Terms of Service
PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS OF LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
1. Use of Resources
Your use of the Company’s website, customer relationship management software, agent portal, leads, or your receipt of any commissions or other compensation from any insurance carrier affiliated with the Company (collectively, “Resources”) is conditioned on your acknowledgement, agreement, and compliance with these Terms. These Terms apply to all insurance agents that sell or market any products through their affiliation with the Company or in connection with use of any of the Resources.
By using the Company’s Resources, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must immediately notify the Company and discontinue your relationship with the Company.
All Resources are provided “as is.” The Company makes no warranties, express, implied or otherwise, regarding the accuracy, completeness or performance of any Resource.
2. Outbound Communications and Compliance with Law
In connection with your activities pertaining to the marketing and sale of insurance products that involve the Company in any way (including any use of the Company trademarks or any Resource), you agree that you will not:
- sell any leads purchased from the Company or with the Company’s assistance unless expressly authorized by the Company to engage in the sale of leads;
- use (or engage others to use on your behalf), any automatic telephone dialing system, autodialer, spam text, prerecorded message, artificial voice calls, or telemarketing service;
- purchase or use leads that have been generated using any automatic telephone dialing system, autodialer, spam text, prerecorded message, artificial voice calls, or telemarketing service;
- contact any lead without evidence of proper consent or, if no consent exists, without screening against the federal Do-Not-Call (“DNC”) Registry and any applicable state DNC list;
- contact any lead that requested to opt out of communications;
if involved in the sale or marketing of a Medicare Advantage, Medicare Part D or MAPDP product:
- use telephonic solicitation, including text messages, door-to-door solicitation, email solicitation without an opt-out function or approach potential enrollees in common areas;
- call a prospective enrollee who has not given permission to the entity with which you are affiliated to be contacted by a plan or sales agent;
use communications and marketing materials that are inaccurate,
- misleading, have not been approved by CMS or the applicable carrier if approval is required, or otherwise do not comply with the Medicare marketing guidelines;
- fail to obtain an appropriate Scope of Appointment prior to a one-on-one telephonic or in-person marketing appointment; or
enroll a prospective enrollee into a Medicare Advantage plan on an outbound call; or
- contact leads or use the Resources in any way that violates any federal or state law including, without limitation, marketing laws, the Telephone Consumer Protection Act of 1991 (“TCPA”), the Telemarketing Sales Rule (“TSR”), CAN-SPAM Act, the Health Insurance Portability and Accountability Act (“HIPAA”), the California Consumer Privacy Act (“CCPA”), or to the extent applicable, Medicare laws, regulations and guidance.