The My Policy Partner Terms and Conditions ("Terms") is a legal agreement that includes claims related to our clients, vendors, and Marketing Partners, which are third-party beneficiaries of this arbitration agreement. By using the Service, you agree to comply with and be bound by these Terms.
MyPolicyPartner provides users with a wide selection of pricing quotes for various goods and services. Users may also participate in advertising campaigns, take quizzes and surveys, use various services and products, and use information ("Services") provided by My Policy Partner, Inc.
MyPolicyPartner may terminate a participant's use of the Services and destroy any data within the Services if MyPolicyPartner deems that the participant has not observed these Terms and Conditions or for any other reasons. MyPolicyPartner may also prohibit the user's further access to the Services, with or without prior notice.
The Service contains advertisements, offers, or other links to websites of third parties that we do not control. MyPolicyPartner is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products, or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk.
MyPolicyPartner's Privacy Policy is applicable only when you are on our Site. Your transactions and other dealings with third-party merchants or advertisers found on or through the Service are solely between you and such merchant or advertiser.
When participants use the Services, they agree that MyPolicyPartner may contact them with future communications, including without limitation, email marketing, telephone marketing, and other forms of direct marketing, as well as online and offline advertising. MyPolicyPartner may share participants' information with third parties for marketing purposes, unless participants opt out, as described in the Privacy Policy.
By using the Services, the participant accepts and agrees to the MyPolicyPartner Privacy Policy, which is incorporated herein by reference. Participant further acknowledges that any costs associated with receiving future marketing communications are the sole responsibility of the participant.
Participants attest that any personal information collected through the Services is correct and complete. If MyPolicyPartner determines in its sole discretion that the registered information is not accurate or complete, then MyPolicyPartner is entitled to delete the participant's data and prohibit the participant's further use of the Services.
By accessing or using the Services, you represent and warrant that:
MyPolicyPartner is for personal use only. Organizations and businesses may not become participants and should not use the Services for any commercial purpose. You hereby agree not to reproduce, copy, sell, resell, or use the Services (or any part of it) for commercial purposes.
Company grants each user a limited, revocable, non-exclusive license to access the Site and Services in order to view or make legitimate inquiries regarding our Services, all in accordance with these Terms. This limited license does not include any right of collection, aggregation, copying, duplication, display, or derivative use of the Site nor any right to use data mining, robots, spiders, or similar data gathering and extraction tools without our prior written permission.
All service marks, trademarks, logos, trade names, slogans, and domain names that appear on or in connection with the Services are the property of MyPolicyPartner or its affiliates, licensors, or licensees. The data, content, organization, graphics, and designs featured on MyPolicyPartner are protected under applicable U.S. and international copyright, trademark, and other intellectual property laws. It is forbidden to copy, sell, re-sell, reproduce, display, or use the Copyrighted Material without the prior written consent of MyPolicyPartner. All rights are reserved.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WHERE-IS" BASIS. ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS WITH THIRD-PARTY SERVICES ARE NOT THE RESPONSIBILITY OF MyPolicyPartner.
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners, and employees harmless from any loss, liability, claim, damages, costs, expenses, or demand, including reasonable attorney's fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any content you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party, or (vi) your violation of any applicable laws, rules, or regulations.
MyPolicyPartner and the Services are intended for use within the United States, if not explicitly stated within contest rules provided. Participants from locations outside of the United States choose to participate in the Services at their own risk and assume responsibility for complying with the laws and regulations within their own jurisdictions.
Arbitration proceedings shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA by a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM.
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
The company is committed to full compliance with the Digital Millennium Copyright Act of 1998, as amended ("DMCA"). If you believe that your work has been copied, posted, or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent with the following information in writing:
This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.
No agency, partnership, joint venture, or employment is created as a result of this Agreement. You agree that any claim or cause of action arising out of or related to this Agreement or your use of the Services must be filed within two (2) years after such claim or cause of action arose or be forever barred. Use of the Services is void where prohibited by law.
This Data Processing Addendum ("Addendum") supplements the Terms of Service between the Client and MyPolicyPartner, Inc ("Company"), and is hereby incorporated by reference into the Agreement. In the event of any inconsistency or conflict between this Addendum and the Agreement, this Addendum will govern.
In connection with providing the Services, Company will be Processing Personal Information on behalf of Client. "Personal Information" means information that relates, directly or indirectly, to an identified or identifiable person (a "Data Subject"), which may include names, email addresses, postal addresses, or online identifiers. As between Client and Company, all Personal Information is the sole and exclusive property of Client.
The parties acknowledge and agree that: (a) Company is a processor of Personal Information under Applicable Law; (b) Client is a controller of Personal Information under Applicable Law; and (c) each party will comply with the obligations applicable to it under Applicable Law with respect to the Processing of Personal Information.
As part of the Services, Company will use commercially reasonable efforts to Process Personal Information solely in accordance with Client's documented instructions; in accordance with applicable laws including the GDPR; and will not disclose Personal Information to any third party without first notifying Client and obtaining Client's prior consent where required.
The company will not engage another processor to process Client's Personal Information without authorization from Client. Client hereby provides its general written authorization for Company's use of subcontractors to Process Personal Information on behalf of Client.
The company will use commercially reasonable efforts not to transfer any Personal Information from one jurisdiction to another without Client's prior written consent. Where Client consents to such transfer, the transfer will be in accordance with Applicable Law.
The company will use commercially reasonable efforts to implement and maintain appropriate technical and organizational measures consistent with industry standards to protect and ensure the confidentiality and integrity of Personal Information.
The company will keep at its normal place of business records of its Processing of Client Personal Information. At Client's reasonable written request and with advance written notice, Company will make available to Client information necessary to demonstrate compliance with Applicable Law. Any audit will be conducted on reasonable advance written notice, no more than once per year, during standard business hours, and in a manner to minimize disruption to Company's operations.
If Company has actual or constructive notice of any actual or potential Security Breach, Company will take commercially reasonable efforts to, without undue delay: (a) notify Client of the Security Breach; (b) help Client investigate, remediate, and take any necessary action; and (c) provide Client with assurance that such Security Breach will not recur.
Upon written request by Client or when Company no longer is required to Process Personal Information to fulfill its obligations under the Agreement, Company will use commercially reasonable efforts to cease all use of Personal Information and return or destroy all Personal Information and copies thereof, except to the extent required under Applicable Law to retain a copy.
The context for the Processing of Personal Information is the Company's provision of Services under the Agreement.
The Processing will begin on the effective date of the Agreement and will end upon the expiration or termination of the Agreement.
Company specializes in lead generation services. The client uses the Services to process Personal Information of its customers or contacts for marketing and sales purposes. Company stores the Personal Information on its servers and processes such Personal Information only for the purposes of, and in accordance with, the instructions of Client.
Contact details including name, address, telephone or mobile number, fax number, and email address; date of birth; details of goods and/or services which customers/potential customers purchased or enquired about; IP address; place of employment; occupation; personal interests; age; and other Personal Information collected and provided by Client in connection with Client's use of the Services.
Customers and prospective customers of Client and other marketing contacts determined by Client in connection with Client's use of the Services.
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