Terms of Service

Updated July 1, 2025

OPENENROLLMENT.HEALTHCARE TERMS OF USE

IMPORTANT: PLEASE REVIEW THESE TERMS OF USE BEFORE ACCESSING,
USING OR SUBMITTING ANY INFORMATION ON OpenEnrollment.Healthcare
along with all subdomains.

718 Collection, Inc. d/b/a Acme Health and Life Insurance Agency and its affiliates
(hereinafter and collectively “Acme”, “we” or “our”) operate this Website (the “Site”) and
we also provide related and ancillary services (“Services”).

These Terms of Use set forth the terms and conditions governing access to and use of
the Site by casual visitors and potential customers or Users (“you”). Each time you
access or use this site, including submitting information requests, you accept the terms
and conditions set forth in these Terms of Use as well as the terms and conditions set
forth in our Privacy Policy (linked below) (collectively, “Terms”).

BY USING THE WEBSITE, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND
BY AND ABIDE BY ALL OF THE TERMS CONTAINED HEREIN. AND IF YOU DO NOT
AGREE WITH THE ENTIRETY OF THESE TERMS, YOU ARE NOT GRANTED
PERMISSION TO ACCESS OR USE THE WEBSITE AND/OR ACME’S SERVICES
AND ARE HEREBY INSTRUCTED TO EXIT THE WEBSITE IMMEDIATELY. ANY
UNAUTHORIZED USE OF THE WEBSITE, RELATED SERVICES AND MATERIALS
ARE EXPRESSLY PROHIBITED. We may update or modify these terms by posting
such update or modification on the Website or by other means as may be required by
applicable law. Any such change, update, or modification will be effective immediately
upon posting on the Website. If you do not agree to the new changes, you must
immediately cease using the Website.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS
ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY
TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY
AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS
SPECIFIED BELOW OR IF YOU OPT-OUT. 

1. Acceptable Use

You may use the Site to learn about Acme, our products and services, and to
request information about our products and services.
You shall not (and shall not assist any third party to): (a) decompile, disassemble,
or otherwise reverse engineer or attempt to reconstruct or derive any source
code (or underlying ideas, algorithms, structure or organization) from the Site or
from any other information by any means whatsoever; (b) distribute, disclose or

allow use of any of the Site in any format through any timesharing device, service
bureau, network or by any other means, to or by any third party; or (c) modify or
create a derivative work of the Site or any portion thereof. You further agree that
you will not upload or transmit any communications or content of any type
through the Site that infringe or violate any rights of any party. By submitting
communications or content through the Site or by email to us, you agree that
such submission is accurate and non-confidential for all purposes. You may not
use the Site to send unsolicited commercial email to any person.
You must not use the Site in any way that causes, or may cause, damage to, or
impairment of the availability or accessibility of, the Site or in any way which is
unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal,
fraudulent or harmful purpose or activity. You must also not use the Site to copy,
store, host, transmit, send, use, publish or distribute any material which consists
of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, or other malicious computer software.

2. Your Obligations

You are responsible for your usage of the Site, including any information requests
you may submit through our Site. You shall indemnify us (in this provision –
including our affiliates, officers, directors, employees, consultants, agents, clients,
licensors and their respective successors and assigns) and hold us harmless
against any claim, damage, loss, liability or expense, including reasonable
attorneys’ fees, arising out of your failure to comply with these Terms or any
unauthorized use of the Site. You may not, in any way or by any means,
rebroadcast or redistribute your access to or use of the Site. You may not scrape
or collect any information available on the Site or in the Services. You may not
post or transmit any threatening, obscene, libelous, unlawful or otherwise
offensive material. In addition, you agree to abide by all applicable local, state,
national, and international laws and regulations with respect to your use of this
Site and that you are responsible for determining which such laws apply. We
reserve the right, in our sole discretion, to immediately and without notice
terminate your access to and use of this Site.

3. License to use the Site; Intellectual Property

Unless otherwise stated, Acme and/or its licensors own the intellectual property
rights in and to the Site, the Services and all material on and generated from the
Site or the Services. Except as expressly permitted in these Terms, all intellectual
property rights in the Site and Services are reserved to Acme. Subject to these
Terms, we grant you a non-exclusive, non-transferable, limited right to access
and use the Site for your own personal purposes. No other right, title, or interest
in the Site is granted to you.

4. Your Feedback to Us

You assign all rights, titles, and interests in any feedback, including reviews,
communications, postings and other documents that you provide us. If for any
reason such assignment is ineffective, you agree to grant the Company a non-
exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use,
reproduce, disclose, sub-license, distribute, modify and exploit such feedback
without restriction.

5. Privacy and Security

By using the Site, and to the extent authorized by applicable law and consistent
with our Privacy Policy, you consent to such processing of your personal data.
Our Privacy Policy can be found here: https://openenrollment.healthcare/privacy-
policy/

6. Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY
AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A
LAWSUIT IN COURT. SUBJECT TO THE TERMS OF THIS SECTION, YOU
AND ACME AGREE THAT ANY AND ALL CLAIMS (AS THAT TERM IS
DEFINED BELOW) THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND
ACME SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT.
Except as otherwise stated herein, any controversy or claim arising out of or
relating to these Terms, or the breach thereof, shall be settled by arbitration
administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction pursuant to the
Forum Selection provision of these Terms. If you desire to opt out of this
arbitration provision, you must provide notice to Acme before any further use of
or access to the Site.

7. Class Action Waiver

Separate and apart from the agreement to arbitrate set forth above and to the
maximum extent permitted by law, the parties hereby independently waive any
right to bring or participate in any class action, private attorney general action, or
other representative action, however denominated, in any way for any Claims
against the other.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER,
YOU MAY ONLY BRING CLAIMS AGAINST ACME, ITS AGENTS, OFFICERS,
SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES,

PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION,
OR OTHER REPRESENTATIVE PROCEEDING.

8. Legal Age Requirement

By accessing or using this Site you hereby represent that you are a legal resident
of the United States and at least 18 years of age – or the legal age of majority in
your permanent jurisdiction of residence. We reserve the right to request anyone
accessing the Site or our Services to provide written proof of age in any form.

9. Warranty Disclaimer

THE SITE AND ALL MATERIALS AND SERVICES AVAILABLE ON THE SITE
ARE PROVIDED BY ACME ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ANY WARRANTY
AS TO SECURITY, ACCURACY AND NON-INFRINGEMENT, AND ALL OTHER
WARRANTIES, WHICH MIGHT OTHERWISE ARISE FROM COURSE OF
DEALING BETWEEN YOU AND US OR USAGE OF TRADE.
NEITHER ACME, NOR ANY OF OUR CLIENTS, SERVICE PROVIDERS OR
SUPPLIERS WARRANT THAT THE SITE, THE SERVICES OR ANY FUNCTION
CONTAINED IN THE SITE OR THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE
SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM
OUR PERSONNEL OR THROUGH THIS SITE OR SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ACME, NOR OUR
CLIENTS, SERVICE PROVIDERS OR SUPPLIERS WILL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR
RESULTING FROM ANY USE OR THE INABILITY TO USE THE SITE OR
SERVICES (INCLUDING CONTENT OR OTHER MATERIAL ON THE SITE OR
ANY WEBSITE LINKED TO EITHER THE SITE OR THE SERVICES),

PERFORMANCE OR USE OF THE SERVICES, AS WELL AS UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES
AND LOSSES EXCEED THE AMOUNT PAID BY YOU TO US IN THE MONTH
IMMEDIATELY PRECEDING THE CLAIM OR $100, WHICHEVER IS GREATER.
IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE
TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION
OF YOUR USE OF THE SITE.

11. Breaches of these terms and conditions

Without prejudice to our other rights under these Terms, if you breach these
Terms in any way, we may take such action as we deem appropriate to deal with
the breach, including suspending your access to the Site, prohibiting you from
accessing the Site, blocking computers using your IP address from accessing the
Site, and/or bringing court proceedings against you. For the avoidance of doubt,
any injunctive relief we may seek against you for your violation of these Terms
shall not be subject to the arbitration clause and we may seek such injunctive
relief and you waive any requirement of bond or proof of damages to seek such
injunctive relief.

12. Links

The Site or the Services may contain links to third party websites.  Acme is not
responsible for the content of linked third party websites and does not make any
representations regarding the content or accuracy of materials on such third-
party websites.

13. Governing Law and Jurisdiction

These Terms will be governed by, and construed and enforced in accordance
with, the laws of the State of Florida, without regard to conflicts of law principles.
You hereby unconditionally and irrevocably submit to the exclusive jurisdiction
and venue of the state and/or federal courts located in Palm Beach County,
Florida over any disputes that are not subject to arbitration or actions to enforce
any arbitration award (except for disputes brought in small claims court).

14. CONTACT US

contact@acmeinsuranceagency.com

1690 s congress ave
#120
Delray 33445