Terms and Conditions for PickMedicare Terms and Conditions Last updated: September 20, 2022 Please read these terms and conditions carefully before using Our Service. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: California, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Health is Wealth Marketing LLC, 98 E Montecito Ave, Sierra Madre, CA 91024.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to PickMedicare, accessible from https://www.pickmedicare.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
YOU AGREE TO ARBITRATION AND WAIVER OF TCPA CLASS ACTION
Any dispute, claim, or controversy arising out of or relating to the use of the website pickmedicare.com or any services provided through it, including but not limited to disputes related to the interpretation, applicability, enforceability, or breach of these terms and conditions, shall be resolved by binding arbitration administered by a neutral arbitrator.
The arbitration shall be conducted in accordance with the rules and procedures of a reputable arbitration organization mutually agreed upon by both parties. If the parties cannot agree on an arbitration organization, the arbitration shall be conducted in accordance with the rules of the American Arbitration Association.
The arbitration shall take place in a mutually agreed-upon location, or if no agreement can be reached, in a location determined by the arbitrator. The language of the arbitration shall be English.
The arbitrator’s decision shall be final and binding upon both parties. The arbitrator shall have the authority to grant any relief or remedy that would otherwise be available in a court of law, provided that such relief or remedy is consistent with the terms and conditions outlined in these terms and conditions.
The parties involved shall bear their own costs associated with the arbitration, including attorneys’ fees. However, in the event that the prevailing party in the arbitration is awarded damages or other monetary relief, the arbitrator may allocate the costs and attorneys’ fees incurred by the prevailing party to the non-prevailing party.
By agreeing to these terms and conditions and using the website pickmedicare.com or any services provided through it, you acknowledge and agree to waive your right to participate in any class action or representative proceeding against pickmedicare.com under the Telephone Consumer Protection Act (TCPA) or any other applicable laws. Instead, any dispute or claim will be resolved through individual arbitration as outlined in this arbitration clause.
This arbitration clause and waiver of TCPA class action is governed by the laws of California. Any claims or disputes not subject to arbitration shall be submitted to the exclusive jurisdiction of the courts located in California.
By using the website pickmedicare.com or any services provided through it, you acknowledge and agree to this arbitration clause and waiver of TCPA class action as the sole and exclusive means of resolving any disputes or claims arising from your use of the website or the services provided.
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