We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such changes upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications. The Websites are intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Websites, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America. If you do not meet all of these requirements, you must not access or use the Website.
Copyright, Trademark and Service Mark Notices
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Websites (collectively “Content”) is owned or licensed by or to TruConnect. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without TruConnect’s prior written permission. Nothing on the Websites should be construed as granting any license or right to use any Content.
Additionally, you agree not to:
Disclaimers and Liability
THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRUCONNECT DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. TRUCONNECT DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS. TRUCONNECT DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER TRUCONNECT NOR ANYONE ASSOCIATED WITH TRUCONNECT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
You agree to indemnify, defend and hold harmless TruConnect and its officers, directors, managers, equity holders, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“TruConnect Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of TruConnect. The TruConnect Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Limitation on Damages
TRUCONNECT’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL TRUCONNECT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL TRUCONNECT’S TOTAL LIABILITY EXCEED U.S. $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.
Links to Third Party Websites
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that we are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
Errors and Delays
You agree that TruConnect is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Dispute Resolution, Governing Law, Waivers and Limitations
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE WEBSITES, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN BOSTON, MASSACHUSETTS; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY DISPUTE WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
You agree that no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.
Terms Applicable to All Services
We provide educational content and operate online marketplaces that enable consumers to comparison shop on TruConnect’s Websites for wireless products and services offered by Providers.
By submitting any Qualification Form containing your electronic signature through a TruConnect Website, and separately for each such request you submit, you are representing that all the information you provide on the Website is correct, current, and complete. You also are indicating that you desire to be contacted by Providers, and you are providing express written consent that TruConnect, and third parties on TruConnect’s behalf, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using TruConnect’s services.
You consent to receive email from TruConnect, its affiliates, and Providers at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.
You may opt out of receiving calls from TruConnect at any time by engaging in any of the following reasonable means: (1) emailing [email protected] to expressly state in writing that you no longer wish to be contacted by TruConnect and are revoking your consent to be contacted; (2) notifying a TruConnect customer service representative that you no longer wish to be contacted by TruConnect and are revoking your consent to be contacted; or (3) responding to any SMS, mobile, or text message you receive from TruConnect in accordance with the express written instructions of that particular messaging program. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that TruConnect is not responsible for a Provider’s failure to follow your or our instructions to stop contacting you.
TruConnect is not a wireless carrier or merchant. TruConnect is not an agent of either you or any Provider. Except as otherwise provided for in your state, TruConnect is not acting as your agent or as the agent of any Provider. TruConnect’s services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from TruConnect in deciding which available product, terms and Provider best suits your needs and financial situation.
Any Qualification Form you submit is not an application for credit. Rather, it is an inquiry to be matched with Providers that may be able to present conditional offers. The Provider is solely responsible for its services to you, and you agree that TruConnect shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or your interactions with any Provider. You understand that Providers may keep your Qualification Form information and any other information provided by TruConnect or received by them in the processing of your Qualification Form, whether you are qualified for a product with them or complete a formal application for services with them.
For any Service, by saving your information with TruConnect or submitting a Qualification Form, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.
In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with TruConnect in order to adhere to applicable laws. Providers and TruConnect may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for TruConnect and the selected Provider to share this information for these purposes.
To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, TruConnect and its Providers may obtain, verify and record information that identifies each person who opens an account with us and Providers. Your information may also be obtained from Providers after you are matched to adhere to state and federal reporting and record retention requirements. You authorize TruConnect and its participating Providers to share such information as required.
Services offered by Providers may only be made to residents of states where Providers are authorized to make such Offer. A Provider’s participation in and offering of its products on the Websites does not constitute an offer by any Provider or by TruConnect to provide services outside of their authorized jurisdictions, and to the extent you seek or receive information from a Provider regarding any prospective service which would be outside of the Providers’ authorized jurisdiction, that information is for informational purposes only. Providers shall have the right to discontinue, suspend or terminate the offering of any product or offer in any specific state through the Websites at any time, without prior notice.
We do not guarantee acceptance into any particular program or specific terms or conditions with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, we do not guarantee that the rates offered by Providers include the lowest rates available in the market or the rate that the Providers will ultimately charge. A Provider’s Offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Providers may be higher or lower depending on your complete credit profile or other factors. Providers may not offer all products as well as not offer products in all states. You might not be matched with the Provider making any specific offer.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service through TruConnect to each of the Providers to whom your submission is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) from TruConnect and its Providers.
Terms Applicable to Wireless Education Content
We provide content and tools on our Websites that allow you to enhance your wireless education and learn how certain decisions could impact your wireless experience and financial well-being. We provide these materials for informational, educational, and entertainment purposes only, and at no time are we providing legal, financial, investment, tax planning, or medical advice. You may see offers on these Websites from companies that compensate us. This compensation may impact the location and order in which these offers appear. Our Websites do not include the entire universe of available wireless offers.
Ratings & Reviews and User-Generated Content
On certain TruConnect Websites, you may submit user generated content. By submitting any content on these Websites or through any social media channel associated with TruConnect, you represent and warrant that:
You further agree and warrant that you shall not submit any content:
You agree to indemnify and hold TruConnect (and its officers, directors, managers, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, this Agreement, or your violation of any law or the rights of a third party.
For any content that you submit on the Websites, Facebook, Twitter or any similar TruConnect-affiliated social media property, you grant TruConnect a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting content or submitting your email address, you agree that TruConnect and its third-party service providers or the entity being reviewed may use your email address to contact you about the status of your review and other administrative purposes.
How We Are Compensated
TruConnect may be paid a marketing lead generation or referral fee by certain Providers for the goods, facilities and services provided. Your use of the Websites and/or TruConnect’s services constitutes your agreement with this compensation arrangement.
Additional Terms Applicable to Specific Services & Products
We offer Services that you can use to comparison shop for wireless services and products (including, but not limited to, phone products and phone plans).
When you complete a Qualification Form, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a wireless service or product through TruConnect which will match you to Providers to whom your request and personal information is transmitted. We may also try to find you matches for similar or alternative Services based on your request.
Terms Applicable to My Navi
By creating a My Navi account (whether directly or in conjunction with submitting a Qualification Form) or by registering with My Navi, you are providing express written instructions that we may use and analyze your information as follows: (a) to present you an overview of your wireless profile including detailed information where available; (b) to provide you with customized recommendations and general information about you; (c) to serve you targeted ads and other communications based on your information, (d) to identify Providers that may be able to provide valuable services to you; and (e) so that TruConnect may perform analysis and data modeling in order to offer customers better Services in the future. This information could include, but might not be limited to, details of your existing wireless service contract(s), and the details of your wireless device(s). For as long as you maintain a My Navi account, you are providing express written consent for us to maintain and share information provided by you, and about you by third parties, to assist with litigation, regulatory request(s), law enforcement requests, internal analytics, marketing purposes, and any other legally permissible purpose.
Generally, widgets are tools that you may place on your website, which allow visitors to your website to access and view content on or from another website. Widgets published by TruConnect(“Widgets”) provide access to the Websites, Content and Services from points outside of the Websites. Widgets may be placed on your websites, blogs, your pages at online social network or media sites (to the extent permitted by such sites), and other similar platforms. TruConnect prohibits the placement of Widgets on websites, platforms or devices that contain content that is sexual, offensive, deceptive or illegal in nature or that in any way promotes or encourages hatred, violence, discrimination or illegal activities, or otherwise inappropriate as determined by TruConnect in its sole discretion. You shall use the Widgets in a manner consistent with all applicable laws and solely for lawful purposes. You cannot use the Widgets for any other purpose, and nothing in this Agreement shall be deemed to grant you any rights, title or interest in the Widgets, Websites, Content or Services. TruConnect reserves the right to remove or demand the removal of any Widget, or revoke your right to use any Widget, for any reason.
By accessing and using any Widget (including copying any Widget html code), you agree to be bound by the following:
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