TrueCoverage Portal Grant of Limited License and Terms of Use

These Terms of Use shall apply to each Agent (“Agent”) who accesses https://truecoverage.com/ (the “Portal”). Please read these Terms of Use carefully. By accessing or using the Portal, you accept and agree to be bound and abide by these Terms of Use and any other documents incorporated by reference. If you do not want to agree to these Terms of Use, you must not access or use the Portal.

1. Who may use the Portal

The Portal is intended only for users 18 or older and who reside in the United States (including in any of its territories or possessions). By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years old and reside in the United States or its territories; (b) you have not been suspended or removed from the Portal, and (c) your use of the Portal complies with any applicable laws and regulations, and you will use the Portal only in these Terms of Use you are using the Portal on behalf of an entity, organization or company (“Entity”), you represent and warrant you have the authority to bind that entity to these Terms of Use and you agree to be bound by these Terms of Use individually and on behalf of that entity. You must not access or use the Portal if you do not meet these eligibility requirements.

You, Agent, may use the Portal only for lawful purposes under these Terms of Use. You agree to be bound by all applicable provisions of the TrueCoverage Acceptable Use Policy, incorporated herein and made part of these Terms of Use by reference. And without limitation, you agree not to do: 

• Violate any state or federal law relating to the marketing or sale of insurance policies;
• Engage in false advertising or any fraudulent or deceptive business practice;
• Violate the Telephone Consumer Protection Act (TCPA) or any similar and not preempted state laws by sending an auto-dialed, voice-recorded message, or SMS text to individuals who have not provided prior express written consent or are on the National Do Not Call Registry or another similar registry;
• Post, distribute, or otherwise provide or transmit any data, text, medium or computer file, telephonic conversations, chat or email exchanges that TrueCoverage, in its sole discretion, deems to be: (a) defamatory, abusive, harassing, insulting, or threatening; (b) bigoted, hateful, or offensive; (c) vulgar, obscene, or sexually explicit; or (d) encouraging of or advocating illegal activity or discussing illegal activities intending to commit them;
• Post, distribute, or otherwise provide or transmit any data, text, medium, or computer file that (a) infringes any right of a third party under any domestic or international law, including but not limited to the copyright, patent, trademark, trade secret or other proprietary rights; or (b) violates any right of privacy or publicity of a third party absent such third party’s express permission to disseminate his or her personal information, voice or likeness;
• Post, distribute, or otherwise provide or transmit any software or files that contain a virus or other harmful component;
• Impersonate any person or entity or misrepresent your identity or affiliation with another person or entity;
• Delete any legal notices or disclaimers, including but not limited to copyright and trademark symbols, or modify any marks you do not own or have express permission to modify.
• Use the Portal that could disable, overburden, damage, or impair the Portal or interfere with any other ‘ ‘party’s use of the Portal.
• Use any automatic device, process, or means to access the Portal for any purpose, including monitoring or copying the material on the Portal.
• Use any manual process to monitor or copy any material on the Portal or for any other unauthorized purpose without our prior written consent.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Portal, the server on which the Portal is stored, or any server, computer, or database connected to the Portal.
• Otherwise, attempt to interfere with the proper working of the Portal.
• Behave in an inflammatory, hostile, belligerent, rude, or disrespectful manner towards ‘ TrueCoverage’s employees or any other individual through or in connection with the Portal.

To ensure that the information provided through the Portal and HealthCare.gov remains accurate and available to you and all other visitors, we monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage to the websites. Use of HealthCare.gov constitutes consent to such monitoring and auditing. Unauthorized attempts to upload and/or change information on these websites are strictly prohibited and subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18 USC Sec.1001 and 1030.

7. Accuracy of Information You Provide

• Federal and State laws governing the sale and marketing of insurance policies, including those governing licensure of insurance agents;
• Federal and State laws governing PII, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Gramm-Leach-Bliley Act (GLBA), if applicable;
• The Telephone Consumer Protection Act (TCPA);
• The Patient Protection and Affordable Care Act (PPACA).

You, Agent, represent, warrant, and covenant that:

• The Agent will use the Portal only for lawful purposes and in strict conformance with these Terms of Use.
• All information submitted through the Portal by Agent is accurate and complete.
• Agent is duly licensed in each State in which Agent engages or transacts the business of insurance and will maintain such licensure in good standing.

A. Entire Agreement. These Terms of Use, with our Acceptable Use Policy Incorporated herein, Privacy Notice, and, if applicable, Privacy Notice Addendum for California Residents constitute the entire agreement between you and TrueCoverage relating to your use of the Portal and supersede any previous agreements, understandings, representations and warranties (both oral and written) regarding your use of the Portal.

B. Assignment. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without Notice or consent.

C. No Waiver. Failing to require performance of any provision of these Terms of Use will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself.

D. Use of Headings. Use of section headers in these Terms of Use is for convenience only and will not affect the interpretation of any provision. Throughout these Terms of Use, using the word “including” ” means “including but not limited to.”

E. Severability. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

F. Notices. Except as provided otherwise herein, all notices to TrueCoverage shall be in writing (either paper or electronic format) and delivered either via email to contact@TrueCoverage.com or via postal mail to TrueCoverage, 2400 Louisiana Blvd NE, Albuquerque, NM 87110, which postal mail address is the “Notice Address” for legal claims. All notices to you shall be delivered to your mailing address or email address as provided in your account information (as updated by you under these Terms of Use). You authorize us to contact you as our customer via telephone at the number provided by you in your account information, email, or postal mail regarding information we deem potentially interests you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products, and services, or other relevant matters.

G. Dispute Resolution and Arbitration. You agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration. By accepting these Terms of Use, YOU AND TRUECOVERAGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. Your rights will be determined by a neutral arbitrator instead of a judge or jury. Any arbitration between you and TrueCoverage will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to (a) pursue enforcement action through the applicable federal, State, or local governmental agency if that right of action is available; (b) seek injunctive relief in a court of law in aid of arbitration, or (c) to file suit in a court of law to address an intellectual property infringement claim.

H. Governing Law. These Terms of Use are governed by the laws of the State of New Mexico without regard to conflicts of law principles. You and TrueCoverage agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts within Bernalillo County, New Mexico, for resolution of any lawsuit or court proceeding permitted under these Terms of Use.

I. No Third-Party Rights. Except as otherwise in these Terms of Use, these Terms of Use benefit you and TrueCoverage and are not intended to benefit any third party or be enforceable by any third party. Exercising our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

J. Privacy Policy. Our Privacy Notice and, if applicable, Privacy Notice Addendum for California Residents contains information relating to our collection, use, storage, and disclosure of personal information and payment information. The Privacy Policy is incorporated by this reference into and made a part of these Terms of Use.

K. Additional Terms. Your use of the Portal is subject to all additional terms, policies, rules, or guidelines applicable to the Portal or certain features of the Portal we may communicate to you (the “Additional Terms”). All Additional Terms are incorporated by this reference into and made a part of these Terms of Use.

L. Consent to Electronic Communications. By providing us with your contact information, you agree to receive communications, including via email, voice calls, and text messages from or on behalf of TrueCoverage at the email address or telephone number you provided, even if that number is on a national or state “Do Not Call Registry.””” These calls will be for purposes related to your use of the Portal or our other services, such as to provide you with help or information on using the Portal. Standard text messaging and telephone minute charges applied by your cell phone carrier may apply. TrueCoverage may, without further Notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes, and to protect our rights and the rights of others. YOU WILL HAVE THE ABILITY TO IF YOU WISH TO OPT OUT OF MARKETING EMAILS AND TEXTS BY FOLLOWING THE APPLICABLE “UNSUBSCRIBE” OR “OPT-OUT” INSTRUCTIONS. You may continue to receive communications while we process your unsubscribe or opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.