The following Terms of Use govern your use of the information, tools and other content (“Services”) accessible via Medicare Transition Services (www.medicaretransitionservices.com), an online web based insurance enrollment site (the “Site”) provided to you pursuant to a license agreement and other contractual terms between Medicare Transition Services, a d/b/a or assumed name of bswift, LLC. (referred to as “MTS,” “we,” “our,” or “us”) and SunFireMatrix, Inc. (“SunFire”). Please review these Terms of Use carefully. If you do not agree to these terms, then please exit the Site.

Access and Use of Services

As long as you comply with these Terms of Use, MTS grants to you a personal, limited, nonexclusive, nontransferable license to use the Services for the purposes directed by MTS on this Site.  You agree not to use the Services in a manner that violates any applicable law, regulation or these Terms of Use. For example (and not as an exhaustive list of examples), unless authorized by MTS in writing, you agree you will not:

1. Provide access to or give any part of the Services to any third party unless it is for purposes of giving an authorized representative access to enroll on your behalf.
2. Modify, disrupt or interfere with the Services, supporting servers or networks either manually or through the use of scripts, viruses or worms.
3. Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
4. Attempt to access any other MTS or SunFire systems that are not part of these Services.
5. Excessively overload the MTS or SunFire systems used to provide the Services.

You represent that you are responsible for any information you submit to this Site and understand that MTS may, but does not have an obligation to monitor, remove, protect, or correct your information.

The Services and this Site are the property of MTS and/or SunFire (or their licensors) and are protected by applicable intellectual property laws. The Services and this Site are licensed, not sold, to you. You may utilize the Services and this Site only as permitted by these Terms of Use. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Services or this Site; (2) use or merge the Services or this Site, or any component or element thereof, with other software, databases or services not provided by MTS or SunFiret; (3) sublicense, distribute, sell or otherwise transfer the Services or this Site to any third party; (4) use the Services or this Site as a service bureau, or lease, rent or loan the Services or this Site to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Services or this Site; (6) interfere in any manner with the operation of the Services or this Site; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Services or this Site; (8) create a database by systematically downloading and storing the Services or this Site; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Site or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent; or (10) use the Services or this Site for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Services or this Site. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Site.

MTS may freely use feedback you provide, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant MTS a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to MTS in any way.

Privacy

The privacy policy governing your access to and use of the Services can be reviewed at MTS Privacy Notice and Web Privacy Statement and is hereby incorporated into these Terms of Use. At the bottom of each page on this website, there are links to MTS’s “Privacy Policy” and Web Privacy Statement.

Note that, depending on the benefits you select when using the Services, you may be protected by federal and other law applicable to personally identifiable information about you, such as health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”).

Applicability

These Terms of Use do not apply to any benefits or insurance coverage you may obtain once you enroll in the insurance products offered on this Site.

MTS may terminate your access to and use of this Site if you violate any of these Terms of Use.  These Terms of Use shall survive any termination of your access or use.

Certain links on this Site will connect you to external websites owned and maintained by the following third parties:

Aetna.com

The list of third parties above is non-exclusive, and some links on the Site may connect you to other third-party sites.  These Terms of Use apply only to your access to and use of medicaretransitionservices.com.  We strongly encourage you to review the terms and conditions and the privacy statements available at these linked sites before you make use of them.

Electronic Records and Electronic Delivery of Notices, Disclosures, Documents and Information

This Site provides information about health insurance products and allows you to start the enrollment process or enroll in the products of your choice.

You consent to conducting comparisons electronically via the Site. This means that you agree to submit information to MTS through this Site.

You received this document electronically in relation to a solicitation for insurance by MTS.

If you decide to conduct business with MTS electronically, you may consent to the electronic delivery of notices, consumer disclosures, documents and information related to your application for insurance with the applicable insurance carrier. Before using this Site, MTS is providing this Notice of Electronic Delivery of Consumer Disclosures (“the Notice”).

By agreeing to these Terms of Use, you acknowledge receiving the Notice electronically by accessing it on the Site.

If you decide to complete an electronic application for insurance, at the end of the process you will be asked to provide an electronic signature which will be applied to your application and to other state specific forms electronically. Your electronic signature will be as legally binding and enforceable as if you had signed on paper with a pen.

If you decline the electronic signature process, MTS cannot continue processing your application electronically. You can still apply with a paper application, but it could take longer to process your application.

If you want a paper copy of the Documents, but still want to procced with your application electronically, we will still need your consent to receive the Documents electronically. You will not be charged for paper copies of any of the Documents you request.

The hardware and software descriptions below that are what you will need to use this Site for enrollment to shop for health insurance, start the enrollment process and to receive consumer disclosures, written communications, plan documents, enrollment instructions and confirmations electronically (“Electronic Records”).

• Hardware/ Operating Systems: Any PC or MAC with standard Operating Systems
• Browsers: Please refer to the “Browser Requirements” link at the bottom of each web page where you log in to on this Site
• PDF Reader: Adobe Reader version 8 or higher
• Internet Bandwidth: High-speed internet connection recommended
• The computer hardware and software used to access this Website on the Internet is all you will need to access the Electronic Records and other documents provided to you in electronic form. To retain copies of these documents, you may 1) print them from this Website, or 2) save an electronic copy onto a computer.

By accessing this Site, you agree to conduct business using the MTS platform that it is licensed to use for purposes of enrolling in a health insurance plan offered on this Site. This means that you agree to submit enrollment information to MTS and the selected insurance carrier through this Site and agree to accept delivery by electronic means the Electronic Records. This means you are agreeing that MTS and the applicable insurance company may deliver Electronic Records or information about your health care coverage to you at your email address. You also agree that the Electronic Records or information about your health care coverage that we deliver to you electronically will satisfy any legal communication requirements, including that those communications be in writing. If you wish to revoke this consent, you may do so by removing your email address on the Site or by calling the toll free number that appears on the Site, but such revocation will not affect any actions that an insurance company or MTS may have already taken in reliance on your initial consent.

You are responsible for reviewing for inaccuracies in all the information transmitted to you. If there are inaccuracies, you are responsible for correcting them using the tools available to you on the Site or by calling the toll-free number that appears on the Site.  You are also responsible for keeping your contact information up to date to ensure timely receipt of instructions and confirmations.  You can update your contact information on your profile page at any time or by calling the toll-free number that appears on the Site.

If you do not wish to use this Site for enrollment, contact the toll-free number that appears on the Site for instructions on how to enroll via a paper form.

Notice

We may deliver notice to you concerning these Terms of Use by means of email, or by a general notice posted on the Site.

Site Materials Are Not Plan Documents

The materials on this Site are not, nor or they intended to be, the legal plan documents or contract between MTS or any insurance company. Every effort has been made to ensure the accuracy of these materials. In the unlikely event that there is a discrepancy between the Site and the official plan documents, the official plan documents will control.  If you believe the benefits do not describe those available to you, contact us by calling the toll-free number that appears on the website.

You agree that MTS is not acting as your agent or fiduciary in connection with your use of the Site and the Services.

Governing Law

Pennsylvania state law governs these Terms of Use without regard to its conflicts of laws provisions. To resolve any legal dispute arising from these Terms of Use, you agree that the exclusive jurisdiction for such a dispute shall be the state courts in Montgomery County, Pennsylvania, U.S.A. or federal court for the district. MTS’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between you and MTS nor trade practices shall act to modify any provision of these Terms of Use. MTS may assign its rights and duties hereunder to any third party at any time without notice to you.

Disclaimers – Decision Support

All rate calculations made for any benefit plan type appearing on the Site are estimates only, and actual costs incurred by you may be higher or lower.

You are not required to enroll in the plan type that the Site marks as recommended, and some errors may exist in the comparisons or recommendations produced by the Site. You are ultimately responsible for enrolling in the plan that you deem best for you.

MTS and SunFire do not guarantee the accuracy of any comparisons or recommendations made by the Site, including comparisons or recommendations.

MTS is not responsible for the information and content provided by third party insurance carriers.

MTS does not give professional advice. MTS is not in the business of providing legal, financial, accounting, retirement, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

MTS will not audit or otherwise verify any information you provide and are not responsible for any insurance coverage or changes thereto, or any benefits thereunder, or any claims, paid or denied, or any penalties or interest related thereto. Except as described in these Terms of Use, the Services are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by applicable law, MTS and its third-party service or data providers, licensors, distributors or suppliers (collectively referred to as “Suppliers”) disclaim all warranties, express or implied, including any warranty that the Services are fit for a particular purpose, title, merchantability, non-interference with or non-infringement of any intellectual property right, or the accuracy, reliability, quality or content in or linked to the Services.

Limitation of Liability

Subject to applicable law, MTS will not be liable for any indirect, special, incidental, punitive or consequential damages, or damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet MTS or SunFire systems requirements. The above limitations apply even if MTS, SunFire, and their suppliers have been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold MTS harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or your breach of these Terms of Use (collectively, “Claims”). MTS respectively reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by MTS in the defense of any Claims.

Entire Agreement

These Terms of Use are the entire agreement between you and MTS, and replace all prior understandings, communications and agreements, oral or written, regarding its subject matter. These Terms of Use set forth the entire liability of MTS and its affiliates and your exclusive remedy with respect to your use of the Services. If any court of law, having the jurisdiction, rules that any part of these Terms of Use are invalid, that section will be removed without affecting the remainder of the Terms of Use. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

Changes to These Terms of Use

We may change these Terms of Use from time to time to reflect changes in the way we provide or you receive these Services, or to reflect changes in our agreement with SunFire, and the changes will be effective when posted on our website or when we notify you by other means. Please review these Terms of Use periodically on this website for changes. We have the right to change any of the terms of these Terms of Use upon reasonable notice to you. You can determine when these Terms of Use were last revised by referring to the “Version date” at the bottom of these Terms of Use. Your continued use of the Services after MTS or SunFire posts or otherwise notifies you of any changes indicates your agreement to the changes.

Version date:  October 9, 2020