Terms of Service

1. Acceptance of Terms

By using our Services, you affirm that you are at least 18 years old or have the legal authority to accept these Terms on behalf of a minor. You also agree to comply with all applicable laws and regulations.

2. Changes to Terms

We may modify these Terms from time to time. We will notify you of any material changes by updating the "Effective Date" at the top of this page. Your continued use of our Services after any changes indicates your acceptance of the revised Terms.

3. Communication Consent

When you provide your name, email address, or phone number through our website, you may receive email or phone communications from AdviseCare Insurance related to the services you have requested, including:

• Appointment scheduling and reminders
• Medicare consultation follow-ups
• Enrollment updates and annual plan review communications
• Responses to questions you submit through our forms
• Other customer-care communications about services you have requested

You can opt out of email or phone communications at any time by replying to any email, requesting removal during a call, or contacting [email protected].

SMS / Text Messaging - Separate Opt-In Required

SMS messages are sent only if you separately opt in to SMS/text messaging by checking the SMS consent box on our contact form. SMS consent is not required to purchase or receive services from AdviseCare Insurance.

If you separately opt in to SMS/text messaging, AdviseCare Insurance may send SMS messages related to appointment reminders, Medicare consultation follow-ups, enrollment updates, annual plan review scheduling, responses to customer questions, and customer-care communications. Message frequency varies. Message and data rates may apply. Reply HELP for help or STOP to opt out.

Full SMS program terms, including frequency, supported carriers, and privacy handling, are set out in Section 3a below.

3a. SMS Program Terms & Conditions

Program Name: AdviseCare Insurance SMS Program

Program Description: AdviseCare Insurance sends SMS messages to clients and consented leads who separately opt in through our website contact form. Messages may include Medicare plan information, appointment reminders, enrollment updates, annual plan review scheduling, and responses to client inquiries.

Message Frequency: Message frequency varies based on client needs and time of year. Recipients may receive 2-10 messages per month during normal operations, with higher frequency during the Annual Enrollment Period (October 15 - December 7).

Cost: Message and data rates may apply per your mobile carrier's plan. AdviseCare Insurance does not charge for SMS messages.

HELP: Text HELP to any AdviseCare SMS number for assistance, or contact us at [email protected].

STOP: Text STOP to any AdviseCare SMS number at any time to unsubscribe from all future SMS communications. Reply START to resubscribe.

Supported Carriers: AT&T, Verizon Wireless, T-Mobile, U.S. Cellular, and most other major US carriers. Carriers are not liable for delayed or undelivered messages.

Privacy: Your information is handled according to our Privacy Policy. Mobile information, including phone number and SMS consent data, will not be shared with third parties or affiliates for marketing or promotional purposes.

4. Not a Binding Insurance Agreement

The content on this Site is for informational purposes only and does not constitute a binding agreement for insurance coverage. No insurance policy is bound, issued, or guaranteed through the use of this website. Coverage is subject to the terms, conditions, limitations, and exclusions of the applicable insurance policy. All insurance products are offered through licensed insurance carriers.

5. CMS Compliance

AdviseCare Insurance complies with all applicable Centers for Medicare & Medicaid Services (CMS) marketing guidelines. We are not connected with or endorsed by the United States government or the Federal Medicare Program. Plan availability, benefits, and premiums vary by location and are subject to change. AdviseCare Insurance represents multiple insurance carriers and does not offer every plan available in your area. For a complete list of available plans, contact 1-800-MEDICARE (TTY 711) or visit www.medicare.gov.

6. Accuracy of Information

You agree to provide accurate, current, and complete information when submitting your contact details. Providing false information may result in the inability to contact you or the termination of services. While we strive to provide accurate and up-to-date information on our website, we make no guarantees about the completeness, accuracy, or reliability of any information. Plan details, benefits, and premiums are subject to change and should be verified with the applicable insurance carrier or through official CMS resources.

7. Prohibited Activities

When using our Services, you agree not to:

• Use the Services for any unlawful purposes
• Submit false or misleading information
• Violate any intellectual property rights
• Engage in any activity that may disrupt or interfere with the functionality of the Services
• Attempt to gain unauthorized access to our systems or networks

8. Intellectual Property

All content, trademarks, and intellectual property displayed on or used in connection with our Services are owned by or licensed to Witkowski Insurance Group LLC. You may not reproduce, distribute, or create derivative works based on this content without our prior written permission.

9. Payments

AdviseCare Insurance does not directly process insurance premium payments. Payments for insurance products are made directly to the insurance carriers. Any separate service fees charged by AdviseCare Insurance are non-refundable unless otherwise stated in writing.

10. Disclaimer of Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Services will be error-free, uninterrupted, or secure. Nothing in these Terms shall limit our responsibilities or obligations as a licensed insurance agency under applicable state and federal laws.

11. Limitation of Liability

To the fullest extent permitted by law, Witkowski Insurance Group LLC will not be liable for any indirect, incidental, special, or consequential damages arising out of your use of or inability to use the Services, even if we have been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Witkowski Insurance Group LLC, its officers, directors, employees, and advisors, from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Services or violation of these Terms.

13. Third-Party Links

This Site may contain links to third-party websites. These links are provided for convenience only. We do not endorse or assume responsibility for the content or practices of any third-party sites.

14. Termination

We reserve the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including if you violate these Terms.

15. Arbitration Agreement and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Services, your consent to receive communications from us (including SMS, email, or telephone calls), or any interaction with AdviseCare Insurance, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

This agreement to arbitrate specifically includes, without limitation, any claims arising under the Telephone Consumer Protection Act (TCPA), any state consumer protection laws, or any claims relating to SMS communications, telephone calls, or email communications from AdviseCare Insurance.

The arbitration will be conducted in Hillsborough County, Florida, or via video conference at the election of the parties. The arbitrator's decision shall be final and binding.

CLASS ACTION WAIVER: You and AdviseCare Insurance agree that any arbitration or proceeding shall be limited to the dispute between us individually. YOU AND ADVISECARE INSURANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AdviseCare Insurance agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

To opt out of this arbitration agreement, you must notify AdviseCare Insurance in writing within 30 days of first accepting these Terms, via email to [email protected] with the subject line "Arbitration Opt-Out." Your notice must include your full name, address, and a clear statement that you wish to opt out of arbitration.

16. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

17. Contact Us

If you have any questions or concerns about these Terms, please contact us:

18. Acknowledgment

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF OUR SERVICES.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AdviseCare Insurance with respect to your use of our Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.