Terms & Conditions

Agreement to Terms

Welcome to SmartChoiceHealth. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our website at smartchoicehealth.org, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, you must not use our website or services.

Our Services

SmartChoiceHealth provides the following services:

• Health insurance plan comparison and recommendations
• Assistance with ACA marketplace enrollment
• Subsidy and tax credit eligibility assessment
• Customer support and guidance throughout the enrollment process
• Educational resources about health insurance and the ACA

Our services are provided free of charge to consumers. We receive compensation from insurance carriers when you enroll in a plan through our assistance.

User Responsibilities

When using our services, you agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Use our services only for lawful purposes
• Not interfere with or disrupt our website or services
• Not attempt to gain unauthorized access to our systems
• Comply with all applicable federal and state laws

You are responsible for all activities that occur under your account. Providing false or misleading information may result in denial of coverage or cancellation of your insurance policy.

Accuracy of Information

While we strive to provide accurate and up-to-date information about health insurance plans, coverage options, and pricing:

• Plan details, premiums, and availability are subject to change
• Final coverage terms are determined by the insurance carrier
• Subsidy amounts are estimates based on information you provide
• We are not responsible for errors in carrier-provided information

You should always review your insurance policy documents carefully and contact the insurance carrier directly with specific questions about coverage.

Intellectual Property Rights

All content on our website, including text, graphics, logos, images, and software, is the property of SmartChoiceHealth or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks or branding without authorization
• Create derivative works based on our website or services
• Use automated systems to scrape or collect data from our website

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that our services will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of information
• Warranties that defects will be corrected

We do not guarantee that you will qualify for any particular insurance plan or subsidy amount. Eligibility is determined by insurance carriers and government agencies based on their criteria.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTCHOICEHEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from your use or inability to use our services
• Damages resulting from errors, omissions, or inaccuracies in information
• Damages resulting from unauthorized access to your information
• Damages resulting from actions or omissions of third-party insurance carriers

Our total liability to you for any claims arising from your use of our services shall not exceed the amount of commissions we received from your insurance enrollment, or $100, whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless SmartChoiceHealth and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Any false or misleading information you provide

Third-Party Services and Links

Our website may contain links to third-party websites or services, including insurance carrier websites and government healthcare marketplaces. We are not responsible for:

• The content, privacy policies, or practices of third-party sites
• The availability or functionality of third-party services
• Any transactions you conduct with third parties

Your use of third-party services is at your own risk and subject to their terms and conditions.

Consent to Communications

By providing your contact information, you expressly consent to receive communications from SmartChoiceHealth, our agents, affiliates, and marketing partners, including:

• Telephone calls (including autodialed and pre-recorded calls)
• Text messages (SMS)
• Emails
• Direct mail

This consent applies even if your number is on a Do Not Call list. You may opt out of marketing communications at any time by:

• Clicking "unsubscribe" in our emails
• Replying "STOP" to text messages
• Contacting us at info@smartchoicehealth.org
• Calling (866)-906-0408

Standard message and data rates may apply to text messages.

Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

We comply with applicable privacy laws, including HIPAA for protected health information and the California Consumer Privacy Act (CCPA) for California residents.

Termination

We reserve the right to suspend or terminate your access to our services at any time, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Providing false or misleading information
• Any conduct that we deem harmful to our business or other users

Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination will remain in effect.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.

You waive any right to participate in class action lawsuits or class-wide arbitration.

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Contact Us

If you have questions about these Terms, please contact us: