Terms of Use

Healthpilot provides a web-based platform that allows users to shop for and submit applications for enrollment in health insurance policies issued by third party insurers. These Terms of Use (“Terms of Use”) govern your use of the https://www.healthpilot.com website (the “Website”) and the products and services provided by Healthpilot (the “Services”).

For purposes of the Terms of Use, the terms “Healthpilot”, “we,” “us,” and “our” refer to Healthpilot Technologies LLC, and all of its affiliates, and “you” or “your” refers to you, as a user of this Website or the Services.

1. Your Consent

By using the Website, you consent to the Terms of Use and our Privacy Policy. Please review the entire Terms of Use as well as our Privacy Policy. If you do not consent to our Terms of Use or Privacy Policy, you can choose not to use the Website and our Services.

Certain features of our Services may have terms in addition to those set forth in these Terms of Use or our Privacy Policy. Your use of such Services is also subject to any such terms.

2. Copyright Restrictions/Use of Content

The works of authorship contained in this Website, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Healthpilot. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner’s proprietary rights. You may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

3. Trademarks

The term “Healthpilot” is a trademark, and the “Healthpilot” logo and all related product and service names, designs, and slogans are the trademarks or service marks of Healthpilot Technologies LLC. All other product and service marks on this site are the trademarks of their respective owners.

4. Use of Website

You must be 18 years of age or older to use our Website and Services. By using our Website or Services, you represent that you are at least 18 years old.

You agree to use the Website and Services only for lawful purposes. Unless specifically stated otherwise, all information and material on the Website are made available only for the purpose of providing information.

Specifically, you agree not to do any of the following:

1. upload to or transmit on the Website any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
2. use the Website or Services to violate the legal rights (including the rights of publicity and privacy) of others, including submitting any information pertaining to a third party without that party’s understanding and express written consent;
3. intercept or attempt to intercept electronic mail not intended for you;
4. misrepresent an affiliation with any person or organization or impersonate any other person or entity;
5. restrict or inhibit other user’s use of the Website or the Services;
6. upload or otherwise transmit files that contain a virus or otherwise corrupted data; or
7. download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website).

You understand and acknowledge that you are responsible for whatever content you submit on our Website, and you, not Healthpilot, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to use it, including by posting it to the Website. You grant to Healthpilot the right to use all such content you upload or otherwise transmit to the Website to the extent permitted under applicable law.

5. Creating an Account

You may be required to create an account on our Website to use certain of our Services, including submitting an application for enrollment in an insurance product. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You also agree that information you provide to use is complete and accurate and that you will keep it up-to-date.

6. Health Advice

We are not providing health advice on our Website or through our Services. If you have health related questions, we encourage you to contact your physician or other medical provider. Through our Services, we do try to match you with a health insurance policy that we believe works well for you. However, we cannot guarantee that our Services will match you with the best policy for your circumstances (which circumstances may change from time to time), and we do not endorse or recommend the policies, products or services of any insurer or third party.

7. Product Limitations

The health insurance policies we present are not available in all states. Information we present about these health insurance policies, including pricing, features and availability, is based upon information from third parties and may be outdated, incorrect or changed without notice from time to time. To become covered under a health insurance policy, you are required to submit an enrollment application through our Website and your application must be accepted and approved by the applicable insurer. We have no control over an insurer’s decision to approve or deny your application, the final pricing or scope of your policy and the conditions to coverage the insurer may require. Therefore, we are unable to promise you that you’ll be covered if you enroll for insurance through our Website.

8. Content

Some of our other websites or pages within this Website contain supplemental terms and conditions and additional disclosures and disclaimers, which are in addition to these terms and conditions, disclosures and disclaimers. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.

WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THIS WEBSITE. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of this Website, and we have no control over the content on such unaffiliated websites. If you choose to link to a website we do not control, we make no warranties, either express or implied, concerning your use of or inability to use such site, the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation. In addition, these third party websites may have a privacy policy or security practices different from this Website so it is important to read the policies of those sites before sharing your personal information.

9. Potential Disruption of Service

You shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed to access and use this Website and our Services. Access to this Website or our Services may from time to time be unavailable, delayed, limited or slowed, including due to hardware or software failure, overload of system capacity, interruption of power supplies or other utility of service, governmental or regulatory restrictions or other matters outside our control.
If access to this Website or our Services is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, you may be unable to transmit or retrieve information on a timely basis. Healthpilot will not be liable for any loss arising from such issues.

10. Disclaimer and Limitation of Liability

THE WEBSITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER HEALTHPILOT NOR ANY PERSON ASSOCIATED WITH HEALTHPILOT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE HEALTHPILOT SITE. WITHOUT LIMITING THE FOREGOING, HEALTHPILOT DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED; THAT THE HEALTHPILOT SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HEALTHPILOT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT WILL HEALTHPILOT OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE HEALTHPILOT SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE HEALTHPILOT WEBSITE OR THE CONTENT TRANSMITTED ON THE HEALTHPILOT WEBSITE, WHETHER OR NOT THERE IS NEGLIGENCE BY HEALTHPILOT AND WHETHER OR NOT HEALTHPILOT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES.

11. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, brokers) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Use, your improper use of our Website or Services or your breach of any law or the rights of a third party.

12. Dispute Resolution – Binding Arbitration

We each agree that any dispute or claim relating to our Website or any Services will be resolved by binding arbitration, rather than in court.

The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between you and us. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

Except as the Terms of Use otherwise provide, you and Healthpilot acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Healthpilot may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.

Prior to initiating any arbitration, the initiating party will give the other party at least 30-days' advance written notice of its intent to file for arbitration. You must provide such notice by email to [email protected]. During such 30-day notice period, the parties will endeavor to settle amicably by mutual discussions any potential disputes that would be brought in the arbitration. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.

The Federal Arbitration Act and federal arbitration law apply to these dispute resolution procedures, and any arbitration proceedings will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. To the extent that there is a conflict between these arbitration procedures and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.

If you are a new user of our Website, you can choose to reject the agreement to arbitrate in this Section 12 by mailing us a written opt-out notice to the address set forth in Section 20 below. The opt-out notice must be postmarked no later than 30 days after you start using our Website.

To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this Section 12, or where the application of such a provision would change or render unenforceable any part of this Section 12, such provision shall be null and void and the terms of this arbitration agreement shall control.

13. Consent to Electronic Communications

When using our Website or Services or sending us communications to us from your computer or mobile device, including emails, text messages and other communications, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices or notices and messages on this Website or through other means. You agree that all communications, including any agreements, notices, disclosures and other documentation, that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website and Services are available only through the Internet, so you consent to conduct business electronically. Your consent to doing business electronically applies not just to Healthpilot, but also to Healthpilot’s agents and affiliates.

You further agree that we may accept an electronic signature from you, and that this electronic signature will have the same effect as a physical wet signature and will appear on all records related to any Services. Your consent also applies to all communications and information that we receive from you. Your consent is voluntary and, if you consent, you still have the right to receive a paper copy of any communication, at no cost, by contacting us.

You agree that you have the ability to access, view, store, download and print communications, documents, consents, and hyperlinks we deliver or make available to you electronically through your computer or on your mobile device. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may withdraw your consent to receive communications electronically and to use an electronic signature at any time by contacting us. If you withdraw your consent, you will be unable to apply for Services through the Website, and we will be unable to continue to process any pending applications for Services, including insurance products.

14. Additional Terms Regarding Texts and Emails

By providing Healthpilot with a telephone number, email or other contact information when interacting with our Website, you agree to receive emails at the email address you provided and/or autodialed or prerecorded informational and marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Healthpilot’s messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply to text messages. Text “HELP” for questions about our Services or opting out of receiving marketing text messages.

Opting Out.

• Text Messages: If you do not wish to continue receiving text messages, you agree to reply STOP to any mobile message from Healthpilot in order to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out of text messages. You also understand and agree that any other method of opting out, including texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
• Emails: If you desire to opt out of email marketing messages, click the unsubscribe link in a marketing message email and follow any applicable instructions to confirm your opt out. We will need a reasonable amount of time to process your opt-out request, so you may receive marketing communications from us for a brief period after your opt out. After opting out of receiving marketing emails, we may continue to send you non-marketing email communications, including, for example, information about your insurance enrollment application.

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messages, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms of Use. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Services.

15. Third Party Service Providers and Partners

We may rely upon third parties to deliver our Services to you, including for the purpose of delivering your insurance enrollment application or sharing information with us about prescription drugs you are taking, the physicians you use and your medical claims. You allow us to deliver your information to such third parties and receive information about you from such third parties in order to provide our Services. While we carefully select third parties with whom we do business, they are not under our control and we are not responsible for their improper acts or mistakes.

We also partner with third parties, including financial advisors, that refer individuals to our Services. We may share information about you, including your insurance status and savings as well as your birth date and zip code, with third parties that refer you to our Services.

16 Digital Millennium Copyright Act (DMCA) Notices

Healthpilot responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify use using our contact information in Section 20 and we will investigate.

17. Feedback and Suggestions

You may choose to, or we may invite you to, submit comments, bug reports, review, testimonials, ideas or other feedback about the Website and our Services (“Feedback”). By submitting Feedback, you agree that Healthpilot is free to use such Feedback at its discretion without any obligation to you. Healthpilot may also choose to disclose Feedback to third parties. You hereby grant Healthpilot a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

18. Miscellaneous

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflicts of law principles.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

Healthpilot's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Healthpilot nor any trade practices shall be deemed to modify these Terms of Use.

19. Modifications to Terms of Use

We may change the Terms of Use from time to time. When we do, we will let you know by appropriate means such as by posting the revised text on this page with a new “Last Updated” date. All changes will become effective when posted unless indicated otherwise. We encourage you to regularly check this page to review any changes we might make.

20. Contact

If you have any comments, questions or concerns about these Terms of Use, please contact us by email, phone or mail at any of the following:

Healthpilot Technologies LLC
414 Union Street
Suite 1900
Nashville, TN 37219
Phone: (888) 860-4766
Email: [email protected]