Insuranceplans.org (the "Site") is a website owned and operated by Trusted Consumer with its
main office
located
at 4450 Arapahoe Ave, Ste 100, Boulder, CO 80303, telephone (855) 999-0875. Insuranceplans.org
provides
you the
opportunity to receive insurance quotations from our network of insurance agents, brokers,
carriers, and other
insurance service providers. Trusted Consumer is an online lead generator and network of online
advertising
gateway parties committed to complying with responsible business and data management practices.
Trusted
Consumer
strives to provide consumers with collection and data use information of advertisers, support
opt-out of
interest-based advertising, and further transparency between consumers and businesses.
Once you provide us with the information required on our form, we attempt to match you with
appropriate
insurance agents, brokers, carriers or other service providers to help you acquire the type of
insurance you
are
seeking. Trusted Consumer is not an insurance agent or insurance carrier, and we do not issue
insurance
contracts or bind coverage ourselves, nor do we endorse or recommend any companies or specific
types of
insurance policies. While Trusted Consumer publishes content on the Site about insurance, we do
not provide
insurance, tax or financial advice of any kind. We do not guarantee that any of the insurance
agents, brokers
and/or companies to whom we forward your application will contact you or agree to provide you
coverage.
Trusted
Consumer is not responsible in any way for the conduct of the insurance agents, brokers,
discount program
representatives and companies that are matched with your insurance application. The coverage
provided by any
service provider will be subject the terms and conditions of the insurance policy under which it
issued, and
we
have no control over such terms and conditions.
Trusted Consumer may require you to submit certain personal and financial information. Your
responses, and
the information you choose to submit in order to be matched with participating insurance
agents, brokers,
carriers, and other insurance service providers “Broker(s)”, will help improve the accuracy
of your results.
The information you submit to Trusted Consumer is not an insurance application. You
understand, acknowledge
and agree that the information you choose to provide to Trusted Consumer will be collected,
stored and
transmitted only to Trusted Consumer’s partners, and solely for the purpose of matching you
with
participating
Brokers that can provide you with more information about their respective products and/or
services. Make
sure
to compare rates and fees, as they can vary between Brokers and may depend on the state in
which you
reside.
Trusted Consumer Terms & Conditions
Thank you for visiting the Trusted Consumer™ located at www.insuranceplans.org and other
websites owned and
operated by us (the "Site"). The Site is an Internet property of Trusted Consumer ("Company,"
"we," "our" or
"us"). Each end-user visitor to the Site ("User," "you" or "your") agrees to the Trusted
Consumer™ Website
Terms
and Conditions ("Terms and Conditions"), in their entirety, when she/he: (a) accesses or uses
the Site; (b)
accesses and/or views any of the: (i) links to third-party insurance and/or health-related
resources and other
information ("Third Party Links"); and/or (ii) blog posts, text, video and/or other information
pertaining to
insurance and/or health-related products and/or services made available on the Site (the
"Informational
Content," and together with the Third Party Links, the "Content"); (c) accesses the comments
sections
associated
with the blog posts and/or other interactive features made available on the Site ("Interactive
Services");
and/or (d) utilizes the various contact forms and/or contact information made available on the
Site as a means
to contact directly, or request to be contacted by, Company and/or Company's third-party
insurance and/or
insurance-related product and/or service providers ("Third Party Insurance Service Providers")
(collectively,
the "Contact Services," and together with the Site, Content and Interactive Services, the "Site
Offerings").
The following Terms and Conditions are inclusive of the Trusted Consumer™ Privacy Policy
("Privacy Policy"),
the
Trusted Consumer™ Disclosures, Disclaimers and Licenses ("Disclosures, Disclaimers and
Licenses") and any and
all other applicable operating rules, policies, price schedules and other supplemental terms and
conditions or
documents that may be published from time to time, which are expressly incorporated herein by
reference
(collectively, the "Agreement"). By using and/or accessing the Site Offerings, Users agree to
comply with and
be
bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY.
IF A USER DOES
NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE
THE SITE
OFFERINGS IN ANY MANNER OR FORM.THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A
CLASS-ACTION
WAIVER,
AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE
AFOREMENTIONED PROVISIONS
ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
Certain States may require Company to obtain a license in order to provide certain of the
Site Offerings to
consumers within such States. Further, some States may require additional information
disclosures be given
to
you in connection with the provision of these services.
Please be advised that Company does not itself provide insurance and/or insurance-related
products and/or
services, and the ultimate terms and conditions of any insurance and/or insurance-related
products and/or
services made available via the Contact Services will be determined by the applicable Third
Party Insurance
Service Providers. Company is not an agent of either you or any Third Party Insurance
Service Provider.
Company provides only administrative and marketplace services, by matching consumers, who
are prospective
purchasers, with Third Party Insurance Service Providers who may be willing to provide them
with insurance
and/or insurance-related products and/or services. You should always check with your
financial advisors to
be
sure that any insurance and/or insurance-related products and/or services offered by Third
Party Insurance
Service Providers are appropriate for you.
Reliance on any information made available to you by and through the Site Offerings,
including the Content,
is
solely at your own risk. Company disclaims any and all liability for any loss, damage or
injury based on
information directly or indirectly obtained through the Site Offerings.
Scope; Modification of Agreement. The Agreement constitutes the entire and only
agreement between Users
and Company with respect to Users' use of the Site Offerings, and supersedes all prior
or contemporaneous
agreements, representations, warranties and/or understandings with respect to same.
Company may amend the
Agreement from time to time in its sole discretion, without specific notice to Users;
provided, however,
that any amendment or modification to the arbitration provisions, prohibition on class
action provisions
or
any other provisions applicable to dispute resolution (collectively, "Dispute Resolution
Provisions")
shall
not apply to any disputes incurred prior to the applicable amendment or modification.
The latest Agreement
will be posted on the Site, and Users should review the Agreement prior to using any
Site Offerings. By a
User's continued use of the Site Offerings, that User hereby agrees to comply with all
of the terms and
conditions contained within the Agreement effective at that time (other than with
respect to disputes
arising prior to the amendment or modification of the Dispute Resolution Provisions,
which shall be
governed
by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
Requirements; Terminat
Contact Services; Third Party Insurance Service Providers. Where a User attempts to
utilize the Contact
Services, that User may be required to submit, and Company may collect, some or all of
the following
information: (a) the User's e-mail address; (b) the User's full name; (c) the User's
telephone number; (d)
the User’s month and year of birth; (e) certain information pertaining to the User's
current financial
condition, including employment, income, and (f) any other information collected via the
Contact Services
Form (collectively, "Contact Data"). Upon entering Contact Data and clicking on the
applicable submission
button on the Site: (i) Company may pass your Contact Data along to one (1) or more of
its Third Party
Insurance Service Providers; and/or (ii) you may be contacted by Company and/or one (1)
or more of its
Third
Party Insurance Service Providers regarding your request. Where Company contacts you in
connection with
your
submission of Contact Data, a Company representative may request additional information
over the telephone
including some or all of the following: (A) User date of birth; (B) User mailing
address; (C) User's
emergency contact name and telephone number; (D) certain information pertaining to the
User's current
financial condition, including employment, income; and (E) any other information
requested by the
applicable
Company representative (collectively, "Follow-Up Data," and together with the Contact
Data, the "User
Data").
Each User agrees to provide true, accurate, current and complete User Data. Company's
use of User Data
shall
be governed by the Privacy Policy.
Please be advised that Company does not itself provide any underlying insurance and/or
insurance-related
products and/or services, and the ultimate terms and conditions of any such services
will be determined by
the applicable Third Party Insurance Service Provider. You understand and agree that
Company shall not be
liable to you or any third party for any products and/or services offered by any Third
Party Insurance
Service Provider.
Non-Endorsement; Passive Conduit.
Company does not sponsor, recommend or endorse any Third Party Insurance Service
Provider that is
accessible by or through the Contact Services and/or other Site Offerings. The
Third Party Insurance
Service Providers that are accessible by and through the Contact Services pay a
fee for access to the
Users that utilize the Contact Services. Company does not guarantee that Users
will successfully find
insurance and/or insurance-related products and/or services through the Site
Offerings.
Please use caution and common sense when using the Site Offerings. Company in no
way endorses the
content or legality of any responses, statements or promises made by Third Party
Insurance Service
Providers or any other parties on the Site or otherwise through the Site
Offerings.
The determination of the need for insurance and/or insurance-related products
and/or services and
the
choice of insurance and/or insurance-related service providers are extremely
important decisions and
should not be based solely on advertisements, claims of expertise or cost
offered by any Third Party
Insurance Service Provider. Company does not review the standing of any Third
Party Insurance Service
Providers with any regulatory authority and/or governmental agency. Therefore,
Company makes no
representation regarding the status, standing or ability of any Third Party
Insurance Service
Provider.
When considering contracting with a Third Party Insurance Service Provider,
Users should check that
Third Party Insurance Service Provider's standing with applicable regulatory
and/or governmental
agencies.
Company does not involve itself in the agreements between Users and Third Party
Insurance Service
Providers or the actual provision of insurance and/or insurance-related products
and/or services in
connection with the relationships created thereby. Therefore, Company does not
make any
representations
regarding the competency, trustworthiness, honesty, integrity and/or behavior of
either its Users or
Third Party Insurance Service Providers. Each User, and not Company, is solely
responsible for
assessing
the competency, trustworthiness, honesty and integrity of all Third Party
Insurance Service Providers
that the User communicates with via the Contact Services.
Content; Third Party Links. The Site contains Content which includes, but is not limited
to, text, video
and other information pertaining to insurance and/or insurance-related products and/or
services, as well
as
regularly updated Third Party Links. The Content is offered for informational purposes
only and is at all
times subject to the disclaimers contained herein, and on the Site.
Interactions. Users are solely responsible for their interactions with Third Party
Insurance Service
Providers and other third parties. Because Company is not involved in User interactions,
in the event that
you have a dispute with one or more Third Party Insurance Service Providers and/or other
third-parties,
you
hereby release Company from any and all claims, demands and/or damages (actual and
consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of,
or
in any way connected with, such disputes.
Interactive Services.
Subject to the restrictions contained herein including, without limitation,
those contained below,
the
Interactive Services may allow Users to post comments, and engage in other
interactive communication,
by
and through the Site Offerings. In connection with the Interactive Services,
each User shall be solely
responsible for the comments, opinions, statements, offers, propositions,
feedback and other content
(collectively, "Feedback") posted by and through the Interactive Services.
Company reserves the right
to
prohibit any conduct by Users, or to remove any materials or Feedback posted by
Users by and through
the
Interactive Services, that Company deems, in its sole and absolute discretion,
to be in violation of
the
Agreement and/or which Company believes to be illegal, potentially harmful to
others, otherwise
objectionable or that same may expose Company to harm, damage to reputation or
liability.
Notwithstanding the foregoing, Company undertakes no responsibility to monitor
or otherwise police the
actions of Users, Feedback and/or other material posted by Users and/or other
third parties. Company
shall have no obligation and incur no liability to such Users in connection with
any Feedback. Users
may
find certain Feedback to be outdated, harmful, inaccurate and/or deceptive.
Please use caution, common
sense and safety when viewing Feedback. You agree to use the Interactive
Services in a manner
consistent
with, and in full compliance with, any and all applicable laws and regulations.
In connection with your use of the Interactive Services and other of the Site
Offerings, you agree
not
to: (i) display any telephone numbers, street addresses, last names, URLs,
e-mail addresses or any
confidential information of any third party; (ii) display any audio files, text,
photographs, videos
or
other images containing confidential information; (iii) display any audio files,
text, photographs,
videos or other images that may be deemed indecent or obscene in your community,
as defined under
applicable law; (iv) impersonate any person or entity; (v) "stalk" or otherwise
harass any person;
(vi)
engage in unauthorized advertising to, or commercial solicitation of, other
Users; (vii) transmit any
chain letters, spam or junk e-mail to other Users; (viii) express or imply that
any statements that
you
make are endorsed by Company, without Company's specific prior written consent;
(ix) harvest or
collect
personal information of other Users whether or not for commercial purposes,
without their express
consent; (x) use any robot, spider, search/retrieval application or other manual
or automatic device
or
process to retrieve, index, "data mine" or in any way reproduce or circumvent
the navigational
structure
or presentation of the Site Offerings; (xi) post, distribute or reproduce in any
way any copyrighted
material, trademarks or other proprietary information without obtaining the
prior consent of the owner
of such proprietary rights; (xii) remove any copyright, trademark or other
proprietary rights notices
contained on the Site; (xiii) interfere with or disrupt the Site and/or the
servers or networks
connected to same; (xiv) post, offer for download, e-mail or otherwise transmit
any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment; (xv)
post, offer for download, transmit, promote or otherwise make available any
software, product or
service
that is illegal or that violates the rights of a third party including, but not
limited to, spyware,
adware, programs designed to send unsolicited advertisements (i.e. "spamware"),
services that send
unsolicited advertisements, programs designed to initiate "denial of service"
attacks, mail bomb
programs and programs designed to gain unauthorized access to mobile networks;
(xvi) "frame" or
"mirror"
any part of the Site without Company's prior written authorization; (xvii) use
metatags or code or
other
devices containing any reference to any Site Offerings in order to direct any
person to any other
mobile
application or website for any purpose; and/or (xviii) modify, adapt,
sublicense, translate, sell,
reverse engineer, decipher, decompile or otherwise disassemble any portion of
the Site Offerings or
any
software used in or in connection with Site Offerings. Company reserves the
right to pursue any and
all
legal remedies against Users that engage in the aforementioned prohibited
conduct.
Representations and Warranties. Each User hereby represents and warrants to Company as
follows: (a) the
Agreement constitutes such User's legal, valid and binding obligation which is fully
enforceable against
such User in accordance with its terms; and (b) such User understands and agrees that
such User has
independently evaluated the desirability of utilizing the Site Offerings and that such
User has not relied
on any representation and/or warranty other than those set forth in the Agreement.
Indemnification. Each User agrees to indemnify, defend and hold Company, its members,
officers,
directors,
employees, agents and attorneys, harmless from and against any and all liabilities,
claims, actions,
suits,
proceedings, judgments, fines, damages, costs, losses and/or expenses (including
reasonable attorneys'
fees,
court costs and/or settlement costs) arising from and/or related to: (a) any dispute
between that User and
any Third Party Insurance Service Provider or third party; (b) User's breach of the
Agreement and/or any
representation or warranty contained herein; and/or (c) User's use of the Site Offerings
in any manner
whatsoever including, without limitation, that User's Feedback. The provisions of this
Section 9 are for
the
benefit of Company, its parents, subsidiaries and/or affiliates, and each of their
respective officers,
directors, members, employees, agents, shareholders, licensors, suppliers and/or
attorneys. Each of these
individuals and entities shall have the right to assert and enforce these provisions
directly against you
on
its own behalf.
License Grant. Each User is granted a non-exclusive, non-transferable, revocable and
limited license to
access and use the Site Offerings. Company may terminate this license at any time for
any reason. Unless
otherwise expressly authorized by Company, Users may only use the Site Offerings for
their own personal,
non-commercial use. No part of the Site Offerings may be reproduced in any form or
incorporated into any
information retrieval system, electronic or mechanical. No User or other third party may
use any automated
means or form of scraping or data extraction to access, query or otherwise collect
material from the Site
Offerings except as expressly permitted by Company. No User or other third party may
use, copy, emulate,
clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer
the Site Offerings,
or any portion thereof. No User or other third party may create any "derivative works"
by altering any
aspect of the Site Offerings. No User or other third party may use the Site Offerings in
conjunction with
any other third-party content. No User or other third party may exploit any aspect of
the Site Offerings
for
any commercial purposes not expressly permitted by Company. Each User further agrees to
indemnify and hold
Company harmless for that User's failure to comply with this Section 10. Company
reserves any rights not
explicitly granted in the Agreement.
Proprietary Rights. The Site Offerings, as well as the organization, graphics, design,
compilation,
magnetic translation, digital conversion, software, services and other matters related
to same, are
protected under applicable copyrights, trademarks and other proprietary (including, but
not limited to,
intellectual property) rights. The copying, redistribution or publication by any User or
other third party
of any part of the Site Offerings is strictly prohibited. No User or other third party
acquires ownership
rights in or to any content, document, software, services or other materials viewed by
or through the Site
Offerings. The posting of information or material by and through the Site Offerings does
not constitute a
waiver of any right in or to such information and/or materials.
Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize
and/or otherwise
interfere with the operation of the Site Offerings is a violation of criminal and civil
law and Company
will
diligently pursue any and all remedies against any offending individual or entity to the
fullest extent
permissible by law and in equity.
Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES
OFFERED BY AND/OR
THROUGH SAME ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL
WARRANTIES, EXPRESS AND
IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW
(INCLUDING, BUT NOT
LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY
AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, COMPANY MAKES NO
WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY
AND/OR THROUGH SAME:
(A) WILL MEET ANY USER'S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE OR THAT
DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY
USER TO OBTAIN
INSURANCE AND/OR INSURANCE-RELATED PRODUCTS AND/OR SERVICES AND/OR REALIZE ANY SPECIFIC
ECONOMIC BENEFIT;
AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES
OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
COMPANY WILL NOT
BE
LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE
SITE OFFERINGS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR
OTHERWISE THROUGH OR
FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL
NOT BE LIABLE TO
THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL AND/OR EXEMPLARY
DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER
INTANGIBLE
LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE
FULLEST EXTENT
PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY
OTHER PRODUCTS
AND/OR
SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR
SERVICES PURCHASED OR
OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, THIRD
PARTY INSURANCE
SERVICE PROVIDERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR
ALTERATION OF, ANY USER
DATA; (E) THE FAILURE TO OBTAIN INSURANCE AND/OR INSURANCE-RELATED PRODUCTS AND/OR
SERVICES AND/OR TO
REALIZE ANY SPECIFIC ECONOMIC BENEFIT; AND (F) ANY OTHER MATTER RELATING TO THE SITE
OFFERINGS AND/OR ANY
OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES
TO ALL CAUSES OF
ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY,
NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY
RELEASES COMPANY FROM
ANY
AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW
DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY
AND ALL
CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM,
ARISING OUT OF THE
SITE
OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY
BE BROUGHT BY ANY
USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE
OF ACTION. THE
NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN EACH USER
AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH
LIMITATIONS. SOME
JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS
THE LIABILITY OF
COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Copyright Policy/DMCA Compliance. Company reserves the right to terminate any User's
access to the Site
Offerings where such User infringes upon third-party copyrights. If any User or other
third party believes
that a copyrighted work has been copied and/or posted via the Site Offerings in a way
that constitutes
copyright infringement, that party should provide Company with the following
information: (a) an
electronic
or physical signature of the person authorized to act on behalf of the owner of the
copyrighted work; (b)
an
identification and location of the copyrighted work that such party claims has been
infringed upon; (c) a
written statement by such party that it has a good faith belief that the disputed use is
not authorized by
the owner, its agent or the law; (d) such party's name and contact information, such as
telephone number
or
e-mail address; and (e) a statement by such party that the above information in such
party's notice is
accurate and, under penalty of perjury, that such party is the copyright owner or
authorized to act on the
copyright owner's behalf.
Third Party Websites. The Site Offerings contain links to other websites on the Internet
that are owned
and operated by third parties including, without limitation, the Third Party Insurance
Service Provider
websites and/or Third Party Links. Company does not control the information, products or
services made
available on, by or through these third party websites. The inclusion of any link does
not imply
endorsement
by Company of the applicable website or any association with the website's operators.
Because Company has
no
control over such websites and/or resources, each User agrees that Company is not
responsible or liable
for
the availability or the operation of such external websites, for any material located on
or available from
or through any such websites or for the protection of any User's data privacy by third
parties. Each User
further agrees that Company shall not be responsible or liable, directly or indirectly,
for any loss or
damage caused by the use of or reliance on any such material available on, by or through
any such site.
Editing, Deleting and Modification. Company reserves the right in its sole discretion to
edit and/or
delete any documents, information or Content appearing on the Site.
Use of User Information. All material submitted by Users through or in association with
the Site
Offerings
including, without limitation, the User Data, shall be subject to the Privacy Policy.
Dispute Resolution Provisions. The Agreement shall be treated as though it were executed
and performed
in
the State of Colorado and shall be governed by and construed in accordance with the laws
of the State of
Colorado (without regard to conflict of law principles). Should a dispute arise
concerning the Site
Offerings, the terms and conditions of the Agreement or the breach of same by any party
hereto: (a) the
parties agree to submit their dispute for resolution by arbitration before the American
Arbitration
Association in Colorado, in accordance with the then current Commercial Arbitration
rules of the American
Arbitration Association; and (b) you agree to first commence a formal dispute proceeding
by completing and
submitting an Initial Dispute Notice. We may choose to provide you with a final written
settlement offer
after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide
you with a Final
Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve
your dispute and
you wish to proceed, you must submit your dispute for resolution by arbitration before a
reputable
arbitration organization as mutually agreed upon by the parties, in your county of
residence, by filing a
separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or
less, you can choose
whether the arbitration proceeds in person, by telephone or based only on submissions.
If the arbitrator
awards you relief that is greater than our Final Settlement Offer, then we will pay all
filing,
administration and arbitrator fees associated with the arbitration and, if you retained
an attorney to
represent you in connection with the arbitration, we will reimburse any reasonable
attorneys' fees that
your
attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any
award rendered
shall be final and conclusive to the parties and a judgment thereon may be entered in
any court of
competent
jurisdiction. Nothing contained herein shall be construed to preclude any party from:
(i) seeking
injunctive
relief in order to protect its rights pending an outcome in arbitration; and/or (ii)
pursuing the matter
in
small claims court rather than arbitration. Although we may have a right to an award of
attorneys' fees
and
expenses if we prevail in arbitration, we will not seek such an award from you unless
the arbitrator
determines that your claim was frivolous. To the extent permitted by law, you agree that
you will not
bring,
join or participate in any class action lawsuit as to any claim, dispute or controversy
that you may have
against Company and/or its employees, officers, directors, members, representatives
and/or assigns. You
agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a
participant in the
suit. You agree to pay the attorney's fees and court costs that Company incurs in
seeking such relief.
This
provision preventing you from bringing, joining or participating in class action
lawsuits: (A) does not
constitute a waiver of any of your rights or remedies to pursue a claim individually and
not as a class
action in binding arbitration as provided above; and (B) is an independent agreement.
You may opt-out of
these dispute resolution provisions by providing written notice of your decision within
thirty (30) days
of
the date that you first access the Site.
Text messages. Message frequency varies. Supporting carriers, include AT&T, Sprint,
Verizon, Carolina
West, Nextel, Cellcom, Virgin Mobile, C Spire, Boost, Cincinnati Bell, Metro PCS,
T-Mobile, Cricket, U.S.
Cellular or other Wireless carriers are not liable for any delayed or undelivered
messages.
Miscellaneous. To the extent that anything in or associated with the Site Offerings is
in conflict or
inconsistent with the Agreement, the Agreement shall take precedence. Company's failure
to enforce any
provision of the Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such
provision. The parties do not intend that any agency or partnership relationship be
created through
operation of the Agreement. Should any part of the Agreement be held invalid or
unenforceable, that
portion
shall be construed consistent with applicable law and the remaining portions shall
remain in full force
and
effect. Company may assign its rights and obligations under the Agreement, in whole or
in part, to any
party
at any time without notice to you. The Agreement, may not however, be assigned by you,
and you may not
delegate your duties under it. Headings are for reference purposes only and in no way
define, limit,
construe or describe the scope or extent of such section.
Contact Us. If you have any questions about the Agreement, Site Offerings or the
practices of Company,
you
may email us TrustedConsumerPro@gmail.com. Last Updated: January 1, 2019
Disclaimers
Insuranceplans.org and other sites owned and operated by Trusted Consumer (collectively, the
"Site") is a
website owned and operated by Trusted Consumer. Trusted Consumer is an online lead generator
that provides
administrative and marketplace services only by matching consumers who are prospective
purchasers with one or
more insurance agents, brokers, carriers, and other insurance service providers (each a
"Broker") that offer
products and/or services of interest. Trusted Consumer does not: solicit applications for
consumers; make
credit
decisions in connection with application; issue policies; guarantee that your submission of
information on the
Site will result in the application from a Broker; or otherwise help or assist consumers to
obtain insurance.
Trusted Consumer is not an agent for consumers or any participating Brokers.
You are under no obligation to use the Site or Trusted Consumer to begin any financing process.
In order to be
matched with Broker(s), Trusted Consumer may require you to submit certain personal and
financial information.
Your responses, and the information you choose to submit in order to be matched with prospective
Broker(s),
will
help improve the accuracy of your results. The information you submit to Trusted Consumer is not
an insurance
application. You understand, acknowledge and agree that the information you choose to provide to
Trusted
Consumer will be collected, stored and transmitted only to Trusted Consumer' partners, and
solely for the
purpose of matching you with Brokers that can provide you with more information about their
respective
products
and/or services. Make sure to compare rates and fees, as they can vary between Brokers and may
depend on the
state in which you reside.
Trusted Consumer Privacy Policy
Thank you for visiting the Trusted Consumer™ located at www.Insuranceplans.org and other
websites owned and
operated by us (collectively, the "Site"). The Site is an Internet property of Trusted Consumer
("Company,"
"we," "our" or "us"). This Trusted Consumer™ Privacy Policy ("Privacy Policy") covers our
treatment of
personal
information and other information that we collect when an end-user visitor to the Site ("User,"
"you" or
"your"): (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to
third-party
insurance
and/or insurance-related resources and other information ("Third Party Links"); and/or (ii) blog
posts, text,
video and/or other information pertaining to insurance and/or insurance-related products and/or
services made
available on the Site (the "Informational Content," and together with the Third Party Links, the
"Content");
(c)
accesses the comments sections associated with the Blog Posts and/or other interactive features
made available
on the Site ("Interactive Services"); and/or (d) utilizes the various contact forms and/or
contact information
made available on the Site as a means to contact directly, or request to be contacted by,
Company and/or
Company's third-party insurance and/or insurance-related product and/or service providers
("Third Party
Insurance Service Providers") (collectively, the "Contact Services," and together with the Site,
Content and
Interactive Services, the "Site Offerings").
Capitalized terms not defined herein shall have the meanings set forth in the Trusted Consumer™
Website Terms
and Conditions ("Terms and Conditions"). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN
THEIR
ENTIRETY,
YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.
PERSONAL INFORMATION COLLECTED
For the purposes of this Privacy Policy, "personal information" shall mean individually
identifiable
information
from or about an individual. We collect personal information when you access certain of the Site
Offerings and
complete the required information request form and/or otherwise provide such information to us.
Where a User
attempts to utilize the Contact Services, that User may be required to submit, and Company may
collect, some
or
all of the following information: (a) the User's e-mail address; (b) the User's full name; (c)
the User's
telephone number; (d) certain information pertaining to the User's current financial condition,
including
employment, income, debt and credit-related information; and (e) any other information collected
via the
Contact
Services Form. Upon entering Contact Data and clicking on the applicable submission button on
the Site: (i)
Company may pass your Contact Data along to one (1) or more of its Third Party Insurance Service
Providers;
and
(ii) you may be contacted by Company and/or one (1) or more of its Third Party Insurance Service
Providers
regarding your request. Where Company contacts you in connection with your submission of Contact
Data, a
Company
representative may request additional information over the telephone including some or all of
the following:
(A)
User date of birth; (B) User mailing address; (C) certain information pertaining to the User's
current
financial
condition, including employment, income, debt and credit-related information; and (D) any other
information
requested by the applicable Company representative.
For purposes of this Privacy Policy, items (d) and (C) in the preceding paragraph shall be
considered
"Sensitive
Information."
Please be advised that Company does not itself provide any underlying insurance and/or
insurance-related
products or services, and the ultimate terms and conditions of any such services will be
determined by the
applicable Third Party Insurance Service Provider(s).
USE OF PERSONAL INFORMATION
By submitting your personal information by and through the Site Offerings, you agree that we may
share or
otherwise provide that personal information (other than Sensitive Information) to any third
party for any
purpose permitted by law, and we may work with other businesses to bring selected retail
opportunities to our
Users. These businesses and third parties may include, but are not limited to: (a) providers of
direct
marketing
services and applications, including lookup and reference, data enhancement, suppression and
validation; (b)
e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct
marketers. We will
also
use your personal information to send you promotional messages regarding various Company
products and/or
services, as well as third party products and/or services that we think may be of interest to
you.
Without limiting the foregoing, we may share your User Data (including Sensitive Information)
with those Third
Party Insurance Service Providers that you request to be contacted by These Third Party
Insurance Service
Providers may use your User Data to offer you insurance and/or insurance-related products and/or
services, and
for any other lawful purposes, subject to any restrictions contained herein. The information
that you supply
directly to any Third Party Insurance Service Providers shall be governed by the applicable
Third Party
Insurance Service Provider's privacy policy.
Where you submit personal information, we use the personal information that you make available
to personalize
your experience with the Site and to facilitate the delivery of the applicable Site Offerings to
you,
including
to respond to any inquiries made by you.
You also agree that we may contact you at any time with updates and/or any other information
that we may deem
appropriate for you to receive in connection with your continued use of the Site Offerings, and
to keep you
informed of our other products and services.
We may also employ other companies and individuals to perform certain functions on our behalf.
Examples
include
sending direct and electronic mail, removing duplicate information from User lists, analyzing
data and
providing
marketing analysis. The agents performing these limited functions on our behalf shall have
access to our
Users'
personal information as needed to perform these functions for us, but we do not permit them to
use User
personal
information for other purposes.
We will also use your personal information for customer service, to provide you with information
that you may
request, to customize your experience with the Site Offerings and/or to contact you when
necessary in
connection
with your use of the Site Offerings. We may also use your personal information for internal
business purposes,
such as analyzing and managing our service offerings including, without limitation, the Site
Offerings. We may
also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the Site Offerings, you agree that such
act constitutes
an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310
et seq.), as
amended from time to time (the "Rule") and applicable state do-not-call regulations. As such,
notwithstanding
that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List,
and/or on
applicable state do-not-call lists, we retain the right to contact you via telemarketing in
accordance with
the
Rule and applicable state do-not-call regulations.
Where you provide "prior express written consent" within the meaning of the Telephone Consumer
Protection Act
(47 USC § 227), and its implementing regulations adopted by the Federal Communications
Commission (47 CFR §
64.1200), as amended from time-to-time ("TCPA"), as well as the Telemarketing Sales Rule (16 CFR
310), and its
implementing regulations adopted by the Federal Trade Commission, as amended from time to time
(“TSR”), you
consent to receive telephone calls, including artificial voice calls, pre-recorded messages
and/or calls
(including SMS text messages) delivered via automated technology, to the telephone number(s)
that you
provided,
for both sales and non-sales purposes. Please note that you are not required to provide this
consent in order
to
obtain access to the Site Offerings or to make a purchase or transaction, and your consent
simply allows
Company
to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you
are obligated
to
immediately inform us if and when the telephone number that you have previously provided to us
changes.
Without
limiting the foregoing, if you: (i) have your telephone number reassigned to another person or
entity; (ii)
give
up your telephone number so that it is no longer used by you; (iii) port your telephone number
to a landline
or
vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively
"Phone Number
Change"), you agree that you shall promptly notify Company of the Phone Number Change via e-mail
at:
TrustedConsumerPro@gmail.com and notices@insuranceplans.org, or by using one of the methods set
forth in the
"Contact Us" section below. For purposes of opting out of contact in connection with this
section,
notification
at the above email address shall be required and shall be deemed as the agreed upon method of
opting out of
previously granted express written consent.
We reserve the right to release current or past personal information (including Sensitive
Information): (A) in
the event that we believe that the Site Offerings are being or have been used in violation of
the Terms and
Conditions or to commit unlawful acts; (B) if the information is subpoenaed; provided, however,
that, where
permitted by applicable law, we shall provide you with e-mail notice, and opportunity to
challenge the
subpoena,
prior to disclosure of any personal information pursuant to a subpoena; or (C) if we are sold,
merge with a
third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that
if Company is
involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its
assets, you will
be
notified via email and/or a prominent notice on the Site of any change in ownership or uses of
your personal
information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we,
in our sole
discretion, determine the disclosure to be appropriate including, without limitation, sharing
your e-mail
address with third-parties for suppression purposes in compliance with applicable law, including
the CAN-SPAM
Act of 2003, as amended from time to time. Users should also be aware that courts of equity,
such as U.S.
Bankruptcy Courts, might have the authority under certain circumstances to permit personal
information to be
shared or transferred to third parties without permission.
NON-PERSONAL INFORMATION COLLECTION AND USE
IP Addresses/Browser Type We may collect certain non-personally identifiable information about
you and your
desktop computer and/or mobile device when you visit many of the pages of the Site. This
non-personally
identifiable information includes, without limitation, the type of browser that you use (e.g.,
Safari, Chrome,
Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or
iOS) and the
domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally
identifiable
information that we collect to improve the design and content of the Site Offerings and to
enable us to
personalize your Internet experience. We also may use this information in the aggregate to
analyze usage of
the
Site Offerings.
Cookies When a User visits the Site, we send one (1) or more cookies and/or gif files
(collectively,
"Cookies")
to assign an anonymous, unique identifier to the applicable User's computer. A Cookie is a piece
of data
stored
on your hard drive containing non-personally identifiable information about you. Cookies have
many benefits to
enhance your experience at the Site. To find out more about Cookies, please visit
www.cookiecentral.com. We
use
Cookies to improve the quality of the Site Offerings, including for storing User preferences and
tracking
Site-User trends (such as pages opened and length of stay at the Site).
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to
refuse all
Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies,
follow the
instructions associated with your Internet browser. Even in the case where a User rejects a
Cookie, he or she
may still use the Site Offerings; provided, however, that certain functions of the Site
Offerings may be
impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to
retain Cookie data
indefinitely.
Behavioral Tracking Neither Company, nor any third party, uses cookies, pixels or other tracking
technology on
the Site for purposes of tracking Users' activities after they leave the Site. Nevertheless,
most Internet
browsers contain a "do-not-track" setting. In general, when a "do-not-track" setting is active,
the end-user's
Internet browser notifies other websites that the end-user does not want his/her Information and
online
behavior
to be tracked and used, for example, for behavioral advertising.
Aggregate Data Company reserves the right to transfer and/or aggregate or group data about Users
of the Site
Offerings for lawful purposes. Aggregate or group data is data that describes the demographics,
usage and
other
characteristics of Site Offerings Users as a group, without disclosing personally identifiable
information.
INTERACTIVE SERVICES
If you engage in any interaction with Company, other Users or any third party via the
Interactive Services,
you
should be aware that the personal information that you submit by and through the Interactive
Services can be
read, collected and/or used by other Users of these services, and could be used to send you
unsolicited
messages
or otherwise to contact you without your consent or desire. We are not responsible for the
personal
information
that you choose to submit via the Interactive Services.
THIRD-PARTY WEBSITES
This Site may contain links to third-party owned and/or operated websites including, without
limitation, the
Third Party Insurance Service Providers. Company is not responsible for the privacy practices or
the content
of
such websites. In some cases, you may be able to make a purchase through one of these
third-party websites. In
these instances, you may be required to provide certain information, such as a credit card
number, to register
or complete a transaction at such website. These third-party websites have separate privacy and
data
collection
practices and Company has no responsibility or liability relating to them.
SECURITY
We endeavor to safeguard and protect our Users' personal information. When Users make personal
information
available to us, their personal information is protected both online and offline (to the extent
that we
maintain
any personal information offline). Where our registration/application process prompts Users to
enter Sensitive
Information, and when we store and transmit such Sensitive Information, that information is
encrypted with
advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to
ensure that your
personal information is not accessible to the public. All of our Users' personal information is
restricted in
our offices, as well as the offices of our third party service providers. Only employees or
third party agents
who need User personal information to perform a specific job are granted access to User personal
information.
Our employees are dedicated to ensuring the security and privacy of all User personal
information. Employees
not
adhering to our firm policies are subject to disciplinary action. The servers that we store User
personal
information on are kept in a secure physical environment. We also have security measures in
place to protect
the
loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect
your data, no
storage facility, technology, software, security protocols or data transmission over the
Internet or via
wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our
security measures
may gain access to certain portions of your personal information, and technological bugs, errors
and glitches
may cause inadvertent disclosures of your personal information; provided, however, that any
attempt to breach
the security of the network, our servers, databases or other hardware or software may constitute
a crime
punishable by law. For the reasons mentioned above, we cannot warrant that your personal
information will be
absolutely secure. Any transmission of data at or through the Site, other Site Offerings or
otherwise via the
Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable
regulatory
agencies
in the event that we learn of an information security breach with respect to your personal
information. You
will
be notified via e-mail in the event of such a breach. Please be advised that notice may be
delayed in order to
address the needs of law enforcement, determine the scope of network damage, and to engage in
remedial
measures.
MINORS
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal
information at
the Site. Company does not knowingly solicit or collect information from visitors under eighteen
(18) years of
age. Company encourages parents and guardians to spend time online with their children and to
participate and
monitor the interactive activities of their children.
OPT-OUT/UNSUBSCRIBE
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow
the instructions
included in the applicable e-mail message or other communication; or (b) e-mail us
at: TrustedConsumerPro@gmail.com and notices@insuranceplans.org.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating
information
relating to your request for Site Offerings, as well as to respond to any inquiry or request
made by you. To
opt-out of receiving Site Offerings-related and/or inquiry response-related messages from
Company, you must
cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to
Company, as
applicable.
Text Message frequency varies. Supporting carriers, include AT&T, Sprint, Verizon, Carolina
West, Nextel,
Celicom, Virgin Mobile, C Spire, Boost, Cincinnati Bell, Metro PCS, T-Mobile, Cricket, U.S.
Cellular or other
Wireless carriers are not liable for any delayed or undelivered messages. Consumers may opt out
of receiving
text messages by sending or replying “STOP”, “END” or “QUIT” to 60107. Consumers may also reply
with “HELP” or
email TrustedConsumerPro@gmail.com or call (855) 999-0875 for support. Message and Data Rates
May Apply to any
text/sms communication options.
We will not rent or sell your name, address, e-mail address, credit card information or personal
information
to
any third party without your permission, except as may be required by law.
DELETING, MODIFYING AND UPDATING YOUR INFORMATION
At your request, we will: (a) inform you of what personal information we have on file for you;
(b) amend the
personal information that we have on file for you; and/or (c) remove personal information that
you have
provided
to us, or that we have collected. You may do so by e-mailing us at: TrustedConsumerPro@gmail.com
and
notices@insuranceplans.org. We ask individual Users to identify themselves and the information
requested to be
accessed, corrected or removed before processing such requests, and, to the extent permitted by
applicable
law,
we may decline to process requests that are unreasonably repetitive or systematic, require
disproportionate
technical effort, jeopardize the privacy of others or would be extremely impractical (for
instance, requests
concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain
of the Site
Offerings. If you wish to continue using the full complement of Site Offerings, you may not be
able to delete
all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may
take a period
of
time before they are deleted from our active servers and may remain in our backup systems.
TRANSFER OF PERSONAL INFORMATION INTERNATIONALLY
If you are visiting the Site from a country other than the country in which our servers are
located, your
communications with us may result in the transfer of information across international
boundaries. By visiting
the Site and/or otherwise communicating electronically with us, you consent to such transfers.
Even if your
jurisdiction does not have the same privacy laws as the jurisdiction where our servers are
located, we will
treat your information as subject to the protections described in this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY
Company reserves the right to change or update this Privacy Policy at any time by posting a
notice on the Site
that we are changing our Privacy Policy. If the manner in which we use personal information
changes, Company
will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any
other
reasonable
means acceptable under applicable state and federal law. You will have a choice as to whether or
not we use
your
information in this different manner and we will only use your information in this different
manner where you
opt-in to such use.
CONTACT US
If you have any questions about this Privacy Policy or our privacy practices in general, you may
email us as
at: notices@insuranceplans.org; call us at: 855-999-0875; or send us mail to: Trusted Consumer,
4450 Arapahoe Ave, Ste 100, Boulder, CO 80303.
FILING A COMPLAINT WITH THE FEDERAL TRADE COMMISSION
To file a complaint regarding our privacy practices, please Click Here.
Last Updated: October 1, 2020