Terms of Use

Thank you for visiting the totalchoicehealth.com website located at https://totalchoicehealth.com/ (the "Site"). The Site is an Internet property of Pierce Insurance Solutions LLC ("Company," "we," "our," or "us"). The following totalchoicehealth.com Website Terms and Conditions ("Terms and Conditions") incorporate the totalchoicehealth.com Privacy Policy ("Privacy Policy") and any other relevant operating rules, policies, fee structures, and supplemental terms or documents that may be published periodically, all of which are incorporated herein by reference (collectively, the "Agreement").

Each visitor to the Site ("User," "you," or "your") agrees to the terms of the Agreement in full when they: (a) access or use the Site; (b) access and/or view any of the: (i) links to third-party health insurance resources and information ("Third-Party Links"); and/or (ii) blog posts, articles, videos, and/or other content related to health insurance products and services available on the Site (the "Informational Content," and together with the Third-Party Links, the "Content"); (c) participate in comment sections, forums, or other interactive features on the Site ("Interactive Services"); and/or (d) use contact forms or provided contact details to reach out to, or request contact from, the Company and/or our third-party partners in health insurance products and services ("Third-Party Service Providers") (collectively, the "Contact Services," and together with the Site, Content, and Interactive Services, the "Site Offerings").

PLEASE CAREFULLY REVIEW THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE AGREEMENT IN FULL, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE OFFERINGS IN ANY WAY.

THE AGREEMENT INCLUDES DISCLAIMERS OF WARRANTIES, LIMITATIONS ON LIABILITY, RELEASES, A WAIVER OF CLASS ACTIONS, AND A REQUIREMENT FOR ARBITRATION OF ANY CLAIMS ARISING HEREUNDER AGAINST THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, AND MARKETING PARTNERS (COLLECTIVELY, "COVERED PARTIES"), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE ARBITRATION PROVISION. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT.

Please note that the Company is not a health insurance carrier, does not provide health insurance products or services directly, and does not act as an agent for any specific health insurer. We will forward the information you submit to one or more Third-Party Service Providers, and the final terms of any health insurance products or services obtained through the Contact Services will be set by those Third-Party Service Providers. Insurance availability and rates depend on each provider's underwriting standards.

The Site Offerings are not intended to offer an exhaustive directory of all health insurance carriers: (a) across the United States; (b) within a particular region; or (c) offering specific types of health insurance.

Any reliance on information provided through the Site Offerings, including the Content, is at your own risk. The Company disclaims all liability for any loss, damage, or injury arising from information obtained directly or indirectly via the Site Offerings.

Scope; Modification of Agreement: The Agreement represents the complete and exclusive understanding between Users and the Company regarding the use of the Site Offerings, superseding all prior agreements, representations, warranties, or understandings. The Company may revise the Agreement at its sole discretion without individual notice to Users; however, amendments to the arbitration provisions, class action waivers, or other dispute-related terms (collectively, "Dispute Resolution Provisions") will not retroactively apply to disputes arising before the change. The most current Agreement will be displayed on the Site, and Users should check it before using the Site Offerings. Continued use of the Site Offerings by a User signifies acceptance of the then-effective Agreement (except for pre-amendment disputes, which follow the prior Dispute Resolution Provisions).

Requirements; Termination of Access to the Site Offerings. The Site Offerings are available solely to individuals capable of forming legally binding contracts under applicable law. They are not for use by persons under eighteen (18) years of age (or the age of majority if higher in their jurisdiction). If a User is under eighteen (18) or unable to form binding contracts, they lack permission to use or access the Site Offerings. The Company may, at its sole discretion, terminate a User's access to the Site Offerings at any time for any reason, including but not limited to breaches of the Agreement or inappropriate conduct related to the Site Offerings.

Contact Services: When using the Contact Services, a User may need to provide, and the Company may gather, some or all of the following: (a) User's email address; (b) User's full name; (c) User's telephone number; and (d) additional details from the Contact Services form (collectively, "Contact Data"). By submitting Contact Data and selecting the submission option on the Site: (i) the Company may share your Contact Data with one or more marketing partners and/or affiliates (collectively, "Marketing Partners") or Third-Party Service Providers; (ii) you may receive contacts from the Company and/or one or more Marketing Partners or Third-Party Service Providers about your inquiry; and/or (iii) you may receive third-party offers from Marketing Partners that the Company believes could interest you. Where you provide "prior express consent" as defined in the Telephone Consumer Protection Act (47 USC § 227) and its FCC regulations (47 CFR § 64.1200), as amended ("TCPA"), you consent to telephone contacts from the Company and/or designated Third-Party Service Providers, including artificial voice calls, pre-recorded messages, and automated SMS texts. If the Company contacts you regarding your Contact Data submission, a representative may seek further details by phone, such as: (A) User's date of birth; (B) User's mailing address; (C) details on User's health insurance requirements; and (D) other requested information (collectively, "Follow-Up Data," and with Contact Data, the "User Data"). Each User must supply accurate, complete, and current User Data. The Company's handling of User Data is governed by the Privacy Policy. For the Privacy Policy, please see Privacy Policy.

Please understand that the Company does not offer health insurance products or services, and the terms of any such products or services via the Contact Services are determined by the relevant Third-Party Service Providers. You agree that the Company is not liable to you or any third party for products or services from Third-Party Service Providers.

Non-Endorsement; Passive Conduit: (a) The Company does not sponsor, recommend, or endorse any Marketing Partner or Third-Party Service Provider accessible through the Contact Services or other Site Offerings. These providers pay fees for User access. Compensation received, among other factors, may affect featured providers, their order, and offered products/services. Marketing messages may come from the provider paying the highest for your User Data. The Company does not guarantee success in finding health insurance via the Site Offerings.

(b) Exercise caution when using the Site Offerings. The Company does not endorse the content or legality of responses, statements, or assurances from Third-Party Service Providers, Marketing Partners, or others on or through the Site Offerings.

(c) Deciding on health insurance needs and selecting providers are critical choices not to be based only on ads or expertise claims from Third-Party Service Providers. The Company advises consulting financial advisors familiar with your situation before decisions. Also, speak with representatives from considered insurers to confirm coverage, premiums, deductibles, and other terms suit your needs. The Company does not verify Third-Party Service Providers' standing with regulators or agencies, making no representations about their status, ability, or practices.

(d) The Company is not involved in agreements or relationships between Users and Third-Party Service Providers or Marketing Partners. Thus, the Company makes no representations about Users', Marketing Partners', or Third-Party Service Providers' competence, reliability, honesty, integrity, or conduct. Users are solely responsible for evaluating the competence, reliability, honesty, and integrity of Third-Party Service Providers or Marketing Partners they engage via the Contact Services or Site Offerings.

Content; Third-Party Links: The Site includes Content such as text, videos, and information on health insurance products/services, plus updated Third-Party Links. This Content is for informational use only and subject to all disclaimers herein and on the Site.

Interactions: Users bear full responsibility for interactions with Marketing Partners, Third-Party Service Providers, and others. As the Company is not party to these interactions, if disputes arise with Marketing Partners, Third-Party Service Providers, or others, you release the Company from all claims, demands, and damages (actual and consequential, known and unknown) related to such disputes.

Interactive Services: (a) Subject to the restrictions herein, Interactive Services may permit posting comments and other interactions via the Site Offerings. Users are solely liable for comments, views, statements, offers, feedback, and content (collectively, "Feedback") posted through Interactive Services. The Company may, at its sole discretion, prohibit User conduct or remove materials or Feedback that it deems violative of the Agreement, illegal, harmful, objectionable, or potentially exposing the Company to harm, reputational damage, or liability. However, the Company assumes no duty to monitor or police User actions, Feedback, or third-party materials. The Company has no obligation or liability to Users regarding Feedback. Users may encounter outdated, harmful, inaccurate, or deceptive Feedback. Use caution and common sense with Feedback. You agree to use Interactive Services in compliance with all applicable laws, rules, and regulations.

(b) When using Interactive Services or other Site Offerings, you agree not to: (i) post phone numbers, addresses, last names, URLs, emails, or third-party confidential info; (ii) post audio, text, photos, videos, or images with confidential info; (iii) post indecent or obscene audio, text, photos, videos, or images per applicable law; (iv) impersonate persons or entities; (v) stalk or harass; (vi) send unauthorized ads or solicitations to Users; (vii) transmit chain letters, spam, or junk email; (viii) imply Company endorsement without prior written consent; (ix) harvest or collect User info without consent; (x) use robots, spiders, or automated tools to access, query, or extract data except as permitted; (xi) post copyrighted, trademarked, or proprietary material without owner consent; (xii) remove copyright, trademark, or proprietary notices; (xiii) interfere with the Site, servers, or networks; (xiv) post viruses or disruptive code; (xv) post, transmit, or promote illegal software or services like spyware, spamware, or denial-of-service tools; (xvi) frame or mirror the Site without authorization; (xvii) use metatags or devices referencing Site Offerings to direct to other sites; and/or (xviii) modify, adapt, sublicense, sell, reverse engineer, or disassemble Site Offerings or software. The Company reserves all legal remedies against violators.

Representations and Warranties. Each User represents and warrants to the Company: (a) the Agreement is a legal, valid, binding, and enforceable obligation per its terms; and (b) the User has independently assessed the value of using the Site Offerings without relying on unstated representations or warranties.

Indemnification: Each User agrees to indemnify, defend, and hold the Company, its members, officers, directors, parents, subsidiaries, employees, agents, and attorneys (collectively, “Covered Parties”) harmless from all liabilities, claims (including by Covered Parties), actions, suits, judgments, fines, damages, costs, losses, and expenses (including attorneys' fees, court costs, settlements) arising from: (a) disputes with Marketing Partners, Third-Party Service Providers, or others; (b) User's breach of the Agreement or warranties; (c) User's improper use of Site Offerings; and/or (d) User's Feedback. This Section benefits the Company, its affiliates, and their officers, directors, members, employees, agents, shareholders, licensors, suppliers, and attorneys, who may enforce it directly.

License Grant: Users receive a non-exclusive, non-transferable, revocable, limited license to access and use the Site Offerings. The Company may revoke this at any time. Users may use for personal, non-commercial purposes unless authorized otherwise. No reproduction, incorporation into systems, or alteration without permission. No automated scraping or data extraction except as allowed. No creation of derivative works. No combination with third-party content. No commercial exploitation without permission. Users indemnify the Company for non-compliance. The Company reserves ungranted rights.

Proprietary Rights: The Site Offerings, including organization, graphics, design, compilation, translation, conversion, software, services, and related matters, are protected by copyrights, trademarks, and other proprietary rights. Copying, redistribution, or publication by Users or third parties is prohibited. No ownership rights acquired in content, documents, software, services, or materials. Posting information does not waive rights.

Legal Warning. Attempts to damage, tamper with, or interfere with the Site Offerings violate criminal and civil laws. The Company will pursue all remedies against offenders to the fullest extent of law and equity.

Disclaimer of Warranties: THE SITE OFFERINGS AND RELATED PRODUCTS/SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL WARRANTIES DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW (INCLUDING MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PURPOSE). SPECIFICALLY, NO WARRANTY THAT SITE OFFERINGS: (A) MEET USER NEEDS; (B) ARE UNINTERRUPTED, SECURE, ERROR-FREE, OR DEFECTS CORRECTED; (C) ARE FREE OF HARMFUL ELEMENTS; (D) ENABLE INSURANCE QUOTES; OR (E) ARE ACCURATE. SITE OFFERINGS MAY HAVE BUGS OR LIMITATIONS. NO LIABILITY FOR INTERNET CONNECTION. NO ADVICE CREATES UNSTATED WARRANTIES.

Limitation of Liability. YOU AGREE THE COMPANY IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF ADVISED), INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA (TO MAX EXTENT ALLOWED), FOR: (A) USE/INABILITY TO USE SITE OFFERINGS; (B) SUBSTITUTE GOODS/SERVICES COSTS; (C) DISPUTES WITH USERS/PROVIDERS; (D) UNAUTHORIZED ACCESS/ALTERATION OF DATA (E.G., SEARCH TERMS, REFERRERS, DEVICES, BROWSERS, PAGES, NAVIGATION, ACTIONS); (E) FAILURE TO GET QUOTES; OR (F) OTHER MATTERS. APPLIES TO ALL CAUSES, INCLUDING CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, TORTS. YOU RELEASE COMPANY FROM OBLIGATIONS BEYOND LIMITS. IF LAW PROHIBITS, MAX LIABILITY $500. NO ACTION AFTER ONE YEAR FROM EVENT. THIS IS FUNDAMENTAL TO PROVIDING ACCESS. SOME JURISDICTIONS LIMIT, SO COMPANY LIABILITY LIMITED TO MAX PERMITTED.

Copyright Policy/DMCA Compliance. The Company may terminate infringing Users' access. If you believe a work is infringed, provide: (a) authorized signature; (b) work identification/location; (c) good faith belief of unauthorized use; (d) your contact; (e) accuracy statement under perjury. Contact for claims: [email protected]; 419-750-0242; 12202 Club Dr, Tampa, FL 33612.

Third-Party Websites: Site Offerings link to third-party sites, including Third-Party Service Providers/Third-Party Links. No control over them; inclusion not endorsement. No responsibility for availability, content, or privacy. No liability for loss/damage from use/reliance.

Editing, Deleting, and Modification. The Company may edit/delete documents, info, or Content on the Site at discretion.

Use of User Information. Materials submitted via Site Offerings, including User Data, subject to Privacy Policy. See Privacy Policy.

Dispute Resolution Provisions. Agreement executed/performed in Hillsborough County, Florida; governed by Florida laws (no conflicts). Disputes under Florida statutes/common law. Parties (and Covered Parties, third-party beneficiaries) agree to arbitrate claims via JAMS Comprehensive Arbitration Rules. Company may require mass procedures for 75+ similar demands. Commence by submitting Initial Dispute Notice to [email protected]. Named Parties may offer Final Settlement. If not accepted, provide Site access proof/consent, then file Demand. For <$10,000 claims, choose in-person/phone/submissions. If award > Final Offer, Named Parties pay fees/attorney costs (if claim not frivolous). Award final; judgment enterable. No attorney fees sought unless frivolous.

You agree no class action/arbitration participation against Company/Covered Parties. Agree to injunction stopping/removing from such. Pay fees/costs for seeking. Provision independent; opt-out within 30 days of first access via written notice to [email protected].

Text Messages. Users may opt for up to 10 offers via text (including from third parties) on select days. Carriers: AT&T®, Sprint®, Verizon®, etc. Opt-out: "STOP," "END," "QUIT." Help: "HELP"; [email protected]; 419-750-0242. Message/data rates apply.

Carriers are trademarks; Company unaffiliated. No endorsement. Carriers not liable for messages.

Miscellaneous: Conflicts resolved by Agreement. Non-enforcement not waiver. No agency/partnership. Invalid portions construed legally; rest effective. Company assignable; User not. Headings for reference.

Contact Us. Questions: [email protected]; 419-750-0242; 12202 Club Dr, Tampa, FL 33612. NPN upon request. TTY 711 (Mon-Fri, 8am-5pm EST).

California Consumer Rights and Notices: California residents: Contact Complaint Assistance Unit, Division of Consumer Services, Department of Consumer Affairs: 1625 North Market Blvd., Sacramento, CA 95834; (800) 952-5210; www.dca.ca.gov.

Electronic Signatures: By submitting info or accepting, you provide binding electronic signature/agreement. Pursuant to E-Sign Act (P.L. 106-229) or similar, YOU AGREE TO ELECTRONIC SIGNATURES, CONTRACTS, RECORDS, DELIVERY. Waive requirements for original signatures, non-electronic records, or non-electronic payments/credits.