Effective as of August 14, 2023

Please read these Terms of Use carefully before using MFP Agency, LLC DBA Total Health website.

 

I.              INTRODUCTION

MFP Agency, LLC DBA Total Health, together with our subsidiaries and affiliated companies (collectively “MFP Agency, LLC DBA Total Health”, “we” or “us”) welcomes you to its website (the “MFP Agency, LLC DBA Total Health’s Website”). MFP Agency, LLC DBA Total Health website enables you to access content, products and services available on or through MFP Agency, LLC DBA Total Health website (collectively, “Services”). 

These Terms of Use form a binding legal agreement between you and MFP Agency, LLC DBA Total Health regarding your access to and use of the MFP Agency, LLC DBA Total Health Website and Services.  If you are helping another person use the MFP Agency, LLC DBA Total Health Website or Services, these Terms of Use constitute a binding legal agreement between both the helper and the person being helped and MFP Agency, LLC DBA Total Health.

BY ACCESSING, BROWSING OR OTHERWISE USING MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE OR ANY OF THE SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND, AND ARE ACCEPTING AND AGREEING TO BE BOUND BY, THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS OF USE. 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS, BROWSE OR OTHERWISE USE MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE OR SERVICES.

We may change these Terms of Use at any time, without prior notice to you or any other person, by posting changes on MFP Agency, LLC DBA Total Health website.  We encourage you to check back and review these Terms of Use from time to time.  Your continued use of MFP Agency, LLC DBA Total Health website following our posting of changes will signify that you agree to and accept the revised Terms of Use.  If you do not agree to the revised Terms of Use, you are not authorized to access or use MFP Agency, LLC DBA Total Health website or Services and you must disconnect from and not use MFP Agency, LLC DBA Total Health website. 

II.           YOUR USE OF MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE

A.           Your Account and Information

To use MFP Agency, LLC DBA Total Health website and Services, you must register for an account on MFP Agency, LLC DBA Total Health website and provide information about yourself as prompted by the site registration form.  As part of the registration for MFP Agency, LLC DBA Total Health website, you will use your true legal name and true electronic mail address, and only provide true, accurate and complete information on MFP Agency, LLC DBA Total Health website and notify MFP Agency, LLC DBA Total Health immediately of any change in such information.

MFP Agency, LLC DBA Total Health reserves the right to refuse or reject any request to create an account for any or no reason at MFP Agency, LLC DBA Total Health’s sole discretion.  You are solely responsible for your account, your contact information and other information made available through your account or otherwise via the MFP Agency, LLC DBA Total Health Website.  You will use reasonable care to protect the confidentiality of your log-in information for your account and will not share it with any other person.  You will be entirely responsible for the conduct of any person using MFP Agency, LLC DBA Total Health website or accessing your account through use of your log-in information.

You agree that MFP Agency, LLC DBA Total Health’s may, and may permit others to, use, copy, display, reproduce, distribute, modify, translate, remove, analyze, and prepare derivative works based upon, the information that you provide in connection with your use of MFP Agency, LLC DBA Total Health website for purposes of providing to you MFP Agency, LLC DBA Total Health website and Services and as otherwise described in these Terms of Use and the MFP Agency, LLC DBA Total Health Privacy Policy.

B.           License to Use MFP Agency, LLC DBA Total Health website

Subject to your compliance with these Terms of Use, MFP Agency, LLC DBA Total Health grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to access and make personal use of MFP Agency, LLC DBA Total Health website solely for the purpose of obtaining information regarding health insurance plans and applying for a plan.  The foregoing license does not include any resale or commercial use or derivative use of MFP Agency, LLC DBA Total Health website or Services.  MFP Agency, LLC DBA Total Health website and Services, and any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without MFP Agency, LLC DBA Total Health’s express written consent, except that you may download one (1) copy of such materials to your individual computer solely for your personal, non-commercial use only, provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation..

All rights, titles, and interests in and to MFP Agency, LLC DBA Total Health website, and all elements thereof, are owned and reserved by MFP Agency, LLC DBA Total Health and its licensors.  MFP Agency, LLC DBA Total Health website is protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention.  All trademarks, service marks, and trade names are proprietary to MFP Agency, LLC DBA Total Health  and its licensors.  None of the items mentioned herein may be used without the express written consent of MFP Agency.  All rights not expressly licensed hereunder are reserved by MFP Agency, LLC DBA Total Health  and its licensors.

C.           Short Messenging Service (SMS)

Enrollment in MFP Agency, LLC DBA Total Health SMS alerts requires you to provide your mobile phone number and acceptance of these Terms.  Message and data rates may apply, Message frequency varies.  You can text HELP for help at any time.  To stop receiving text messages from MFP Agency, LLC DBA Total Health, reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT. For our privacy policy, see here: www.acaplans.com/privacy

D.           Use of Your Feedback

If you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary. You hereby grant MFP Agency, LLC DBA Total Health  a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works from, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.

E.           Restrictions on Your Use of the MFP Agency, LLC DBA Total Health’s  Website

You agree to access and use the MFP Agency, LLC DBA Total Health’s  Website only for lawful reasons.  You are solely responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of the MFP Agency, LLC DBA Total Health’s  Website.  You are prohibited from using the MFP Agency, LLC DBA Total Health’s  Website in a way that:

• is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that MFP Agency, LLC DBA Total Health  deems in its sole discretion to be inappropriate;
• violates any law, statute, rule, regulation, or court order;
• accesses, collects or stores personal information about others;
• violates or infringes the rights of anyone else, including, for example, another person’s right to privacy;
• impersonates any person, business, entity, or IP address (e.g., IP spoofing);
• involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
• is commercial in nature, including, for example, usage for advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
• gains or tries to gain unauthorized access to MFP Agency, LLC DBA Total Health website, or any computers, networks or data used to operate or stored on or with MFP Agency, LLC DBA Total Health website, or that otherwise modifies or interferes with the use or operation of MFP Agency, LLC DBA Total Health website;
• imposes an unreasonable or disproportionately large load on MFP Agency, LLC DBA Total Health’s or MFP Agency, LLC DBA Total Health’s business partners’ infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
• alters, damages, or deletes any content posted on MFP Agency, LLC DBA Total Health website;
• frames, mirrors, scrapes or data-mines the content of MFP Agency, LLC DBA Total Health website;
• contains computer viruses or other disruptive, disabling, damaging or harmful files or programs; or
• otherwise violates these Terms of Use or any other guidelines or policies posted on MFP Agency, LLC DBA Total Health website, including the Privacy Policy, which are incorporated by this reference into these Terms of Use.

In addition, you represent and warrant that:

• the information and any other content that you may provide using MFP Agency, LLC DBA Total Health website does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; complies with all applicable local, state, provincial, national and other laws, rules and regulations; and does not violate these Terms of Use;
• you have the right to provide to MFP Agency, LLC DBA Total Health the information and any other content that you may provide using MFP Agency, LLC DBA Total Health website;
• you will use your true legal name and true electronic mail address, and only provide true, accurate and complete information on MFP Agency, LLC DBA Total Health website;
• you will not impersonate another person or entity or misrepresent your affiliation with another person or entity, such as by using another person’s or entity’s username, password or other account information or another person’s or entity’s name, likeness, image or photograph;
• you are at least 18 years of age, or the legal age of majority where you reside;
• you have all requisite rights and authority to use MFP Agency, LLC DBA Total Health website and to enter into these Terms of Use; and
• the performance of your obligations under these Terms of Use will not violate, conflict with, or result in a default under any other agreement, including, without limitation, confidentiality agreements between you and third parties.

MFP Agency, LLC DBA Total Health reserves the right to cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users, including without limitation, any user who violates, or is suspected of violating, these Terms of Use.  MFP Agency, LLC DBA Total Health may disclose your information to such law enforcement officials and/or agencies if requested to do so or if required by law.

F.           Copyright Infringement; DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material on this website infringes a copyright owned by you, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. This request should be sent to:  DCMA@acaplans.com.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.

III.        DISCLAIMERS

A.           Medical Advice

MFP AGENCY, LLC DBA TOTAL HEALTH DOES NOT PROVIDE MEDICAL ADVICE; ALL CONTENT INCLUDING TEXT AND IMAGES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT ON MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.

B.           Insurance Quotes and Coverage

MFP Agency, LLC DBA Total Health is not an insurer or an insurance broker or agent. All quotes are provided through licensed brokers, agents, discount plan representatives, or insurance carrier representatives who may or may not be able to obtain quotes from any particular insurance company mentioned on this site.

MFP Agency, LLC DBA Total Health is committed to providing you with the necessary information you need to decide on an insurance plan. Ultimately, you are responsible for finding the insurance policy that best suits your needs. Similarly, if you already have insurance or related coverage, the information provided on our site may not be up-to-date or match information from your provider. You will need to contact your insurance provider directly for coverage-related questions concerning your in-force policy.

MFP Agency, LLC DBA Total Health makes no representation, express or implied, that a user will be able to obtain an insurance quote from any particular insurance company mentioned on this site. Never cancel existing insurance policies until written confirmation is received from your new provider that your new policy is in effect.

C.           Reliability of Content

MFP Agency, LLC DBA Total Health makes no warranties or representations as to the accuracy, completeness or timeliness of the content provided as part of MFP Agency, LLC DBA Total Health website or any of the Services.  MFP Agency, LLC DBA Total Health assumes no liability or responsibility for any errors or omissions in MFP Agency, LLC DBA Total Health website.  No warranty, expressed or implied, is made regarding accuracy, adequacy, currency, completeness, legality, reliability or usefulness of any materials or content. MFP Agency, LLC DBA Total Health may make changes to the materials contained on MFP Agency, LLC DBA Total Health website at any time without notice. MFP Agency, LLC DBA Total Health does not, however, make any commitment to update the materials.

D.           Security of Communications

MFP Agency, LLC DBA Total Health is committed to maintaining the security of the data you provide us and will take reasonable precautions to protect your personal information.  However, there is always some risk in transmitting information over the Internet.  Because MFP Agency, LLC DBA Total Health website is provided through the Internet, you agree that when you use MFP Agency, LLC DBA Total Health website, your communications may be intercepted by others.  For this reason, MFP Agency, LLC DBA Total Health cannot guarantee the security and privacy of transmissions via the Internet, and you agree that we will not be liable for any lack of security relating to the use of MFP Agency, LLC DBA Total Health website by you.  You agree that you will not hold MFP Agency, LLC DBA Total Health liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.

E.           Third Party Content

MFP Agency, LLC DBA Total Health website includes, among other things, content provided by third parties and may also contain links to third party sites (collectively, “Third Party Content”).  MFP Agency, LLC DBA Total Health does not take responsibility for any Third Party Content.  You understand that MFP Agency, LLC DBA Total Health has no obligation to, and generally does not, approve or monitor materials provided by third parties, including, without limitation, through MFP Agency, LLC DBA Total Health website.

You acknowledge and agree that third party sites may have different privacy policies and terms and conditions than MFP Agency. MFP Agency, LLC DBA Total Health does not verify, make any representations or take responsibility for such third party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed or any other activities conducted on or through such third party sites.  You should carefully review the privacy policy and terms and conditions of each website you visit. MFP Agency, LLC DBA Total Health is not responsible for the content or privacy practices of such third party sites.

UNDER NO CIRCUMSTANCES WILL MFP AGENCY, LLC DBA TOTAL HEALTH BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT OR ANY THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE TRANSMITTED VIA MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE.

F.           Disclaimer of Warranties

MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE AND SERVICES ARE PROVIDED “AS IS,” AND MFP AGENCY: (I) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (II) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, INFRINGEMENT AND TITLE; AND (III) DOES NOT REPRESENT OR WARRANT THAT MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE OR SERVICES WILL BE ACCURATE OR ERROR-FREE, WILL BE AVAILABLE OR THAT ACCESS WILL BE UNINTERRUPTED, WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY OR SECURE.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF, OR INABILITY TO USE, MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE OR SERVICES.   USE OF MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE AND SERVICES IS AT YOUR SOLE RISK.  MFP AGENCY, LLC DBA TOTAL HEALTH MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE OR SERVICES. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IV.         INDEMNITY AND LIMITATION OF LIABILITY

A.           Indemnity

You agree to indemnify, defend, and hold MFP Agency, LLC DBA Total Health and its affiliates, suppliers and licensors, and its and their respective officers, directors, employees, contractors and agents, harmless from and against any and all claims and all liabilities, assessments, losses, costs (including, without limitation, reasonable attorneys’ fees) and damages arising out of or relating to your actions or in connection with MFP Agency, LLC DBA Total Health website or Services, including, without limitation:

•  your use of, or inability to use, MFP Agency, LLC DBA Total Health website or Services, and any information you submit, post, transmit, or make available via MFP Agency, LLC DBA Total Health website or Services;
• your failure to safeguard your passwords or other account information;
• your violation of (a) these Terms of Use, MFP Agency, LLC DBA Total Health website Privacy Policy, or any other policy referenced in these Terms of Use, (b) any applicable law or regulation, or (c) the rights of any third party; and
• any taxes that you may be responsible for under these Terms of Use.

B.           Limitation of Liability

NEITHER MFP AGENCY, NOR ITS AFFILIATES, SUPPLIERS AND LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH MFP AGENCY, LLC DBA TOTAL HEALTH WEBSITE OR SERVICES, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  THE TOTAL, CUMULATIVE, LIABILITY OF MFP AGENCY, ITS AFFILIATES, AND ITS AND THEIR, RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY).  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.

V.            TERMINATION

MFP Agency, LLC DBA Total Health may suspend or terminate your access to MFP Agency, LLC DBA Total Health website at any time and for any reason, including for violation of these Terms of Use.  In the event of suspension or termination, you are no longer authorized to access or use MFP Agency, LLC DBA Total Health website or the Services that are subject such termination, and you shall have no recourse and MFP Agency, LLC DBA Total Health shall have no liability as a result of such suspension or termination.  All provisions of these Terms of Use relating to warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or termination.

MFP Agency, LLC DBA Total Health reserves the right to modify, terminate and suspend the operation of MFP Agency, LLC DBA Total Health website and Services (or any portion thereof) without notice or liability, at any time and for any or no reason in its sole and absolute discretion.

VI.         ADDITIONAL TERMS

A.           Assignment

We are entitled, without obtaining your consent, to assign or delegate to one or more of our affiliates or a third party, our rights and obligations under these Terms of Use, in whole or in part.  You will not assign or delegate to any third party any of your rights or obligations under these Terms of Use, without obtaining our prior written consent, which we may withhold in our sole discretion.  Any assignment or delegation made in derogation of this Section XI shall be void and of no effect.

B.           Governing Law

These Terms of Use shall be deemed to have been made in the State of Florida, U.S.A. and shall be interpreted, and your rights and liabilities hereto shall determined in accordance with the law of the State of Florida, U.S.A., without regard to conflicts of law principles.  You consent to the exclusive jurisdiction of the state and federal courts Palm Beach County, Florida, U.S.A. for the determination of any claim or controversy between us and arising out of or relating to these Terms of Use.  You hereby consent to the jurisdiction of the Florida courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

C.           Severability

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

D.           Waiver

Any waiver by MFP Agency, LLC DBA Total Health of the provisions of these Terms of Use or of its rights or remedies hereunder shall not be effective unless in writing, and any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance.  Failure, neglect or delay by MFP Agency, LLC DBA Total Health to enforce the provisions hereof or its rights or remedies at any time will not be construed and will not be deemed to be a waiver of MFP Agency, LLC DBA Total Health’s rights hereunder and will not prejudice its right to take subsequent action.

VII.      CONTACT US

If you have any questions about these Terms of Use, please contact us at support@acaplans.com.