Terms and Condition
Please review these terms of service (“Terms”) thoroughly before making use of the Regal Results (the “Company”) Resource (as described below) or applying to be an agent of insurance for the Company or otherwise seeking association with the Company.
Make sure you read and comprehend the terms. They contain an arbitration agreement as well as a JURY and WAIVERS FOR CLASS ACTIONS, LIMITATIONS OF LIABILITY AND OTHER provisions that affect your LEGAL rights.
- Utilization of Resources
The Company’s website as well as the software to manage customer relations agent portal leads, or receiving any other form of compensation or commissions from any insurance company that is affiliated to the Company (collectively, “Resources”) is contingent upon your acknowledgement of, agreement and the compliance with these Terms. These Terms apply to all insurance companies that offer or sell any product under their affiliation with the Company or through using all of the resources.
If you access the resources of the Company, You accept the terms of these Conditions. If you do not agree with any aspect of these Terms, You must immediately inform the Company and end your relationship with the Company.
All Resources are provided “as is.” The Company cannot provide any guarantees, either implied, expressly or otherwise, as to the completeness, accuracy or the performance of any Resource.
- Outbound Communications and Compliance with the law
When you engage in activities related to the marketing or sale of insurance products which are involving Company in any way Company or its trademarks in any manner (including the use or display of Company trademarks, or any resource), You agree you are not:
- sell leads bought through Company Company or through the assistance of the Company, unless specifically authorized by the Company to conduct the sale of leads
- Make use of (or allow others to make use of on behalf of you) use of any automated telephone call-centre system, automatic dialer, text, prerecorded text call, artificial voice, or telemarketing services;
- buy or utilize leads that were created using an automated telephone dialling device, autodialer, spam text, prerecorded messages and artificial voice calls or telemarketing services;
- Contact any lead without proof of consent, or in the absence of consent in the first instance, without screening against Federal Do-Not-Call (“DNC”) registry as well as any states DNC list;
- Contact the lead you want to unsubscribe from receiving communications;
- If you are involved in the sales or marketing of products such as Medicare Benefit, Medicare Part D or MAPDP product:
- Make use of telephone solicitation, such as texts, door-to-door solicitation, and email solicitation with an opt-out option or approach potential participants in general areas.
- contact a potential enrollee who has not granted permission to the organization that you are affiliated with for contact by your plan or sales representative;
- Use marketing and communications materials that are false, misleading or have not been approved or approved by CMS or the appropriate carrier if the approval requirement is met or are not in compliance with Medicare guidelines for marketing;
- Inability to obtain a valid Scope of Appointment before an in-person or telephonic one-on-one appointment for marketing; or
- sign up a prospective enrollee to a Medicare Advantage plan via an outbound call
- Contact leads or utilizes these Resources for any manner that is in violation of laws, whether federal or state-wide, including, but not limited to marketing laws such as and the Telephone Consumer Protection Act of 1991 (“TCPA”), the Telemarketing Sales Rule (“TSR”) the CAN-SPAM Act The Health Insurance Portability and Accountability Act (“HIPAA”), the California Consumer Privacy Act (“CCPA”) or, to the extent that it is applicable, Medicare laws, regulations and guidelines.
- Contact with Agent
Agents, as such, grant permission to your Company to reach out to you regarding the selling of insurance-related products. The Company could contact you via text message, phone, email voicemail, text message, or other means. You can opt out of any communications by notifying the Company of your choice to unsubscribe.
- Independent Contractors
Except for employee agents, The agents of the Company work as independent contractors for The Company; they aren’t employees or agents of the Company. Agents who are not employees have the right to decide on the method, procedure and methods to perform their work. This document is not intended to establish a partnership, joint venture, agency relationship between contractors who are not employees as well as the Company.
The Company’s logo and name, as well as all associated names such as logos, product and design names, as well as slogans, belong to the Company or its affiliates or licensing partners. You are not permitted to use these trademarks without prior written consent from the Company. Other names, logos, products and names, designs and slogans appearing on the Website of the Company are trademarks of their respective owners.
Indemnify, defend and indemnify the Company as well as its subsidiaries, licensors, affiliates, service providers, and their officer’s directors, employees agents, contractors, licensors and suppliers, as well as their successors and assigns against any liability, claims or judgments, damages and awards cost, or costs (including reasonable attorney’s costs) due to or in connection with your violation of these Conditions or your use of the Resources, including any breach of the laws.
- Limitation of Liability
To the extent that is permitted by applicable law, IN ALL CASES, THE COMPANY (OR its employees, officers and DIRECTORS) be liable to you for any consequential, exemptive or other, incidental, SPECIAL, PUNITIVE DAMAGES that arise out of or in connection with the present conditions or from the use of or inability to use the resources, regardless of the law, and even when the Company has been aware of the possibility of SUCH damages. To the extent permitted by any applicable law, notwithstanding anything contrary to what has contained HEREIN the Company’s liability to you arising out of these TERMS or the use of or inability to use the resources, WILL AT ALL TIMES be limited to the greater of $1,000 or the amount you have paid to the Company for access to and use of the RESERVES.
- Agreement to arbitrate
Any dispute, claim or dispute that arises out of or in relation to these Terms, or the breach or termination, enforceability, application or validity of them or the use of the Resources will be resolved through binding arbitration. Both you and the Company both waive the right to a jury trial or to be an individual or as a class member in any representative or class action. The agreement to arbitrate will be in effect until the end of these terms. The arbitration process will be managed through the American Arbitration Association (“AAA”) according to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”), which are in force located in Dallas, Texas. The arbitrator will be chosen between the disputants from AAA’s arbitrators’ roster. If the parties are not able to come to an agreement on the right arbitrator within 7 (7) days after the receipt of the Request for Arbitration, The AAA will select the arbitrator according to the AAA Rules. The arbitration decision can be made in any court that has the jurisdiction to hear it. The number of damages awarded by the arbitrator must conform to the conditions in the “Limitation of Liability” section above with regard to the types and the number of damages that an individual may be held responsible for.
- Severability and Waiver
Failure to take action by the Company to comply with any provision or right of these Terms does not be construed as any waiver for the right to enforce that clause or right. Any waiver of rights or provisions will be valid only if written and signed by an approved representative of the Company. If for any reason, any court with jurisdiction or an arbitrator determines that a term of these Terms is unenforceable or unenforceable, the clause is implemented to the greatest extent permitted, while the other terms of these Terms remain in full effectiveness and force.