Please read these Terms of Service (“Terms”) carefully before using INSURE ORLANDO (the “Company”) Resources, applying to become an insurance agent for the Company, or otherwise seeking affiliation with the Company.
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 legal rights.
Website Information and Consumer Use
The public website provides general educational information about Medicare and health insurance and a way to contact Insure Orlando. Website content is not a guarantee of eligibility, benefits, premiums, provider participation or enrollment. Coverage decisions are made under the terms of the applicable insurance policy or plan and applicable law. Nothing on the website enrolls a visitor in coverage or replaces official plan documents.
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.
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;
- 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 applicable federal or state law, including marketing, telemarketing, privacy, health-information or Medicare requirements.
Communication with Agent
As an agent, you authorize the Company to contact you in connection with the sale of insurance products. The Company may contact you by phone, email, text, voicemail, or other methods. You may opt out of communications by communicating to the Company your preference to opt out.
Independent Contractors
Except for employee agents, the Company’s agents are independent contractors of the Company and are not employees of the Company. Non-employee agents have the right to determine the method, manner, and means by which they perform their services. Nothing herein shall be construed to create a partnership, joint venture, or an agency relationship between non-employee contractors and the Company.
Trademarks
The Company’s name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Company’s website are the trademarks of their respective owners.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from claims, liabilities, damages, judgments, losses, costs, expenses or fees arising from your violation of these Terms, misuse of Company Resources, or violation of applicable law.
Limitation on Liability
To the extent permitted by applicable law, the Company and its employees, officers, directors and agents will not be liable for consequential, exemplary, incidental, special or punitive damages arising from these Terms or the use of, or inability to use, Company Resources. To the extent a monetary cap is enforceable, Company liability arising from these Terms or use of the Resources is limited to the greater of $1,000 or amounts paid by you to the Company for access to and use of the Resources.
Agreement to Arbitrate
Disputes arising out of or relating to these Terms, their enforcement, interpretation, validity, or the use of Company Resources are subject to binding arbitration to the extent enforceable under applicable law. The parties waive trial by jury and participation as a plaintiff or class member in a class or representative proceeding. Arbitration is administered under the applicable rules of the American Arbitration Association, and judgment on an award may be entered in a court with jurisdiction.
Waiver and Severability
The published Terms explain that failure to enforce a right does not waive future enforcement and that invalid or unenforceable provisions are to be enforced to the maximum permissible extent while remaining provisions stay in effect.