Your acceptance of our Terms of Service
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL MEDICARE PERKS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MEDICARE PERKS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM MEDICARE PERKS’S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, MEDICARE PERKS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MEDICARE PERKS’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this website under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use our website. We take the safety of minors very seriously, and encourage parents, legal guardians and other responsible adults to be actively involved in helping their minors learn about and use safe internet practices.
Your responsibility for information you provide to Medicare Perks
You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Medicare Perks or its affiliates for all claims resulting from content you supply.
By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively “Communications”) to or through the website, you hereby grant to Medicare Perks a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against Medicare Perks for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You will be responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications.
You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an “Action”) against Medicare Perks and/or each of its affiliates, directors, officers, agents, employees or sublicensees, (collectively, the “Indemnitee”) to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you or the use thereof may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under this Agreement which causes or is alleged to have caused actual or potential liability to a third party; and (3) any content provided by you in a chat room, message board, e-mail, or home page (created or used by you) on the website, or statements made by you in the website or through other media. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys’ fees incurred in defending and/or resolving such Action.
Medicare Perks may also change, suspend, or discontinue any aspect of the website at any time, including the availability of any website feature, database, or content.
You are prohibited from uploading, downloading, emailing, posting or transmitting to, or distributing or otherwise publishing through AHN’s websites any material which:
- Disrupts the normal flow of dialogue and/or exchange on the website, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using and enjoying the website; and/or:
- Specifically contains material that is unlawful, threatening, bullying, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, pornographic, profane, sexually explicit, or indecent;
- Constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country; violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right; and/or involves:
- Exchanging or swapping of images, music, or other protected intellectual property;
- Gathering, “harvesting” or “farming” email addresses;
- Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users. (Inquiries regarding a commercial relationship with Medicare Perks should be directed to the company at the Contact Information shown below.)
- Contains a virus, worm, Trojan horse, or other harmful component;
- Contains any information, software, or other material of a commercial nature;
- Constitutes commercial use of the website; e.g.: contains solicitations or unauthorized advertisements of any kind;
- Constitutes or contains false or misleading indication of origin or statement of fact;
- Contains chain letters or pyramid schemes;
- Constitutes the exchange of personally identifiable information with another member of the website/community in a public place on the website/community to facilitate contact outside of the website/community, including but not limited to the posting of an email address, phone number of any type, or address of any type.
- Interferes with ability of others to enjoy the site.
- Promotes, solicits, recruits, furthers, assists, plans, agrees to, aids or attempts to aid, or furthers negative discussions or potentially related negative behaviors, on any of the following topics:
- Illegal drug use
- Self-harm of self-injury
- Domestic violence
- Sexual abuse
- Child abuse
- Threats against Medicare Perks and/or its employees
- Edit any such prohibited information
- Delete any such prohibited information
- Refuse service, pause, suspend or terminate your account for any period of time or indefinitely
- Reinstatement of any paused, suspended or terminated account shall be at our sole discretion
Disclaimer on information provided by Medicare Perks
No Medical Advice. Medicare Perks does not provide medical advice and nothing contained herein shall be construed as medical advice. Statements and posts on this website have not been evaluated by the FDA, and are not intended to diagnose, treat, cure or prevent any disease. Always consult your physician before starting any exercise program, changing dietary habits, or discontinuing the use of any prescribed medications. This website is not to be used as a replacement for professional medical care and advice. Medicare Perks does not assume any responsibility for any aspect of healthcare administered with the aid of content available on the website, and the user understands any statements and posts are for educational purposes and are not a substitute for professional medical advice, diagnosis, or treatment.
No Guarantee on Content. Medicare Perks does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by website users nor endorses any opinions expressed by such users. Medicare Perks does not screen, monitor or approve Communications from our website users in advance. If we receive notification about a user regarding Communications which allegedly do not conform to this Agreement, Medicare Perks has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. We have no liability or responsibility to users for performance or nonperformance of such activities.
Information about Medicare Perks. The website may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content. Our website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our website, words like “anticipates,” “expects,” believes,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The website and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
No Warranties or Guarantees for content, offers, products or services. Medicare Perks makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the website. We make no guarantee of the accuracy, correctness or completeness of any information on the website, and shall not be responsible for:
- any errors of omission arising from the use of such information;
- any failures, delays or interruptions in the delivery of any content or service contained within the website; and
- any defamatory, libelous or unlawful material contained within the website, including user web pages, resumes, emails, profiles, opinions, advice, statements, memorandums or discussion board postings, or materials related to a users’ use of the website’s chat features.
You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. You acknowledge that neither Medicare Perks nor its website members, while such members are participating in the website, are engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice for any situation or problem that you may have. Medicare Perks has the right, but not the obligation, to correct any errors or omissions in any portion of the website.
No Warranties or Guarantees for 3rd party content, offers, products or services.
The links found on the website will let you leave our website and go to websites operated by parties other than Medicare Perks. The linked websites are often not under the control of Medicare Perks and we are not responsible for the contents of any linked website or any link contained in a linked website that are not owned and operated by Medicare Perks, or any changes or updates to such websites. Such links by the website to websites maintained by third parties do not constitute an endorsement, guaranty, or warranty by Medicare Perks, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between Medicare Perks, or any of its affiliates, and any linked third party or their content. Medicare Perks does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.
3rd Party offers, products, services. By offering a number of third party products and services, including advertisements, on our website, Medicare Perks makes no warranties or representations of any kind as to the content or suitability of the subject matter of any website, product or service from any such third party business or individual. Medicare Perks expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or website content of these and any other third parties, and you waive any claims against Medicare Perks for damages arising from such transactions or your reliance upon statements contained therein. You will not consider Medicare Perks nor will Medicare Perks be construed as a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY Medicare Perks; EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NON INFRINGEMENT. UNDER NO CIRCUMSTANCES IS Medicare Perks LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE WEBSITE OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED FROM OR TO OUR WEBSITE.
Arbitration and Governing Law
Arbitration Agreement. Any legally actionable dispute or claim arising out of, connected with, or relating to this Agreement (including any issues related to the enforcement, validity or interpretation of this Agreement, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions), the goods and services offer by or through Medicare Perks, or the website itself (collectively, the “Parties’ Relationship”) shall be exclusively resolved through BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Medicare Perks, LLC in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you explicitly agree that you may not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Medicare Perks, LLC for any dispute, claim, or alleged damage arising out of, connected with, or relating to the Parties’ Relationship. If this class or representative action waiver provision is found to be unenforceable by the final non-appealable judgment or verdict of any court of competent jurisdiction then the entirety of this arbitration provision shall, at the sole election of Medicare Perks LLC, be null and void with the exception of the provisions related to governing law and venue (which shall under any circumstances remain in Memphis, TN).
Notice of Rights
By using the website or the goods and services offered by or through Medicare Perks in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Medicare Perks, LLC (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can (although the arbitrator may award declaratory or injunctive relief, if appropriate, only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
In the event that this class action and or representative action waiver is unenforceable, any litigation arising out of, connected with, or related to the Parties’ Relationship brought against Medicare Perks, LLC (except for small-claims court actions) may be commenced only in the federal or state courts located in Memphis, Tennessee. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, the applicable scope of this provision (Arbitration and Governing Law), and any and all disputes arising out of, connected with, or relating to this Agreement between you and Medicare Perks, LLC or the Parties’ Relationship (including but not limited to those disputes sounding in tort) shall be governed by the laws of the state of Tennessee without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. The parties agree that this provision (Arbitration and Governing Law) shall survive the termination of this Agreement.
General Legal Information
Time limit for filing claims. Any cause of action you may have with respect to your use of the website must be commenced within one year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall survive the termination of the Parties’ Relationship, and applies to all claims and disputes whether they arise or are asserted during or after termination of the Parties’ Relationship, and can only be changed, modified, rescinded or superseded as provided for in this Agreement.
Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Medicare Perks, LLC, Attn: Legal Department, 3839 Forest Hill Irene Rd Memphis, Tennessee 38125.
Entirety of the Agreement
No party is relying on any representations, oral or written, on the subjects of the effect, enforceability or meaning of this Agreement, except as specifically set forth herein. Any rights not expressly granted herein are reserved.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. Other product and company names mentioned herein may be the trademarks of their respective owners. The contents, and every part thereof, of the website are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our website. The posting of information or materials on the website does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our website. Unless otherwise prohibited from doing so, you may download and make one (1) copy of the content and other downloadable items displayed on the website for your personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Any copying, republication, or redistribution of website content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Medicare Perks and/or the respective intellectual property rights holder identified in the subject content.
Medicare Perks respects the intellectual property rights of others and expects our users to do the same. The policy of Medicare Perks is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Medicare Perks’s Copyright Agent & Counsel with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5)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, (6) 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.
3839 Forest Hill Irene Rd
Memphis, Tennessee 38125
Medicare Perks Arbitration Procedures
Overview Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute.
Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Medicare Perks arising out of, connected with, or relating to this Agreement (including any alleged breach thereof), the goods and services offered by or through Medicare Perks, or the website.
Pre-Arbitration Dispute Resolution
Medicare Perks, LLC is always interested in resolving disputes amicably and efficiently. So before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may Contact Us online or at Medicare Perks LLC, Legal and Compliance 3839 Forest Hill Irene Rd Memphis, Tennessee 38125.
The administrator for the arbitration is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with Medicare Perks. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page: http://www.adr.org/consumer_arbitration.
The arbitration will be governed by the AAA’s Commercial Arbitration Rules and its Consumer-Related Disputes Supplementary Procedures (together, the “AAA Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, these Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures related to discovery would not result in a fundamentally fair arbitration (see paragraph 9 below), the arbitrator may make any discovery order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules. For information on rules, visit: http://bit.ly/M8qI1P.
Commencing an Arbitration
To commence a timely arbitration against Medicare Perks, you must complete a short form, submit it to the AAA, and send a copy to Medicare Perks, Legal and Compliance, 3839 Forest Hill Irene Rd Memphis, Tennessee 38125. To learn more about commencing an arbitration and to obtain a form to institute arbitration, see the AAA’s claim filing page,http://www.adr.org/fileacase, and its guide on Representing Yourself in Arbitration, http://www.adr.org/si.asp?id=4128.
You may represent yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon receipt of a timely arbitration claim, Medicare Perks may assert any counterclaims it may have against the complaining party.
You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. Medicare Perks will pay all remaining fees. If your claim against Medicare Perks is for less than $1,000, we will pay all fees. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.
Selection of the Arbitrator
The parties, using the AAA’s standard procedures, will select a single arbitrator from a roster of neutrals prepared by the AAA.
If you are seeking less than $10,000, the arbitrator will decide the dispute based only upon the parties’ written submissions and, if requested by either party, a telephonic hearing. The parties may submit to the arbitrator written statements setting forth their positions no later than 60 days after the arbitrator’s appointment.
Each party may also submit a rebuttal or supplemental statement within 15 days after initial statements are due. If a telephonic hearing is requested, it will occur within 90 days after the arbitrator’s appointment.
If you are seeking at least $10,000 but less than $50,000, any initial written statements will be due within 60 days after the arbitrator’s appointment, and any rebuttal or supplemental statements will be due within 15 days after initial statements are due. A telephonic hearing is required and will occur within 120 days after the arbitrator’s appointment.
If you are seeking $50,000 or more, initial written statements are required and must be submitted to the arbitrator within 90 days after his or her appointment. Any rebuttal or supplemental statements will be due within 30 days after initial statements are due.
The hearing before the arbitrator must be in-person, unless both sides agree to a telephonic hearing, and will occur at a location to be determined by the arbitrator within 6 months after his or her appointment. Additionally, either party will have a right to file motions for summary judgment and motions in which shall be ruled upon prior to any hearing.
The arbitrator, upon a good cause application from either party, or on the arbitrator’s own initiative, may modify any of the foregoing deadlines. Additionally, for any matter in which a hearing (telephonic or otherwise) both sides shall provide a list of expected witnesses to be called no later than 15 days prior to the hearing.
The above rules also apply to claims or counterclaims brought by Medicare Perks, LLC
Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide sufficiently detailed information concerning the nature of their claims or defenses such that a full and fair hearing can be conducted. Any such discovery requests must be served on the other party within 15 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 30 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense. Unless the arbitrator finds good cause to do so, no other forms of written discovery (such as interrogatories or requests for admissions) may be utilized. No depositions may be taken, except by agreement of the parties or by order of the arbitrator upon a showing of good cause by the requesting party and a finding by the arbitrator that the deposition is necessary for a full and fair hearing.
Communications with the Arbitrator
Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal. Following the issuance of an arbitration award, the arbitrator may order, upon the request of either party, that any materials supplied in the course of the arbitration be destroyed or returned to the producing party.
The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. In addition to the arbitration award, if a party is represented by counsel, the arbitrator may, in his or her discretion, award the prevailing party attorneys’ fees as discussed herein. If any attorneys’ fees are awarded, the maximum amount shall be $1,000.00 (one thousand dollars), or 5% (five percent) of the total final arbitration award (i.e. the amount ultimately awarded after any proceedings to confirm, modify, or vacate the award have been heard) whichever is greater. However, Medicare Perks will not seek reimbursement of its attorney fees from the closing party. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.
A party shall be held in default if it: (a) fails to respond to a claim or counterclaim within the time prescribed by the AAA Rules; or (b) materially fails to participate in the arbitration process (e.g., by failing to submit information necessary to select an arbitrator, to respond to discovery requests in a timely and complete fashion, or to appear at conferences or the hearing). Upon default, the arbitrator shall enter an award in favor of the non-defaulting party and against the defaulting party.