Legal

Legal & Term of Use

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 Healthcare.gov.

Attention: This website is operated by Firmly Insurance and is not the Health Insurance Marketplace® website. Firmly Insurance is licensed as an insurance agency in 13 states. Not all agents are licensed to sell all products. Service and product availability varies by state. Sales agents may be compensated based on a consumer’s enrollment in a health plan. No obligation to enroll. Agent cannot provide tax or legal advice. Contact your tax or legal professional to discuss details regarding your individual business circumstances. Our quoting tool is provided for your information only. All quotes are estimates and are not final until consumer is enrolled.

INTELLECTUAL PROPERTY RIGHTS

Firmly Insurance is licensed as an insurance agency in 13 states.

The Company and its licensors reserve all rights. While the Company allows you to access the website’s content, all materials and use of the site are safeguarded by patents, copyrights, trademarks and other proprietary and intellectual property rights. These rights are legally recognized and protected across all existing and future media formats. Except where explicitly stated in the Terms and Conditions, your use of any content is restricted by relevant intellectual property laws. Beyond the rights to individual content elements, the Company holds a copyright on the curation, organization, arrangement and presentation of the collective content. By using this site, you agree not to claim any ownership over the site or its contents.

Accessing this website grants you a limited license only, not a transfer of ownership. You acknowledge and agree that you are not permitted, unless expressly authorized in writing by the Company, to copy (beyond printing/downloading portions for your own personal non-commercial use), modify, revise, alter, remove, change, display, share, rent, lease, sublicense, publish, distribute, transmit, transfer, sell, create derivatives of, or commercially exploit the site content in any way. Uploading or transmitting site materials to any other websites, including personal or business sites, is prohibited. You may download a single copy of site materials to one computer solely for your own personal, non-commercial use. Use of this site does not entitle you to claim any ownership rights over the site or content.

Safe Harbor Statement

CAUTIONARY STATEMENT FOR PURPOSES OF THE “SAFE HARBOR” PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995

This Web Site and other communications from Firmly Insurance may contain forward-looking statements relating to the company and/or its affiliates that are subject to risks and uncertainties. These statements are based on management’s current expectations and assumptions, but actual results may differ materially. Forward-looking statements can be identified by words such as “anticipate”, “believe”, “estimate”, “expect”, “intend”, “may”, “plan”, “potential”, “project” and similar terms. They speak only as of the date made, and the company has no obligation to update them.

Readers should not place undue reliance on any forward-looking statements. Factors that could cause actual results to differ materially from those anticipated include, but are not limited to:

• The effect of health care reform legislation on our business
• Legal/regulatory developments that adversely impact our business, including laws/regulations impeding our ability to generate leads
• Failure to comply with applicable laws or regulations
• Inability to maintain required licenses
• Difficulties entering into and maintaining relationships with insurance carriers and agents
• Loss of business to competitors
• Problems implementing and maintaining IT systems and administrative platforms and processes needed to run the business
• Reliance on outsourcing arrangements that disrupt business or negatively impact operations
• Termination or revision of agreements with insurance carriers that harm our business
• Untimely or inaccurate payments and data from insurance carriers
• Failure of carriers to properly administer business leading to customer dissatisfaction and policy lapses/cancellations
• Litigation or settlements thereof
• Failure to achieve operational and strategic goals
• The impact Monarch joint venture results may have on our operations
• Estimates, assumptions and projections in general

Additionally, reserve timing for particular risks, claims and litigation under accounting principles could significantly affect results for a reporting period.

Like any business, Firmly Insurance’s progress and success involves substantial uncertainty. Other factors not currently anticipated could materially and adversely impact our financial condition and results. Readers should not put undue reliance on any forward-looking statements by the company or on its behalf.

Limited of Liability

You agree that none of the Website-Related-Parties shall be liable for any damage resulting from your use or inability to use this website or the content. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers the Website-Related-Parties, including all affiliates, and their officers, directors, employees, and agents. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption. The total, cumulative, liability of the Website-Related-Parties, including all affiliates, and their officers, directors, employees, and agents, if any, for losses or damages shall be limited to the amount of your actual damages, not to exceed U.S. $100.00. The limit of liability may not be effective in some states. In no event shall the Website-Related-Parties, including all affiliates, and their officers, directors, employees, and agents, be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the website or content are excluded even if the Website-Related-Parties have been advised of the possibility of such damages. You agree that you use this website at your own risk. If you are dissatisfied with this website or the content, your sole and exclusive remedy is to discontinue using the website.

The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, the Released Parties are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and the Released Parties are not, in any case, liable for indirect, incidental, special, consequential or punitive damages. You acknowledge and agree that Firmly Insurance’s suppliers are third-party beneficiaries of these Terms, with the right to enforce the limitations of warranty and liability set forth herein with respect to the respective technology of such suppliers and Firmly Insurance.

No Warranties

All content on this website is provided to you on an “as is”, “as available” basis. Firmly Insurance, all third parties, if any, providing content for this website, and all third parties providing support or information for this website (collectively, “Website-Related-Parties”) hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Website-Related-Parties make no warranty as to the accuracy, completeness, timeliness, correctness, or reliability of any content available through this website. Without limiting the foregoing, the Website-Related-Parties specifically do not represent or warrant that any information regarding particular plan benefits or scope of coverage is accurate or complete. The Website-Related-Parties make no representations or warranties that use of this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the technology that makes it available are free of viruses or other harmful components. You are responsible for taking all precautions necessary to ensure that any content you may obtain from this website is free of viruses and any other potentially destructive computer code.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Governing Law and Statute of Limitations

You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this website. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Unless you are a resident of New Jersey, you must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Electronic Signatures and System Requirements

By logging onto this website, you have signified your agreement to all of the Terms to use this website and shall have the same binding effect as it would had you signed the same agreement on paper. If you would like a paper copy of this agreement, you may obtain one by submitting a written request to the address under “Contact Us” section below. For optimum use of this website, you may need to utilize specific web browsers.

Additional Terms

Your obligations under the following sections survive termination of this Agreement: Important Note Regarding Website Content; Agreement and Terms; portions of License to Use this Website and Content Ownership; Restrictions on Use of this Website; Posting Messages, Comments or Content; Copyright Infringement – DMCA Notice; Changes to Website Content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; Governing Law and Statute of Limitations; Additional Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or website. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.

Effective Date

The Effective Date of these Terms is November 11, 2021.