Introduction

This Arbitration Policy (“Policy”) applies to any disputes, claims, or controversies arising out of or relating to your use of MediPlanSelect.com (“Website”), the services we provide, or your interaction with licensed insurance agents affiliated with the Website (collectively “Services”). By accessing or using the Website and Services, you agree that any disputes will be resolved in accordance with this Policy.

Scope of Arbitration

This Policy covers all disputes, claims, or controversies between you and MediPlanSelect.com, including those arising from:

• Your use of the Website or Services;
• Agreements or dealings related to Medicare Advantage plans;
• Any alleged breach of contract, tort claims, statutory claims, or any other legal theories.

 

This Policy applies regardless of the type of relief sought, whether monetary damages, injunctive relief, or declaratory relief.

Agreement to Arbitrate

You and MediPlanSelect.com agree that any dispute shall be resolved by binding arbitration and not by a court trial or jury trial. Arbitration will be the exclusive forum for resolving conflicts, except for issues that may be taken to small claims court if applicable.

Arbitration Process

Initiation: Either party may initiate arbitration by sending a written demand to the other party, briefly describing the nature of the dispute.

Arbitration Rules: The arbitration proceeding will be conducted in accordance with the American Arbitration Association (AAA) Healthcare Payor-Provider Arbitration Rules or another agreed-upon arbitration provider’s rules.

Arbitrator Selection: The arbitration will be decided by a neutral arbitrator or panel of arbitrators mutually agreed upon by both parties. If the parties fail to agree within 30 days, each party will select one arbitrator, and those arbitrators will appoint a third arbitrator.

Location: The arbitration hearing shall take place at a mutually agreeable location, or if the parties cannot agree, then in the jurisdiction where MediPlanSelect.com is headquartered.

Costs: The costs of arbitration, including fees for the arbitrator(s), shall be borne equally by the parties, unless otherwise decided by the arbitrator.

Arbitration Award

The decision or award rendered by the arbitrator(s) shall be final, conclusive, and binding on all parties. Judgment upon the award may be entered in any court of competent jurisdiction. There shall be no appeals or rehearings of the arbitration decisions.

Exceptions and Limitations

This Arbitration Policy does not prevent either party from seeking injunctive relief in a court of law to prevent imminent, irreparable harm.

Additionally, certain disputes, such as claims related to Medicare’s administrative appeals process, may fall outside the scope of this Policy or be subject to other procedures mandated by law.

Confidentiality

All arbitration proceedings shall be confidential. Neither party shall disclose the existence, content, or results of the arbitration without the prior written consent of the other party, except as required by law or to enforce the arbitration award in a court of law.

Waiver of Class Actions

By agreeing to this Arbitration Policy, you and MediPlanSelect.com waive any rights to participate in class action lawsuits or class-wide arbitration. All disputes must be resolved on an individual basis.

Right to Rescind Arbitration Agreement

You have the right to rescind this arbitration agreement within 30 calendar days after agreeing to it by providing written notice to MediPlanSelect.com.  This rescission will not affect any arbitration proceedings initiated after the rescission period.

Severability

If any part of this Arbitration Policy is found to be unenforceable or invalid, that portion shall be severed and the remaining provisions shall continue to apply.

Governing Law

This Arbitration Policy shall be governed by and construed under the laws of the state where MediPlanSelect.com is headquartered, without regard to conflicts of law principles.

No Effect on Medicare Appeal Rights

This Arbitration Policy does not restrict or limit your rights to appeal Medicare coverage or payment decisions directly with Medicare as provided by federal law and regulations.

By agreeing to use our Website and Services, you accept the terms of this Arbitration Policy as a fair and efficient method to resolve any disputes and acknowledge your understanding of your rights under this Policy. For any questions or concerns, please contact us at:

Email: info@mediplanselect.com 

Phone: +1-855-727-0112 (TTY 711)