The website located at aca-www.acaadvisor.com is operated by Acosta Insurance Group, Inc. (“Acosta”, “nos”, “nos” o “nuestro”).

Please read the terms of these Website Terms of Use (“Terms of Use”) carefully. THESE TERMS OF USE ARE A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND ACOSTA, ITS AFFILIATES, AND AGENTS and apply to your use of our site located at https://www.EnterateInsurance.com any Customer Portal we make available through the site and that we operate, all associated sites linked to these terms of use by Acosta, its affiliates, and agents, and any electronic newsletters acosta provides to you that reference these terms of use (collectively, the “Website”).

By accepting these Terms of Use, you (1) acknowledge that you have read and agree to be bound by these Terms of Use; (2) represent that you are of legal age to form a binding contracts; and (3) represent that you have the authority to enter into these Terms of Use, personally of if you are entering into these Terms of Use on behalf of a company or organization (an “Entity”) on behalf of that Entity and to bind such Entity to these Terms of Use. References to “you” in these Terms of Use refer to the individual end user of the Website, the insurance applicant, and the Entity on whose behalf an individual end user is accepting these Terms of Use

By accessing, using, or registering to use the Website, you and the Entity, if applicable, agree to these Terms of Use and accept them in full; if you do not agree or if you do not have such authority, do not use the Website.

We reserve the right, in our sole discretion, to change, add or remove portions of these Terms of Use, at any time. If the changes are material, as solely determined by us, we will send you notice (the “Change Notice”) by e-mail or by posting it on the applicable page of the Website or user control panel, provided, however, that it is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting or the effective date of changes or the Change Notice will mean that you accept and agree to the changes.

1. How to Contact Us

If you have any questions, comments, concerns, or you wish to report a violation, please contact us by writing us at:

Miami, FL 33126
You may not use contact information provided on the Website for unauthorized purposes, including solicitations and marketing.

2. Privacy Statement

We care about your privacy and in making our services available via the Website, we are required to comply with all applicable federal laws, including the standards established under 45 C.F.R. § 155.220(c) and (d) and standards established under 45 C.F.R. § 155.260 to protect the privacy and security of personally identifiable information.

To learn more about how we collect, use and disclose the information you decide to share, the type of information we receive about you from third-parties, and help you make informed decisions when communicating with us through our Website, please review our Privacy Policy.

3. Existing Insurance Coverage

Do not cancel any existing insurance until you receive written confirmation from your insurance company to which you are applying that your new policy is in effect.

4. Use of Materials on the Website, Trademarks and Copyrights

4.1 4.1. Limited License to Use the Website.

As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website. To the fullest extent permitted under our contract with the Centers for Medicare & Medicaid Services (“CMS”), we reserve the right, without notice and in our sole discretion, to terminate your license to use the Website, Content, and Materials and to block or prevent future access to and use of the Website, Content or Materials.

4.2 4.2. Ownership of Content.

You acknowledge and agree that all content on the Website, including, without limitation, text, images, user interfaces, visual interfaces, graphics, trademarks, logos, sounds, source code and computer code, including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and any and all arrangement thereof (collectively, the “Content”), is the exclusive property of and owned by us or our licensors and is protected by copyright, trademark, trade dress and various other intellectual property rights and unfair competition laws. These marks and copyrights may not be copied, imitated, or used, in whole or in part, without the express prior written permission from their respective owners, and then with the proper acknowledgments. Nothing on the Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described herein.

4.3 4.3. Access Material on the General Website

You may access, copy, download, and print the material, such as, for example, knowledge base articles, service descriptions, white papers, and similar materials (collectively, the “Materials”) purposely made available by us for downloading from the portion of the Website that is not secured by a username and password (“General Website”) for your personal, non-commercial use and for use by the Entity for its internal business purposes, provided you do not (i) modify or delete (including through selectively copying or printing material) any copyright, trademark, or other proprietary notice that appears on the material; and (ii) make any additional representations or warranties relating to such materials.

4.4 4.4. Access Material in Customer Portal.

To the extent a customer portal (“Customer Portal”) is made available to you, we grant you a non-exclusive, non-transferrable, revocable, limited privilege to access, copy, and print the material contained in the Customer Portal provided that (a) you obtained lawful and authorized access to the Customer Portal and such use complies with (1) these Terms of Use, and (2) if you are representing an Entity, your organization’s policies and procedures that may apply to your use of the Customer Portal; (b) you do not modify or delete (including through selectively copying or printing material) any copyright, trademark, or other proprietary notice that appears on the material; and (c) you do not make any additional representations or warranties relating to such materials.

4.5 4.5. Certain Uses Prohibited..

Any other use of Content or Material on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, encoding, transfer or sale of, or the creation of derivative works from, any material, information, software, documentation, products or services obtained from the Website, or use of the Website is expressly prohibited. Further, you or third parties acting on your behalf will not use our name or trademarks and service marks as meta tags, without our express written consent. You may not use any Content or Material from the Website in any meta tags or any other “hidden text” techniques or technologies without our express written consent.

4.6 4.6. Retention of Rights.

We, our licensors or content providers, retain full and complete title to any and all materials provided on the Website, including any and all associated intellectual property rights.

4.7 4.7. Restrictions.

We and our licensors, as applicable, retain all right, title, and interest in and to the Website and any materials thereon and any Content therein and all rights not expressly granted in these Terms of Use are reserved. You will not, nor will you permit anyone else over which you exercise control to (a) except as set forth in Section 3, copy or reproduce the Website, Content or Materials in whole or in part; (b) modify, translate or create derivative works of the Website, Content or Materials; (c) reverse engineer, decompile, disassemble or otherwise attempt to gain the source code to the Website or any Acosta software used in connection with the Website or its services, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) distribute (except as expressly permitted in this Section 3), sublicense, assign, share (except as expressly permitted in this Section 3), timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes or otherwise transfer the Website; (e) export, re-export, divert or transfer the Content or Material to any country that is embargoed by the United States or designated by the U.S. Government as a “terrorist supporting” country; (f) unless expressly authorized by us in writing, authorize or undertake a penetration test, vulnerability scan, social engineering test or any other similar activity against the Website; (g) interfere with or attempt to interfere with the proper functioning of the Website; (h) access the Website, Content or Materials to build a competitive product or service; or (i) violate these Terms of Use. Any unauthorized use of the Website, Content or Materials terminates the licenses and authorizations granted by us pursuant to these Terms of Use. You may not upload commercial content onto our Website.

5. 5. Communication and Third Party Fees

5.1. 5.1. Communication Means.

We may communicate with you through one or more of the following means: mail, landline phone, cellular phone, e-mail, and text message. By providing us with your mailing address, cellular or landline phone number, or our e-mail address, you consent to us using such means to contact you.

5.2. Authorization to send text messages and make automated phone calls.

(A)You understand that in order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number(s) (including a wireless number or ported landline phone number) you have provided to us. We may place such calls or texts to (i) discuss any past, current or future services provided by us, (ii) discuss the accounting, billing or financial information (such as insurance information and fees) for past, current or future services provided by us or for your qualified health plan, or (iii) collections of any past due amounts. You agree that we and our serviceproviders, may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we identified in these Terms of Use and the Privacy Policy. We may share your phone number(s), including your wireless number, with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. (B)You understand that standard telephone minute and text charges may apply.
(C)We and our service providers will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent.
(D)You do not have to consent to receive autodialed or prerecorded message calls or texts to receive services from us. Where we are required to obtain your consent for such communications, you may choose to revoke you consent by contacting us using one of the contact options located on our Contact Us page and informing us of your preferences.

5.3. 5.3. Your Responsibility for Third Party Fees.

You will be solely responsible for any charges or expenses you may incur to access or use the Website, Content or Materials, including any charges for communications lines, wireless phone charges, or mobile devices.

6. Submissions and Postings

6.1. Responsibility for Submissions.

(A)To the extent that we allow submissions on or through the Website, you acknowledge that you are responsible for any material you may submit via the Website, including the copyright, legality, reliability, appropriateness, and originality of any such material.
(B)You represent and warrant (and we rely on your representation and warranty) that (i) you own or otherwise control all the rights or have sufficient rights to the information you post or submit or that such items are known to you to be in the public domain and that the information is not confidential, proprietary, incorrect, or infringing on intellectual property rights; (ii) the information is accurate; (iii) the information does not constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability; (iv) use of the information you supply does not violate any provision in these Terms of Use or terms you may have agreed to with a third party, and will not cause injury to any person or entity; (v) the information is not defamatory, libelous, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent, or abusive; (vi) the information does not materially violate any law, statute, ordinance or regulation; and (viii) you will indemnify us for all claims resulting from information you supply, including arising from an action alleging infringement of copyright or other proprietary rights in such work.

6.2. Authorization to Use Submitted Material

(A)If you do submit material via the Website, you grant us and our affiliates throughout the world in any media an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, transferrable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display any and all material (a) not subject to protections pursuant to (i) our agreement with CMS, and (ii) applicable state and federal law, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”), the Health Information Technology for Economic and Clinical Health (“HITECH”), and their implementing regulations (collectively with HIPAA and HITECH, the “Privacy Laws”) (the “Non-HIPAA Materials”); and (b) not otherwise contrary to our Privacy Policy.
(B)You agree and we agree that all material subject to protections under the Privacy Laws will be treated in accordance with our agreement with CMS and the applicable Privacy Laws.
(C)To the fullest extent permissible under our agreement with CMS and applicable state and federal law, we retain any and all rights granted in these Terms of Use in and to any user submitted information or Non-HIPAA Materials after termination, notwithstanding the reason for any such termination.

6.3. 6.3. Feedback.

You agree that submission of any ideas, suggestions, documents, or proposals to us through our suggestion form, feedback form, wiki, forum, support email, or similar means (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, and nonexclusive right and license to use, copy, reformat, display, perform, modify, disclose, distribute, adapt, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, provided that nothing in the foregoing will serve to otherwise minimize our obligations under the Privacy Laws, if any, to any such Feedback.

6.4. 6.4. Right to Remove Material.

TWe have an absolute right to remove any material from the Website in our sole discretion at any time and for any reason.

7. Conduct on the website

7.1. 7.1. Registration.

Some features that may be available on the Website require registration. By registering at and in consideration of your use of the Website and our services, you agree to provide true, accurate, current, and complete information about yourself, the applicant, and any dependents, if applicable. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any information.

7.2. Username and Password.

(A)Some features on the Website may require use of a username and password. Given the types of services being provided, you agree and acknowledge that you must take appropriate administrative, technical, and physical security measures to protect the data in the Customer Portal, if any, by, for example, protecting your password, using secure Wi-Fi or VPN, using an antivirus software on your computer and mobile device, using a firewall on your computer, locking your mobile device and your computer, and using any and all other appropriate and reasonable practices.
(B)You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your username and password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your username and password, your device, or your access to the Website was compromised, you must immediately notify us by e-mail using the appropriate means set out on Contact Us page, with attention to our Security Officer. We may assume that any communications we receive under your username and password were made by you unless we receive written notice from you otherwise.

7.3. 7.3. Use of Website.

You or third parties acting on your behalf are not allowed to use frames or framing techniques to enclose any portion of the Website without our express written consent.

7.4. Prohibited Conduct

(A)You expressly agree to refrain from doing either personally or through an agent, any of the following: (i) use any device or other means to harvest or attempt to harvest information about other users; (ii) transmit, install, upload or otherwise transfer any virus or other item or process to the Website that in any way affects the use, enjoyment or service of the Website, or any user’s computer or other medium used to access the Website; (iii) modify the information, including headers, found on the Website; (iv) transmit, install, upload or otherwise transfer to the Website any unauthorized advertisement or communication; (v) engage in any action which we determine in our sole discretion is detrimental to the use and enjoyment of the Website; or (vi) transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States.
(B)You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data, or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

8. Hyperlinks and Third Party Websites

8.1. 8.1. No Endorsement

The Website may contain links to other websites and third party services. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of a link on our Services to a website or third party service does not imply endorsement of the linked site or service by us, our affiliates, or third-party vendors.

8.2. 8.2. No Control.

We have no control over third party websites and make no claim or representation regarding such websites. To the fullest extent permissible under applicable law, we disclaim all responsibility for, the quality, content, nature, or reliability of any websites accessible by hyperlink from the Website, or sites linking to our Website.

9. Infringement Notice

9.1. 9.1. Notification of Copyright Infringement.

(A)We respect the intellectual property rights of others and request that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us in writing to the e-mail address or mailing address provided on our Contact Us page with attention to Copyright Agent.

(B)To be effective, your notification must be in writing, include your contact information, provided to our copyright agent, and include: (i) signature of a person authorized to act; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing including references to the location of the material on the Website; and (iv) comply with all other requirements of the Digital Millennium Copyright Act, if any.

9.2. 9.2. Notification of Other Intellectual Property Infringement.

If you believe your non-copyright intellectual property rights were violated, please notify us in writing to the e-mail address or mailing address provided on our Contact Us page with attention to General Counsel.

10. Indemnification

You agree to indemnify and hold Acosta and its parents, subsidiaries, affiliates, officers, employees, agents, subcontractors, partners and licensors (collectively, the “Acosta Parties”) harmless from any losses, costs, liabilities, government investigations and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) any data you submit to or through the Website; (b) your use of, or inability to use, the Website; (c) your violation of these Terms of Use; (d) your violation of any rights of another party; or (e) your material violation of any applicable laws, rules or regulations. Acosta reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Acosta in asserting any available defenses.

11. Disclaimers

11.1. General Disclaimers.

(A)You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the Website, Content, Materials and our services is at your sole risk and the Website, Content, Materials and our services are provided on an “as is” and “as available” basis, with all faults. The Acosta Parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied,including, but no limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, and warranties implied from a course of performance or course of dealing.

(B)The Website offers small businesses and consumers a means to research various health insurance policies and options offered by participating insurance carriers. Notwithstanding any language to the contrary, nothing contained herein constitutes nor is intended to constitute an offer, inducement, promise, or contract of any kind, or a recommendation to purchase insurance from any particular insurance company at any particular level of benefits.

(C)The Acosta Parties make no warranty, representation or condition that: (1) the Website will be uninterrupted, timely, or error-free; (2) that the Website will be secure, provided that Acosta uses commercially reasonable efforts to secure the Website and materially complies with its privacy and security obligations pursuant to its agreement with CMS; (3) any errors in the Website will be corrected; or (4) that your use of the Website will not result in the loss of, or damage to, your information. The website may be subject to delays, cancellations, and other disruptions. The Acosta Parties assume no responsibility for the timeliness, deletion, mis-delivery or failure to store your information through the Website.

11.2. 11.2. Accuracy of Insurance Information.

While Acosta intends that the general and insurance specific information contained in this Website is accurate, complete, and reliable, you agree and understand that the insurance information displayed on the Website is provided by third-parties over which Acosta has no control. Accordingly, Acosta makes no warranties or representations as to the accuracy, timeliness or completeness of the Website or any materials therein or that the Website or any materials therein will meet your requirements.

11.3. 11.3. No Warranties Created.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACOSTA, ANY AGENTS OR BROKERS USING THE WEBSITE, OR THROUGH OR FROM THE WEBSITE, CONTENT, or materials WILL CREATE ANY WARRANTY OF ANY KIND. Acosta disclaims any and all lability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Website or our services.

11.4. 11.4. Sole Remedy.

Your sole remedy against Acosta for dissatisfaction with the Website or its services is to stop using the Website and its services. This limitation of relief is a part of the bargain between the parties.

11.5. 11.5. Reservation of Rights.

Acosta reserves the right to restrict or terminate your access to the Website or any feature or part thereof at any time and for any reason. Acosta further reserves the right to do any of the following, at any time and without notice: (a) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (b) to modify or change the Website, or any portion of the Website, and, except as otherwise provided in these Terms of Use or the Privacy Policy, any applicable policies or terms; and (c) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or make other changes.

11.6. 11.6. Impact of Jurisdiction and Relief.

In certain jurisdictions, the law may not permit or may limit the disclaimer of warranties, so the above disclaimer may not apply to you and may be limited in its application. Termination of your access or use will not waive or affect any other right or relief to which Acosta may be entitled at law or in equity.

12. Limitation of Liability

12.1 12.1. Special Damages.

Except where prohibited by law, in no event will the Acosta Parties be liable to you for any indirect, consequential, punitive, exemplary, incidental, special, or other damages, including without limitation, damages for loss of goodwill, reputation, lost profits, lost data, lost opportunities, lost or underpaid tax credit or premium savings, failure to provide timely notice of renewal or in any way relating to these Terms of Use or resulting from any use of, or inability to use, the Website; any other site you access through a link on the Website; any defamatory, offensive, or illegal conduct of any use of the Website; including the failure of essential purposes, even if we have been notified of the possibility or likelihood of such damages occurring, and whether such liability is based on contract, tort, negligence or any other cause of action.

12.2 12.2. Cap on Liability.

If, notwithstanding the other provisions of these Terms of Use, Acosta is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or our services, Acosta’s liability will in no event exceed the greater of (a) the cumulative total of the health insurance premium that you paid for insurance from the Federally Facilitated Exchange in the three months prior to the date of the initial claim made against Acosta (but not including any advance payments of the premium tax credit, cost-sharing reductions, or any other similar benefit), or (b) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

13. GOVERNING LAW AND JURISDICTION

The laws of the State of Florida, without regard to any conflicts of laws principles thereof, will govern the construction and interpretation of these Terms of Use and the rights of the parties hereunder. The parties hereunder agree on behalf of themselves and any person claiming by or through them that the exclusive jurisdiction and venue for any action or proceeding arising out of or relating to these Terms of Use will be an appropriate state or federal court located in Miami-Dade County, Florida and each party irrevocably waives, to the fullest extent allowed by applicable law, the defense of an inconvenient forum. We strive to provide you with excellent services.

If you believe that we have not met this goal or that we did not comply with these Terms of Use, please contact us using one of the means set forth on the Contact Page to give us the opportunity to address your concern.

14. Changes to These Terms of Use

We may change this these Terms of Use from time to time. Please take a look at the “Last Modified” legend at the top of this page to see when these Terms of Use were last revised. Any non-material changes to these Terms of Use will become effective when we post the revised Terms of Use on the Website. When we change these Terms of Use in a material way, we will either (a) post a notice on this website along with the updated Terms of Use, or (b) send you an e-mail to the e-mail address we have for you with a link to the updated Terms of Use. Your use of the Website following the non-material changes or 10 days after any material changes means that you accept the revised Terms of Use.

15. Official Version of these Terms of Use

We may make these Terms of Use available in multiple languages. In the event of a dispute between us regarding the interpretation or application of the terms and conditions of these Terms of Use, the English language version of these Terms of Use will be controlling. All proceedings related to these Terms of Use will be conducted in the English language.

16. General Terms

16.1. 16.1. Admissibility.

A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based on or relating to use of the Website or our services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16.2. 16.2. Severability and Waiver.

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, for any reason, the remaining provisions will remain in full force and effect to the fullest extent under applicable law.

16.3. 16.3. Force Majeure.

We will not be liable for any delay or failure to perform resulting from causes outside our commercially reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, or delays in regulations.

16.4. 16.4. Notice.

In the event you must provide us notice, you will give notice to us at the mailing address set forth in Section 1. Such notice will be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail. In the event we must provide notice to you, we will provide such notice to the e-mail address we have on file for you. You are responsible for providing us with your most current e-mail address. In the event do not have an e-mail address on file for you, we will provide you notice to the last mailing address you provided to us. In the event that the last e-mail address or mailing address you provided to us is not valid, or any notices delivered under these Terms of Use are returned, our dispatch of the e-mail or by mail containing such notice will nonetheless constitute effective notice to the fullest extent permissible under applicable law.

16.5. 16.5. Third Party Beneficiary.

Nothing express or implied in these Terms of Use or the Privacy Policy is intended to confer, nor will anything herein confer, upon any person other than you, Acosta or Acosta’s respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. You expressly acknowledge that you are not an intended third party beneficiary of the agreement between CMS and Acosta and have no right to enforce and terms or conditions therein, except to the extent any such private right of action is expressly granted by applicable federal law.

17. Licensing

Acosta Insurance Group, Inc., 8000 NW 7 Street, Ste. 202, Miami, FL 33126, its affiliates, or its licensed agents are licensed in the following jurisdictions. Acosta Insurance Group, Inc. is a licensed agent/broker in each state that requires health insurance transactions to be conducted through a licensed agent/broker.

State	Agent/Agency	License No.
California	Acosta Insurance Group d/b/a California Insurance Agency	0K64091
Florida	Acosta Insurance Group, Inc.
Texas	Acosta Insurance Group, Inc.	2047839