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Terms of Use Agreement

Last Updated: effective date

THESE TERMS OF USE INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION, A WAIVER OF THE RIGHT TO A JURY TRIAL, AND A WAIVER OF CLASS ACTIONS. THESE AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE DISPUTE RESOLUTION SECTION BELOW. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS EXPLAINED THERE. Attorney review

This website is owned by legal entity name, doing business as Oinkbound. This Terms of Use Agreement (the "Agreement") applies to every website that Oinkbound owns or operates and that displays or links to this Agreement, including Oinkbound domain and pickhealthadvisor.com (each a "Site"), and to every service offered through a Site or by phone, however you reach it (the "Services"). Some parts of this Agreement limit your legal rights, including how disputes are resolved, so please read all of it.

By visiting or using a Site or the Services, you confirm that you have read and agree to this Agreement and to our Privacy Policy, which is part of this Agreement. If you do not agree, please do not use the Sites or Services. When you submit a request on a Site, the consent text shown next to the button you click also tells you that you agree to this Agreement. Attorney review today the consent sentence does not mention these terms, so they may not bind a visitor; decide whether the button consent should say "and agree to the Terms of Use" and whether the agreed version should be stored with each request.

In this Agreement:

We may change the Sites or this Agreement at any time. Changes take effect when we post them, and the "Last Updated" date above will show when. Please check this Agreement each time you use the Sites. If you keep using the Sites or Services after a change, you accept the changed Agreement; a change to the Dispute Resolution section works as described in that section. The Sites and Services are intended only for people who are at least 18 years old and located in the United States. By using them, you confirm that you are.

Some Services have their own additional terms, such as our Agent Terms of Use, Widgets Terms of Use, and Reviews & UGC Terms of Use ("Additional Terms"). Additional Terms that apply to a Service you use are part of this Agreement. Where Additional Terms and this Agreement disagree, the Additional Terms win for that Service.

Privacy Policy

Our Privacy Policy explains how we collect, use, sell and protect personal information, and is part of this Agreement. Residents of some states should also read our State Privacy Notice and Consumer Health Data Privacy Policy. By giving us personal information, you understand that we will use and disclose it as the Privacy Policy describes, including selling your Request to one licensed insurance agent. Some laws require us to keep certain records, such as proof of your consent to be contacted, for a set time, and we may not be able to delete those records until that time has passed.

Security Policy

Our Security Policy describes how we protect the information you give us, and is part of this Agreement.

Electronic Communications and Notices

Our Consent for Electronic Disclosures and Communications explains your agreement to receive notices, disclosures and records from us electronically and to do business with us electronically, and is part of this Agreement.

Ownership Rights

Oinkbound owns or is licensed to use everything on the Sites, including text, graphics, illustrations and characters, photographs, video, audio, logos, trademarks, page layout and design, data, and software code (the "Content"). The Content is protected by copyright, trademark and other laws. Except as this Agreement expressly allows, you may not copy, republish, distribute, display, sell, frame, or otherwise exploit any part of the Sites or Content, by hand or by automated means, without our prior written permission. You may view and print pages for your own personal, non-commercial use. All rights not expressly granted to you are reserved. Names and logos of insurance companies shown on a Site belong to those companies and appear only to show which plans an Agent may be able to discuss; their appearance does not mean those companies endorse us.

Code of Conduct

You are responsible for how you use the Sites and Services. You agree that you will not:

  1. Submit false or misleading information, submit a Request using someone else's name, phone number or email without their permission, or submit a Request for anyone other than yourself or your own household.
  2. Submit Requests in bulk, by automated means, or for payment or any other reward, or submit fake Requests of any kind.
  3. Remove or hide any copyright, trademark or other notice on the Sites, or copy, modify, reverse engineer or decompile any part of the Sites or Services.
  4. Break, overload, interfere with, or try to gain unauthorized access to the Sites, the Services, our systems, or another person's information or account.
  5. Pretend to be another person or business, or misstate your connection with anyone.
  6. Use the Sites or Services for any unlawful purpose, or in a way that violates the rights of Oinkbound or anyone else.
  7. Collect information about other users, or send spam or unsolicited messages through the Sites.
  8. Scrape, crawl, index, mine or extract data from the Sites by automated means, except as allowed under "Automated Access and Artificial Intelligence Systems" below.
  9. Use the Sites, Content or Services to train an artificial intelligence or machine learning model, or build a dataset for that purpose, without our prior written permission.

Reviews and User-Generated Content

Our Reviews & UGC Terms of Use govern anything you post, submit or share with us, including reviews, comments, testimonials, and posts on our social media pages, and are part of this Agreement.

If you believe something on a Site infringes your copyright, send a notice to legal notices email that includes:

register a designated copyright agent with the U.S. Copyright Office and list the agent's details here.

AI Voice Agent and Automated Assistants

When you call a number shown on a Site, or when we call you, you may speak with an AI voice agent: software that understands and answers spoken questions without a person on the line. By using it, you understand that you are talking to an automated system, not a person and not a licensed insurance agent.

The AI voice agent is limited to taking your Request, answering basic questions about how our service works, and connecting you with a person or an Agent. It cannot quote prices, tell you whether you qualify for a plan, program or subsidy, or describe a specific plan's benefits, and nothing it says is insurance, tax, legal or medical advice. Automated systems can make mistakes, so please confirm anything important with the licensed Agent who contacts you. You can ask for a person at any time. Calls are recorded, and you agree that we may use recordings and transcripts as described in our Privacy Policy. Please do not share Social Security numbers, payment details or medical history with the AI voice agent.

Automated Access and Artificial Intelligence Systems

Search engines and AI answer tools may access and index the public pages of our Sites in order to show search results, short excerpts, or summaries to their users, as long as they identify Oinkbound or the relevant brand as the source and link back to the page the information came from. We may limit or withdraw this permission at any time, including through our robots.txt file. Nothing in this section permits anyone to submit Requests by automated means, to collect personal information, or to use the Sites or Content to train an artificial intelligence or machine learning model.

The Sites link to websites run by others, such as HealthCare.gov, state Medicaid agencies, the National Insurance Producer Registry license lookup, and an Agent's scheduling page ("Third-Party Sites"). We provide these links for your convenience only. We do not control Third-Party Sites, and a link is not an endorsement of the site or of anyone who runs it. Your use of a Third-Party Site is governed by its own terms and privacy policy, and we are not responsible for its content, accuracy, availability or practices.

Widgets

Our Widgets Terms of Use govern any Oinkbound widget, badge or embeddable form that a website owner places on their own site, and are part of this Agreement for anyone who uses one.

Disclaimers

Attorney review

THE SITES, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT THE LAW ALLOWS. OINKBOUND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT AN AGENT WILL CONTACT YOU, OR THAT YOU WILL BE OFFERED OR QUALIFY FOR ANY COVERAGE, PRICE OR PROGRAM. WE ARE NOT RESPONSIBLE FOR DELAYS OR ERRORS IN DELIVERING YOUR REQUEST CAUSED BY INCORRECT INFORMATION YOU GIVE US OR BY PROBLEMS OUTSIDE OUR REASONABLE CONTROL. MENTIONING AN INSURANCE COMPANY, PLAN, PRODUCT OR PROGRAM ON THE SITES IS NOT A RECOMMENDATION OR ENDORSEMENT OF IT. YOU USE THE SITES AND SERVICES AT YOUR OWN RISK.

BECAUSE SOME STATES LIMIT HOW WARRANTIES CAN BE DISCLAIMED, PARTS OF THIS SECTION MIGHT NOT APPLY TO YOU, AND YOUR STATE MAY GIVE YOU ADDITIONAL RIGHTS. THESE DISCLAIMERS DO NOT APPLY TO THE EXTENT THE LAW DOES NOT ALLOW THEM.

Indemnity

Attorney review

To the extent the law allows, you agree to defend, indemnify and hold harmless Oinkbound and its owners, officers, employees, contractors and agents from any third-party claim, loss, liability, damage or expense, including reasonable attorneys' fees, that arises from: (1) your breach of this Agreement; (2) your violation of any law or of anyone else's rights; or (3) false information you submit, including a Request made in another person's name or with another person's phone number. We may take over the defense of any such claim at our own expense, and if we do, you agree to cooperate with us. You may not settle such a claim without our written consent.

Limitation of Liability

Attorney review

TO THE FULLEST EXTENT THE LAW ALLOWS, OINKBOUND WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SITES, CONTENT OR SERVICES, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. decide whether to add an overall dollar cap on liability. OINKBOUND IS NOT RESPONSIBLE FOR THE ACTS, ADVICE, PRODUCTS OR SERVICES OF ANY AGENT OR INSURANCE COMPANY.

NOTHING IN THIS AGREEMENT LIMITS ANY LIABILITY OR ANY RIGHT YOU HAVE AS A CONSUMER THAT THE LAW DOES NOT ALLOW TO BE LIMITED. WHERE A STATE DOES NOT ALLOW CERTAIN DAMAGES TO BE EXCLUDED OR LIMITED, OUR LIABILITY IS LIMITED ONLY AS FAR AS THAT STATE'S LAW ALLOWS.

Dispute Resolution (Including Arbitration Agreement, Jury Trial Waiver and Class Action Waiver)

Attorney review this entire section. Open questions include whether it binds visitors at all (see the acceptance paragraph above), whether AAA or JAMS should administer, whether Oinkbound should pay the consumer's filing fee, whether to add mass-arbitration procedures, and whether it should also cover claims against the Agent who contacts you.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND OINKBOUND TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO BRING OR JOIN A CLASS ACTION. IN ARBITRATION, A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, DECIDES THE DISPUTE; THE PARTIES EXCHANGE LESS INFORMATION BEFORE THE HEARING AND MORE LIMITED REVIEW BY A COURT THAN IN A LAWSUIT. YOU CAN OPT OUT AS EXPLAINED BELOW.

Who this section covers

This section covers disputes between you and Oinkbound only. It does not cover a dispute between you and an Agent or an insurance company, unless that Agent or company has its own agreement with you that says otherwise.

Arbitration Agreement

If we cannot resolve a dispute informally as described below, you and Oinkbound agree to resolve any dispute, claim or controversy arising out of or relating to the Sites, the Services, this Agreement, our communications with you (including calls and texts), or our privacy practices (each a "Dispute") by final and binding arbitration on an individual basis. This includes Disputes about whether this arbitration agreement applies, is enforceable, or was formed, which the arbitrator decides, except where this section says a court decides.

Exceptions

Even with this arbitration agreement, you and Oinkbound each keep the right to:

Nothing in this section waives a right to seek public injunctive relief where the law does not allow that right to be waived.

Opting Out of Arbitration

You may reject this arbitration agreement by sending us a written notice within 30 days after you first agree to this Agreement (for example, by submitting a Request). Send it by email to legal notices email or by mail to legal entity name, Attn: Arbitration Opt-Out, mailing address. Include your name, the phone number and email address you used with us, and a clear statement that you reject arbitration. Opting out leaves the rest of this Agreement in place, and it does not affect any other arbitration agreement you may have with us.

Overview of the Process

Disputes are resolved in two steps: first, an informal attempt to settle the Dispute directly with each other; second, if that fails, arbitration, or small claims court where allowed.

Informal Dispute Resolution

Most disagreements can be settled quickly and cheaply by talking. Before starting arbitration, the party with the Dispute must send the other a written notice that includes the sender's name and contact details, the phone number and email address used with the Sites (for a notice from you), a description of the Dispute, and the relief requested. Send your notice to legal entity name, Attn: Legal Notices, mailing address, or to legal notices email. We will send any notice to you at the email or postal address we have for you.

For 30 days after the notice is received, both of us will try in good faith to resolve the Dispute, which may include a phone or video call. Any deadline for bringing a claim is paused during those 30 days. confirm 30 days; LendingTree uses 60.

Starting Arbitration

If the Dispute is not resolved within 30 days, either party may start arbitration by filing a demand with the arbitration administrator and sending a copy to the other party. The demand must describe the Dispute and the relief requested and confirm that the informal process above was completed.

Arbitration Rules and Governing Law

This arbitration agreement involves interstate commerce and is governed by the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at adr.org. confirm AAA; LendingTree uses JAMS. The arbitration will be held by video or phone, or, if an in-person hearing is needed, in the county where you live. The arbitrator may award the same individual relief a court could award, but only to you individually and only as needed for your individual claim.

Arbitrator's Decision

The arbitrator will issue a written decision explaining the essential findings and conclusions. Judgment on the award may be entered in any court with jurisdiction. The award decides only the Dispute between you and Oinkbound and has no effect on any other dispute or person.

Arbitration Fees

Fees are paid as the AAA Consumer Arbitration Rules provide, which limit the amount a consumer pays. decide whether Oinkbound will pay any part of the consumer's filing fee. If the arbitrator decides a claim had no reasonable basis or was filed to harass, the arbitrator may reallocate fees as those rules allow.

Mass Arbitration

ATTORNEY REVIEW - decide whether to include procedures for many similar claims filed at once (for example, 25 or more by the same or coordinated lawyers), such as batching them for administration. LendingTree's terms include such procedures. Draft only with counsel.

Jury Trial Waiver

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND OINKBOUND EACH GIVE UP THE RIGHT TO A JURY TRIAL.

Class Action Waiver

YOU AND OINKBOUND MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If a court decides that this waiver cannot be enforced for a particular claim or request for relief, that claim or relief will be decided by a court, not in arbitration, after any individual arbitration is finished, and never in a class arbitration.

Changes to This Section

If we change this Dispute Resolution section after you last agreed to this Agreement, you may reject the change by sending us written notice to the address or email in "Opting Out of Arbitration" within 30 days after the change is posted. If you do, the version you last agreed to continues to apply to you. A change never applies to a Dispute that one of us had already given notice of before the change was posted.

Severability of This Section

If any part of this arbitration agreement is found unenforceable, that part is removed and the rest still applies, except as stated in "Class Action Waiver" above.

Survival

This Dispute Resolution section continues to apply after you stop using the Sites or Services and after this Agreement ends.

Governing Law

Attorney review

The Federal Arbitration Act governs the arbitration agreement. Everything else in this Agreement is governed by the laws of the State of state, for example Florida, without regard to its conflict-of-laws rules, except where the law of your state of residence requires otherwise. If a Dispute is not subject to arbitration, it will be decided by the state or federal courts located in county and state, unless the law requires another court, and you and Oinkbound agree to those courts' jurisdiction.

Entire Agreement

This Agreement, together with the policies and Additional Terms it refers to, is the entire agreement between you and Oinkbound about the Sites and Services and replaces any earlier agreement or understanding about them. If you are an Agent, your signed lead purchase agreement with us also applies and controls over this Agreement where they conflict.

Severability

If any provision of this Agreement is found unlawful, void or unenforceable, it will be enforced as far as the law allows and the rest of the Agreement stays in effect, except as the Dispute Resolution section provides for that section.

No Waiver Unless in Writing

If we do not enforce a right or provision of this Agreement, that does not waive it. A waiver is effective only if it is in writing and signed by us.

Opt-Out Instructions

You may stop calls and texts from Oinkbound at any time by:

We will stop, and we will tell the Agent who received your Request to stop too. Because the Agent is a separate business, you may also ask the Agent directly; the Agent must honor your request under its agreement with us and under the law. If you submit a new Request later, you are giving new consent to be contacted about that Request, and you would need to opt out again.

If we send you marketing email, you may unsubscribe at any time using the link in the email or by emailing support email address.

Terms Applicable to All Services

Oinkbound is a marketing lead generator. Our Sites let you ask to be connected with a licensed insurance agent about health coverage. When you submit a Request, we sell it to one Agent licensed in your state, and that Agent contacts you. The Services are free to you.

Oinkbound is not an insurance company, insurance agency or insurance agent, and it does not sell, solicit, negotiate, quote or bind insurance. It does not decide whether you qualify for any plan, price, subsidy or government program. Any quote, plan recommendation or eligibility answer comes from the Agent, the insurance company, or a government agency.

A Request is not an application for insurance and does not create coverage. No coverage exists until an insurance company approves an application and issues a policy in writing. Submitting a Request does not guarantee that an Agent will contact you, that you will be offered any plan, or that any price or plan you see advertised will be available to you.

Agents pay Oinkbound for each Request we deliver to them. We are paid the same whatever plan you choose and whether or not you buy one. If you buy a plan through an Agent, the insurance company may pay the Agent a commission. Any plan you discuss comes from an insurance company that works with that Agent; no single Agent offers every plan available where you live.

Oinkbound is not your agent and is not the Agent's representative in any discussion with you. You should rely on your own judgment, and on the advice of the licensed Agent, in choosing coverage. Agents are independent businesses, not our employees, and are responsible for their own advice, products and conduct. You can verify an Agent's license at the National Insurance Producer Registry (nipr.com) or with your state's department of insurance.

By submitting a Request, you confirm that the information you give is true, accurate and complete, and that the phone number and email are your own. Inaccurate information can delay your Request, and inaccurate information given to an insurance company can affect or void coverage.

The Services are available in the 50 states and the District of Columbia. Agents are licensed state by state, and plans vary by state and by time of year, so what is available to you depends on where you live. We may change, suspend or stop any Site or Service at any time.

Terms Applicable to Health Insurance Request Services

Our consumer Sites serve people under 65 who are looking for individual and family health coverage, including Affordable Care Act Marketplace plans and private plans. They do not connect anyone with Medicare plans. If you are 65 or older, a Site will point you to Medicare.gov, 1-800-MEDICARE, and your State Health Insurance Assistance Program for free help.

The Sites are not connected with, endorsed by, or acting for any government agency, including the U.S. Department of Health and Human Services, the Centers for Medicare & Medicaid Services, HealthCare.gov, any state marketplace, Medicare or Medicaid. If a Site suggests you may be eligible for a government program such as Medicaid, that is a prompt to check with the agency, not a decision. You can apply for those programs yourself, free, on the agency's own website.

Consent to be contacted. Attorney review When you click the submit button on a Request Form, next to which the consent wording is displayed, you agree, and sign electronically, that Oinkbound and the one licensed insurance agent who receives your Request may call and text you at the phone number you entered about health insurance, including calls and texts made with an automated system for the selection or dialing of telephone numbers and calls that use an artificial or prerecorded voice. An artificial voice includes a voice generated by artificial intelligence. Message and data rates may apply. You are not required to agree as a condition of buying any property, goods or services. Because you gave express written consent, Oinkbound and that Agent may call you even if your number is on a do-not-call registry. You may withdraw consent at any time as explained in "Opt-Out Instructions." The exact wording shown to you, which names the Agent, is the wording that applies, and we keep a record of it. confirm SMS status before launch; today our Sites do not send text messages.

Terms Applicable to Agent Accounts

If you are a licensed insurance agent or agency, our Agent Terms of Use also apply to you. Buying Requests from Oinkbound requires a separate signed lead purchase agreement, which controls over this Agreement where they conflict. lead purchase agreement not yet drafted; see attorney list.

Contact

Questions about this Agreement? See Contact Us.