site is the solicitation of insurance. Contact may be made by an insurance agent/producer or insurance company.  Morgan Fidelity Medicare and Medicare supplement insurance plans are not connected with or endorsed by the  U.S. government or the federal Medicare program. We offer plans from a number of insurance companies.