TPC Policy Companion

Terms and Conditions

Last Updated October 8, 2023

PLEASE READ THESE TERMS AND CONDITIONS (THE “AGREEMENT”) CAREFULLY BEFORE USING THE TPC POLICY COMPANION (THE “APPLICATION”). BY CLICKING "I AGREE TO THE TERMS AND CONDITIONS" DURING REGISTRATION AND USING, DOWNLOADING, ACCESSING, COPYING, OR INSTALLING THE APPLICATION ON ANY OF YOUR DEVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE, DOWNLOAD, ACCESS, COPY OR INSTALL THE APPLICATION.

WARNING: IN THE EVENT YOU ACCEPT THIS AGREEMENT IN ERROR, YOU ARE STRICTLY PROHIBITED FROM USING THE APPLICATION. UNAUTHORIZED USE MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITY. USE OF THE APPLICATION BY YOU OR YOUR AGENT SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. License.

The Application is licensed to you by The People's Choice Public Adjuster, a Florida corporation ("TPC"). TPC shall at all times retain all rights title and interest in and to the Application and related documentation. You are hereby granted a limited, nonexclusive, worldwide, revocable, nontransferable license to:

Use the Application on a computer, laptop, tablet or smartphone device at any given time for purposes related the intended functionality provided.
Utilize the Application to the extent allowable and in compliance with all applicable laws, rules, regulations and policies.

2. Restrictions.

The Application contains copyrighted material, trade secrets and other proprietary material. In order to protect them, and except as expressly permitted by this Agreement and/or applicable laws, without the prior written consent of TPC you may not:

decompile, reverse engineer, disassemble or otherwise reduce the Application to a human-perceivable form;
copy, sell, transfer, assign, sublicense, modify, network, rent, lend, loan, or distribute the Application or create derivative works based upon the Application in whole or in part;
perform services for third parties using the Application;
modify or create derivative works of Application or of any content available on or through the Application;
copy or publicly display the Application other than in connection with the use of the Application in your medical practice;
use or enable a third party to use the Application contrary to the terms of this Agreement.

In any country in which any of the restrictions under this section are expressly prohibited or limited by applicable law, such restrictions will not be enforced, solely to the extent required to comply with applicable law. If any of such restrictions are not enforceable due to applicable law, then, to the extent allowed under applicable law: (i) before engaging in the activity that would have otherwise been prohibited by such restrictions (i.e. reverse engineering), you must provide The People's Choice Public Adjuster advanced written notice of your intent to engage in such activity; (ii) you must not disclose the results of any reverse engineering, decompilation or modification to any third parties; and (iii) you must not create any software that would be substantially similar to the expression of the Application or that would be used in any manner that would be restricted by copyright.

3. Use.

All users may only have one user account. Users must provide TPC with your legal first and last name, your contact phone number and your email address in order to obtain a single user account. You shall not impersonate any other person, falsify your profile information, or misrepresent to TPC or any other user your true legal identity.

Unless a social media account is used to login, All users are required to use a password to register as a user and login to the Application. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR DEVICE AND LOGIN PASSWORD AND FOR PROTECTING THE PRIVACY AND SECURITY OF THE INFORMATION YOU ENTER INTO THE APPLICATION. You may not create a user account on behalf of any other person or entity without a valid Power of Attorney. You agree to use the Application only for lawful purposes and agree to follow all applicable laws, rules, regulations and policies applicable to your use of the Application.

You shall not use the Application to:

transmit any content that is: unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
engage in activity that may disseminate any computer viruses or other malware, programs, files or code designed to interrupt, destroy, gain access to or limit the functionality of any computer software or hardware or telecommunications equipment;
disseminate or transmit any content or other materials through use of the Application that constitutes unsolicited advertising, promotional materials, surveys, spam, junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
sell, offer for sale or advertise any guns, weapons, ammunition, drugs, alcohol, pornography, or any illegal goods or services through use of the Application; or
transmit any information that you do not have proper authority or consent to share with third parties.

The Application allows users to enter information for each property and insurance claim in the Application. The user is solely responsible for obtaining any and all necessary consents before entering it into the Application. You represent and warrant that any and all content uploaded to, entered in or provided through the Application does not infringe the rights of any third parties and that all information is accurate, complete and may be relied upon by other users of the Application. You further agree that you have all rights necessary to and do hereby grant to The People's Choice Public Adjuster a worldwide, perpetual, irrevocable, royalty free, fully paid license to reproduce, distribute, share, perform and display such content to and with users through the Application. The People's Choice Public Adjuster uses commercially reasonable electronic means to prevent users from viewing and accessing the content of other users. You shall not copy, sell, transmit, modify, make derivatives of, perform, display or redistribute any content that you obtain from use of the Application without prior written consent from the owner of such content. The People's Choice Public Adjuster has the right in its sole and exclusive discretion to terminate your user account and block your access to the Application if it believes that you have violated any term of this Agreement.

4. Termination.

This Agreement and the license to use the Application granted hereunder is effective until terminated. You may terminate this Agreement at any time by stopping all use of the Application, removing the Application and any applicable software from your device, cancelling your user account and destroying related documentation. This Agreement will terminate immediately without notice from The People's Choice Public Adjuster if you fail to comply with any provision of this Agreement. Upon termination, The People's Choice Public Adjuster revokes any and all licenses previously granted to you and may block your access to use the Application, your user account and/or any other services offered by The People's Choice Public Adjuster. The People's Choice Public Adjuster reserves the right, in its sole and exclusive discretion, at any time and from time to time to modify any or all of the services available through the Application without liability of any kind. The People's Choice Public Adjuster further reserves the right to suspend or terminate the Application in whole or in part, at any time in The People's Choice Public Adjuster's sole and exclusive discretion.

5. Export Law Assurance.

You agree and certify that neither the Application nor any other technical data received from The People's Choice Public Adjuster, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Application has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Application nor any other technical data received from The People's Choice Public Adjuster, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Application.

6. Disclaimer of Warranty on Software.

You expressly acknowledge and agree that use of the Application is at your sole risk. The Application and related documentation are provided "AS IS" and without warranty of any kind and The People's Choice Public Adjuster EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. The People's Choice Public Adjuster DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APPLICAITON IS ASSUMED BY YOU. FURTHERMORE, The People's Choice Public Adjuster DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU (AND NOT The People's Choice Public Adjuster OR The People's Choice Public Adjuster'S AUTHORIZED REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. Limitation of Liability and Disclaimer.

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL The People's Choice Public Adjuster, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF USE OR YOUR MOBILE DEVICE OR COMPUTER, CORRUPTION OR HARM TO YOUR MOBILE DEVICE OR COMPUTER AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE APPLICATION OR RELATED DOCUMENTATION, EVEN IF VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

By using the Application, you hereby acknowledge and agree that The People's Choice Public Adjuster shall not be liable or responsible for any agreements, transactions or communications between you and other users of the Application.

The contents of the tpcpolicy.com (“website”) including but limited to the text, graphics, images, and other material contained on the website and The People's Choice Public Adjuster platform (“content”) are for informational purposes; the content should be used in conjunction with professional, legal advice from a public adjuster. The People's Choice Public Adjuster and the Application may offer basic advice and information to be used as a general guide of understanding. This information is not to be used as the sole basis for personal, financial, or legal decisions for your home. TPC always recommends consulting with a public adjuster.

8. Ownership of Intellectual Property.

The People's Choice Public Adjuster, its vendors, contributors, or licensors own or license all rights, title and interest in and to the Application and all related documentation and content, including all intellectual property rights therein, including but not limited to copyrights, trademarks, patents, trade dress and trade secrets.

9. Information Collected and How Used.

By using the Application, you hereby grant to The People's Choice Public Adjuster, consent to intercept, collect, store, disclose, and share certain information about your use of the Application. The People's Choice Public Adjuster may collect the following information about your use of the Application: the frequency of your use and the time and date of your use of the Application. The People's Choice Public Adjuster will not collect any personally identifiable information other than as stated in our Privacy Policy and as necessary for registration, account management and communication. The People's Choice Public Adjuster may use the non-personal, non-identifiable information it collects in the aggregate for internal monitoring, messaging and quality control purposes and may share the aggregated information with others, including but not limited to sponsors and researchers, for commercial purposes. The People's Choice Public Adjuster may also use your information to target messaging to you that is relevant to you when you are using the Application. Additionally, The People's Choice Public Adjuster will provide the information it collects to law enforcement or other government agencies if The People's Choice Public Adjuster receives a summons, search warrant, subpoena, or other court order and the information is needed to protect other persons from injury, serious harm or death, to prevent fraud, or to assist in the investigation of a crime or threat of a serious crime or suspected terrorist activity. TPC may also use your information to send messages to your computer or mobile device about updates, patches, new features or new versions for the Application. For additional information about the information The People's Choice Public Adjuster collects and how it is used please see The People's Choice Public Adjuster's Privacy Policy available at tpcpolicy.com/privacy-policy.

10. Indemnification by User.

You agree to indemnify and hold The People's Choice Public Adjuster and its affiliates, business partners, vendors, licensors, contributors, officers, directors, shareholders, employees, representatives and agents harmless from any loss, liability, claim, demand, damage, or expense (including actual legal fees) asserted by any third party relating in any way to your use of the Application or your breach of this Agreement. The People's Choice Public Adjuster reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. This indemnity obligation survives the term of this Agreement.

11. Controlling Law; Arbitration; Severability.

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida, as applied to agreements entered into and to be performed entirely within Florida between Florida residents. If for any reason an arbitrator finds any provision of this Agreement or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Any disputes arising from or related to this Agreement shall be submitted to binding arbitration before the American Arbitration Association (“AAA”) located in Orlando, Florida. Any objections to the convenience of the propriety of the forum are hereby specifically waived. The parties shall mutually agree to an arbitrator within ten (10) business days of submission of a claim for arbitration with AAA. If the parties cannot agree to an arbitrator within such time, AAA shall appoint an arbitrator. The initial filing fees shall be paid by the party filing the claim for arbitration. Thereafter, the costs of the arbitration shall be shared equally by the parties, and each party shall be responsible for his or her own attorney fees and costs.

12. Complete Agreement; Assignment.

This Agreement and the Privacy Policy available on The People's Choice Public Adjuster's website at www.tpcpolicy.com constitute the entire agreement between the parties with respect to the use of the Application and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of The People's Choice Public Adjuster. This Agreement may not be assigned or transferred by you without the prior written consent of The People's Choice Public Adjuster. The People's Choice Public Adjuster may assign this Agreement without your consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, representatives and permitted assigns.

13. Copyright Violations.

It is the policy of The People's Choice Public Adjuster to terminate registration of any user who repeatedly infringes the copyrights of others and to expeditiously remove or disable access to the alleged infringing material or content if The People's Choice Public Adjuster is given proper notice of the infringement or infringing conduct by the copyright owner. If you believe any materials or content available on or through the Application infringe your copyright, you may request removal of those materials from the Application by contacting our designated copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

14. Modification.

We may modify this End User License Agreement from time to time. We will take commercially reasonable efforts to notify registered users of our The People's Choice Public Adjuster platform when we have modified the End User License Agreement so that you can review the terms. When modifications are made, users will have 30 calendar days from the date of delivery of the notice of change, during which time any user that does not agree with such modifications can request their account to be deactivated and removed by contacting support@tpcpolicy.com. Modifications to this agreement will go into effect 31 calendar days after the date of delivery of the notice of change.

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