Medicare Sales Agents - Terms of Service

These Terms of Service (the "Terms") are a binding agreement between Mizwicki Interactive, LLC, a Hawaii limited liability company doing business as Medicare Sales Agents (the "Platform," "we," "us"), and you, the licensed insurance agent who creates an account or purchases a listing (the "Agent," "you"). By creating an account, claiming a profile, or subscribing, you accept these Terms. 1. What the Platform Is The Platform operates a national directory of licensed Medicare insurance agents at medicaresalesagents.com and distributes directory content through an API to approved third-party websites connected to the Platform. The Platform is a marketing and directory service. The Platform is not an insurance agency or carrier, does not sell or solicit insurance, does not give insurance advice, and is not a party to any relationship between you and any consumer, agency, or carrier. 2. Eligibility and NPN Verification 2.1 You must be a licensed insurance agent holding a valid National Producer Number (NPN) to list on the Platform. By registering, you attest that you are the licensed agent identified by the NPN you provide. 2.2 We may verify your NPN and license status against public licensing records at registration and periodically afterward, and may suspend or remove listings that fail verification. 3. Your Account and Your Consents 3.1 You are responsible for your account credentials and for all activity under your account. 3.2 At registration you give the following authorizations, which these Terms incorporate: (a) publication of your profile on the public directory, where it is searchable and indexed by search engines; (b) distribution of your profile via the Platform API to approved third-party websites connected to the Platform (for example, an agency's WordPress site); (c) the NPN attestation in Section 2.1; (d) if you join through an agency, that agency's management of your listing within their site as described in Section 9; (e) your responsibility for profile accuracy under Section 3.3; and (f) payment processing by our payment processor (Stripe). 3.3 You are responsible for the accuracy of your profile information and for keeping it current. Consumers rely on directory information; materially inaccurate or outdated professional information is grounds for suspension under Section 10. 4. Acceptable Use You agree not to: (a) provide false, misleading, or deceptive information in your profile, including credentials, licensure, carrier appointments, or service claims; (b) impersonate another person or list under an NPN that is not yours; (c) use the Platform to violate any law or regulation applicable to the marketing of Medicare products, including CMS marketing guidelines applicable to your own activities; (d) scrape, harvest, or bulk-extract Platform data, or access the API other than through authorized keys; (e) interfere with the operation or security of the Platform; (f) upload content that is unlawful, infringing, defamatory, or malicious; or (g) resell or transfer your listing or account without our written consent. 5. Content Ownership 5.1 You own your content. Profile text, photos, and other materials you submit remain yours. You grant the Platform a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute that content on the directory and, through the API, to the connected websites described in Section 3.2(b), for the purpose of operating and promoting the directory, for as long as your listing exists plus a wind-down period not exceeding the post-closure deletion window stated in the Privacy Policy. 5.2 We own the Platform. The Platform's software, design, directory compilation, brand, and infrastructure are owned by the Platform. Your listing is a license to appear in the directory, not a property interest in it. 6. Subscriptions, Billing, and the 30-Day Guarantee 6.1 Billing. Paid listings are billed in advance on the schedule and at the price shown at checkout. Prices are set by the Platform or, for agency-affiliated agents, by your agency within Platform rules. Payment is processed by Stripe; we do not store card numbers. Applicable sales tax or similar transaction tax is calculated at checkout, collected from you, and remitted to the taxing authority; tax is charged in addition to the listed price. 6.2 Renewal. Subscriptions renew automatically at the end of each billing period unless cancelled. We will send a renewal reminder to your account email at least 7 days before each renewal charge, stating the renewal price and how to cancel, and a receipt after each charge. 6.3 Price changes. Price changes are prospective only: a change never applies before your next renewal, and we or your agency will give you advance notice of a price increase before the renewal on which it takes effect. 6.4 30-day money-back guarantee. Every paid plan comes with a 30-day money-back guarantee: email support@medicaresalesagents.com within 30 days of your first charge for a full refund. Day 30, counted from the date of your first charge, is included. If you hold more than one subscription, the guarantee applies separately to each subscription, measured from the first charge for that subscription. Refunds under the guarantee are issued in full to the original payment method. 6.5 Cancellation. You may cancel at any time from your billing dashboard. Cancellation and refund are independent: cancelling does not by itself request a refund, and requesting a guarantee refund does not require cancelling. Outside the 30-day guarantee window, cancellation stops future renewals and payments already made are not refunded except as provided in Sections 10.4 and 12; your listing stays live through the period you paid for. 6.6 Chargebacks. You agree to contact us at support@medicaresalesagents.com to resolve any billing issue before initiating a card dispute. Filing a chargeback without first giving us a reasonable opportunity to resolve the issue, or filing a chargeback on a charge we have already refunded, is a violation of these Terms and grounds for suspension. Nothing in this Section limits any right you have under applicable law or your card agreement to dispute a charge. 7. Free and Unpaid Listings Where the Platform offers a free listing tier, these Terms apply to it except the billing provisions of Section 6. We may change the features included in any tier per Section 12. 8. Privacy and Your Data Rights 8.1 Our Privacy Policy at medicaresalesagents.com/privacy describes what we collect and how it is used, and is part of these Terms. 8.2 Your profile is professional directory data, published at your direction. You may edit it at any time, and you may request export or deletion of your personal information as described in the Privacy Policy. California residents have the rights provided by the CCPA. Deletion requests are honored subject to narrow retention exceptions for legal defense and tax records; data derived from public licensing records (such as license status associated with an NPN) may persist in public sources we do not control. 9. Agency Association If you join through an agency invite or accept an agency association, that agency can view your profile and manage aspects of your listing within their site, including how your listing appears on the agency's connected properties and, where the agency sets pricing, your subscription price per Section 6. Your relationship with your agency (commissions, contracts, appointments) is between you and the agency; the Platform is not a party to it. You may end an agency association per the process in your dashboard; ending it does not by itself cancel a subscription. 10. Suspension and Termination 10.1 We may suspend or remove your listing, or terminate your account, if: (a) you materially violate these Terms, including Section 4; (b) your license or NPN fails verification; (c) your payment for a paid listing fails and is not cured; (d) we reasonably suspect fraud or abuse; or (e) required by law or a card-network or processor rule. 10.2 Where practical for a curable violation, we will notify you and allow a reasonable cure period before termination. Suspensions for suspected fraud, failed licensure, or legal requirement may be immediate. 10.3 You may close your account at any time. Sections 5.1 (license wind-down), 6.6, 8, 11, 13, 14, and 15 survive termination. 10.4 If we suspend or terminate your paid listing other than for your material violation of these Terms, we will refund the pro-rata unused portion of your current paid period. If we terminate for your material violation, fees already paid are not refunded. 11. Disclaimers THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DIRECTORY WILL PRODUCE ANY VOLUME OF CONSUMER CONTACTS, LEADS, OR SALES, THAT SEARCH ENGINES WILL INDEX OR RANK YOUR PROFILE, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. 12. Changes to the Platform and to These Terms We may change Platform features, tiers, and policies. We may update these Terms by publishing a new version with a new version number and effective date at medicaresalesagents.com/terms and notifying you at your account email. Material changes take effect at your first renewal occurring at least 30 days after we notify you (or, for accounts with no active paid subscription, 30 days after notice), except changes required by law, regulation, or a card-network or processor rule, which may take effect on 30 days' notice; if such a required change materially reduces what you paid for, you may cancel and request a pro-rata refund of the unused period. Non-material changes take effect on publication. Changes to the Privacy Policy are governed by its Section 11, which controls over this Section as to personal-information practices. Continued use after a change takes effect is acceptance. 13. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID THE PLATFORM IN THE 12 MONTHS PRECEDING THE CLAIM. THE PLATFORM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY. THESE LIMITS APPLY REGARDLESS OF LEGAL THEORY AND SURVIVE FAILURE OF ESSENTIAL PURPOSE. 14. Indemnification You will defend and indemnify the Platform against third-party claims arising from: (a) your profile content; (b) your violation of these Terms or of law, including insurance marketing regulations applicable to your activities; or (c) your dealings with consumers, agencies, or carriers - except, in each case, to the extent a claim results from the Platform's own conduct or its breach of these Terms. 15. Governing Law and Disputes These Terms are governed by the laws of the State of Hawaii. Any dispute will first be addressed through good-faith direct negotiation. If unresolved within 30 days, the parties will attempt mediation in Hawaii through the Mediation Center of the Pacific or a comparable service before litigation; the mediator's fees are split equally between the parties, and both parties consent to the jurisdiction of the state and federal courts located in Hawaii. Notwithstanding the foregoing, either party may bring an individual claim that qualifies for small-claims court in the small-claims court of the county where you live or work (or of Honolulu, Hawaii), and the mediation requirement does not apply to such claims. This mediation-first clause also does not apply to intellectual-property or confidentiality claims, which may proceed directly to court. 16. General These Terms, the Privacy Policy, and any agency-specific terms you accept are the entire agreement between you and the Platform regarding the directory. If a provision is unenforceable, the remainder stands. We may assign these Terms in connection with a sale or reorganization of the Platform; you may not assign them without our consent. Notices to you go to your account email; notices to us go to support@medicaresalesagents.com. Mizwicki Interactive, LLC dba Medicare Sales Agents