Terms & Conditions

Acceptance of these terms

These Terms & Conditions govern your use of OptimalHealthChoices.com, operated by Poshnee Tech LLC. By using this website or submitting the form on it, you agree to these terms. If you do not agree, please do not use the site.

What this service is — and is not

We are a Third-Party Marketing Organization. We connect people who are Medicare-eligible, or approaching eligibility, with licensed insurance agents.

• We do not sell insurance. We are not an insurance company, agency, or producer of record for any policy.
• We do not enroll you in anything. No enrollment can occur through this website.
• We do not give insurance, medical, tax, or legal advice. Information on this site is general and educational.
• We do not represent every plan. See the multi-plan disclaimer at the foot of every page.

Poshnee Tech LLC and the licensed agents it works with are not connected with or endorsed by the United States government or the federal Medicare program. For official information about all of your options, contact Medicare.gov or 1-800-MEDICARE.

Eligibility to use this site

You must be at least 18 years old and located in the United States to use this website. By submitting the form you confirm that you are providing your own information, or that you have the legal authority to act on behalf of the person whose information you provide.

Consent to be contacted

The form on this site includes a separate, unchecked consent checkbox. By checking it and submitting, you give prior express written consent to be contacted by the single licensed insurance agency named in that consent language, at the telephone number you provided.

• Contact may be made by automatic telephone dialing system, artificial or prerecorded voice, and/or SMS text message.
• Consent is not a condition of purchasing any product or service.
• Message and data rates may apply. Message frequency varies. Reply STOP to opt out, HELP for help.
• You may speak with a licensed agent without giving consent by calling (833) 690-5085 (TTY 711).
• You may withdraw consent at any time, by any reasonable method, and we will honor it across all channels.

The exact consent wording shown to you is recorded with your submission, together with a third-party consent certificate. See the Privacy Policy for how that works.

Accuracy of the information you provide

You agree that the information you submit is accurate and that the telephone number you give is a number you own or are authorized to provide. Submitting another person's telephone number without their permission is a misuse of this service and may violate federal and state law.

Licensed agents and third parties

Licensed insurance agents and agencies are independent third parties. They are not our employees or agents, and we do not control their conduct, licensing, advice, or the terms of any policy they present to you.

Any transaction you enter into with an agent or insurance company is between you and that party. We are not responsible for their acts or omissions. If an agent contacts you who was not named in the consent you gave, please report it to info@poshnee.com.

This site may link to third-party websites. We do not control and are not responsible for their content or privacy practices.

Acceptable use

You agree not to:

• Submit false, misleading, or another person's information without authorization
• Use automated means to submit forms, scrape, or overload the site
• Attempt to gain unauthorized access to any part of the site or its systems
• Interfere with the operation or security of the site
• Use the site for any unlawful purpose

Intellectual property

The content, layout, design, and code of this website are owned by Poshnee Tech LLC or its licensors and are protected by intellectual property law. You may view and print pages for your own personal, non-commercial use. You may not reproduce, distribute, or create derivative works without written permission.

Disclaimer of warranties

This website and the service are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted or error-free, or that any information on it is complete or current.

Plan availability, benefits, and terms vary by county and by plan year and are determined solely by the insurance company offering the plan.

Limitation of liability

Your use of this website and its services is at your sole risk. The website and all content and services provided through it are offered “as is” and “as available,” without warranties of any kind, express or implied. Poshnee Tech LLC does not guarantee that the website or its content will be accurate, complete, timely, secure, uninterrupted, or error-free.

To the fullest extent permitted by law, Poshnee Tech LLC and its officers, members, employees, agents, vendors, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits or data, arising from or relating to your use of the website or its services, regardless of the legal theory involved.

Where liability cannot be excluded, Poshnee Tech LLC’s total aggregate liability shall not exceed US $100. Some states or jurisdictions do not allow the exclusion or limitation of certain types of damages or implied warranties. Accordingly, some of the above exclusions or limitations may not apply to you. In such jurisdictions, the liability of Poshnee Tech LLC and its officers, members, employees, agents, vendors, licensors, affiliates, and service providers shall be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify and hold harmless Poshnee Tech LLC and its officers, members, employees, and vendors from any claim, demand, loss, or expense, including reasonable legal fees, arising from your breach of these terms, your misuse of the site, or your submission of information you were not authorized to provide.

Governing law and disputes

These terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Any dispute arising out of these terms or your use of the site will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the jurisdiction of those courts.

Arbitration and dispute resolution

Any dispute, claim, or controversy arising out of or relating to these Terms of Use or your use of the website shall be resolved through binding individual arbitration in accordance with applicable law.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA.

The arbitration shall be held at a mutually agreed location but may proceed telephonically in the event the total amount of the claim does not exceed $10,000 U.S. dollars (if the claimant so chooses). The arbitrator shall be selected pursuant to the AAA rules, or otherwise as mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. In the event the parties are unable to agree on a neutral arbitrator, the party making the claim may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore by registered or certified mail.

You agree that disputes will be resolved on an individual basis only and waive any right to participate in a class action or class-wide arbitration, to the extent permitted by law.

Nothing in this section prevents either party from seeking temporary injunctive or equitable relief in a court of competent jurisdiction where necessary.

Changes to these terms

We may revise these terms from time to time. The "last updated" date reflects the most recent revision. Continued use of the site after a change constitutes acceptance of the revised terms.

Contact

Poshnee Tech LLC
5900 Balcones Drive, STE 100, Austin, TX 78731
Email: info@poshnee.com
Phone: (737) 237-2783 (TTY 711)
Hours: Mon–Fri, 9:00 AM–9:00 PM ET