Terms of Use

1. Agreement to These Terms

1.1 Acceptance. By accessing or using the Site, by submitting any form on it, or by clicking a button that refers to these Terms, you accept and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Site and do not submit information to us.

1.2 Changes. We may revise these Terms at any time in our discretion by posting a revised version on the Site with a new effective date. The revised Terms apply to your use of the Site after they are posted, and your continued use is your acceptance of them. Disputes arising before a revision are governed by the version in effect when they arose.

1.3 Other documents. Insurance applications, policies, enrollment forms, scope-of-appointment forms, and the notices carriers and government programs require are separate documents. Where they apply, they govern the matters they cover, and these Terms do not alter them.

2. Eligibility and Electronic Dealings

2.1 Who may use the Site. The Site is intended for adults in the United States, and principally for residents of California. By using the Site you represent that you are at least 18 years old, that you are using it for your own purposes or on behalf of a person who has authorized you to act for them, and that your use complies with applicable law.

2.2 Electronic agreement. You agree that these Terms, our Privacy Policy, and any notice, consent, or communication we provide or you give through the Site or by email are electronic records that satisfy any legal requirement for a writing or a signature, and that clicking a button, submitting a form, or otherwise indicating assent electronically has the same effect as a handwritten signature.

3. Information Only; No Advice; No Relationship

3.1 General information. The Site provides general information about insurance products and programs, including Medicare, Medicare Supplement, prescription drug, individual and family, group, life, dental, vision, and travel coverage. That information is a summary, is not complete, may not reflect the most recent changes in law, regulation, plan offerings, premiums, or eligibility rules, and may not apply to your situation. It is not insurance, legal, tax, financial, or medical advice, and it is not an offer to sell or a solicitation to buy any particular policy.

3.2 Nothing is bound or promised. No coverage is applied for, bound, issued, or changed through the Site. Coverage exists only when an insurance carrier issues it under its own application, underwriting, and policy documents, and the terms of the carrier's policy control over anything on the Site. Plan availability, premiums, networks, formularies, and benefits change, and only the carrier's current documents are authoritative.

3.3 No relationship created. Using the Site, reading its content, or submitting an inquiry does not make you a client of Hopper, does not create an agent-client, fiduciary, advisory, or confidential relationship, and does not impose on Hopper any duty beyond those that applicable law independently imposes. A relationship with Hopper begins only when we agree to act for you in connection with a specific insurance transaction.

3.4 Regulatory statements. Hopper Insurance Services, Inc. is not connected with or endorsed by the U.S. Government or the Federal Medicare program. We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options. Communications from us about insurance are a solicitation for insurance.

4. Use of the Site

4.1 Permitted use. You may view the Site and use its forms for the lawful purpose of learning about insurance and asking us for help with it. Every other use requires our prior written consent.

4.2 Prohibited conduct. You agree not to:

1. submit information that is false, misleading, or that you are not authorized to provide, including another person's name, telephone number, or email address without that person's consent;
2. use the Site or its forms to send spam, solicitations, or bulk or automated submissions, or to test, probe, or attack the Site or the systems that serve it;
3. use any robot, scraper, crawler, or other automated means to access the Site or collect information from it, other than search engines indexing publicly available pages in accordance with our robots file;
4. copy, frame, mirror, republish, or create derivative works from the Site or its content, except as Section 6 permits;
5. interfere with the operation or security of the Site, circumvent any measure we use to protect it, or introduce malicious code;
6. use the Site in any way that violates applicable law, including insurance, privacy, telemarketing, and anti-discrimination law, or that infringes the rights of any person; or
7. use the Site to compete with us, to solicit our clients, or to gather information about our business for a competitor.

4.3 Our rights. We may monitor use of the Site, remove or refuse any submission, decline to respond to any inquiry, discard submissions we believe to be automated, fraudulent, abusive, incomplete, or outside the areas we serve, and restrict, suspend, or terminate access to the Site from any person, address, or source, at any time and in our discretion, with or without notice.

5. Forms, Communications, and Consent

5.1 Accuracy. You represent that the information you provide through the Site is accurate and current, that you are the subscriber to or customary user of any telephone number you give us and are authorized to consent to communications at it, and that you will tell us promptly if a number or address you gave us stops being yours.

5.2 Consent to contact. Every form on the Site asks you to request contact from a licensed insurance agent. The consent notice displayed above each submit button, and Section 5 of our Privacy Policy, describe that consent, the channels it covers, and how to withdraw it. By submitting a form you give that consent, and you agree that our record of your submission, including the date, the page, and the notice displayed, is evidence of it.

5.3 What not to send. Do not submit through the Site, or by ordinary email or text message, your Social Security number, Medicare number or other insurance identification number, full date of birth, financial account numbers, or any information about your health, conditions, treatment, or prescriptions. If we need information of that kind, we will arrange a suitable way to collect it. Information you send despite this instruction is sent at your own risk.

5.4 Delivery. A submission is received by us only when it reaches our office email. The Site tells you if a submission could not be delivered and asks you to call. We are not responsible for a submission that is not delivered, is delayed, or is not read, and you should call us if a matter is urgent or time-sensitive, including anything involving an enrollment deadline.

6. Intellectual Property

6.1 Ownership. The Site and everything on it, including text, graphics, photographs, page designs, the selection and arrangement of content, and the Hopper Insurance Services name and marks, are owned by Hopper or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Names and marks of insurance carriers, government programs, and other third parties belong to their owners and are used only to identify them.

6.2 Limited license. We grant you a limited, revocable, non-exclusive, non-transferable license to view the Site and to print or save individual pages for your own personal, non-commercial reference in connection with your insurance decisions, provided that you keep all copyright and other notices intact. All other rights are reserved. Nothing on the Site grants any license or right by implication, estoppel, or otherwise.

6.3 Feedback. If you send us suggestions, ideas, or other feedback about the Site or our services, you grant us a perpetual, irrevocable, royalty-free right to use them for any purpose without obligation to you.

7. Third-Party Websites and Instructions

7.1 Links. The Site links to websites operated by others, including the Social Security Administration, Medicare.gov, Covered California, insurance carriers, and provider and pharmacy directories. Those sites are not under our control. We do not endorse them, we are not responsible for their content, availability, accuracy, security, or privacy practices, and your use of them is governed by their terms, not ours.

7.2 Instructions for other sites. Where the Site describes how to do something on another organization's website or with a carrier or agency, such as applying for Medicare through Social Security, creating an online account, or paying a premium, the description reflects that site or process as it appeared on the date stated on the page, or, if no date is stated, on the effective date of these Terms. Other organizations change their websites, screens, wording, and procedures without notice to us. We do not warrant that any such description is current, and you are responsible for following the instructions the other organization itself provides. If you find a difference, call us and we will help you through it.

7.3 Leaving the Site. When you follow a link away from the Site, any information you provide to the destination is provided to that organization and not to us, except for the information you submitted to us before leaving.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, FORMS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. HOPPER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, AND FREEDOM FROM ERRORS, VIRUSES, OR INTERRUPTION. HOPPER DOES NOT WARRANT THAT THE SITE WILL MEET YOUR NEEDS, THAT ANY INFORMATION ON IT IS CURRENT OR APPLIES TO YOU, THAT ANY PLAN, PREMIUM, NETWORK, OR BENEFIT DESCRIBED REMAINS AVAILABLE, OR THAT ANY SUBMISSION WILL BE DELIVERED OR ACTED ON. YOU USE THE SITE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Limitation of Liability

9.1 Exclusion of damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOPPER AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS (THE "HOPPER PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF COVERAGE, BENEFITS, PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, ANY SUBMISSION, ANY LINKED SITE, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE HOPPER PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS. THE SITE IS PROVIDED FREE OF CHARGE, AND THIS CAP REFLECTS THAT.

9.3 Scope. The exclusions and limitations in this Section apply to the fullest extent permitted by law and do not limit liability that cannot be limited under applicable law, including liability for fraud or for gross negligence where the law prohibits its limitation. They do not apply to obligations Hopper has to you under an insurance transaction it has agreed to handle for you, which are governed by the documents and law applicable to that transaction. Some jurisdictions do not allow the limitation of certain damages, so some of the above may not apply to you.

9.4 Basis of the bargain. You acknowledge that the Site is provided without charge, that these disclaimers and limitations are an essential basis of the bargain between you and Hopper, and that Hopper would not provide the Site without them.

10. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Hopper Parties from and against any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms, your violation of any law or of the rights of any person, information you submit that is false or that you were not authorized to provide, or your misuse of the Site. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with that defense.

11. Dispute Resolution: Negotiation, Mediation, Then Arbitration

11.1 Scope. This Section applies to every dispute, claim, or controversy between you and any Hopper Party that arises out of or relates in any way to the Site, its content, any form or submission, any communication from us that you consented to through the Site, our Privacy Policy, or these Terms, whether based in contract, tort, statute, regulation, or any other legal theory, and whether it arose before or after you accepted these Terms (each, a "Dispute"). It applies to the fullest extent permitted by law, including to claims under state and federal consumer protection, privacy, and telemarketing statutes. It does not apply to disputes about an insurance policy itself, which are governed by the policy and by insurance law.

11.2 Step one: notice and negotiation. Before starting any other proceeding, the party raising a Dispute must send the other a written notice that describes the Dispute, the facts on which it is based, and the specific relief requested. Notice to Hopper goes by mail to Hopper Insurance Services, Inc., Attention: Dispute Notice, 1221 State Street, Suite 204, Santa Barbara, CA 93101, with a copy by email to [email protected]. Notice to you goes to the mailing or email address you most recently gave us. For sixty days after the notice is received, the parties will try in good faith to resolve the Dispute by direct discussion, and no other proceeding may be started during that period.

11.3 Step two: mediation. If the Dispute is not resolved within the negotiation period, either party may require that it be submitted to non-binding mediation before a single neutral mediator. The parties will choose the mediator together; if they cannot agree within fifteen days of the mediation request, the mediation will be administered by the American Arbitration Association under its mediation procedures, or by another recognized mediation provider the parties agree on. The mediation will take place in Santa Barbara County, California, or by telephone or video conference at the election of the party who is not a business. Each party will bear its own attorneys' fees and costs. Hopper will pay the mediator's fees in full for a Dispute you bring in your individual capacity as a consumer; otherwise the mediator's fees will be shared equally. Everything said or exchanged in mediation is confidential and inadmissible in any later proceeding, as California Evidence Code sections 1115 and following provide. No other proceeding may be started until the mediation has concluded or sixty days have passed since the mediation request, whichever is earlier, unless the other party refuses to participate.

11.4 Step three: binding individual arbitration. If the Dispute is not resolved through negotiation and mediation, it will be resolved exclusively by final and binding arbitration on an individual basis, and not in court, except as Sections 11.6 and 11.7 provide. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, before a single arbitrator, in Santa Barbara County, California, or by telephone, video conference, or written submissions where the rules permit. This agreement to arbitrate is governed by the Federal Arbitration Act, and the arbitrator will apply California substantive law and applicable federal law. The arbitrator may award any individual relief a court could award, and the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, except that a court will decide any dispute about the enforceability of the class action waiver in Section 11.5. For a Dispute you bring in your individual capacity as a consumer, Hopper will pay all arbitration filing, administrative, and arbitrator fees beyond the consumer filing fee set by the applicable rules, and will reimburse that fee if your claim is for an amount within the jurisdiction of the small claims court; if the arbitrator finds that a claim was brought in bad faith or is frivolous, fees may be allocated as the rules provide. Each party will otherwise bear its own attorneys' fees and costs, except that the arbitrator may award fees and costs to the extent applicable law provides for them.

11.5 Class action and jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HOPPER EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND HOPPER EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. If a court determines that the class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request, and only that claim or request, will be severed and decided in court after the arbitration of all other claims has concluded, and the remainder of this Section will continue to apply. Nothing in this Section prevents you from seeking public injunctive relief in court to the extent California law does not permit that right to be waived.

11.6 Small claims. Either party may bring an individual claim in the small claims court for Santa Barbara County, California, if the claim is within that court's jurisdiction and remains an individual claim, instead of proceeding to arbitration. Sections 11.2 and 11.3 still apply first.

11.7 Exceptions. Either party may seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized use of or attacks on the Site, and Hopper may seek relief in court to enforce Section 4. Claims that applicable law does not permit to be arbitrated are excluded from arbitration to that extent, but remain subject to Sections 11.2 and 11.3 where the law allows.

11.8 Your right to opt out of arbitration. You may opt out of the arbitration agreement in Section 11.4 and the class action waiver in Section 11.5 by sending a written notice to the mailing address in Section 11.2, with your name, address, telephone number, and email address, and a clear statement that you are opting out of arbitration, postmarked within thirty days after the first date on which you submit a form on the Site or otherwise accept these Terms. Opting out does not affect Sections 11.2 and 11.3, which continue to require negotiation and mediation before any court proceeding, and does not affect any other provision of these Terms.

11.9 Time to bring a claim. To the fullest extent permitted by law, any Dispute must be started, by sending the notice required by Section 11.2, within one year after the claim accrues, and is permanently barred after that. Where the law does not permit a limitations period to be shortened, the shortest period the law permits applies.

11.10 Confidentiality and survival. The existence, content, and result of any negotiation, mediation, or arbitration under this Section are confidential, except as needed to enforce an award or as the law requires. This Section survives any termination of these Terms and any end of your use of the Site.

12. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-laws principles, except that Section 11 is governed by the Federal Arbitration Act. For any matter that Section 11 permits to be brought in court, you and Hopper consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Barbara County, California, and waive any objection to that venue.

13. General Terms

13.1 Entire agreement. These Terms, the Privacy Policy, and any consent notice displayed on a form are the entire agreement between you and Hopper about the Site and supersede all earlier terms and understandings about it. They do not supersede any agreement about a specific insurance transaction.

13.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force, except as Section 11.5 provides for the class action waiver.

13.3 No waiver; assignment. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms or any rights under them. We may assign them, including to a successor to our business or book of business, without notice to you.

13.4 Notices. We may give you notice by posting on the Site, by email to the address you provided, or by mail. You give us notice as Section 11.2 provides. Section headings are for convenience only.

13.5 Force majeure. We are not responsible for any failure or delay caused by events beyond our reasonable control, including failures of the Internet, hosting, telecommunications, or email services, government action, or natural disaster.

13.6 Survival. Sections 3, 5.3, 5.4, 6, 8, 9, 10, 11, 12, and 13 survive any termination of these Terms.

14. Contact Us