Medicare has neither endorsed nor reviewed the information provided by the Medicare Coach or this website. Medicare Coach, LLC ® is not connected with or endorsed by the United States government or the Medicare program.
Medicare Enrollment Concierge Services Agreement
When you purchase Medicare Enrollment Concierge Services (the “Concierge Services”) from The Medicare Coach, LLC (the “Coach”), you are acknowledging that you understand and agree to be legally bound by the terms and conditions of this Concierge Services Agreement (the “Agreement”).
1. Concierge Services Description.
Concierges Services provided by Coach consist of the following services:
- One-on-one calls with your Medicare Coach
- Client intake and discovery process to understand your unique Medicare situation and needs
- Medicare Program Research and Recommendations
- Part D Research and Recommendations
- Supplement (Medigap) Plans Research and Recommendations
- IRMAA Analysis and Recommendation (if applicable)
- Completed Parts for Applicable Medicare Enrollment – Note that because of privacy restrictions Coach cannot complete enrollments for Medicare parts A and B but will help you by providing guidance and instruction.
- Review of Employer Health Plan (if applicable)
- Financial Comparison between Medicare Options that Coach believes will best suit your needs
- Personalized Medicare Timeline
- Access for 12 Months to the Medicare Coach Help Desk
2. Term & Cancellation
Term
This Agreement commences upon the date you initially purchase access to Concierge Services and shall continue until the earlier of: (a) the termination of the Concierge Services program by Coach; (b) termination of Concierge Services for nonpayment of any portion of the Concierge Services fees; (c) upon your violation of the terms or conditions of this Agreement; (d) the one-year anniversary date of when you initially enroll in Medicare; or (e) the five-year anniversary date of when you initially purchased Concierge Services.
Cancellation by You
IF YOU DECIDE YOU DO NOT WISH TO RECEIVE CONCIERGE SERVICES, YOU MAY CANCEL THIS AGREEMENT BY MAILING TO COACH BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU PURCHASE CONCIERGE SERVICES A NOTICE STATING YOUR DESIRE TO CANCEL THIS AGREEMENT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: THE MEDICARE COACH, LLC, 1880 KIMBALL, OFFICE 120-E, MANHATTAN, KS 66502. TO EXPEDITE PROCESSING OF YOUR REQUEST, PLEASE SEND A COPY OF IT TO COACH BY EMAIL TO MEDICARE@MYMEDICARECOACH.COM WITH THE SUBJECT LINE “CONCIERGE SERVICES CANCELATION REQUEST.”
Cancellation by Coach
Coach reserves the right to unilaterally cancel Concierge Services at any time for any reason by notifying you via email at the address you provided when initially signing up for your Program. If your email address changes during the term of this Agreement, you must promptly notify Coach of such so that your customer records can be updated. Coach may elect to terminate Concierge Services immediately. If otherwise eligible for a refund, Coach will refund the amount you paid for Concierge Services prior to cancellation.
Destruction of Program Materials
If Concierge Services are terminated for any reason prior to your enrollment in Medicare, upon Coach’s request, you must delete all Program Materials in your possession or control, including digital files, video, audio, and text files you obtained from Coach. If Coach requests destruction of the Program Materials, you agree to sign a related Affidavit of Destruction in a form satisfactory to Coach, signing and returning a requested Affidavit of Destruction is a precondition to receiving such a refund. Please remember that continuing to use Program Materials after your license to use the Materials is terminated is the same thing as stealing and may also violate applicable intellectual property rights law.
3. Program Fees
You agree to pay the Concierge Services Program fee in full in advance unless Coach offers you a multi-payment option for the fee.
4. Method of Payment
You agree and represent that all information you provide for the purpose of becoming and staying a Concierge Services program participant will be accurate, complete, and current. If Coach offers and you accept a multi-payment option for the Concierge Services fee, it is your responsibility to timely update payment information with Coach to prevent your access to Concierge Services from being cancelled for nonpayment.
You expressly authorize Coach to charge your credit card, debit card, or PayPal account for any and all applicable fees associated with Concierge Services hereunder. If you provide Coach with a credit card or debit card that expires before you have made payment in full of the Concierge Services fee, Coach reserves the right to charge any renewal card issued to you as a replacement without any additional consent by you.
5. License to Use Program Materials
As part of the Concierge Services, you are purchasing a nonexclusive nontransferable nonsublicensable revocable license to use the written, audio, and visual program materials (the “Materials”) provided to you during the term of this Agreement. This license expressly excludes all other Coach programs, training courses, memberships, and their materials for which you have not paid separate program, membership, or course fees.
You understand and agree the copyrights and trademarks for the Materials are owned solely by Coach and by purchasing Concierge Services that includes this license, you do not acquire any intellectual property ownership of the Materials.
You agree to keep confidential the proprietary data and copyrighted information you receive in the Materials and agree not to publish, resell, distribute, or summarize them for others’ use in any way. You understand the Materials: (a) remain the sole and exclusive property of Coach, which retains all rights thereto; (b) cannot not be resold by you or otherwise distributed with or without consideration; (c) will not be made available by you to any other person; (d) will not be reproduced or summarized in any manner; and (e) will be destroyed or returned to Coach immediately upon demand should you violate any of these terms or conditions.
If Coach requests destruction of the Materials upon termination of this Agreement for any reason, you agree to furnish Coach with an Affidavit of Destruction in a form satisfactory to Coach acknowledging your destruction of all Materials in your possession within seven (7) business days of the termination.
If you violate the terms and conditions of this Agreement, Coach may pursue civil and/or criminal prosecution against you.
The term of this license to use the Materials shall cease immediately upon the earlier of: (a) the termination of the Concierge Services by Coach; (b) the termination of Concierge Services for nonpayment of any portion of the program’s fees; (c) upon your violation of the terms or conditions of this Agreement; or (d) the one-year anniversary date of when you initially purchased access to the Concierge Services.
You will not at any time during or after the effective term of this Agreement, dispute or contest, directly or indirectly, Coach’s exclusive right and title to the Materials and/or the copyrights or the validity thereof. Coach, however, makes no representation or warranty with respect to the validity of any trademark or copyright that may issue or be granted therefrom.
You acknowledge the Materials and the copyrights have acquired secondary meaning.
You agree your use of the Materials inures to the benefit of Coach and you shall not acquire any rights in the Materials and/or the trademarks and copyrights.
Upon the expiration or termination of this license, you acknowledge all of your rights under this Agreement shall forthwith terminate and immediately revert to Coach and you shall immediately discontinue all use of the Materials at no cost whatsoever to Coach.
You recognize the value of the goodwill associated with the Materials and acknowledge the Materials, and all rights therein including the goodwill pertaining thereto, belong exclusively to Coach.
Coach shall have the sole and exclusive right, in its discretion, to Coach and prosecute lawsuits against third persons for infringement of the rights licensed in this Agreement. All sums recovered in any such lawsuits, whether by judgment, settlement or otherwise, in excess of the amount of reasonable attorneys’ fees and other out of pocket expenses of such suit, shall be retained solely by Coach.
You will fully cooperate with Coach in the prosecution of any such suit against a third party and shall execute all papers, testify on all matters, and otherwise cooperate in every way necessary and desirable for the prosecution of any such lawsuit.
6. Access to Written Materials, Video & Audio Recordings
Any access to written content, video recordings, or audio recordings is solely for convenience. Coach does not promise to make any such written content or recordings available and reserves the right to delete any written content or recording at any time for any reason.
7. Disclaimers
You understand and agree there are important risk factors that should be considered by you when deciding whether to purchase Concierge Services from Coach. The following disclaimers apply to the extent the Materials and/or our communications with you refer to health-related (physical, emotional, and/or mental) matters.
Health References
Health references by Coach, its principals, employees, and agents, are an educational service consisting solely of general health information. Our communications and Materials are provided “as is” and without warranties of any kind either express or implied.
Not Professional Care or Advice
Neither the Concierge Services nor the Materials is a substitute for professional medical or financial advice, diagnosis, or care. The information provided by Coach is not intended to provide specific financial or health advice, or any other advice whatsoever, and should not be relied upon in that regard. Coach’s principals, employees, and agents are not financial or medical professionals and nothing in our communications or the Materials should be misconstrued to mean otherwise.
Testimonials, Case Studies & Examples
Concierge Services’ program testimonials, case studies, and examples are exceptional results, do not reflect the typical participant’s experience, don’t apply to the average person, and are not intended to represent or guarantee anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a peer-reviewed scientific study or other reputable third-party source, you should presume the typical results as stated are more reliable than the testimonials, case studies, and examples found on Coach’s websites, social media, the Materials, and in the program’s promotional content.
Your Success
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations, or guarantees whatsoever to you about the results you will achieve as a direct or indirect result of the Concierge Services or the Materials. And we have not authorized any such projection, promise, or representation by others.
Any statements or examples only estimate what we think a Concierge Services’ program participant can do. There is no assurance you will do as well as stated in any examples. If you rely upon any statements or examples, you must accept the entire risk of not doing as well as the information provided.
There is no assurance that any prior successes or past results by others will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies.
Your success in using the information, strategies, and tactics provided by the Concierge Services, in the Materials, and in our communications depends upon a variety of factors beyond our control. We also have no way of knowing how well you will do because we do not know you, your background, your work ethic, your dedication, your motivation, your desire, your skills, or your practices. Therefore, we do not guarantee or imply that you will save money, become healthier, etc.
Due Diligence
You should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by you or third parties.
As-Is and As-Available
CONCIERGE SERVICES, OUR COMMUNICATIONS, AND ACCESS TO THE MATERIALS ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE CONCIERGE SERVICES AND THE INFORMATION YOU RECEIVE FROM US IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. COACH DOES NOT WARRANT THAT USE OF THE CONCIERGE SERVICES, MATERIALS, OR COMMUNICATIONS WITH US WILL BE ERROR-FREE OR UNINTERRUPTED. COACH IS NOT RESPONSIBLE FOR THIRD PARTY SOFTWARE INSTALLED OR USED BY YOU, WEBSITE OPERATION OR PERFORMANCE, THE PERFORMANCE OR OPERATION OF YOUR INTERNET SERVICE PROVIDER(S) USED TO ACCESS PROGRAM MATERIALS AND COMMUNICATIONS, OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET.
Accuracy
Facts and information are believed to be accurate at the time they were placed in the Materials or otherwise communicated to you. All information provided by Coach is to be used for informational purposes only. The Concierge Services’ program is only offered in jurisdictions where it may be legally offered. Information provided is not all-inclusive, and is limited to available information, and such information should not be relied upon as all-inclusive or accurate.
You agree to hold Coach, its principals, employees, and agents harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the Concierge Services, and/or activities discussed in the Materials or our communications with you, excepting only claims for gross negligence or intentional tort.
8. Limitation of Liability
IN NO EVENT SHALL COACH, ITS PRINCIPALS, EMPLOYEES, OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL LIABILITY OF COACH, ITS PRINCIPALS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER EXCEED THE TOTAL SUM PAID TO COACH BY YOU FOR THE CONCIERGE SERVICES.
9. Non-Discrimination
Coach, its principals, employees, and agents do not discriminate in the Concierge Services Program, other programs, or activities on the basis of race, color, national origin, citizenship status, ethnic origin, ancestry, age, religion, religious creed, physical or mental disability, handicap, sex, gender, gender identity, gender expression, sexual orientation, marital status, military status, veteran status, or any other characteristic protected under applicable law. When dealing with Coach, its principals, employees, agents, and other program participants, you also agree not to discriminate based on any of these characteristics.
10. Prohibited Conduct
You agree that you will only use Concierge Services, our communications, and the Materials for lawful purposes. This includes, but is not limited to, compliance with all applicable laws, rules, and regulations. Coach reserves the right to disclose your information to any government law enforcement agency that requests it without providing notice to you.
11. Photos, Video, Audio & Derivative Works
To satisfy an express condition precedent to participation in the Concierge Services, you authorize Coach, its principals, employees, agents, successors, and assigns to take photographs as well as record audio and video of all of your program activities, including comments made, during your participation in the program. This includes, but is not limited to, your participation in any live events, program calls, webinars, and teleseminars. You fully understand and agree these photographs and recordings may be edited, published, reproduced, summarized, transcribed, sold or given away by Coach, its principals, employees, agents, successors, and assigns, both offline and via the Internet, without any compensation to you. Furthermore, you acknowledge Coach is the sole copyright owner for these images, recordings, and any derivative works.
12. Refunds
- Governing Refunds Policy
Program refunds are governed by the terms and conditions of this Agreement. To the extent there is a conflict between general refund and cancellation policies on Coach’s websites and this Agreement, the terms and conditions of this Agreement will govern.
- b. How to Cancel
If you want to cancel Concierge Services, please use the information in the “Cancellation by You” provisions of Section 2 of this Agreement (see above) to make your cancellation and refund request.
- c. Timely Requests
If you have made a timely request to cancel Concierge Services and obtain a refund per the “Cancellation by You” provisions of Section 2 of this Agreement (see above), and you are eligible for a refund, we will confirm Concierge Services have been cancelled (and any refund) by either email or postal mail.
IF YOU MAKE A REFUND REQUEST AFTER (1) THE THIRD BUSINESS DAY POST-PURCHASE OR (2) WE HAVE SUBSTANTIALLY PROVIDED CONCIERGE SERVICES, THERE ARE NO REFUNDS BECAUSE THE REQUEST IS UNTIMELY.
13. Non-Disparagement
During and after the term of this Agreement, neither party to this Agreement nor anyone acting on their behalf shall make any derogatory or disparaging statements about the other, or its past or present direct or indirect parent companies or its past or present subsidiaries or affiliates, or any of its past or present officers, directors, employees, consultants, agents, representatives, successors or assigns, or directly or indirectly take any action which is intended to embarrass any of them. This provision for non-disparagement shall survive termination of this Agreement.
14. Force Majeure
Coach, its principals, employees, and agents shall not be liable for failure to perform any of Coach’s obligations under this Agreement during any period in which Coach cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic or pandemic, explosion, casualty, war, terrorism, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or similar cause beyond Coach’s control.
15. Severability
If any part of this Agreement is declared void, this Agreement, to the maximum practicable extent, shall be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing.
16. Relationship of the Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Coach because of this Agreement, the Concierge Services, Materials, and/or our communications.
17. Governing Law, Venue & Dispute Resolution
Coach’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Coach’s right to comply with governmental, court and law enforcement. Use of the Program Area is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
This Agreement shall be governed and construed in accordance with the laws of the State of Kansas applicable to Agreements made and to be performed in the State of Kansas.
To the extent you have in any manner violated or threatened to violate Coach’s intellectual property rights, Coach may seek injunctive or other appropriate relief in any state or United States federal court, and you consent to exclusive jurisdiction and venue in such courts.
You agree any legal action or proceeding by you against Coach for any purpose will be submitted by you to confidential binding arbitration in Riley County, Kansas, under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Any such claim brought by you under this Agreement may not be aggregated with other claims by you or third parties against Coach.
18. Waiver
No waiver by Coach of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
19. Assignability & Sublicenses
You fully understand and agree the license granted hereunder is personal to you and shall not be assigned or sublicensed by any act by you or by operation of law unless with the prior written consent of Coach. You also understand and agree that this Agreement may be assigned by Coach to any successor in interest to Coach.
20. Headings and Construction
The section and other headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All references to this Agreement and the words “herein”, “hereof”, “hereto” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Section or other subdivision. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any Party hereto or the drafter(s) of this Agreement.
21. Entire Agreement & Modifications
This is the entire Agreement between the parties and may not be modified unless done so in a writing signed by duly authorized signatories of both parties.
Copyright © 2010-2023 Law Office of Michael E. Young PLLC, and licensed for use by The Medicare Coach, LLC. All Rights Reserved. No portion of this Concierge Services Agreement may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.