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.

2. Limited License
Subject to these Terms of Use, TrueCoverage ” (“TrueCoverage” “) grants to Agent a limited, non-exclusive, non-assignable, non-transferable license to access and use the Portal for the permitted purposes set forth herein. Any other use or exploitation of the Portal or any content, code, information, data, or other materials transmitted through the Portal is strictly prohibited. Agent use shall not any trademark, trade name, service mark, icon, logo, or other indicators of TrueCoverage without TrueCoverage’s advance, express, written permission. All rights not granted to Agent are reserved for TrueCoverage.
3. Account
To use the features of the Portal, you must establish an account and obtain a login name and password (“Account Credentials”). You authorize TrueCoverage to process any account transactions initiated through your Account Credentials, and you accept responsibility for all activities under your Account. You are solely responsible for maintaining the confidentiality of your Account Credentials. If you believe your Account is no longer secure, you must immediately notify us at [email protected] TrueCoverage shall not be liable for the unauthorized use or misuse of your Account or Account Credentials.
4. Additional Terms
You are prohibited from violating or attempting to violate the security of the Portal. You agree not to share or disclose your Account Credentials to any third party. You agree that you are responsible for all activity under your user ID. You shall be responsible for any access to or use of the Portal by yourself or any person or entity using your Account Credentials, whether or not you have authorized such access or use. You may use no automated means to access or copy data on the Portal, link to any feature or content on the site, or bypass the measures we may use to prevent or restrict access to the Portal. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this site or any activity conducted on this site. Violations of system or network security by you may result in civil or criminal liability. TrueCoverage will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations. TrueCoverage shall have the right, in its sole discretion, to deactivate an ‘ ‘Agent’s account or reset an ‘ ‘Agent’s Account Credentials for any reason.
5. Acceptable Use of the Portal

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.
TrueCoverage shall have the right, in its sole discretion, to deactivate your Account if it believes that you have done the above.
6. Usage Monitoring and Auditing by TrueCoverage

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

You, Agent, agree to provide certain true, current, complete, and accurate information about you as required by law and to maintain and update needed to keep it current, complete, and accurate. You agree that all information you submit through the Portal and to Healthcare.gov is accurate and complete to the best of your knowledge.
8. Responsibility for Financial Information You Provide
You, Agent, are solely responsible for the credit card or bank account information you provide to TrueCoverage and must promptly inform TrueCoverage of any changes to it (e.g., change of expiration date or account number). We are neither responsible for any consequences resulting from your failure to provide Notice nor for your providing outdated, incomplete, or inaccurate information.
9. Personally Identifiable Information
You, Agent, agree and ensure that any personally identifiable information (PII) collected or transmitted through the Portal by Agent was obtained with proper consent and authority. Agent shall implement safeguards to protect all PII in ‘ ‘Agent’s possession and control or that resides in ‘ ‘Agent’s Account on the Portal and shall comply with all applicable federal and State laws governing the use and disclosure of PII. Agent shall be responsible for any unauthorized use or disclosure of PII in ‘ ‘User’s possession and control or that resides in ‘ ‘Agent’s account on the Portal, except to the extent that such unauthorized use or disclosure of PII was directly caused by TrueCoverage (unless Agent has failed to obtain proper consent and authority to collect or transmit such PII through the Portal), and shall notify affected individuals of such unauthorized use or disclosure per applicable law at ‘ ‘Agent’s sole cost and expense. Agent shall be solely responsible for unauthorized use or disclosure of PII resulting from a compromise of ‘ ‘Agent’s Account Credentials. Agent shall indemnify, defend, and hold TrueCoverage and its employees, agents, officers, and directors harmless against any claims, damages, fines, penalties, costs, expenses (including reasonable ‘attorneys’ fees), or other liabilities arising out of or related to unauthorized use or disclosure of PII resulting from (i) ‘ ‘Agent’s Account Credentials, (ii) ‘ ‘Agent’s failure to use and follow reasonable safeguards to protect the confidentiality of PII in ‘ ‘User’s possession, and (iii) any other cause not directly attributable to TrueCoverage.
10. Agent Compliance with Applicable Law
You, Agent, agree to remain in compliance with all applicable federal and State laws including, but not limited to:  
  • 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).
11. Intellectual Property
The Portal and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, “Content”), are owned by TrueCoverage, healthcare.gov, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you a limited license to access and use the Portal for the permitted purposes set forth herein. Nothing herein transfers any right or license to the underlying code of the Portal. No right, title, or interest in or to the Portal or any content on the Portal is transferred to you, and all rights not granted to you herein are reserved by TrueCoverage. Any use of the Portal not permitted by these Terms of Use violates these Terms of Use and may violate copyright, trademark, and other laws.
12. Trademarks
TrueCoverage’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TrueCoverage. You must not use such marks without the prior written permission of TrueCoverage. All other names, logos, product and service names, designs, and slogans on the Portal are the trademarks of their respective owners.
13. Agent Representations and Warranties

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.
14. Accuracy of Content and Quotes
TrueCoverage makes no representations, warranties, or guarantees as to the correctness or accuracy of the Portal and the content on the Portal. The Portal might include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Portal by third parties. If you learn of an inaccuracy, inform TrueCoverage so it can be corrected. TrueCoverage reserves the right to correct any inaccuracies on the Portal without Notice unilaterally. Information on the Portal may be changed or updated without Notice. Additionally, TrueCoverage shall have no responsibility or liability for information or content posted to the Portal from any non-TrueCoverage-affiliated third party. TrueCoverage’s quotes could change based on additional or contradictory information that emerges during the final insurance underwriting process. Additionally, if a quote shows an incorrect price due to typographical error or pricing information received from our carriers, the correct quotation based on our ‘carriers’ filed rates shall be controlled. Product information and descriptions on the Portal are not intended to be complete descriptions of all applicable terms, exclusions, and conditions but are provided solely for informational purposes. You agree to refer to the actual policy for complete coverage details under a specific policy.
15. Disclaimer as to Content
The content of the Portal, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. TrueCoverage does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included on the Portal. Reliance on any information appearing on the Portal is solely at your own risk. THE CONTENT CONTAINED IN THE PORTAL IS PROVIDED BY TRUECOVERAGE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT.
16. Portal Availability
TrueCoverage cannot and does not guarantee that any Agent shall be able to access TrueCoverage ‘s server at any given time. TrueCoverage represents that it shall make commercially reasonable efforts to ensure that its server is available widely and with as little service interruption as possible. TrueCoverage shall not be liable for any damages arising out of the unavailability of the Portal.
17. Portal Security
TrueCoverage has security measures in place to mitigate risk and uses commercially reasonable procedures and technologies to help protect the confidentiality of any PII collected through the Portal under CMS requirements. You, Agent, agree that no website can be protected against intentional or malicious intrusion attempts despite our precautions. TrueCoverage does not control the devices, computers, or network through which you access the Portal or over which you may send PII or payment information to the Portal and, therefore, cannot prevent potential interceptions or compromises to your information while in transit to the Portal. TrueCoverage makes no guarantee to Agent as to the security, integrity, or confidentiality of any information transmitted to or from the Portal. TrueCoverage makes no representations about any other website you may access through the Portal. You agree that when you access a non-TrueCoverage website, it is independent of TrueCoverage and that TrueCoverage has no control over its content. Additionally, a link to a non- TrueCoverage website does not mean that TrueCoverage endorses or accepts any responsibility for the content, or the use, of the linked website. If you access the third-party websites linked to the Portal, you do this at your own risk.
18. DISCLAIMER OF WARRANTIES
THE PORTAL, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS, AND SERVICES PROVIDED THROUGH THE PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE. ” “TRUECOVERAGE MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE PORTAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUECOVERAGE HEREBY DISCLAIMS ALL SUCH WARRANTIES WITH RESPECT TO THE PORTAL, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. TRUECOVERAGE DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE PORTAL IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. TRUECOVERAGE MAKES NO WARRANTY THAT THE PORTAL WILL MEET ‘AGENTS’ EXPECTATIONS OR REQUIREMENTS. NO INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE PORTAL, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PORTAL. YOU AGREE THAT YOUR USE OF THE PORTAL IS SOLELY AT YOUR OWN RISK. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND FACILITATED BY AND THROUGH TRUECOVERAGE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRUECOVERAGE OR ITS REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF THE PORTAL; (B) YOUR INABILITY TO USE OR ACCESS THE PORTAL; (C) UNAUTHORIZED USE OF YOUR ACCOUNT CREDENTIALS; (D) ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE PORTAL; (E) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE PORTAL; (F) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES OR OTHER INACCURACIES IN THE PORTAL; (G) ANY UNAUTHORIZED ACCESS TO, USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, PERSONALLY IDENTIFIABLE INFORMATION; (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PORTAL; OR (I) ANY EVENT BEYOND ‘ ‘TRUECOVERAGE’S REASONABLE CONTROL. TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, ‘ ‘TRUECOVERAGE’S MAXIMUM AGGREGATE LIABILITY IN RELATION TO ANY EVENT OR SERIES OF RELATED EVENTS WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL TRUECOVERAGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF TRUECOVERAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT: A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, TRUECOVERAGE’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.
20. Indemnification by Agent
You agree to release, indemnify, defend and hold TrueCoverage and its agents, employees, officers, directors, shareholders, contractors, affiliates, and assigns harmless from all claims, damages, fines, penalties, costs, expenses (including reasonable attorneys’ fees), or any other liabilities relating to or arising out of (a) the breach of your representations, warranties, and obligations under these Terms of Use; (b) use of the Portal other than as permitted by these Terms of Use by you or anyone using your Account Credentials, whether authorized by you or not; (c) infringement of any intellectual property or other proprietary rights of any third party by you; (d) violation of TrueCoverage’s Acceptable Use Policy incorporated herein or other operating rules or policies communicated to you by TrueCoverage; or (e) any information or data you supplied to TrueCoverage. The obligations will survive any termination of ‘ ‘Agent’s Account or these Terms of Use.
21. Suspension by TrueCoverage and Termination by Agent
TrueCoverage may suspend or terminate your Account at any time or for no reason, with or without Notice. You may terminate your Account by following the Notice provision herein. TrueCoverage reserves the right to modify or discontinue the Portal at any time (including by limiting or discontinuing certain features of the Portal), temporarily or permanently, upon reasonable Notice to you. TrueCoverage will have no liability for any change to the Portal or any suspension or termination of your access to or use of the Portal.
22. Authority to Modify Portal and Revise Terms of Use
TrueCoverage may upgrade, modify, change or enhance the Portal and convert Agent to a new version of the Portal or revise these Terms of Use in its sole discretion, with or without Notice. Any such revision or change will be binding after posting of the revised Terms of Use or change to the Portal on TrueCoverage’s website or upon notification to you by email. By continuing to use the Portal after any revision to these Terms of Use or change in the Portal, you agree to abide by and be bound by any such revisions or changes. If you do not agree to such revisions or changes, you may terminate your Account according to these Terms of Use. Designated legal notices or terms may supersede certain provisions of these Terms of Use on particular pages within this website.
23. TrueCoverage’s Use of Data Provided by Agent Through the Portal
TrueCoverage may use information you provide through your Account (such as your name, National Producer Number, carrier appointment settings, etc.) to display advertisements from select partners within your Account for which TrueCoverage may receive compensation. If your Account is terminated due to any violation of these Terms of Use, TrueCoverage reserves the right to share your name, National Producer Number, and that your Account was terminated with any insurance carriers with whom you have indicated that you are appointed and with any insurance regulators with jurisdiction over your license(s). TrueCoverage may also use and disclose to third parties de-identified, aggregated data from the Portal for reports, metrics, media releases, and any other uses permissible by law.
24. Non-Appointed Agent Referrals
You may enroll clients in health plans offered by insurance carriers with whom you are not appointed through the Portal under ‘ ‘TrueCoverage’s Agent Referral Program. TrueCoverage will be the Agent of record for such health plan, but you will continue to have access to your ‘ ‘client’s enrollment information through the Portal to provide servicing and renewal assistance unless the client requests that TrueCoverage revoke your access to such information.
25. General Terms

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 [email protected] 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.

If you desire to assert a claim against TrueCoverage, and you, therefore, elect to seek arbitration, you must first send to TrueCoverage, by certified mail, a written notice of your claim (“Notice”). The Notice to TrueCoverage should be addressed to the Notice Address. If TrueCoverage desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by TrueCoverage, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and TrueCoverage do not agree to resolve the claim within 30 days of receiving the Notice, you may commence an arbitration proceeding. Any settlement offer made by TrueCoverage or you during the arbitration shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the AAA at www.adr.org. If you must pay a filing fee after TrueCoverage receives Notice at the Notice Address you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-877-495-4185 or requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless you and TrueCoverage agree otherwise, any arbitration hearings will take place in Albuquerque, New Mexico. Except the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if a written agreement provides for payment or recovery ‘attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law. YOU AND TRUECOVERAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you and TrueCoverage agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only for the individual party seeking relief and only for providing relief warranted by that party’s individual 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.

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