Please read these Terms of Use ("Agreement", "Terms of Use ") carefully before accessing this
website
and its services ("Site"), operated by Managed Practitioners ("us", "we", or "our"). This Agreement
sets
forth the legally binding terms and conditions for your use of this Site.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL AND CLASS ACTION. IF
YOU
DO NOT AGREE WITH THESE PROVISIONS< DO NOT USE THIS WEBSITE OR SERVICES. By accessing or using the
Site
in any manner, including, but not limited to, visiting or browsing the Site or contributing content
or
other materials through direct or indirect means or by using the goods or services providede and
offered
through these Services by any methods (including telephone, mail, text or email) you agree to be
bound
by these Terms of Use. (the terms "Service" and "Services" include use through these methods).
This site and its related, affiliated and subsidiary companies disclaim all warranties, implied or
expressed, including, but not limited to, implied warranties of merchantability and fitness for a
particular purpose.
In no event shall this site and its related, affiliated and subsidiary companies be liable for any
direct, indirect, special, incidental, or consequential damages arising out of the use of this
Service
or the information provided on this Site.
You acknowledge and agree that we are not a lender, broker, investor, insurance provider, financial
institution, home services contractor, real estate professional or other Service provider. We
provide
internet marketing services through this website for the benefit of Third Parties only. You
acknowledge
and agree that we are solely an intermediary between you and such persons or institution and,
therefore,
we expressly disclaim any and all liability to any content, Services, insurance and/or financial
products provided by such parties.
It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions,
advice,
services or other information provided herein or by any third party. Consult your own legal, tax,
health
professionals with respect to your personal situation.
This Service provides information regarding insurance products/services for consumers and allows
consumers to submit an inquiry for additional information. We do not charge users of this site a fee
to
use this service.
If you submit an inquiry on this site, your information will be shared and/or purchased by our
network
of clients including but not limited to:
Insurance Professionals
Home Service Businesses, ie. Solar, Roofing etc..
Mortgage brokers
Credit consultants
Real Estate Professionals
Financial Institutions or;
Any other business in our network that may be related to the service or product you have expressed
interest in.
Your inquiry on this site is not, and is not intended to be, any type of application for any
insurance
and/or financial product. Prior to submission of your inquiry, you agree to the following:
You agree to share your information with businesses in our network and allow them and us to contact
you
via telephone, mobile device (including SMS and MMS) and/or email, even if your telephone number is
currently listed on any state, federal or corporate Do Not Call list.
You agree to receive prerecorded or autodialed calls, texts and emails from us and any affiliates,
partners, and vendors to the phone numbers, mobile numbers and email addresses you have provided.
You understand and agree that your consent is not a condition, directly or indirectly of a purchase.
Data and message rates may apply.
You understand that requirements to qualify for a particular insurance or financial product are made
by
the individual businesses who offer such products and services- we do not endorse, warrant, or
guarantee
the products or services of any the businesses who may contact you.
Multiple businesses may be provided your information and may contact you. This allows you to compare
products and services prior to making a purchase. Personal information submitted in connection with
this
Service is subject to our Privacy Policy. Some of the businesses who contact you may be subject to
Federal and State laws and regulations for their practices. Please review the privacy practices of
all
third parties who contact you.
Intellectual Property
The Site and its original content, features and functionality are owned by Managed Practitioners and
are
protected by all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets,
and
other intellectual property rights thereto (collectively “Services Content”). Distribution of this
property is prohibited unless consent is given.
Any Insurance/financial company logos used herein are the exclusive property of the respective
companies, and are used with permission.
Except as otherwise specifically provided in this Agreement, you may not download or save a copy of
the
Services Content or any portion thereof, for any purpose; however, you may print a copy of
individual
screens appearing as part of the Services Content solely for your personal, non-commercial use or
records, provided that our marks, logos or other legends that appear on the copied screens remain
on,
and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not publish, modify, copy, display,
transmit,
adapt or; in any way exploit any portion of our Services Content. Exceptions may be considered, if
you
first obtain prior written consent from us and from all other entities with an interest in the
relevant
intellectual property.
Anti-Spam Policy
We take all commercially reasonable efforts to avoid Spam. If you have received unwanted email from
us,
please contact us HERE and let us know what you received and we will immediately remove you from our
marketing communications.
Prohibited Use
This Site provides Services for U.S. residents only. You may use the Service only for lawful
purposes
and in accordance with these Terms and Conditions. You agree not to use this Service in any way that
violates any applicable federal, state, local, or international law or regulation.
It is prohibited to directly or indirectly interfere, or attempt to interfere with the proper
working of
this Service or system integrities or securities.
It is prohibited to use any robot, spider, other automatic device, or manual process to monitor or
access or copy our web pages or any content without our prior expressed written permission.
It is prohibited to use any manual process to monitor or copy any of the material on this Service or
for
any other unauthorized purpose without our prior written consent.
It is prohibited to represent yourself as someone else or hide or attempt to hide your identity.
Limitation Of Liability
Insurance and/or financial products offered are intended for residents of states in which the
insurance
company/ financial company is licensed. Products available may vary by state.
In no event shall we, nor any subsidiaries, licensors, directors, shareholders, employees, partners,
agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from
your
use of the Service.
You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and
expenses, including but not limited to attorney's fees, arising from your violation of any
third-party’s
rights or any errors, omissions, or other inaccuracies in, or destructive properties of this Service
or
the Service Content.
RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE MANAGED PRACTITIONERS AND ITS SERVICE
PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION
PROVIDERS,
AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED,
ASSOCIATED,
OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF
ACTION,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER
WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE
CONNECTED
WITH YOUR USE OF THIS SITE AND SERVICE.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER- BY USING OR ACCESSING THE SERVICES OF THE COMPANY,
YOU
AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE THE COMPANY'S SERVICES
OR
SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS.
Review this section carefully. This arbitration provision limits your and the Company’s ability to
litigate claims in court and you and the Company each agree to waive your respective rights to a
jury
trial or a state or federal judge. You agree that you will not file any lawsuit against us in any
state
or federal court.
DISPUTE RESOLUTION AND CLASS ACTION PROHIBITION.
You and we each agree that any and all disputes or claims that have arisen or may arise between you
and
us relating in any way to or arising out of this or previous versions of this Agreement, your use of
or
access to our Services, or any Product sold, offered, or purchased through our Services shall be
resolved exclusively through final and binding arbitration, rather than in court, except that if our
claims are under $1,000.00 you may assert claims in small claims court, if your claims qualify. The
Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate
section (this "Agreement to Arbitrate").
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and
court review of an arbitration award is very limited. However, an arbitrator can award the same
damages
and relief on an individual basis that a court can award to an individual. An arbitrator should
apply
the terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority
to
resolve any dispute arising out of or relating to the interpretation, applicability, enforceability
or
formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not
limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void
or
voidable.
The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-
Related
Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually
agreed
location. If the value of the relief sought is $10,000 or less, you or we may elect to have the
arbitration conducted by telephone or based solely on written submissions, which election shall be
binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the
circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us,
unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of
Delaware, including recognized principles of equity, and will honor all claims of privilege
recognized
by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other
users,
but is bound by rulings in prior arbitrations involving the same user to the extent required by
applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered
by
the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless
otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND
NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS
BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S
OR
PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR
CLASS
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY
RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE
RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER
USERS.
Severability
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized
Relief",
if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or
unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or
court decides that any of the provisions in this Agreement is invalid or unenforceable, then the
entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and
any
legal disputes sections will continue to apply and that jurisdiction over and venue of any suit
shall be
exclusively in the state and federal courts sitting in the County of Arapahoe, state of Colorado.
Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any
change to this Agreement to Arbitrate (other than a change to any notice address or site link
provided
herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding
against us prior to the effective date of the change. The change shall apply to all other disputes
or
claims governed by this arbitration provision that have arisen or may arise between you and us. We
will
notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at
least 3 days before the effective date of the changes and/or by email.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE
UP
YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO
PARTICIPATE IN
OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR
JURY.
NO WARRANTY
THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS
AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE
OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON OR ASSOCIATED
WITH OUR SERVICES INCLUDING ANY LOAN YOU MAY CHOOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR
SERVICES
IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A LENDER, BROKER,
INVESTOR,
FINANCIAL INSTITUTION OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN
INTERMEDIARY BETWEEN YOU AND SUCH PERSONS OR INSTITUTION AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY
AND
ALL LIABILITY FOR ANY CONTENT, SERVICES OR LOANS PROVIDED BY SUCH SERVICE PROVIDERS.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR
IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE
SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS
YOUR
SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE
CONTENT
AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES AND ANY PRODUCT OR SERVICE YOU
ACCEPT.
WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR SERVICES MAY BE AVAILABLE
FOR
DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP
DOORS,
BACK DOORS, EASTER EGGS, TIME BOMBS, BOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT
CONTAIN
CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE
WITH,
SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY
QUOTES
OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate
information
or entry of information, whether caused by a user of our Services or by any of the equipment or
programming associated with or utilized in connection with our Services or any Services provided on
or
through our site, or by any technical or human error which may occur in the processing of
information
received by us.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in
operation
or transmission, communications line failure, theft or destruction or authorized access to, or
alteration of, information received or submitted in connection with our Services.
We cannot be responsible for any problems, errors or technical malfunction of any telephone network
or
lines, computer online systems, servers or providers, computer equipment, or software, or any
failure of
email on account of technical problems or traffic congestion on the Internet or at our Services or
combination thereof, including injury or damage to participants or to any other person’s computer
related to or resulting from use of our Services or Services Content.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS
AND
ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY
PARTY
(i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT
LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE,
RELIANCE ON, OR INABILITY TO USE THE SERVICES OR SERVICES CONTENT, EVEN IF ALL SUCH PARTIES SHALL
HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES OR THE SERVICES CONTENT. YOU AND WE AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION
SHALL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY AND ITS SERVICE PROVIDERS AND
EACH
OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR
RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED
PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS,
LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER
KNOWN OR
UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE
OF
THE SERVICE.
Indemnification
You agree to indemnify and hold the Company, its subsidiaries, affiliates, agents, shareholders,
officers contractors, vendors, employees, and service providers harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of your use of
this
site/service, the violation of this Agreement by you, or the infringement by you, or other user of
this
Service using your computer, of any intellectual property or other right of any person or entity.
The
Company and its Service providers assume no responsibility whatsoever for such content or actions.
The
Company reserves the right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you.
Termination
If you breach or violate any part of this Agreement or provisions in the Privacy Policy you may no
longer use this Service. The Company may, at its sole discretion, change, suspend, or terminate,
temporarily or permanently, this Service or any part of it at any time, for any reason, without
notice
to you and without liability to you or any other person. You agree that all terminations for cause
shall
be made at the Company’s sole discretion and shall not be liable to you or any third party for any
termination.
Changes To This Agreement
We reserve the right to change any content, features or functions of our Services without prior
notice.
We may deny you access to the Services for any reason without prior notice if you engage in any
conduct
or activities that we determine, in our sole discretion, violate these Terms, our legal rights or
the
legal rights of any third party or are otherwise inappropriate. We are not responsible for any
errors or
delays in providing the Services whether caused by errors in the registration information you
provided
by any technical problems in our system.
We reserve the right to make changes to this Agreement and the posted Privacy Policy. Any changes
made
will be effective from the date of such posting without further notice to you. Your continued use of
the
Services after any such changes constitutes your acceptance of the new Terms of Use
