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Terms of Use

AGREEMENT BETWEEN USER AND Forrest T. Jones & Company, Inc.®

The website at www.txpcpainsure.org and related pages (the “Website) is owned and operated by Forrest T. Jones & Company, Inc.® (“FTJ,” “we,” “us” or “our”). The Website is made available to you (“User,” “you,” “your”) conditioned on your acceptance without modification of these terms, conditions, and notices (“Terms of Use”). Your use of the Website constitutes your agreement to these Terms of Use. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE.
 

MODIFICATION OF THESE TERMS OF USE

We reserve the right to change the terms, conditions, and notices under which the Website is offered. You are therefore encouraged to periodically review these Terms of Use.
 

LINKS TO THIRD-PARTY SITES

The Website may contain links to other third-party websites ("Linked Sites"). The Linked Sites are not under the control of FTJ, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of third-party websites. We encourage you to review the privacy practices of any website you visit.
 

INTELLECTUAL PROPERTY

All content of this Website is the intellectual property of FTJ, its affiliates, or third parties who have licensed the materials to us.  All content of the Website is: © 2003-2024 Forrest T. Jones & Company, Inc., Kansas City, Missouri. All rights are reserved.

This Website and its contents are intended solely for your personal, non-commercial use in order to review and participate in the programs that we offer (the "Permitted Use") and subject to these Terms of Use, you may use this Website only for the Permitted Use. You may not access, use, download, copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the contents of this Website, or any related software, or any part thereof for any other purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You may download or electronically copy and print any page contents displayed on this Website for the Permitted Use only and no rights to those materials are transferred to you by such copying. Software used on this Website is the property of FTJ or its licensors and is protected by United States and international copyright laws.

Forrest T. Jones & Company, Inc., is a registered trademark, and may not be used without written permission. Any rights not expressly granted herein are reserved.
 

NO UNLAWFUL OR PROHIBITED USE

Except as expressly permitted in these Terms of Use, you may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.  You may not:

  1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on this Website or Website content;
  2. circumvent, disable or otherwise interfere with security-related features of this Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of this Website or Website content;
  3. use an automatic device (such as a robot or spider) or manual process to copy this Website or Website content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website content from this website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
  4. collect or harvest any personally identifiable information from this Website including, without limitation, user names, passwords, email addresses;
  5. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  6. interfere with, the proper working of this Website or impair, overburden, or disable the same;
  7. decompile, reverse engineer, or disassemble any portion of this Website;
  8. use network-monitoring software to determine architecture of or extract usage data from this Website;
  9. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Membership (as defined in the USER REGISTRATION section) without permission, etc.);
  10. engage in any conduct that restricts or inhibits any other user from using or enjoying this Website.
     

Further, you agree to cooperate fully with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

USER REGISTRATION

In order to access or use some features of this Website, you may have to become a registered user. If you are under the age of eighteen (18), then you are not permitted to register as a user or otherwise submit personal information to this Website.

To become a registered user, you agree to provide true, accurate, current and complete registration information and, if such information changes, you agree to promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"), which may permit you access to certain areas of this Website not available to non-registered users. You are responsible for safeguarding your password and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at CustomerService@ftj.com of any unauthorized use of your Membership.

Personal information transmitted to us will be treated in accordance with our Privacy Policy.
 

USER CONTENT

1. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on this Website (collectively, "Submit") messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on this Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

You represent, warrant, and covenant that you will not submit any User Content that:

a) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

b) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;

c) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;

d) is an advertisement for goods or services or a solicitation of funds;

e) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

f) contains a formula, instruction, or advice that could cause harm or injury; or

g) is a chain letter of any kind.

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying this Website will not be permitted.

3. By submitting User Content to this Website, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation: (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of this website and these Terms of Use

4. By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name in connection with broadcast, print, online, or other use or publication of your User Content.

5. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
 

Digital Millennium Copyright Act

In accordance with the Digital Millennium Copyright Act ("DMCA"), Pub. L. 105-304, we have designated an agent to receive notification of alleged copyright infringement occurring on this Website. If you believe that your copyrighted work is being infringed, notify our designated agent specified below:

Forrest T. Jones & Company, Inc.
Attn: Law Department
3130 Broadway
Kansas City, MO 64111

Email: Infringement@ftj.com

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:

  1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  2. A description of the copyrighted work(s) you believe to have been infringed;
  3. A description of the infringing material and information reasonably sufficient to permit us to locate the material;
  4. Your contact information (including your address, telephone number, and email);
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. Sec. 512(c)(3)) we will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
 

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF this Website IS AT YOUR SOLE RISK. This Website AND Website CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, FTJ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT this Website WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF this Website; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON this Website OR ACCESSED THROUGH this Website; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF this Website; (6) WARRANTIES THAT YOUR USE OF this Website WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

References to any products, services, processes, or other information, by trade name, trademark, manufacturer, or supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by FTJ, unless otherwise specifically noted.
 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FTJ OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,  EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OR REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE (EVEN IF FTJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH this Website OR THESE TERMS OF USE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH this Website INCLUDING, WITHOUT LIMITATION, THE Website CONTENT IS TO STOP USING this Website. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH this Website OR ANY LINKS ON this Website, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH this Website OR ANY LINKS ON this Website. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON this Website.
 

INDEMNIFICATION

You agree to indemnify and hold harmless us and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of any of this Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
 

TERMINATION

1. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to this Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that FTJ shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to this Website.

2. If you become a registered user, you may terminate your Membership at any time by going to Membership page and selecting the appropriate option.

3. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions.
 

CHOICE OF LAW

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Jackson County, Missouri, U.S.A. or federal court in the Western District of Missouri, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FTJ as a result of this agreement or use of the Website. FTJ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by FTJ with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This agreement and all related documents shall be written in English.
 

MODIFICATIONS AND ADDITIONAL TERMS

1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of this Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of this Website generally, unique parts of this Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

2. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on this Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and this Website from time to time for any changes or Additional Terms. Your access and use of this Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Membership as provided in the User Registration section herein or, if you do not have a Membership, your only recourse is to immediately discontinue use of this Website.
 

ACCESS FROM OUTSIDE THE UNITED STATES

This Website is controlled by us from our offices within the United States. We make no claims that the content and information included on this Website is appropriate or may be downloaded outside of the United States. Access to the content and information included on this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.
 

USE OF THE INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable state federal laws and regulations. FTJ has no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, governmental restrictions, or related hazards.
 

MISCELLANEOUS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

1. These Terms of Use (and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

2. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
 

NOTICES

All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed, emailed to: CustomerService@ftj.com or, in the case of delivery by mail, when deposited in the U.S mail, certified mail, return receipt requested, postage prepaid, to: Forrest T. Jones & Company, Inc. 3130 Broadway, Kansas City, MO 64111.


01/2024