Terms and Conditions
TERMS AND CONDITIONS OF USE FOR THIS WEBSITE AND OUR SERVICE
THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU, THE USER, AND US (THE OWNER OR OPERATOR OF THIS WEBSITE), AND IS A CONDITION TO YOUR USE OF THIS WEBSITE AND YOUR SUBMISSION OF INQUIRIES AND REQUESTS FOR INFORMATION. BY CLICKING “SUBMIT” OR SIMILAR BUTTON ON THE ONLINE INQUIRY OR REQUEST FORM, YOU AGREE TO BE BOUND TO THESE TERMS AND PROVIDE YOUR ELECTRONIC SIGNATURE ON THESE TERMS. YOU AGREE THAT EACH INTERACTION BETWEEN YOU AND THIS WEBSITE IS SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS YOU MAY NOT USE THIS SERVICE OR SUBMIT ONLINE FORMS OR REQUESTS FOR INFORMATION.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR TO PARTICIPATE IN OR BRING CLASS ACTIONS . YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
NextGen Leads LLC (“we” or ”NextGen”) is a lead generator, with its principal office at 701 B Street, Unit 1255, San Diego, CA 92101, and receives a fee from third parties for matching your inquiry with them. We do not charge you a fee for our services.
We do not endorse or recommend the products or services of any particular third party. NextGen is not a licensed insurance provider, does not offer any insurance products or services, and has no responsibility for any products or services you may purchase or obtain from the third parties who receive your information. That is a contract or transaction solely between you and them. The third party determines what products and services you may qualify for and the terms of any arrangements between you and them, and makes all decision relating to their products and services. There is no guarantee that, by submitting your information, you will be contacted by one or more third parties regarding the subject of your inquiry.
By responding to an online form or submitting your information, you are not applying for or making a purchase of insurance or any other product or service. When you submit information to a third party who has responded to your inquiry or expression of interest, that information will be subject to the privacy policies and any other applicable terms of the third party, and you are responsible for determining if those are acceptable to you. You will need to notify the third party directly if you do not wish to receive further communications from them.
You agree that NextGen is not to be liable for any loss or damage caused by your reliance on information obtained (i) through this website about third party products or services or regarding quotes and offers, or (ii) from the third parties to whom we have provided your information.
WARRANTY AND LIABILITY DISCLAIMER AND LIMITATIONS - WE PROVIDE THIS SERVICE "AS-IS" WITHOUT WARRANTY. NEXTGEN DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR PURSUANT TO A STATUTE, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEBSITE, OUR SERVICES OR ANY INFORMATION, PRODUCTS AND SERVICES PROVIDED, SUBMITTED OR SHARED IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR ANY THIRD PARTY INFORMATION, PRODUCT OR SERVICE OFFERED OR MADE AVAILABLE TO YOU, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY WARRANTY BASED ON COURSE OF DEALING.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTGEN AND ITS AFFILIATES, MEMBERS, OFFICERS AND DIRECTORS ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY YOU MAY CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE AND/OR OUR SERVICES OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES TO YOU, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT THAT THESE LIMITATIONS ARE BY LAW NOT ENFORCEABLE, WE BOTH AGREE THAT NEXTGEN AND ITS AFFILIATES MEMBERS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE TO YOU IN THE AGGREGATE FOR DAMAGES OF ANY TYPE IN CONNECTION WITH MATTERS RELATING TO THE WEBSITE, OUR SERVICES, OR INFORMATION, PRODUCTS AND SERVICES OF THIRD PARTIES IN EXCESS OF US$100 (ONE HUNDRED DOLLARS).
CONSENT TO ARBITRATE – Except where prohibited by law, You and we agree that all claims, disputes or controversies arising out of or relating to the use of this website, to the services provided by NextGen, any consents you have provided to us, or to any acts or omissions for which you may contend NextGen or its affiliates, members, officers or directors is liable relating thereto or to the information, products or services of third parties, shall be finally, and exclusively, settled by binding arbitration. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA.
The arbitration will take place in San Diego, CA, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant co chooses). The arbitrator shall be selected pursuant to the AAA rules, or otherwise as mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. In the event the parties are unable to agree on a neutral arbitrator, the party making the claim may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor by registered or certified mail.
A judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The agreement to arbitrate is not an agreement to the joinder or consolidation of arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under these terms shall be joined to an arbitration involving any other party subject to these terms, whether through class arbitration proceedings or otherwise.
You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using NextGen's website or services and submitting online requests and forms, you consent to these restrictions.
We may modify or terminate this website, our services or the online forms at any time in our sole discretion. We may modify these terms at any time and will post revised or updated terms on this website. The revised or updated terms will apply to any use of this website or submission of online form or request after the date the new or revised terms are posted. Your continued use of the website or submission of online forms or inquiries after such modifications means that you agree to the new or revised terms.
All waivers of any part of these terms must be in writing and signed. Any delay, waiver or failure to exercise any right or power arising from breach of these terms shall not be construed to be a waiver of any subsequent breach. These terms represent the entire, complete and final agreement between you and us regarding our services and this website.
These terms are governed by the laws of the State of Delaware, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed replaced by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms shall continue in effect.
You and we agree that a printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms, the websites 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. We do not endorse or recommend the products or services of any particular third party. NextGen is not a licensed insurance provider, does not offer any insurance products or services, and has no responsibility for any products or services you may purchase or obtain from the third parties who receive your information. That is a contract or transaction solely between you and them. The third party determines what products and services you may qualify for and the terms of any arrangements between you and them, and makes all decision relating to their products and services. However, NextGen does not market Medicare Advantage Plans or Medicare Part D (prescription drug plans) and prohibits its customers from using consumer information submitted on this site for the marketing or sale of Medicare Advantage Plans or Medicare Part D (prescription drug plans). Further, there is no guarantee that, by submitting your information, you will be contacted by one or more third parties regarding the subject of your inquiry.
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS.