Harbor Life and Health LLC

The terms and conditions (“terms”) herein are a legal, binding agreement between Harbor Life and Health LLC and you, receiving the services from us or via our site (“Agent” or “you”). Your acceptance of the terms here is required for your use of the site and any of our services, and to our provision of services to you. By clicking “Accept”, which represents your electronic signature on the terms, you accept these terms. You accept that your interaction with the website and each request you make for our services is subject to the terms here. If you disagree with any of the terms here, don’t use our services.

SMS/Voice/Email Pricing

Your wallet will be charged about $27 when you start using the pre-built text, email, and voicemail sequences. You will also be charged nominally for any voice calls you make.

All Tiers:

Texts - $0.015/sms segment

Voice - Outgoing $0.026/min

Emails - $.003 per email OR $3 per 1000 emails sent

Phone numbers purchased through Twilio.com:

You are also charged about $3 per month per phone number you have inside of Agent Autopilot system. a2p 10dlc registrations fees are also paid by you. These amount to about $4 for one-time brand registration and $15 one-time fee for campaign registration. You will also pay $2 for recurring monthly campaign registration fees. These amounts are subject to change according to Twilio.com policies.

Phone numbers purchased through Lead Connector:

You are also charged abut $2 a month for toll free numbers and about $1 a month for local numbers. a2p 10dlc registration fees are also paid by you. These amount to $4.41 one-time brand registration fee and $16.54 one-time campaign verification fee. The monthly recurring campaign fee is $2.21.

Service Usage

It is solely your responsibility to know about all laws, rules, and regulations applicable to the access, use, storage and security of data identifying consumers that we offer to you, and to act in line with them. You agree that you’ll maintain commercially reasonable physical, electronic and procedural controls, care and protection to protect any such consumer information received under the terms herein from any unauthorized use or disclosure, including the maintenance of proper security to limit access to the consumer data solely to carry out the purposes for which such information was disclosed.

While we have access to your data, we will not attempt to alter it without your knowledge. You do grant us access to make sure your system is operating properly, messages are being sent out, and other auditing services. We will spot check accounts to make sure everything works correctly and no errors have occurred.

Courses

Only one agent will have access to the course per purchase, obviously :). We will track logins based on IP address. We understand that you may access the course from multiple devices or locations, but excessive logins from multiple locations will trigger an audit and if it is determined that access is being shared with other agents, the purchasing agent will be charged.

Ads Management

If you have paid for our Ads Managment services you agree that we will have access to your Facebook Ads account. Ads Management is a joint venture between Harbor Life and Health LLC and you. You agree that you will connect your ad account in Leadsie, that your payment is current and working, and you will respond to requests and questions about your account. You will receive weekly performance notifications when your ad is running. You are ultimately responsible for the Facebook Ad spend. We will try to accommodate turning ads on and off per requests, but you must also check.

Express Written Consent

You will get express written consent to send out emails, sms, voicemails, dials and any other form of communication before using Harbor Life and Health LLC's services. You will in no way cold email, cold text, cold call, cold voicemail drop any contacts. Everyone you reach out to must be either a recent opted in client or lead that has requested your services AND given you express written consent and you have offered a double opt in.

Dialing Times & Time Zones

It is your responsibility to make sure not to dial outside of TCPA sanctioned hours. Check with the states in which you dial. Non-compliance or outside of hour dialing, whether automated or manual is the user's responsibility. Make sure your time zone in the system is correct before use.

Make sure any campaigns you use are set to send out after the time you want. If you do not know how to change your campaigns, please reach out to Harbor Life and Health LLC

at vip@agentautopilot.com so that we can assist you. But even with our assistance and Virtual Assistants helping set up your system, it is still your responsibility to stay compliant.

You indemnify Harbor Life and Health LLC from any TCPA violations that result from outside hour calls.

Non-Circumvention of Employees and Contractors

You cannot reach out or try to hire any of our employees, VAs, sub-contractors for personal use at any time during or after your stay with Harbor Life and Health LLC.

Warranties & Disclaimer

As an Agent, you warrant and represent that:

-the use of the leads and any interactions with and information provided to consumers will be in compliance with all applicable federal, state and local laws, statutes, rules and regulations, governing the marketing, sales, and/or promotion of goods and/or services, including with no limitation to the general consumer protection laws and regulations, or any other consumer protection laws that hinder unfair or misleading acts or practices;

- you will correctly upload your leads based on the age so that no lead will be called or texted through our technology past the 90 day cutoff period.

-without restraining the foregoing, you’ll make no calls to any person on any federal or state national Do-Not-Call (DNC) registry in the exception of an exemption;

-you’ll use no lead information for the purpose of determining a person’s eligibility for employment, credit or otherwise in any manner that violates the Fair Credit Reporting Act;

-you’ve disclosed the existence of any federal or state decrees, orders, or consent agreements, as well as any pending informal or formal government investigations. Also, you warrant that if you’re involved or named in any kind of action, complaint, investigation or any other proceeding by or before any governmental or regulatory agency, or any private party, you’ll provide immediate notice to Calendar Leads of any such action, complaint, investigation or any other proceeding; and

-you’ll make sure that your agents, employees, as well as contractors, comply with all the above.

-you agree that you will not chargeback any credit card charges as you understand all goods are purchased by Harbor Life and Health LLC immediately after your charge goes through. If you would like to stop any recurring charges, please go to https://cancel.agentautopilot.tech

. If recurring payment does not go through, we will seek to contact you to fix the issue, but if it is not resolved, we will have to turn off your access to Harbor Life and Health LLC

until payment has been made. We will try to keep your stored data, but after failed payment we cannot make any promises. Any chargebacks for any ACA related products will cause enrollment forfeits.

The recurring charges are automatic. The system will attempt to charge your card on the scheduled day. If your charge does not go through, the system will periodically try to re-charge your card to get your payment caught up.

If you cancel or your recurring charge does not go through, you will have 48 hours to retrieve any data and then your services will be turned off.

-you agree and understand that there will be no refunds after you have been charged.

If you cancel, you will lose access to all Harbor Life and Health LLC assets, including any support or training resources, such as consulting, Facebook groups, Zoom training calls etc.

Any libel, slander, or public or private disparagement will also lead to removal from support/training infrastructure and systems.

Agent Autopilot is a technology and marketing company and is not your upline, but we will attempt to help you navigate regulations and compliance, but unfortunately CMS and other entities make all of this very confusing.

It is the agent’s responsibility to check with their manager, IMO, CMS, upline, insurance carriers etc. to determine compliance to the sale of insurance products while utilizing digital marketing techniques and enrollments.

Any leads services and the site are provided “as is”, “where is”. Neither party makes any sort of warranties to the other. Also, all statutory, implied or other warranties are disclaimed to the highest extent permitted by law, including with no limitation to any warranties of merchantability, fitness for a purpose, non-infringement, compliance with relevant laws, title, or while dealing or trading. We don’t guarantee in any way that any information provided by the consumer will be correct or complete, or that the results will be realized from the leads, including any customer conversion rates.

You understand that leads and contact information gathered has not been screened or validated by us, and aren’t guaranteed to be accurate or error-free and all risks of condition, design, use, fitness, or quality are completely yours.

Changes

Agent Autopilot, Harbor Life & Health, Entourage Financial Group and Calendar Leads retains the right, based on sole discretion, to modify any part of this Agreement. It is totally your responsible to check this Agreement periodically for changes. Your continued usage of the site following the posting of any changes to this Agreement suggests an acceptance of those changes. Also, Calendar Leads may, in the future, provide new services and/or features via the site (including, the release of new tools as well as resources). Any new features or/and services shall be subject to the Terms of this Agreement.

Payment Plans

If you purchase any courses or software products on a payment plan, you are required to complete all payments. If you do not make those payments, your access to any products and courses will be discontinued as we attempt to use any methods necessary (including debt collection) to collect payments. While you agree to never dispute charges, if you do, we will also remove access to any products or services while the dispute is still active.

Non-Shareable/Non-Transferable

You may not share or transfer your Agent Autopilot account to another user. Every insurance agent must have their own Autopilot account. You may add additional users, such as Virtual Assistants and Appointment Setters, but not additional agents.

Termination

Agent Autopilot, EFG, Harbor Life and Health, Calendar Leads or it's associates may terminate your access to all or any part of the site at any time, with or without cause, with or without notice. If you decide to terminate this Agreement or your account, you may simply discontinue using the site. Harbor Life and Health LLC can cease the site at any time as part of a general shut down of our service.

Disclaimer of Warranties

The site is provided ‘as is’. Harbor Life and Health LLC and its suppliers, licensors and affiliate companies hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Harbor Life and Health LLC or Calendar Leads nor its suppliers and licensors make any warranty that the site will be error-free or that access to it will be continuous or uninterrupted. You acknowledge that you download from, or otherwise acquire content or services via, the site at your own discretion and risk.

Testimonials

Thank you for any testimonials. We appreciate you giving those to us. If you submit any testimonials by text or video, you give us permission to use those in any advertising, whether by email, social media posts, ads etc.

Portfolio Rights:

Vendor retains the nonexclusive, perpetual right to display, reproduce and distribute designs and testimonials in Vendor's portfolio and website, and third party trade publications, awards or exhibits solely for the purpose of promoting or exemplifying Vendor's work, and the right to be credited with copyright ownership and authorship of the designs and results in connection with such use.

Limitation of Liability

In no event will Agent Autopilot, Entourage Financial Group, Final Expense Entourage, Crossland Senior Services, Harbor Life and Health LLC, Joshua Jones, Brandon Smotherman, their downline agents, Calendar Leads, aged leads, or its licensors or suppliers, be liable regarding any subject matter of this agreement under any contract, tort, negligence, liability or other legal or equitable theory for: (i) any incidental, special, or consequential damages; (ii) the cost of acquisition or substitute products or/and services; (iii) for the interruption of usage or loss or the corruption of data; deletion of accounts for breaking terms or cancelation and subsequent data loss after account deletion or (iv) for any amounts that raise the fees paid by you to Calendar Leads b under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Calendar Leads, Entourage financial Group and Harbor Life and Health shall have no form of liability for any failure or delay owing to matters beyond its reasonable control. The foregoing may not apply to the extent prohibited by relevant law.

If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.

It is your responsibility to know and follow any and all laws, procedures for the sale of insurance. Harbor Life and Health LLC

or it's affiliates may give you their best understanding of how to follow regulations, but you must always know the laws yourself and check with your IMO/FMO/Upline.

The parties hereby submit the following dispute to mediation administered by the American Arbitration Association under its Commercial Mediation Procedures [the clause may also provide for the qualifications of the mediator(s), the method for allocating fees and expenses, the locale of meetings, time limits, or any other item of concern to the parties].

General Representation and Warranty

Each user represents and warrants that (i) your use of the site will be in strict accordance with the Agent Autopilot, Entourage Financial Group, Harbor Life and Health, and Calendar Leads Privacy Statement, with this Agreement as well as with all relevant laws and regulations (including any local laws or regulations in your country, state, city, or other governmental area, as regards online conduct and acceptable content, and including all relevant laws as regards the transmission of technical data exported from the U.S. or the country in which you dwell) and (ii) your usage of the site won’t infringe on the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Agent Autopilot, Harbor Life and Health LLC, Calendar Leads, Entourage Financial Group, Joshua Jones, Brandon Smotherman, Crossland Senior Services, its contractors, and its licensors, as well as their respective directors, employees, agents and officers from and against any claims and expenses, including attorneys’ fees, resulting from your usage of the site, including from your violation this Agreement.

You personally agree to abide by all state and federal laws pertaining to contracting, licensing, solicitation, Can-Spam Act, the federal and state Do Not Call lists, any CMS requirements and anything TCPA related.

Arbitration Clause

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration chosen by Joshua Jones and paid for by you. The place of arbitration shall be Indianapolis, IN. Indiana law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in Indiana.

Miscellaneous & NDA

This Agreement constitutes the entire agreement between Harbor Life and Health LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Harbor Life and Health LLC.

The dominant party in any action or proceeding to implement this Agreement shall be entitled to any costs as well as attorneys’ fees. If any area of this Agreement is deemed to be invalid or unenforceable, that area will be interpreted to reproduce the parties’ original intent, and the remaining areas will remain in full force and effect. Any waiver by any party of any term of this Agreement or any violation thereof, in any one instance, will not waive such term or any subsequent violation thereof. You may assign your rights within this Agreement to any party that consents to be bound by, its terms; Calendar Leads may assign its rights within this Agreement without any condition. This Agreement will remain binding upon and will inure to the advantage of the parties, their successors as well as acceptable assigns.

You may not share Agent Autopilot assets, ads, creatives, landing pages, surveys, zoom screen shares, recordings etc, without express written consent from Agent Autopilot.

Recipient understands and agrees that any use or dissemination of confidential information is violation of this agreement and will cause irreparable harm, and that monetary damages may not be sufficient. Breach of this agreement shall allow us any remedies available at law or equity.

Any unauthorized use of information .i.e. any and all texts, files, media, and signatures, or any action taken or omitted to be taken, is strictly FORBIDDEN and UNLAWFUL and constitutes theft, violation of privacy and property. All Rights Reserved under; the Constitution for the United States of America; Statues at Large Vol. 8, pages 100-105, 1836-37, Statues at Large Vol. 8, pages 484-487.

Whatever is authored by Me is copy protected and remains as My property. Access, disclosure, distribution, copying of and or copying by any means by any device or retrieval systems is prohibited without the explicit written permission of the author. Reliance on any of it by anyone without doing further research, proving, having proof, or verifying is prohibited. Violations, infringements, and or offences may result in civil and or criminal actions, and or tried by common law an arbitrated by whom I choose in the state of Indiana. This agreement will be governed by the laws of Indiana.

All information, systems, setups, triggers, campaigns, ad copy, websites, landing pages, processes are confidential and you agree to not attempt to replicate or reproduce our work. This agreement is between you and anyone else you give access to your Autopilot account.

If required to share this information with any government agency or via the courts, you may with written approval.

Check back here from time to time to see if there are any changes.