Terms and Conditions

Failure by PRODIGY INSURANCE ASSOCIATES LLC, to enforce any term or condition in these Terms does not waive that term or condition or any others.

If any provision of these Terms is held invalid, illegal, or unenforceable for any reason, that provision shall be limited to the minimum extent necessary. All remaining provisions of these Terms will remain in full force and effect.

These Terms and our Privacy Policy constitute the entire agreement between you and Failure by Failure by PRODIGY INSURANCE ASSOCIATES LLC to enforce any term or condition in these Terms does not waive that term or condition or any others.

These Terms and our Privacy Policy constitute the entire agreement between you and Failure by PRODIGY INSURANCE ASSOCIATES LLC to enforce any term or condition in these Terms does not waive that term or condition or any others.

These Terms and our Privacy Policy constitute the entire agreement between you and PRODIGY INSURANCE ASSOCIATES LLC regarding the Service, superseding all prior understandings, written or oral, regarding the Service. When you purchase products or participate in promotions, additional terms and conditions may apply.

By accessing the Service, you agree that U.S. and Florida law, without regard to conflicts of law principles, will apply to these Terms and all matters related to the Service.

Except for small claims actions, any disputes related to the Service or these Terms must be filed within one year after they arise, regardless of any contrary statute or law.

We may provide information about your account and the Service in electronic form only. You agree that such electronic notices and communications satisfy all legal requirements, including those mandating written communication.

regarding the Service, superseding all prior understandings, written or oral, regarding the Service. When you purchase products or participate in promotions, additional terms and conditions may apply.

By accessing the Service, you agree that U.S. and Florida law, without regard to conflicts of law principles, will apply to these Terms and all matters related to the Service.

Except for small claims actions, any disputes related to the Service or these Terms must be filed within one year after they arise, regardless of any contrary statute or law.

By accessing the Service, you agree that U.S. and Florida law, without regard to conflicts of law principles, will apply to these Terms and all matters related to the Service.

Except for small claims actions, any disputes related to the Service or these Terms must be filed within one year after they arise, regardless of any contrary statute or law.

to enforce any term or condition in these Terms does not waive that term or condition or any others.

By accessing the Service, you agree that U.S. and Florida law, without regard to conflicts of law principles, will apply to these Terms and all matters related to the Service.

Except for small claims actions, any disputes related to the Service or these Terms must be filed within one year after they arise, regardless of any contrary statute or law.

By accessing the Service, you agree that U.S. and Florida law, without regard to conflicts of law principles, will apply to these Terms and all matters related to the Service.

Except for small claims actions, any disputes related to the Service or these Terms must be filed within one year after they arise, regardless of any contrary statute or law.

offers the Service, which includes information, tools, services, goods, and products, contingent upon your acceptance of all terms, conditions, policies, and notices outlined herein or incorporated by reference. Please carefully review these Terms before using our Service, making transactions, orders, or purchases. By initiating any transaction, order, or purchase or by using our Service in any way, you acknowledge, accept, and consent to be bound by these Terms. You also acknowledge, agree, and consent to our Privacy Policy, which is integrated herein by reference. If you disagree with these Terms or our Privacy Policy, accessing the Service is strictly prohibited, and you must exit immediately.

By using the Service, you affirm that you are at least of legal age of majority in your jurisdiction or, if not, that you have secured parental or guardian consent. The Service is exclusively available to users who are at least eighteen (18) years old or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

We reserve the right to modify these Terms at any time, solely at our discretion. Any alterations to the Terms become effective immediately upon posting, and you agree to abide by the updated Terms by continuing to use the Service. You are responsible for periodically checking for any changes we may make to these Terms.

THESE TERMS HAVE SIGNIFICANT LEGAL IMPLICATIONS REGARDING YOUR RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS. THEY GOVERN YOUR USAGE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT PRODIGY’S LIABILITY TO YOU, AND MANDATE THAT YOU INDEMNIFY PRODIGY NORTH HEALTH AGENCY LLC. YOU ALSO AGREE TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE CONFIRMS YOUR ACCEPTANCE OF THESE TERMS. IF YOU DISAGREE WITH THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS, PLEASE DO NOT UTILIZE OUR SERVICE.

These Terms are composed in English. The accuracy of translated versions of these Terms is not guaranteed. In case of conflicts between translated versions and the English language version, the English language version of these Terms takes precedence.These "Terms of Use" ("Terms") govern your access to and usage of various digital platforms, including websites, mobile sites or apps, social media sites, software, applications, email exchanges of information, and other digital services. These encompass services, features, pages, and functions, including transactions, orders, sales, purchases, or acquiring goods or services (collectively referred to as the "Service"). The Service is owned, operated, or provided by Prodigy North Health Agency LLC, its subsidiaries, divisions, and affiliates, collectively referred to as "Prodigy," "we," "our," or "us."

Accuracy of Information and Reliance on Information Posted

The Service's primary purpose is to serve as a resource for consumers making decisions related to health insurance and healthcare. We provide search, comparison, and other tools to assist consumers in making informed healthcare expenditure choices. Some users may seek our guidance in purchasing health insurance or healthcare products or services or identifying insurance providers that meet their needs. To address these queries, we collect information from a variety of sources, including government, nonprofit, and commercial resources.

The information presented on or through the Service is provided solely for general informational purposes and is not intended as a substitute for professional or financial advice. Despite our efforts to maintain complete, accurate, and up-to-date information, the Service may occasionally contain inaccuracies, omissions, or outdated information. Consequently, the Service may include historical information, which is not current and is provided for reference purposes only.

Therefore, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on the Service. You should not rely solely on such information to make decisions or take actions without consulting more accurate, complete, or timely sources. Any reliance on the materials on the Service is at your own risk. We reserve the right to modify the contents of the Service at any time, but we are not obligated to update any information. You are responsible for monitoring changes to our Service and assessing the accuracy, completeness, or usefulness of the available content. Always seek advice from qualified professionals for your questions, and do not delay seeking professional advice due to information on the Service.

While Prodigy North Health Agency LLC provides the opportunity to obtain insurance quotations from insurance agents, carriers, lead aggregators, and other service providers in our network (collectively referred to as "Network Partners"), please note that Prodigy is not an insurer or insurance carrier. We do not offer insurance contracts or bind coverage, and we do not endorse or recommend specific insurance companies or policies. We may facilitate your requests for information on products and services offered by Network Partners ("Requests"). When you provide the necessary information on our forms, we attempt to match you with Network Partners who can assist you in obtaining the desired product or service.

We disclaim all liability for reliance on materials or information by you or any other visitor to our Service, or by anyone informed of the contents. Our Service may include content provided by third parties, and opinions expressed in such materials do not necessarily reflect Prodigy’s opinions. We are not responsible for the content or accuracy of materials provided by third parties.

Requests

By submitting a Request, you agree to allow us to share the information you provide with our Network Partners. If Network Partners wish to provide information related to your Request, they may contact you regarding their offerings and pricing. We may request Network Partners to contact you through your preferred communication medium, but they may also use other appropriate means to reach you. While we strive to work with reputable and professional Network Partners who can meet our users' needs, we strongly recommend that you perform your own due diligence and research each potential Network Partner prior to selecting or entering into any agreement or arrangement with any particular Network Partner.

Once we refer your Request to a Network Partner, you acknowledge and agree that we have no further involvement in, or responsibility for, any transactions that occur between you and such Network Partner. We are not responsible or liable for any expenses, losses, or damages (financial or otherwise) incurred in any such transactions or as a result of any Network Partner's acts or omissions, including, without limitation, with respect to any quotes or services that any such Network Partner may provide, for such Network Partner's contact or delay or failure to contact you, for such Network Partner's performance or failure to perform, or for any agreement or transaction between you and any such Network Partner. We cannot and do not guarantee that Network Partners will provide information for every Request received or that Network Partners who do respond to your Request can meet your requirements. We reserve the right to reject any Request and elect not to forward a Request to participating Network Partners at our sole and absolute discretion.

Accessing the Service

We retain the right to withdraw or modify our Service at our sole discretion without prior notice. We shall not be held liable if, for any reason, all or a portion of the Service becomes unavailable at any time or for any duration. Periodically, we may limit access to specific sections of the Service or the entire Service to certain users.

To gain access to the Service, you may be requested to furnish personal information about yourself. It is a condition of your Service use that all information you provide through the Service is accurate, current, and complete. You acknowledge that all information you provide to access or use this Service, including, but not limited to, using interactive features or webforms on the Service, is subject to our Privacy Policy. You consent to all actions we take concerning your information in line with our Privacy Policy. Furthermore, you confirm that the information you provide accurately represents your identity.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USAGE OF THE SERVICE BY ANYONE USING YOUR IDENTIFICATION, WHETHER OR NOT SUCH ACCESS TO AND USAGE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU. THIS INCLUDES ALL COMMUNICATIONS, TRANSMISSIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USAGE.

Intellectual Property Rights and Ownership of Service

The Service and its complete contents, features, and functionality, encompassing all information, copyrights, patents, trademarks, service marks, trade names, logos, text, design, graphics, displays, video, icons, images, audio, downloads, interfaces, code, and software, as well as the arrangement thereof, and all other forms of intellectual property (collectively referred to as the "Content"), are proprietary and under the ownership or control of Prodigy, its licensors, or other providers of such material. These elements are safeguarded by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the maximum extent possible.

These Terms grant you permission to use the Service and Content for personal, non-commercial purposes exclusively. You are granted a limited, revocable, nontransferable license to temporarily download one copy of the Content for personal, non-commercial viewing purposes only. This license does not constitute a transfer of title, rights, or interests in the Service or Content. It does not grant you the right to copy, modify, utilize the Content for commercial purposes, publicly display the Content, attempt to decompile or reverse engineer the Content, remove any copyright, trademark, or other proprietary notations from the Content, or infringe upon the intellectual property rights of PRODIGY INSURANCE ASSOCIATES LLC or its licensors. This license will automatically terminate if you violate any of these restrictions or any provision of the Terms. PRODIGY INSURANCE ASSOCIATES LLC may terminate this license at any time, for any reason or no reason. Upon license termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format. No assignments or licenses of intellectual property are granted by Prodigy, except as expressly provided in these Terms.

PRODIGY INSURANCE ASSOCIATES LLC holds and employs several trademarks on the Service, including all associated names, logos, product and service names, designs, and slogans. You must not use these marks without prior written permission from Prodigy. All other names, logos, product and service names, designs, and slogans on the Service belong to their respective owners.

Linking to Our Service

Creating or maintaining any links to any page or section of the Service, or reproducing or displaying this Service or any Content in any format without prior written permission from Prodigy, is strictly prohibited. Any authorized links to this Service must comply with all applicable laws, rules, and regulations.

If you are granted permission to link to this Service, you must do so in a fair and lawful manner, adhering to our Terms. Your actions must not harm our reputation, exploit it, or suggest any form of association, approval, or endorsement on our part. The website from which you link or where you make specific content accessible must fully comply with the Content Standards outlined in these Terms.

You agree to cooperate with us to promptly cease any unauthorized display or linking of our Service or Content. We reserve the right to withdraw permission without notice, and we may deactivate all or specific social media features and links at our discretion, without notice.

Linked Sites

The Service may include links to other third-party websites ("Linked Sites"). PRODIGY INSURANCE ASSOCIATES LLC has not comprehensively reviewed the information on these Linked Sites, does not manage them, and cannot control the completeness, accuracy, or security of their content. The content of any Linked Site, including materials and information found on them, is solely the responsibility of the respective Linked Site provider. PRODIGY INSURANCE ASSOCIATES LLC does not take responsibility for the content of Linked Sites, and linking to a Linked Site does not imply an endorsement by PRODIGY INSURANCE ASSOCIATES LLC of that Linked Site. Views and opinions expressed on Linked Sites belong to the authors or third parties and do not necessarily reflect Prodigy’s official policy or stance. If you choose to access a Linked Site, you do so entirely at your own risk. References to any names, marks, products, or services of third parties, third-party information, or Linked Sites are provided solely for your convenience and do not constitute or imply an endorsement, sponsorship, recommendation, or affiliation with the third party or its products and services. PRODIGY INSURANCE ASSOCIATES LLC makes no representations or warranties regarding Linked Site content, products, or services. You agree that PRODIGY INSURANCE ASSOCIATES LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL LOSS OR OTHER DAMAGE, ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, COPYRIGHT INFRINGEMENT, OR OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATIONS CAUSED BY THE DISPLAY, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

Prohibited Uses

You may only use the Service for lawful purposes and in compliance with these Terms.

You agree not to use the Service: In any manner that violates applicable federal, state, local, or international laws or regulations, including those concerning the export of data or software to and from the United States or other countries.
To exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content, requesting personally identifiable information, or engaging in any harmful actions.
To transmit, knowingly receive, upload, download, use, or re-use any material that does not adhere to the Content Standards outlined in these Terms.
To send or facilitate the sending of any advertising or promotional materials without our prior written consent, including "junk mail," "chain letters," "spam," or similar solicitations.
To impersonate, or attempt to impersonate, Prodigy, an employee of PRODIGY INSURANCE ASSOCIATES LLC, another user, or any other individual or entity, including the use of email addresses or screen names associated with any of the aforementioned.
To engage in any conduct that hinders or restricts anyone's use or enjoyment of the Service or which, as determined by us, could harm PRODIGY INSURANCE ASSOCIATES LLC or Service users, or subject them to liability.

Additionally you agree not to:

Use the Service in a manner that could disable, overburden, damage, or impair the site or interfere with the use of the Service by others, including their ability to engage in real-time activities.
Employ any automated device, process, or means such as robots or spiders to access the Service for any purpose, including monitoring or copying Service material.
Utilize manual processes to monitor or copy Service material, or for any purpose not explicitly authorized in these Terms without our prior written consent.
Use any device, software, or routine that interferes with the proper operation of the Service.
Introduce any malicious or technologically harmful elements, such as viruses, Trojan horses, worms, logic bombs, or other harmful materials.
Attempt unauthorized access to, interfere with, damage, or disrupt any part of the Service, the server where the Service is stored, or any connected server, computer, or database.
Launch an attack on the Service through a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper functioning of the Service.

User Content

The Service may include interactive features that enable users to post, submit, publish, display, or transmit content or materials (collectively, "User Content") to PRODIGY INSURANCE ASSOCIATES LLC, other users, or third parties via the Service. Except for personally identifiable information, which is subject to our Privacy Policy, all User Content, including but not limited to creative materials, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post on this Service, is non-confidential and non-proprietary. All User Content must adhere to the Content Standards as outlined in these Terms.

Posting and transmitting your User Content to others through the Service is done at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Content. We may retain all User Content indefinitely, even after you terminate your account. By submitting any User Content, you grant PRODIGY INSURANCE ASSOCIATES LLC a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including creating derivative works, without any compensation or notice to you. By providing User Content on the Service, you grant us, our affiliates, and service providers, as well as each of their respective licensees, successors, and assigns, the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose such material to third parties for any purpose. PRODIGY INSURANCE ASSOCIATES LLC assumes no liability related to any User Content.

You further represent and warrant that:

You own or control all rights to the User Content and have the authority to grant the license mentioned above to us, our affiliates, service providers, and their respective licensees, successors, and assigns.
All your User Content complies and will comply with these Terms.
You acknowledge and understand that you are responsible for all User Content you submit or contribute, and you bear full responsibility for its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other Service user.

We may, but are not obligated to, monitor, edit, or remove content that, in our sole discretion, violates these Terms, including the Content Standards, or that we consider unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or infringing on any party's intellectual property or rights. We have the right to:

Remove or reject any User Content for any reason or without reason at our sole discretion.
Take any necessary action concerning any User Content that we deem necessary or appropriate, including if we believe such User Content violates these Terms, infringes any intellectual property or other rights, poses a threat to the safety of Service users or the public, or may result in liability for PRODIGY INSURANCE ASSOCIATES LLC.
Disclose your identity or other information to any third party asserting that material posted by you violates their rights, including intellectual property rights or privacy rights.
Take legal action, including referral to law enforcement, for any unlawful or unauthorized Service use.

Without limiting the above, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Service. YOU WAIVE AND HOLD HARMLESS PRODIGY NORTH HEALTH AGENCY LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN BY ANY OF THESE PARTIES DURING, OR AS A RESULT OF, INVESTIGATIONS BY THEM OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted on the Service, and we cannot guarantee the prompt removal of objectionable material once it has been posted. Consequently, we are not liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We bear no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

The Content Standards apply to all User Content and Service use. User Content must fully comply with all applicable federal, state, local, and international laws and regulations. User Content must not, among other things:

Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe upon the patent, trademark, trade secret, copyright, or other intellectual property or rights of any other person.
Violate the legal rights, including rights of publicity and privacy, of others, or contain material that could lead to civil or criminal liability under applicable laws or regulations or conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.Promote illegal activities, advocate, promote, or assist any unlawful acts.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any person.
Impersonate any person, misrepresent your identity, or falsely claim an affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, sales promotions, barter, or advertising.
Create the impression that they originate from or are endorsed by us or any other person or entity when this is not the case.
Be posted using a false email address, while pretending to be someone else, or under any circumstances that could mislead us or third parties regarding the origin of User Content.

SMS/MMS Mobile Messaging Program

PRODIGY INSURANCE ASSOCIATES LLC offers a mobile messaging program called the "Program" as part of its services. By participating in this Program, you agree to these Terms and consent to receive marketing text messages from us, our affiliates, Network Partners, and their agents (collectively referred to as "Contacts"). These messages may be sent directly, through the Service, or through third-party providers like platform providers, phone companies, and other vendors or service providers that assist us and our Contacts in making phone calls and delivering text messages. It's important to note that participating in the Program is optional and not a requirement for purchasing any goods or services.

To join the Program, you'll need to opt in voluntarily, typically through online or application-based enrollment forms. These messages may include marketing content as well as service-related updates, alerts, and other information about the Service. The frequency of messaging may vary. To participate, you must have a wireless device capable of two-way messaging, use a participating wireless carrier, and be a subscriber with text messaging service. Not all mobile service providers offer the necessary service for participation, so check with your provider for details on text messaging capabilities and costs.

Please be aware that you agree to these Terms when joining the Program, granting us permission to send autodialed or prerecorded marketing mobile messages to the phone number you provided during opt-in. It's important to note that this does not imply that all of our mobile messages are sent using an automatic telephone dialing system (ATDS or autodialer). Message and data rates may apply. Review your mobile service carrier's pricing plan to understand data and messaging charges. We are not responsible for any messaging or wireless charges incurred by you or anyone with access to your wireless device or phone number.

Data collected from you during the Program may include your cell phone number, provider's name, and the date, time, and content of your text messages. We will handle this information in accordance with our Privacy Policy for contacting you and providing requested services.

Opting Out of SMS/MMS Mobile Messaging

If you wish to discontinue your participation in the Program, simply reply with "STOP" to any mobile message from PRODIGY INSURANCE ASSOCIATES LLC. You may receive an additional message confirming your opt-out choice. Please be aware that this is the only reasonable method to opt out. Other methods, such as texting different keywords or verbally requesting removal from our list, are not considered reasonable means of opting out.

It's important to note that even if you opt out of marketing messages, you may still receive service-related messages. The Program may include recurring messages, and additional messages might be sent based on your interactions with us. For support regarding the Program, text "HELP" to the number from which you received messages or email us at info@phnins.com. Opt-out requests should follow the procedures described above.

MMS Disclosure

The Program may send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Disclaimers and Limitation of Liability

Your use of the Service is at your own risk. The Service, along with all services, information, goods, and materials available or acquired through it, is provided "as is" without any express representations or warranties of any kind. We disclaim all statutory or implied representations, warranties, terms, and conditions regarding the Service and all related services, information, goods, and materials. These disclaimers include warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and title, among others.

We do not represent or warrant that the Service, or any part of it, will be accurate, complete, or free of errors. Furthermore, we do not guarantee that specific software or hardware will be compatible with the Service. You are solely responsible for obtaining and paying for any necessary software, hardware, and services (including internet connectivity) required to access and use the Service. The materials on the Service may become outdated, and we have no obligation to update them. We also make no warranty that the Service will be available without interruptions, free of viruses, or free from other harmful components.

In no event will Prodigy, its members, employees, affiliates, agents, successors, assigns, retail partners, or any party involved in creating, producing, or transmitting the Service be liable for indirect, incidental, consequential, special, exemplary, or punitive damages of any kind. This includes damages for loss of profits, loss of use, loss of data, loss of other intangibles, business interruption, loss of security of information, or unauthorized interception of such information by third parties, even if you were informed of such damages or losses in advance. Additionally, we will not be liable for damages resulting from your use of, or inability to use, the Service, any information or materials on the Service, any linked sites, or materials, information, or services offered at any linked sites.

If you encounter any issues with the Service or any content, your sole remedy is to cease using the Service. If you encounter problems or dissatisfaction with a product purchased through the Service, your sole remedy is to follow the return policy posted on the Service for that product. Our maximum liability for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, will be limited to the total amount you paid to access and use the Service.

It's possible that certain applicable laws may not allow for limitations on implied warranties or exclusions or limitations of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not be applicable, and you may have additional rights. If applicable law prohibits the limitation or exclusion of a party's liability with respect to death or personal injury caused by that party's negligence or fraud, such party's liability will not be limited or excluded to the extent of such prohibition under applicable law.

For California residents, you agree to waive all claims, both known and unknown, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states that a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, and that, if known, would have materially affected the settlement with the debtor or released party.

Indemnification

‍Unless prohibited by applicable law, you agree to indemnify, defend, and hold harmless PRODIGY INSURANCE ASSOCIATES LLC, its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses, including legal fees and costs. These may arise from or relate to (a) your use of the Service, including the use of any goods, products, or services obtained through it, (b) your violation of these Terms, including any misrepresentations, (c) your violation of any law or third-party rights, and (d) the actions or omissions of other users or third parties. If you fail to promptly indemnify a covered claim, PRODIGY INSURANCE ASSOCIATES LLC may defend itself, and you shall reimburse PRODIGY INSURANCE ASSOCIATES LLC for its associated costs. PRODIGY INSURANCE ASSOCIATES LLC reserves the right, at its expense, to assume exclusive defense and control of any matter subject to your indemnification.

Arbitration, Choice of Law, and Venue

Any dispute, claim, or controversy arising from or related to these Terms, including the determination of the scope or applicability of the agreement to arbitrate, shall be resolved exclusively through binding arbitration. This arbitration will follow the rules of the American Arbitration Association (the "AAA Rules"). Arbitration will occur in Orange County, Florida, and will be conducted by an arbitrator selected according to the AAA Rules. The arbitrator shall have no personal or financial interest in either party. All disputes will be adjudicated under Florida law, and the arbitrator's decisions will be final and binding. You and PRODIGY NORTH HEALTH AGENCY LLC may seek confirmation of the arbitration award in the Florida state courts in Orange County, Florida.

Both you and PRODIGY INSURANCE ASSOCIATES LLC agree to waive the right to a jury trial. Unless both parties agree otherwise, any claims will be pursued individually, and not as part of a class action. The arbitrator may grant relief only in favor of the individual party seeking it, to the extent permitted by law.

In any dispute resolved by arbitration or other proceedings per these Terms, all costs and expenses, including reasonable attorneys' fees and expert fees, will be borne by the party found liable for the dispute. If complete liability is not assessed against one party, the costs will be shared proportionally. Both parties agree to continue fulfilling their obligations under these Terms until the dispute is resolved.

If arbitration is not available, waived, or otherwise unavailable, then any legal action arising from these Terms shall occur in state or federal courts located in Orange County, Florida. You and PRODIGY INSURANCE ASSOCIATES LLC submit to the jurisdiction of these courts and agree that Florida law, without regard to conflict of laws principles, will govern these Terms and any disputes related to them.

Additional Terms

Failure by PRODIGY INSURANCE ASSOCIATES LLC to enforce any term or condition in these Terms does not waive that term or condition or any others.

By accessing the Service, you agree that U.S. and Florida law, without regard to conflicts of law principles, will apply to these Terms and all matters related to the Service.

Except for small claims actions, any disputes related to the Service or these Terms must be filed within one year after they arise, regardless of any contrary statute or law.

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