TrustedChoice.com (“TC.com”), legal name of Consumer Agent Portal, LLC, which operates the portal located at www.TrustedChoice.com, has established these Terms of Use for all who visit, use and interact with (collectively “Users”) this portal and/or any interactive portal and/or Web site hosted by a third party, the content of which is controlled by TC.com (individually and collectively “Site”). By using this Site, you agree to comply with these Terms of Use. If you do not agree to comply with these Terms of Use, you do not have permission to use this Site. TC.com may change these Terms of Use at any time, without notice, by posting them on this Site, and you must abide by the revised terms in order to have permission to continue to use this Site. You agree to review these Terms of Use periodically so you are informed about any changes to them. This is a legally binding contract.
When using this Site you agree:
1. To comply with all applicable laws and regulations, including, without limitation, the antitrust laws.
2. Not to publish, upload, post, embed, e-mail, transmit, or otherwise distribute, disseminate or make available any information, messages or content that: violates or infringes on any rights of others (including, without limitation, intellectual property rights); might interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; is defamatory, abusive, profane, obscene, pornographic, vulgar, indecent, threatening, hateful, or includes offensive language; attacks others or invades their privacy, personally or professionally; involves or assists in the use of false names or impersonation of others by you or by someone else; harasses, threatens, or embarrasses others; constitutes or promotes illegal activity; is knowingly inaccurate or false; is misleading or fraudulent; includes content that you do not have a legal or contractual right to make available or that you are prohibited from making available due to fiduciary relationships; contains the image, name or likeness of anyone other than yourself unless the person is at least 18 years old and you have the person’s advance permission, or you have the permission of the person’s parent/legal guardian if the person is under 18; solicits or offers money, goods or services for private or personal gain; contains advertising or promotions; harvests screen names; or sends spam or intentionally duplicative or unsolicited messages (commercial or otherwise). You also agree not to attempt to gain unauthorized access to this Site, materials on this Site, or other accounts, computer systems or networks connected and/or linked to this Site or any TC.com server, through hacking, password mining or any other means, or attempt to obtain any materials or information through any means other than those intentionally made available through this Site. TC.com is not obligated to monitor your communications with others on or through this Site, but TC.com reserves the right to screen and/or review materials posted by you and remove any of your materials, in TC.com’s sole discretion and without notice to you (except as otherwise provided for herein). TC.com reserves the right to terminate your access to any or all portions of this Site, without notice, at any time and for any reason.
3. To abide by the copyright ownership of materials on this Site in accordance with the following:
(a) The works of authorship on this Site that have been created, produced, uploaded and/or otherwise contributed by TC.com, including, but not limited to, all design, text, images, and sounds (individually and collectively “Publications”), contained in this Site are owned or approved for use by TC.com, except as otherwise expressly stated. The Publications may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part (individually and collectively "Reproduced") in any manner without TC.com’s prior written consent, except as expressly permitted by a notice on the Publication, or except to the extent permitted by law. If Reproduced, the Publications must be Reproduced with the copyright notice on all copies, be Reproduced without changes, and be used for informational/non-commercial purposes. Since some of the Publications on the Site were provided under licenses from other entities with all rights reserved, if you are interested in obtaining a license so that one or more of those materials may be Reproduced, please contact TC.com’s Marketing Department at (952) 715-5917 or via e-mail at: info@projectcapmarketing.com.
(b) TC.com does not claim ownership of the materials you post, upload, input or submit to this Site for review by the general public or any public or private community. By posting, uploading, inputting or submitting such materials, you grant TC.com and any necessary/appropriate sublicensees permission to use your materials, including, without limitation, a license to TC.com and any necessary/appropriate sublicensees to copy, distribute, transmit, publicly display/perform, reproduce, edit, translate and reformat your materials; to publish your name with your materials; and to sublicense such rights to any suppliers of services to TC.com. By posting, uploading, inputting or submitting your materials to this Site, you represent and warrant that you own or otherwise control all rights to the materials that permit you to post, upload, input or submit your materials to this Site, including, without limitation, all copyrights and other rights necessary to comply with all of the provisions in these Terms of Use. No compensation will be paid to you or any other party for use of your materials as provided herein. TC.com is not obligated to post or use any of your materials and may remove such materials at any time in its sole discretion without notice to you.
(c) TC.com will respond to allegations of violations of copyrights of others in accordance with the Digital Millennium Copyright Act (“DMCA”). TC.com will process notices it receives of alleged copyright infringement and take appropriate action as required by the DMCA and other applicable intellectual property laws. If you believe any material contained in this Site infringes your copyright, you should notify TC.com of your copyright infringement claim in accordance with the following procedures:
Notice of the alleged copyright infringement must be sent to this Site’s designated agent (“DMCA Agent”), who is:
Chief Financial Officer
TrustedChoice.com
900 Second Avenue South
Suite 1540
Minneapolis, MN 55402
To be effective, the notice must be in writing and contain substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TC.com to locate the material.
(iv) Information reasonably sufficient to permit TC.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of an effective notice of alleged copyright infringement, TC.com will remove or disable access to the allegedly infringing content, forward the notice of alleged copyright infringement to the alleged infringer, and inform the alleged infringer that TC.com has removed or disabled access to such content. If the alleged infringer believes the copyright infringement allegation is unfounded or in error, the alleged infringer may send a counter notification to TC.com.
To be effective, the counter notification must be sent to TC.com’s DMCA Agent, be in writing, and contain substantially the following:
(i) A physical or electronic signature of the alleged infringer.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which the alleged infringer may be found, and that the alleged infringer will accept service of process from the person who provided the notice of alleged copyright infringement to TC.com or an agent of such person.
Upon receipt of an effective counter notification, TC.com will provide a copy of the counter notification to the sender of the notice of alleged copyright infringement and inform such person that TC.com will replace the removed material or cease disabling access to it in 10 business days. TC.com will then replace the removed material or cease disabling access to it in no fewer than 10, and no more than 14, business days following receipt of the effective counter notification, unless TC.com’s DMCA Agent first receives notice from the sender of the notice of alleged copyright infringement that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the alleged infringer’s system or network.
4. To abide by the trademark ownership of names, logos, or slogans (collectively “Trademarks”) on the Site in accordance with the following: Reproduction or republication of any Trademarks belonging to and/or licensed to TC.com is prohibited without prior written permission from TC.com.
5. To abide by TC.com’s position relative to links, as follows: The Site contains links to Internet sites of other entities, such as insurance carriers; vendors; independent insurance agents/agencies brokers/brokerage firms; the Independent Insurance Agents & Brokers of America, Inc. (“IIABA”); state associations affiliated with IIABA; Trusted Choice®, Inc., others providing access to, use of, and/or participation in any products/services/resources/surveys from the Site, other TC.com partners/vendors, and other businesses and resources (collectively “Linked Resources”), and each Internet site of Linked Resources may have its own privacy and data collection policies and practices. TC.com is not responsible for the privacy and data collection policies and practices of any Linked Resources, or for the content of their Internet sites. Users interested in the privacy and data collection policies and practices of Linked Resources should review the policies of the Internet sites they choose to access.
TC.com makes no representations or warranties of any kind, express or implied about the Internet sites of Linked Resources, and TC.com disclaims all warranties and responsibilities of any kind, including, without limitation, warranties and responsibilities with respect to Linked Resources’ Internet sites, content, privacy and data collection policies and practices, and actions. Links to other Internet sites, including, but not limited to, Linked Resources, do not imply TC.com’s endorsement or approval of such Internet sites or the resources and information contained within them, nor are such links or references indications that TC.com has received specific authorization to provide these links or resources. TC.com does not endorse, approve, certify or control such external Internet sites, and is not responsible for the accuracy, timeliness, completeness, efficacy, merchantability, usefulness, fitness for any particular purpose or correct sequencing of information located at such Internet sites. The links and references on this Site to other Internet sites including, but not limited to, Linked Resources are provided solely as a convenience to users of this Site.
6. To indemnify, defend, and hold TC.com, and its past, present and future officers, directors, agents, executive committee members, and employees (collectively “TC.com Indemnitees”) harmless from any and all demands, claims, loss, damage, liability, judgment, costs, and expense (including reasonable attorneys’ fees and costs of investigation and defense) that the TC.com Indemnitees may sustain or incur due, in whole or in part, to your violation or failure to comply with any of these Terms of Use. TC.com reserves the right to defend any such claim, and you agree to provide TC.com with such reasonable cooperation and information as TC.com requests.
7. To abide by TC.com’s position relative to content and information on this Site, as follows: All of the information in this Site is provided without representations or warranties of any kind. TC.com disclaims all representations and warranties of any kind, express, implied, statutory or otherwise, to you and/or any other party, including, without limitation, any warranties of accuracy, timeliness, completeness, efficacy, merchantability, fitness for any particular purpose, and usefulness of the content provided. TC.com shall have no tort, contract or any other liability to you or any other users of content from this Site and/or to any other party. TC.com shall not be liable to you and/or any other party for any lost profits or lost opportunities, or any indirect, special, consequential, incidental or punitive damages whatsoever arising out of or relating to the use of this Site or any information or content provided on or through the Site, even if TC.com has been advised of the possibility of such damages. The information contained in this Site is not intended to provide specific advice about individual legal, business or other questions, and it is not a substitute for your independent research and evaluation of any issue. If specific legal or other expert advice is required or desired, the services of an appropriate, competent professional should be sought.
8. If any portion of these Terms of Use, or the application of them to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of these Terms of Use, or the application of them to persons or circumstances other than those which are invalid or unenforceable, shall not be affected thereby, and each portion of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law.
9. These Terms of Use are governed by the laws of the State of Minnesota, without regard to its conflicts of laws rules, and may be amended at any time by TC.com, without notice to you. These Terms of Use and any amendments or revisions to them will become effective upon posting to this Site, and your use of this Site after any changes to the Terms of Use constitutes your agreement to be bound by the amended or revised Terms of Use. Any dispute arising under these Terms of Use or by your use of this Site shall be resolved only by the state and federal courts of Minnesota, with exclusive venue in Minneapolis, Minnesota, U.S.