Arbitration Policy

This Arbitration Policy (“Policy”) applies to any dispute, claim, or controversy arising out of or relating to your use of Senior Health Partner’s website and services, including but not limited to Medicare Advantage plan selection assistance. By using our website or services, you agree that any such disputes shall be resolved through binding arbitration in accordance with the terms outlined below, instead of in court.

Purpose and Scope

The goal of this Policy is to provide a fair, efficient, and cost-effective way to resolve disputes without the need for costly and time-consuming litigation. This Policy covers all disputes that you, as a user, may have with Senior Health Partner, its affiliates, employees, agents, or third-party providers involved in delivering services.

This Policy does not limit your ability to seek relief through small claims court for disputes within its jurisdiction.

Agreement to Arbitrate

By accessing or using our website or services, you voluntarily agree to resolve any claim or controversy arising from these interactions exclusively through final and binding arbitration, except as otherwise provided below. This includes but is not limited to:

• Website use and access
• Medicare Advantage plan advice and enrollment assistance
• Privacy and data protection
• Advertising and marketing practices
• Any other claims relating to your relationship with Senior Health Partner

Arbitration Process

Initiating Arbitration: To start arbitration, you must send a written notice to Senior Health Partner describing the dispute and the remedy requested. Upon receiving this notice, both parties will attempt in good faith to resolve the dispute through informal negotiation for at least 30 days. If unresolved, either party may initiate arbitration.

Arbitrator Selection: The arbitration will be conducted by a neutral, independent arbitrator selected according to the rules of the American Arbitration Association (AAA) or a similar impartial arbitration body.

Location: Arbitration will take place in the state where Senior Health Partner has its primary business office, unless otherwise agreed. Remote or virtual arbitration hearings may be permitted.

Rules and Procedures: The arbitration will be governed by the arbitration rules agreed upon and applicable law, ensuring fair treatment of both parties.

Decision: The arbitrator’s award will be final and binding on both parties, with limited rights to judicial review.

Costs and Fees

Each party will bear their own costs and fees related to legal representation during arbitration. Senior Health Partner agrees to pay the arbitrator’s fees and administrative costs imposed by the arbitration forum up to a reasonable limit, so that arbitration remains accessible. 

 

Any additional fees beyond this limit may be shared or allocated by the arbitrator, considering fairness and the circumstances of the dispute.

Class Action and Collective Action Waiver

You and Senior Health Partner agree that any dispute resolution will be conducted on an individual basis. This means:

• No arbitration shall be joined with any other proceeding or claim.
• Class, collective, representative, or private attorney general actions or arbitrations are prohibited.

You waive the right to participate as a plaintiff or class member in any class or collective action against Senior Health Partner. This waiver does not prevent you from filing a claim in small claims court if it falls within the court’s jurisdiction.

Exceptions to Arbitration

Certain types of disputes are not subject to binding arbitration, including:

• Requests for injunctive or equitable relief to prevent unauthorized use or disclosure of confidential information or intellectual property.
• Claims related to violations of privacy rights which may require immediate judicial intervention.

In such cases, you or Senior Health Partner may seek relief through appropriate courts.

Confidentiality

The arbitration process and all materials submitted will be confidential unless disclosure is required by law or agreed upon by the parties. This ensures protection of sensitive information shared during dispute resolution.

Opt-Out Option

You have the right to opt out of this Arbitration Policy within 30 days of your first use of the website or services by sending a written notice to Senior Health Partner at the contact address provided below. If you opt out, disputes will not be subject to arbitration, but instead resolved through court proceedings.

Governing Law

This Arbitration Policy is governed by the Federal Arbitration Act (FAA) and applicable state laws governing arbitration agreements. It is intended to be broadly construed to maximize enforcement under these laws.

Contact Information for Arbitration Requests

To initiate arbitration or for any questions related to this Policy, please contact:

Email: info@seniorhealthpartner.com 

Phone: +1 855 791 1466