Terms of Use

1. Acceptance of Terms

These Terms of Use shall apply to each individual agent ("User") who accesses the PURLPal Subscription Service as defined below, whether through the User's own account, or through the account of an agency with which the User is affiliated. Please read these Terms of Use carefully. By accessing or using the Subscription Service, User accepts and agrees to be bound and abide by these Terms of Use as well as any policies, addenda or other documents incorporated herein by reference. If User does not want to agree to these Terms of Use, User must not access or use the Subscription Service.

2. Definitions

• "Subscription Service" means licensed use of PURLPal LLC's hosted, proprietary, web-based system currently known as "PURLPal" or "PURLPal Plus", as the case may be. PURLPal LLC retains the unilateral right to rename the Subscription Service.
• "User" means each individual agent who accesses the Subscription Service, whether through the User's own account, or through the account of an agency with which the User is affiliated.
• "User Data" means the data and information provided by User under these Terms of Use, including any information uploaded or transmitted to PURLPal LLC through the Subscription Service.
• "Insights" means one or more healthcare policies identified through the Subscription Service as a viable option for User's client based on User Data loaded into the Subscription Service.

3. Use of the Subscription Service

License to Use Subscription Service

Subject to User's compliance with these Terms of Use, PURLPal LLC grants User a limited, non-exclusive, non-transferable license to use the Subscription Service solely for User's business operations in connection with User's licensing as a health insurance agent.

Account Creation

To access the Subscription Service, User must create an account and provide accurate, current, and complete information. User is responsible for maintaining the confidentiality of account credentials and for all activities that occur under the account.

Account Sharing Prohibited

User accounts are non-transferable and may not be shared with other individuals or entities without express written permission from PURLPal LLC.

Use Restrictions

User shall not:

• Use the Subscription Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to the Subscription Service or its related systems
• Copy, modify, distribute, or create derivative works of the Subscription Service
• Use the Subscription Service to transmit harmful, offensive, or inappropriate content
• Interfere with or disrupt the integrity or performance of the Subscription Service

User Compliance with Laws

User acknowledges and agrees to comply with all applicable federal, state, and local laws and regulations in connection with User's use of the Subscription Service, including but not limited to insurance licensing requirements and privacy laws.

4. Provider Rights and Obligations

Availability

PURLPal LLC will use commercially reasonable efforts to make the Subscription Service available 24 hours a day, 7 days a week, except for planned downtime for maintenance, updates, or circumstances beyond our reasonable control.

Modification

PURLPal LLC reserves the right to modify, upgrade, or enhance the Subscription Service at any time without prior notice. Such modifications may include changes to features, functionality, or user interface.

Technical Support

PURLPal LLC will provide standard technical support services during normal business hours via email and other electronic communication methods as determined by PURLPal LLC.

Security

PURLPal LLC implements and maintains appropriate technical and organizational security measures to protect User Data against unauthorized access, alteration, disclosure, or destruction.

5. Termination, Suspension, and Modification

Termination

Either party may terminate these Terms of Use at any time with or without cause. PURLPal LLC may suspend or terminate User's access to the Subscription Service immediately if User violates these Terms of Use.

Suspension of Subscription Service

PURLPal LLC may suspend User's access to the Subscription Service if:

• User fails to pay applicable fees when due
• User violates these Terms of Use
• User's use of the Subscription Service poses a security risk
• Required by law or court order

Effect of Termination

Upon termination, User's right to access and use the Subscription Service will cease immediately. User Data may be retained for a reasonable period to allow for data retrieval, after which it may be deleted.

6. Intellectual Property

Ownership

PURLPal LLC retains all right, title, and interest in and to the Subscription Service, including all intellectual property rights. User acknowledges that no ownership rights are transferred to User under these Terms of Use.

Feedback

Any feedback, suggestions, or ideas provided by User to PURLPal LLC regarding the Subscription Service may be used by PURLPal LLC without restriction or compensation to User.

7. Warranties & Disclaimer

User Representations and Warranties

User represents and warrants that:

• User has the legal capacity to enter into these Terms of Use
• User is properly licensed as a health insurance agent in applicable jurisdictions
• User's use of the Subscription Service will comply with all applicable laws
• All information provided by User is accurate and complete
• User has obtained all necessary consents for the processing of personal information

Disclaimer of Warranties

THE SUBSCRIPTION SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Customer Indemnification

User agrees to indemnify, defend, and hold harmless PURLPal LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to User's use of the Subscription Service, violation of these Terms of Use, or violation of any applicable laws or regulations.

9. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PURLPAL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF PURLPAL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PURLPAL LLC'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNT PAID BY USER TO PURLPAL LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10. General

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Entire Agreement

These Terms of Use constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior agreements and understandings.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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