Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and AIB Inc. DBA MarketplaceHealth.com ("we," "us," "our," or "MarketplaceHealth"). These Terms govern your access to and use of www.marketplacehealth.com (the "Website") and all services provided by MarketplaceHealth (collectively, the "Services").

By using our Website or Services, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using our Services on behalf of another person or entity, you represent that you have the authority to bind that person or entity to these Terms.

2. About MarketplaceHealth.com

2.1 Who We Are

MarketplaceHealth.com is a privately owned, independent licensed insurance agency and brokerage operated by AIB Inc. We are certified to offer Marketplace health insurance and other insurance products through partnerships with multiple insurance carriers.

2.2 Important Disclaimer - Not a Government Entity

2.3 Our Services

We provide the following services:

• Information and education about health insurance options
• Assistance comparing health insurance plans from multiple carriers
• Help determining eligibility for subsidies and premium tax credits
• Enrollment assistance for Marketplace and non-Marketplace health insurance plans
• Customer support throughout the enrollment process
• Ongoing assistance with insurance-related questions

2.4 Our Compensation

We do NOT charge consumers any fees for our services. We are compensated through commissions paid by insurance carriers when you enroll in a plan through our agency. This commission structure does not affect the price you pay for insurance coverage - plan premiums are the same whether you enroll through our agency, directly with the carrier, or through the government Marketplace.

Our commission-based compensation model means we are motivated to help you find appropriate coverage. However, you should be aware that different insurance carriers may pay different commission rates, which could influence which plans we recommend or present to you.

3. Use of Our Website and Services

3.1 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for your personal, non-commercial use in connection with obtaining health insurance information and services.

3.2 User Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Be a legal resident of the United States
• Provide accurate and complete information
• Have the legal capacity to enter into insurance contracts
• Not be prohibited from using our Services under applicable law

3.3 User Account and Security

If you create an account on our Website, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring that your account information is accurate and current

You may not share your account credentials or allow others to access your account. We reserve the right to suspend or terminate accounts that we suspect are being used improperly.

4. Information You Provide

4.1 Accuracy of Information

You agree to provide accurate, complete, and truthful information when using our Services. This includes but is not limited to:

• Personal identifying information (name, date of birth, address)
• Contact information (email, phone number)
• Household and family information
• Income and financial information
• Health-related information
• Insurance preferences and needs

Providing inaccurate or incomplete information may result in:

• Inability to obtain accurate insurance quotes
• Denial of coverage or claims
• Incorrect subsidy or premium tax credit calculations
• Legal consequences for insurance fraud

4.2 Updates to Information

You agree to promptly notify us if any information you have provided changes or becomes inaccurate. Material changes to your circumstances (such as income, household size, or address) may affect your insurance eligibility, premiums, and subsidy amounts.

4.3 Verification

We may verify information you provide through third-party sources and databases. You authorize us to obtain such verification and to share information with insurance carriers and other relevant parties as necessary to provide our Services.

5. Enrollment Process and Insurance Coverage

5.1 Quotes and Estimates

Any insurance quotes or premium estimates provided through our Website or Services are estimates only and are not binding offers of coverage. Actual premiums, coverage terms, and eligibility will be determined by the insurance carrier based on complete and verified information.

Quotes are subject to change based on:

• Changes in your circumstances or information provided
• Insurance carrier underwriting decisions
• Changes in available plans or carrier offerings
• Government subsidy calculations
• Verification of information

5.2 No Guarantee of Coverage

We do not guarantee that you will qualify for any specific insurance plan, premium rate, or subsidy amount. Insurance carriers make final determinations regarding coverage eligibility, underwriting, and pricing.

5.3 Enrollment Assistance

We assist with the enrollment process but do not control insurance carrier systems, government Marketplace operations, or final enrollment decisions. Enrollment is not complete until you receive confirmation directly from the insurance carrier.

5.4 Open Enrollment and Special Enrollment Periods

Health insurance enrollment is generally limited to:

• Annual Open Enrollment Periods (dates set by federal/state governments)
• Special Enrollment Periods triggered by qualifying life events

We will provide information about enrollment periods, but you are responsible for understanding and meeting applicable deadlines. Missing enrollment deadlines may result in gaps in coverage or penalties.

5.5 Your Responsibilities After Enrollment

After enrolling in insurance coverage, you are responsible for:

• Paying premiums directly to the insurance carrier
• Understanding your coverage, benefits, and limitations
• Following carrier procedures for using benefits and filing claims
• Reporting changes in circumstances to the carrier and/or Marketplace
• Maintaining continuous coverage to avoid penalties (where applicable)

6. Disclaimers and Limitations

6.1 No Legal, Financial, or Medical Advice

Our Services provide insurance information and enrollment assistance only. We do not provide:

• Legal advice regarding insurance matters
• Financial planning or tax advice
• Medical advice or healthcare recommendations
• Guarantees regarding subsidy eligibility or tax credit calculations

You should consult with appropriate licensed professionals (attorneys, accountants, financial advisors, physicians) for advice specific to your situation.

6.2 Information Accuracy and Changes

While we strive to provide accurate and current information about insurance plans, carriers, and regulations:

• Insurance plan details, availability, and pricing change frequently
• Government regulations and subsidy rules may change
• Information on our Website may not reflect the most current updates
• We are not responsible for errors or omissions in information provided by insurance carriers or government sources

6.3 Third-Party Content and Links

Our Website may contain links to third-party websites, including insurance carrier sites and government resources. We are not responsible for the content, accuracy, or practices of third-party websites. Links do not constitute endorsement of third-party sites or their content.

6.4 Website Availability

We do not guarantee that our Website will be available at all times or free from errors, viruses, or other harmful components. We may suspend or restrict access to our Website at any time for maintenance, updates, or other reasons.

6.5 Technology Requirements

You are responsible for obtaining and maintaining all equipment, software, and internet connectivity necessary to access and use our Website and Services.

7. Limitation of Liability

8. Indemnification

You agree to indemnify, defend, and hold harmless MarketplaceHealth, AIB Inc., and our officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our Website or Services
• Your violation of these Terms
• Your provision of inaccurate or fraudulent information
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations
• Insurance fraud or misrepresentation

9. Intellectual Property Rights

9.1 Our Intellectual Property

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

You may not:

• Copy, reproduce, or distribute Website content without permission
• Modify, create derivative works from, or reverse engineer any aspect of our Website
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or branding without written permission

9.2 Your License to Us

By submitting content, feedback, or suggestions to us, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for any purpose related to our business.

10. User Conduct and Prohibited Activities

You agree NOT to:

• Provide false, misleading, or fraudulent information
• Impersonate any person or entity or misrepresent your affiliation
• Use our Services for any illegal purpose or to violate any laws
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the operation of our Website or Services
• Introduce viruses, malware, or other harmful code
• Engage in automated data collection (scraping, bots, etc.) without permission
• Use our Services to spam, harass, or send unsolicited communications
• Violate the privacy rights of others
• Engage in insurance fraud or material misrepresentation
• Assist or encourage others in violating these Terms

We reserve the right to investigate violations and cooperate with law enforcement authorities regarding illegal activities.

11. Termination

11.1 Termination by You

You may stop using our Services at any time. If you wish to terminate your account or request deletion of your information, please contact us at info@marketplacehealth.com.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to our Website or Services at any time, with or without notice, for any reason, including:

• Violation of these Terms
• Provision of false or fraudulent information
• Abuse of our Services or systems
• Request by law enforcement or government authorities
• Discontinuation of our Services

11.3 Effect of Termination

Upon termination:

• Your right to access and use our Website and Services immediately ceases
• We may delete your account and information (subject to legal retention requirements)
• Provisions of these Terms that by their nature should survive termination will remain in effect (including disclaimers, limitations of liability, and indemnification)
• Termination does not affect insurance coverage you have already enrolled in through our Services

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you also agree to our Privacy Policy.

Key points:

• We collect personal and health-related information to provide our Services
• We share information with insurance carriers as necessary for quotes and enrollment
• We do not sell your personal information to third parties
• We implement security measures to protect your information
• You have certain rights regarding your information (see Privacy Policy for details)

Please review our Privacy Policy for complete information about our data practices.

13. Electronic Communications and Consent

By using our Services, you consent to receive electronic communications from us, including:

• Emails regarding your insurance inquiries and enrollment
• Text messages (SMS) if you provide your mobile number
• Automated or pre-recorded telephone calls
• Notifications and updates about your account or our Services

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of marketing communications at any time by following the unsubscribe instructions in our emails or by contacting us. However, you cannot opt out of transactional communications related to your insurance enrollment or account.

Standard message and data rates may apply to text messages and calls.

14. Dispute Resolution

14.1 Informal Resolution

If you have any dispute with MarketplaceHealth, you agree to first contact us at info@marketplacehealth.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes amicably.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state where AIB Inc. is registered, without regard to its conflict of law provisions.

14.3 Jurisdiction and Venue

Any legal action or proceeding arising from or related to these Terms or our Services shall be brought exclusively in the appropriate state or federal courts, and you consent to the personal jurisdiction of such courts.

14.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.5 Time Limitation

You agree that any claim or cause of action arising from or related to these Terms or our Services must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.

15. Changes to Terms of Service

15.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Post the revised Terms on our Website
• Notify you of material changes via email or prominent Website notice (where required)

15.2 Acceptance of Changes

Your continued use of our Website or Services after changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using our Services.

15.3 Material Changes

For material changes that significantly affect your rights or obligations, we will provide advance notice and may require your affirmative acceptance before the changes take effect.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MarketplaceHealth regarding our Services and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms to any affiliate or successor entity without your consent.

16.5 No Agency Relationship

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and MarketplaceHealth.

16.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of war, government actions, pandemics, or internet/telecommunications failures.

16.7 Notices

All notices to MarketplaceHealth must be sent to: info@marketplacehealth.com

We will send notices to you at the email address you provide to us.

16.8 Accessibility

We strive to make our Website accessible to individuals with disabilities. If you have difficulty accessing any aspect of our Website or Services, please contact us at info@marketplacehealth.com so we can provide assistance.

17. Insurance-Specific Provisions

17.1 State Licensing

MarketplaceHealth operates as a licensed insurance agency and maintains required licenses in the states where we conduct business. You may verify our licensing status by contacting your state's Department of Insurance.

17.2 Carrier Relationships

We work with multiple insurance carriers but may not represent all carriers or all plans available in your area. The plans we present to you may be influenced by:

• Carrier partnerships and appointments
• Commission arrangements
• Product availability and carrier capacity
• Your specific needs and preferences

17.3 No Fiduciary Duty

While we strive to help you find appropriate coverage, we are not acting as your fiduciary. We are compensated by insurance carriers, which may create potential conflicts of interest. You should carefully review all plan information and make your own informed decision.

17.4 Regulatory Compliance

We comply with all applicable federal and state insurance regulations, including:

• State insurance licensing requirements
• Federal Health Insurance Portability and Accountability Act (HIPAA)
• Affordable Care Act (ACA) regulations
• State-specific insurance consumer protection laws
• Federal and state privacy and data protection laws

17.5 Complaints and Regulatory Contact

If you have a complaint about our Services that we cannot resolve, you may contact:

• Your state Department of Insurance
• The federal Centers for Medicare & Medicaid Services (for Marketplace-related issues)
• Other appropriate regulatory authorities

We will provide specific contact information upon request.

18. Contact Information

For questions about these Terms of Service, our Services, or to exercise your rights, please contact us: