1. Who may use the Portal
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.
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
- 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.
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:
- 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.
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.
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
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.
23. TrueCoverage’s Use of Data Provided by Agent Through the Portal
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.
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.
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.