Terms and Conditions

Please read these Terms of Service (“Terms”) carefully before using the [Partner] All Apple Insurance Agency Resources (as defined below), applying to become an insurance agent for the All Apple Insurance Agency, or otherwise seeking affiliation with All Apple Insurance Agency. 

PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS OF LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.​

Use of Resources

​Your use of the All Apple Insurance Agency's website, customer relationship management software, agent portal, leads, or your receipt of any commissions or other compensation from any insurance carrier affiliated with All Apple Insurance Agency (collectively, “Resources”) is conditioned on your acknowledgement, agreement, and compliance with these Terms. These Terms apply to all insurance agents that sell or market any products through their affiliation with All Apple Insurance Agency or in connection with use of any of the Resources. 

By using the All Apple Insurance Agency's Resources, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must immediately notify All Apple Insurance Agency and discontinue your relationship with the Company. 

All Resources are provided “as is.” All Apple Insurance Agency makes no warranties, express, implied or otherwise, regarding the accuracy, completeness or performance of any Resource.

Outbound Communications and Compliance with Law

In connection with your activities pertaining to the marketing and sale of insurance products that involve the All Apple Insurance Agency in any way (including any use of the Company trademarks or any Resource), you agree that you will not: 

1. sell any leads purchased from the Company or with the Company’s assistance unless expressly authorized by the Company to engage in the sale of leads;
2. use (or engage others to use on your behalf), any automatic telephone dialing system, autodialer, spam text, prerecorded message, artificial voice calls, or telemarketing service; 
3. purchase or use leads that have been generated using any automatic telephone dialing system, autodialer, spam text, prerecorded message, artificial voice calls, or telemarketing service;
4. contact any lead without evidence of proper consent or, if no consent exists, without screening against the federal Do-Not-Call (“DNC”) Registry and any applicable state DNC list; 
5. contact any lead that requested to opt out of communications;
6. if involved in the sale or marketing of a Medicare Advantage, Medicare Part D or MAPDP product:

• use telephonic solicitation, including text messages, door-to-door solicitation, email solicitation without an opt-out function or approach potential enrollees in common areas; 
• call a prospective enrollee who has not given permission to the entity with which you are affiliated to be contacted by a plan or sales agent;
• use communications and marketing materials that are inaccurate, misleading, have not been approved by CMS or the applicable carrier if approval is required, or otherwise do not comply with the Medicare marketing guidelines;
• fail to obtain an appropriate Scope of Appointment prior to a one-on-one telephonic or in-person marketing appointment; or
• enroll a prospective enrollee into a Medicare Advantage plan on an outbound call; or   

​     7. Contact leads or use the Resources in any way that violates any federal or state law including, without limitation, marketing              laws, the Telephone Consumer Protection Act of 1991 (“TCPA”), the Telemarketing Sales Rule (“TSR”), CAN-SPAM Act, the                Health Insurance Portability and Accountability Act (“HIPAA”), the California Consumer Privacy Act (“CCPA”), or to the extent              applicable, Medicare laws, regulations and guidance.

Communication with Agent

As an agent, you authorize All Apple Insurance Agency to contact you in connection with the sale of insurance products. All Apple Insurance Agency may contact you by phone, email, text, voicemail, or other methods. You may opt out of communications by communicating to the Company your preference to opt out. ​

Independent Contractors

​Except for employee agents, the All Apple Insurance Agency’s agents are independent contractors of the Company and are not employees of the All Apple Insurance Agency. Non-employee agents have the right to determine the method, manner, and means by which they perform their services. Nothing herein shall be construed to create a partnership, joint venture, or an agency relationship between non-employee contractors and the Company.

Trademarks​

The All Apple Insurance Agency’s name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the All Apple Insurance Agency’s website are the trademarks of their respective owners.

Indemnification

​You agree to defend, indemnify, and hold harmless All Apple Insurance Agency, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Resources, including your violation of law.

Limitation on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY (OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RESOURCES, REGARDLESS OF LEGAL THEORY, AND EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE RESOURCES, SHALL AT ALL TIMES BE LIMITED TO THE GREATER OF $1,000 OR THE AMOUNTS PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE RESOURCES.

Agreement to Arbitrate

​Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Resources shall be settled by binding arbitration. You and All Apple Insurance Agency are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. The agreement to arbitrate shall survive any termination of these Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, in Dallas, Texas. The arbitrator will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable.

Waiver and Severability

The failure of All Apple Insurance Agency to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

SMS Terms & Conditions

All Apple Insurance Agency ​respects your privacy. By opting into our SMS messaging service, you agree to the following terms regarding how we handle your data:

• Data Collection: We will collect your name, email address, mailing address, and mobile phone number when you sign up for SMS updates. The information will be collected via the website contact form, email, rental agreement, or third-party reservation systems.
• Data Usage: We use your data solely for sending updates, appointment or delivery notifications, and reminders related to our products or services. 
• Data Security: We protect your data with secure storage measures to prevent unauthorized access.
• Data Retention: We retain your information as long as you are subscribed to our SMS service. You may request deletion at any time.
• MESSAGE AND DATA RATES MAY APPLY. Your mobile carrier may charge fees for sending or receiving text messages, especially if you do not have an unlimited texting or data plan.
• Messages are recurring, and message frequency varies.
• Contact All Apple Insurance Agency at (507) 285-5760 or [email protected] for HELP or to STOP receiving messages.
• Opt-Out: You can opt out of the SMS list at any time by texting, emailing, or replying STOP or CANCEL to [email protected] or (507) 285-5760. After unsubscribing, you will receive a final SMS to confirm you have unsubscribed and we will remove your number from our list within 24 hours.
• You can send HELP for additional assistance, and you will receive a text including our Phone number, email and website. We are here to help you.
• Non-Sharing Clause: We do not share your data with third parties for marketing purposes. All Apple Insurance Agency will not sell, rent, share or transfer the collected mobile numbers
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For further questions or concerns, you may contact us at [email protected]


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