Effective Date: Dec, 2022

 

Our commitment to excellent customer service includes being transparent in our communications. In our Terms of Use, we spell out the legal agreement created when you use our website and our services. We invite you to review the Terms of Use to understand better what's involved in this agreement.

Please read these Terms of Use carefully.

This website is owned and operated by Foundation Legacy Advisors, LLC, Subsequently referred to as (FLA) These Terms of Use govern your access to and use of this website and all applications, materials, content, and other items made available through such website (collectively, this “Website”). By using or accessing this Website, you accept and agree to be legally bound by these Terms of Use that are in effect on the latest date that this Website is accessed by you.

The services are provided to you subject to these Terms of Use, which may be updated by us from time to time without notice to you. If you do not agree to any of these Terms of Use, please do not use the services.

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FLA’s Role in Providing the Services

FLA acts as an insurance broker or agent (collectively referred to as a “Producer”) and sells health insurance products to individuals (collectively the “Services”). FLA is not an insurance carrier. Certain insurance products/services may be recommended to you, and all products/services are provided by third-party insurance companies (collectively “Carriers”) which are unaffiliated with FLA. FLA does not issue insurance contracts or process claims.

The decision to enroll in any product/service is made by you. The Carrier is solely responsible for its products/services to you. No insurance product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the insurance or other laws of such jurisdiction. The Carriers may rely on the representations made by you during the underwriting process. The Carriers may reject an application if there is a suspicion of fraud.

By using the services, you understand, acknowledge and agree that: (1) nothing herein constitutes an offer or guarantee for coverage; (2) requirements for a specific health insurance product or service are made by the carrier of that product or service; (3) FLA does not guarantee any carrier’s product or service; and (4) FLA is not and shall not be liable for any damages, costs, liabilities or losses of any kind arising out of or in connection with your use of any carrier’s product or service.

 

Using the Website and Services

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Although the Website contains descriptions about health insurance products/services, the descriptions are informational only and are not intended to provide all terms and conditions. All coverage is subject to the terms and conditions in the insurance policies and documents issued by the Carriers.

While the decision support tool on the Website may rank certain health insurance options in order of “Plan Premium (Low to High)”, “Total Estimated Annual Cost”, “Medicare Star Ratings”, or “Plan Name (A-Z)” based on your answers, you are responsible for ensuring that the coverage you select is appropriate for you and any dependents and that the information you provide is accurate and current. The costs for coverage shown on the Website are estimates that may vary.

Your use of the Website does not guarantee that you are eligible to receive coverage under any insurance product/service. To enroll in benefits, you must be eligible for the particular benefit and you must complete the enrollment process. There may be errors in the information displayed on the Website or the information may not be complete or current and it may not apply to your situation.

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Access

You must provide all end-user equipment, software and telecommunications services necessary for you to access and interact with this Website and to receive email and/or text communications from us related to your activity with this Website. We are not responsible for any fees, costs or expenses incurred by you in connection with the foregoing or your use of this Website (e.g., internet provider data charges, mobile phone data charges, etc.). At certain times, access to this Website may not be available due to maintenance or circumstances beyond our control. We may discontinue or modify access to this Website at any time without prior notice.

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Links to Third Parties

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FLA offers health and wellness products and services to help individuals better manage their health and the payment of health care. These products and services are offered through links from the Website to websites that are owned or operated by the Carriers or other third parties unaffiliated with FLA (each, a “Linked Third-Party Site”). Such links do not constitute or imply FLA’s approval, sponsorship or endorsement of any Linked Third-Party Site. FLA is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Site. You access and use a Linked Third-Party Site solely at your own risk. When you access and use a Linked Third-Party Site, you are subject to that third party’s terms and conditions of use. Any rights, claims or actions you may have in respect of a Linked Third-Party Site can only be brought directly against the owner or operator of the Linked Third-Party Site.

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Third Party Content

This Website includes articles, opinions, and news on personal health and financial health. Some of this content is supplied by individuals and companies that are not affiliated with FLA ("Third Party Content"). Some Third Party Content may be provided by companies whose products and services are offered on this Website. The source of all Third Party Content is clearly and prominently identified. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.

FLA has not been involved in the preparation of Third Party Content and does not explicitly or implicitly endorse or approve such content.

While FLA makes every attempt to provide accurate and timely information to serve the needs of users, neither FLA nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and FLA specifically disclaims any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. The Third Party content is provided on an "as-is" basis.

 

Health and Wellness Content

FLA does not provide medical or nutritional advice, diagnosis or treatment. If you have any questions regarding your health, you should promptly consult your physician or other healthcare provider. You should also consult your physician or other healthcare provider or professional before beginning any exercise program or diet. Never disregard professional medical advice or delay seeking professional medical advice or treatment because of something you have read on the Website.

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If you believe you have a medical emergency, you should immediately call 911 or your physician.

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Proprietary Rights

The Website and all its contents, materials, elements and components are proprietary property of FLA or its third-party licensors, and are protected by United States and international intellectual property laws. Any unauthorized use of the Website or any other proprietary property of FLA or a third-party licensor may result in civil and/or criminal penalties. All trademarks and service marks on the Website and in communications, marketing materials, reports, and any and all other documents created or used by us, belong to FLA, except third-party trademarks and service marks, which are the property of their respective owners.

 

Our Limited License to You

Subject to your compliance with these Terms of Use, FLA grants you a revocable, conditional and limited license to access and use the Website, and all material contained therein, solely for your own personal/family/household use in accordance with applicable laws. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms of Use or any applicable law). FLA reserves all rights not expressly granted herein.

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Linking to the Website

Your Linking to the Website from a third party website is subject to the following conditions:

• Your link must be a text-only link and may not include a FLA logo;

• You do not frame or otherwise create a browser or border environment around any page or content of the Website;

• You do not deep-link to any internal page or area of the Website;

• You do not use any Website logo or design mark in or as your link;

• You do not link to the Website from any pornographic or sexually oriented website;

• You do not misrepresent or falsely suggest that your website, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, FLA;

• You do not publish false, misleading or inaccurate information about, or otherwise disparage, the Website or FLA; and

• FLA is under no obligation to support your link.

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Timeliness of content

All content on the Website is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. You are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

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Means of Access

The Website is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Website, be aware that the Website may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the Website through devices or services that are designed to provide high-speed, automated, repeated access.

 

Accuracy of Data

You agree that any information you’ve supplied to us or through the Services is accurate and current. Further, you agree to keep such information accurate and up-to-date.

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Limitations on guidance

FLA does not provide medical, tax, financial or legal advice. FLA is not responsible for ensuring compliance with any state or federal law, rule or regulation for any employer, group health plan, employee welfare benefit plan or any other plan or program. The information FLA provides on the Website or through the Services is for informational purposes only. You should consult your own advisors and professionals as appropriate.

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Information Privacy

Please review our Privacy Policy which describes our information collection, use, sharing, and security practices associated with the Services, and which is incorporated herein by reference.

 

Prohibited Uses

You agree that you may not:

• access or use the Services other than for your own work/personal/household use in compliance with these Terms of Use and applicable laws;

• impersonate another, or falsify account information, or make unauthorized use of another’s information;

• copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Website, in whole or in part;

• remove any FLA or Provider copyright, trademark or other proprietary rights or legal notices contained in any material obtained through the Services;

• interfere in any way with the operation of the Website or any server, network or system associated with the Website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Website or any server, network or system associated with the Website; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;

• decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any source code of the Website;

• use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Website or any server, network or system associated with the Website, or to extract, collect, harvest or gather content or information from the Website;

• frame or otherwise create a browser or border environment around any page or content of the Website, or deep-link to any internal page or area of the Website;

• knowingly upload any materials that contain any virus, worm, “Trojan horse” or any other form of malware;

• use any FHIS trademark or service mark in any manner (including as meta tags or ad keywords), except as necessary to make verbal or written reference to FLA in a truthful and non-misleading and purely descriptive and nominative manner not including any FLA logo; or

• make any other use of the Services that violates these Terms of Use or any applicable law.

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Notice of Claimed Copyright Infringement

In compliance with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), FLA will respond to proper notifications of claimed copyright infringement. FLA also has a policy of terminating, in appropriate circumstances at FLA’s discretion, the accounts of registered users on the Website who are determined to be repeat infringers.

If you believe that your copyright has been infringed or violated, please notify our Designated Agent listed below in writing and include the following information in your notice:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;

• A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;

• An identification of the allegedly infringing material, and a description of where that material is located;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

Designated Agent: Notifications of claimed copyright infringement should be sent to the following designated agent:

• By mail: J. Dean Fetro, Foundation Legacy Advisors, LLC,

• 3650 Creeks Bend Ct. W. Casselberry, Fl. 32707

• By phone: 321-247-7487

• By email: Info@shapeyourlegacy.com

Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

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Disclaimer of Warranties

Unless expressly otherwise agreed upon in writing by FLA and except where prohibited by applicable law:

• FLA makes no warranty or representation, whether express or implied, regarding the services;

• The website is provided “as is” and “as available” without warranties of any kind, express or implied;

• To the fullest extent permissible pursuant to applicable law, FLA disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, and non-infringement with respect to the website; without limiting the generality of the foregoing, FLA does not warrant that the website will be uninterrupted or error free; or that any defect or error will be corrected; or that the website will be secure and free of viruses or other harmful components; or that any information provided on the website or as part of the services will be current or accurate; or that your application for any product or service submitted will be successfully transmitted to, or accepted by a provider; and

• Your use of the website is entirely at your own risk.FLA will not be liable to you or anyone else for any loss resulting from a cause over which such FLA does not have direct control.

Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, FLA excludes all warranties.

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Limitations of Liability

Unless expressly otherwise agreed upon in writing by FLA and except where prohibited by applicable law:

• In no event shall FLA or any of its affiliates or any of its or their respective officers, directors, employees, agents, representatives, advisors and consultants be liable to you (whether under contract, tort, negligence, strict liability, warranty or any other legal or equitable theory) for any direct, indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, data or information of any kind) arising out of or related to the services, including your reliance upon any recommendations appearing on this website, even if they have been advised of the possibility of such loss or damages; and

• To the fullest extent permitted by applicable law, you release and waive all claims against FLA without limitation, including claims related to intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the united states, and your sole and exclusive remedy for any claim or dispute with FLA concerning the services is to stop using the services.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitations may not apply to you.

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User Indemnity

You agree to indemnify and hold harmless FLA and its affiliates and its and their respective officers, directors, employees, agents, representatives, advisors and consultants, for and from any and all claims, actions, causes of action, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or relating to: (1) your use of, your inability to use, or your reliance upon, the services or any information obtained through the services; (2) your violation of any of these terms of use or any applicable law; (3) any transaction, dealing or dispute between you and (a) the owner or operator of a linked third-party site/ or (b) any provider.

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Governing Law

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Florida (without regard to the conflict of laws provisions thereof).

 

Arbitration Agreement

You and FLA agree that any dispute or claim related to your use of the Services shall be resolved by binding arbitration, rather than in court, except that FLA may bring actions in court to enforce its intellectual property rights. The United States Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to:

Foundation Legacy Advisors

Legal Department

3650 Creeks Bend Ct. W

Casselberry, Fl. 32707

The arbitration will be conducted by the arbitrator selected by FLA

You and FLA each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and FLA each waive any right to a jury trial.

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Our Reservation of Rights

FLA reserves the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate (a) the Services, in whole or in part and (b) the operation or any feature of the Website; (2) restrict, limit, suspend or terminate your access to the Website; (3) monitor any user’s use of the Website to verify compliance with these Terms of Use and any applicable law; (4) investigate any suspected or alleged misuse of the Website and cooperate with law enforcement and third-parties in such investigation; and (5) disclose information about your use of the Services in connection with law enforcement investigation of alleged illegal activity, in response to a lawful court order, subpoena or a regulatory audit or investigation.

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Severability

If any provision contained in these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Use shall not be affected and shall remain in full force and effect.

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No Waiver

A failure by FLA to exercise or enforce any right or provision under these Terms of Use does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms of Use will only be effective if it is in writing and signed by FLA.