Section 1 — Acceptance of terms
These Terms of Use ("Terms") form a binding agreement between you and TMS Insurance Brokerage, Inc., doing business as Clarity65 ("Clarity65," "we," "us," or "our"). By accessing or using clarity65.com (the "Site"), you accept these Terms. If you don't accept these Terms, you may not use the Site.
These Terms apply to all visitors and users of the Site. Additional terms may apply to specific services or interactions (for example, when you enroll in an insurance plan through a carrier — that enrollment has its own separate contract directly with the carrier).
Section 2 — Who we are
Clarity65 is a trade name of TMS Insurance Brokerage, Inc., a Texas-licensed insurance agency (License #1989071), with offices at 1901 NW Military Hwy Ste 200, San Antonio, TX 78213. We are an independent insurance brokerage authorized to sell Medicare and senior insurance products in the states listed on our State Licensing page.
Clarity65 is not part of the federal Medicare program and is not connected with or endorsed by the U.S. Government or the federal Medicare program.
Section 3 — Permitted use of the site
You may use the Site to:
- Research Medicare and senior insurance topics
- Compare insurance products available through Clarity65
- Request a free consultation with a licensed agent
- Submit an inquiry or contact form
- Access the third-party plan comparison tool we link to
You agree to use the Site only for lawful purposes and in accordance with these Terms.
Section 4 — Prohibited use
You agree NOT to:
- Use the Site for any unlawful purpose or in violation of any applicable federal, state, or local laws
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Submit false, inaccurate, or misleading information through any form on the Site
- Attempt to gain unauthorized access to any portion of the Site, our servers, or any related systems
- Use any automated means (bots, scrapers, crawlers) to access the Site or harvest content without our written permission
- Interfere with or disrupt the operation of the Site, including by introducing viruses or other malicious code
- Use the Site to harass, threaten, or harm any person
- Use the Site to transmit unsolicited commercial communications
- Reproduce, distribute, modify, or create derivative works of any content on the Site without our written permission
- Reverse engineer, decompile, or attempt to extract the source code of any software underlying the Site
We reserve the right to terminate or restrict your access to the Site at any time for any violation of these Terms.
Section 5 — Site content and intellectual property
All content on the Site — including text, graphics, logos, images, audio, video, software, and the overall design — is the property of Clarity65, TMS Insurance Brokerage, Inc., or our licensors, and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
The "Clarity65" name and logo are trade names of TMS Insurance Brokerage, Inc. You may not use them without our prior written permission.
You may print or download content from the Site for your personal, non-commercial use only. Any other use requires our prior written permission.
Section 6 — Information on the site is not advice
The information on the Site is provided for general educational and informational purposes only. It is not insurance advice, legal advice, tax advice, financial advice, or medical advice.
Insurance decisions depend on your specific situation — your health, your prescriptions, your doctors, where you live, your financial situation, and other factors. The Site cannot account for those individual factors on its own. You should speak with a licensed insurance agent before making any decision about Medicare or insurance coverage. You should speak with a licensed attorney, tax professional, or financial advisor for legal, tax, or financial questions.
We make reasonable efforts to keep the Site current, but Medicare rules, insurance products, and pricing change frequently. We do not guarantee that the information on the Site is current, complete, or error-free.
Section 7 — Insurance products and carrier relationships
Clarity65 is an independent insurance brokerage. We represent multiple insurance carriers and compare plans across them to help you find what fits.
We do not offer every Medicare plan available in your area. The plans we offer depend on the carriers we are appointed with in your state at the time of your inquiry. Please contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program (SHIP) for information on all of your options.
Any quotes, premiums, or coverage details shown on the Site or discussed with our agents are subject to underwriting and final approval by the issuing insurance carrier. Final policy terms are governed by the contract you enter into with the carrier, not by anything on this Site.
Section 8 — Third-party links and tools
The Site may contain links to third-party websites and tools, including a third-party plan comparison tool (Sunfire) and external resources such as Medicare.gov.
We provide these links for your convenience. We do not control, endorse, or take responsibility for the content, privacy practices, accuracy, or availability of third-party sites. Your use of any third-party site is at your own risk and is governed by the third-party site's terms and privacy policy, not by ours.
Section 9 — Disclaimer of warranties
THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; WARRANTIES THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
Section 10 — Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLARITY65, TMS INSURANCE BROKERAGE, INC., OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL — ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Section 11 — Indemnification
You agree to defend, indemnify, and hold harmless Clarity65, TMS Insurance Brokerage, Inc., and our officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of:
- Your use of the Site
- Your violation of these Terms
- Your violation of any third-party right, including any intellectual property right or privacy right
- Any claim that information you submitted through the Site caused damage to a third party
Section 12 — Governing law and dispute resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles.
Any dispute arising out of or relating to these Terms or your use of the Site must be brought in the state or federal courts located in Bexar County, Texas. You consent to the personal jurisdiction of those courts.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Section 13 — Changes to these terms
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page. Material changes will be communicated by a notice on the Site. Your continued use of the Site after any update means you accept the updated Terms.
Section 14 — Contact us
If you have any questions about these Terms, contact us at:
Clarity65 (TMS Insurance Brokerage, Inc.)
1901 NW Military Hwy Ste 200
San Antonio, TX 78213
Email: legal@clarity65.com
Phone: 866-531-6565