‍The following terms and conditions (“Terms”) govern your access to this website (sparkadvisors.com) (“Website”) provided by Spark Health Inc. (“Spark,” “we,” “our,” “us”) for informational purposes only in connection with Medicare products and services. Certain features of this Website may be subject to additional guidelines, terms, or rules, which will be posted on this Website or otherwise in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. Please read these Terms carefully before you start to use the Website.

By using the Website, you accept and agree to be bound and abide by these Terms, as well as and our Privacy Policy, found at https://www.sparkadvisors.com/privacy-policy (“Privacy Policy”), which is incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who 16 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Spark and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

(1) Changes to these Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

(2) Privacy. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through any interactive features on the Website or information that may be automatically collected, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(3) Intellectual Property Rights. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Spark, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to these Terms, Spark grants you a non-transferable, non-exclusive, revocable, limited license to: (a) use and access the Website solely for your own personal, noncommercial use; and (b) access, download, and use the content and information made available by Spark on the Website solely for your personal, noncommercial, evaluation purposes. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Spark. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

(4) Prohibited Uses. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website or any content thereon in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not use the Website in any way that violates any applicable federal, state, local, or international law or regulation. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms.

(5) Feedback. If you provide Spark with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Spark all rights in such Feedback and agree that Spark shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Spark will treat any Feedback you provide to Spark as non-confidential and non-proprietary.  You agree that you will not submit to Spark any information or ideas that you consider to be confidential or proprietary.

(6) Spark Trademarks. Spark’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Spark or its affiliates or licensors. You agree not use such marks without the prior written permission of Spark. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. You agree not to delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

(7) Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other insurance agents, providers, or carriers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Spark, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Spark. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

(8) Third-Party Links. This Website may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links”).  Such Third-Party Links are not under the control of Spark, and Spark is not responsible for any Third-Party Links.  Spark provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.  You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

(9) DISCLAIMER OF WARRANTIES. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPARK NOR ANY PERSON ASSOCIATED WITH SPARK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SPARK NOR ANYONE ASSOCIATED WITH SPARK REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, SPARK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(10) Indemnification. You agree to defend, indemnify, and hold harmless Spark, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

(11) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPARK (OR OUR AFFILIATES OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF SPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR AFFILIATES AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

(12) Termination. Subject to this Section, these Terms will remain in full force and effect while you use this Website.  We may suspend or terminate your rights to use this Website at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms.  Upon termination of your rights under these Terms, your right to access and use the Website will terminate immediately. Spark will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, any provisions of these Terms which are intended to survive, including without limitation, Sections 10-13, shall survive.

(13) Miscellaneous. No waiver of any provision or any breach of these Terms will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of these Terms is determined to be illegal or unenforceable, the balance of these Terms shall continue to be fully valid, binding, and enforceable. These Terms and your use of the Services is not assignable, transferable or sublicensable by you except with Spark’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms or Spark’s provision of the Services. Nothing in these Terms or Spark’s provision of the Services shall be construed as conferring on you any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of Spark. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Spark’s performance of these Terms and provision of the Services is subject to existing Laws and legal process, and nothing contained in these Terms is in derogation of Spark’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Spark with respect to such use. These Terms, and all disputes arising out of or related thereto, shall be governed by and construed under the laws of the State of New York without reference to conflict of law principles. These Terms do not create any rights for any person who is not a party to it. These Terms, the BAA, and the Privacy Policy set forth the entire agreement between you and Spark with respect to the Services and supersede any prior agreements between you and Spark relating to such subject matter.

(14) Contact. If you have any questions about these Terms, please contact Spark using the following information: