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Terms, Conditions, Privacy Policy, & Disclaimers

Our business is to provide video-based sales training and back-office support to life insurance agents (Team Members) to allow them to be more productive and successful in their sales efforts.  We do this by providing you, a Team Member, with online training and support, along with the opportunity to participate in our revenue sharing model, through our subscription levels, which are detailed [below/on the OmniBay Global Data Services website].

1. Introduction

1.1. Agent Agreement

When you use our Services you agree to all of the terms and conditions in this contract (“Agent Agreement” or “Agreement”).  Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Subscribe”, “Join”, “Join Today!”, “Submit”, or simply by accessing or using our Services (described below), you are agreeing to enter into a legally binding contract with OmniBay Global Data Services, LLC.  If you do not agree to this contract do not click “Subscribe”, “Submit”, and/or “Join Today!” and do not access or otherwise use any of our Services.  You may terminate this Agent Agreement at any time by closing your account AND no longer accessing or using our Services. By simply not accessing our services, that does not cancel your membership. Details about termination of this Agent Agreement are provided below.

You are entering into this Agent Agreement with OmniBay Global Data Services, LLC. (“OmniBay Global” or “we” and “us”).

By entering this Agreement, you acknowledge that we may use third parties to assist us in providing the Services, including training, facilitating lead sales, and aggregating information.

1.2. Services

Subject to the terms and conditions of this Agent Agreement and payment of the fees set forth in Section 1.4 below, OmniBay Global will provide a variety of services via the OmniBay Global Site for the benefit of Team Members, which services may include, but are not limited to, sales training and back office support (the “Services”).  We reserve the right to add, remove, modify or otherwise alter the Services at any time and from time-to-time in our sole discretion, and nothing shall be construed as a guarantee or warranty of any Services.

1.3. Subscription Levels

Basic

1.4. Changes to this Agreement and the Privacy Policy

We may make changes to this Agent Agreement and our Privacy Policy from time to time.  If these changes are material, we will notify you in advance so you can review the changes before they take effect, and, if you wish, to terminate your status as a Team Member if you do not want to accept the changes.  If you continue to use the Services after the changes take effect, you will be bound by the changes.

2. Obligations

2.1. Your Account; Confidentiality

You agree to keep your password secret and confidential.

You will not share an account with anyone else.  You will comply with the terms of this Agent Agreement and you will comply with all applicable laws and regulations, including without limitation those governing the sale of insurance.  You are responsible for anything that happens through your account unless you close it or report misuse.  You will hold your account information in strict confidence you will be solely responsible for any disclosures of your account information or use of your account information by any unauthorized third party.  We may suspend or disable any account if we believe that the security with respect to that account has been or will be compromised.  We are not responsible for any unauthorized access to your account or any disclosure of your data or information or the breach of privacy or security with respect to any your account, data or information.

2.2. Payment

You will honor your payment obligations and you allow us to store your payment information. You understand that there may be fees and taxes that are added to our prices.  Failure to pay our fees will result in the termination of the Services and of your account.

We don’t offer refunds.

We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services.

When you purchase a subscription, your payment method automatically be billed to you every 30 days based on when you enroll in the program for the fees and taxes applicable to that month. If a payment fails to process completely, you may be billed on other days at the companies sole discretion.  To avoid future charges (not including past due charges and/or late fees), cancel before the next payment due date.  We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. Cancelling does not terminate any past due balances, late fees, and/or collections fees.

You understand that when you purchase a subscription, the price of that subscription may increase from month to month depending on your Team Member Level or Rank and/or at the sole discretion of OmniBay Global. Fees for each level are

Basic -  $57 or $97 per month, depending on which offer link you used.

You can get a copy of your invoice through your account settings.

If you do not pay the fee on the due date, your subscription will be terminated, and any unpaid commissions that have accrued to you will be forfeited. If we receive payment from you more than three (3) days after the date your payment is due, we may impose a late fee of $50.00. If we have not received payment from you more than 30 days after the date your payment is due, we may assess an additional 5% late fee on the unpaid amount. If you have not paid any payment obligations for more than 60 days, we may refer collection of the unpaid amount to an attorney or collections agency. If your unpaid payment obligations are referred to an attorney or collections agency, you hereby agree to pay all reasonable attorney’s fees or collections agency fees.

You authorize OmniBay Global and/or its representatives to debit / charge (the partial and/or full amount of any past due fee) using any billing method provided to use by you, including but not limited to credit card, bank account / ACA, or PayPal - including but not limited to accounts provided by you to any of our staff, systems, and/or insurance carriers for commissions and/or revenue share payments.

You hereby waive any and all of its rights to interpose any claims, deductions, setoffs or counterclaims of any nature in any dispute with respect to this Agreement.  Any claims, deductions, setoffs or counterclaims must be brought as a separate action subject to the choice of law, forum selection and jurisdictional waiver provisions of this Agreement.

You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this Agreement following your breach of this Section 2.2.

2.3. Notices and Messages

You allow us to communicate with you through our website, using the contact information you have provided.  If your contact information is out of date, you may miss out on important notices.

3. Intellectual Property; Data Use; Publicity

3.1. Intellectual Property Rights

OmniBay Global reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services.  Trademarks and logos used in connection with the Services are the property of OmniBay Global.

While you have an active subscription with OmniBay Global, and subject to the terms and conditions of this Agreement, OmniBay Global grants you a limited, revocable, non-transferrable, non-sublicensable and non-exclusive right to the limited access and use of the Services and the OmniBay Global Site.

3.2. Data

OmniBay Global may provide you access to public contact information of insurance producers who have become licensed.  This information is aggregated by a third party, and we are providing this data to you at no charge.  However, your subscription fee helps to cover the cost of the software platform through which you will access this data.

3.3. Publicity and Media Release

In partial consideration for your use of the Services and the Site, you grant us the universal  right and permission to use your name, image, likeness, voice, views, comments and testimonials (collectively, “Materials”), and to use and include any and all such Materials in, and in connection with any and all marketing, publicity and/or social media assets and/or materials related to OmniBay Global (collectively, the “Works”) and any and all allied, ancillary, subsequent and derivative rights associated therewith.

You acknowledge and agree that OmniBay Global shall be the sole and exclusive owner of all rights (including without limitation copyright) in and to the Works and the Materials, and that OmniBay Global shall have the right, in perpetuity and valid throughout the universe, to distribute, license, exhibit and otherwise exploit the Works and/or Materials, and excerpts therefrom, throughout the world in any and all media and formats now known or hereafter devised.  You hereby waive any moral rights of inspection or approval of your appearance or the uses to which such appearance may be put, and you agree that you will have no right to review or approve the Materials or the Works or any related advertising, and that we will possess sole creative discretion regarding the use of your name and likeness in connection therewith.  OmniBay Global may juxtapose materials portraying you with other materials in its sole discretion.

4. Disclaimer and Limit of Liability

4.1. No Warranty

We disclaim legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, OmniBay Global AND ITS AFFILIATES (AND THOSE THAT OmniBay Global WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

4.2. Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW, OmniBay Global AND ITS AFFILIATES (AND THOSE THAT OmniBay Global WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES.  IN NO EVENT SHALL THE LIABILITY OF OmniBay Global AND ITS AFFILIATES (AND THOSE THAT OmniBay Global WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR OUR SERVICES, OR (B) $1,000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OmniBay Global AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) EVEN IF OmniBay Global OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

You will defend, indemnify and hold harmless OmniBay Global and its affiliates, directors, officers, employees, independent contractors, consultants, attorneys and agents from any and all claims, actions, proceedings, losses, damages, liabilities, fees and expenses, including reasonable attorneys’ fees and amounts awarded by a court or arbitrator or mediator or paid in settlement, arising from or related to (a) any services provided by you to a customer of yours resulting from your use of the Services and the OmniBay Global site, (b) any breach of this Agreement, or (c) any act or omission of you or anyone acting on behalf of or for you.

5. Termination

We can each end this Agreement anytime we want by providing written notice to the other party.

Both you and OmniBay Global may terminate this Agreement at any time with notice to the other.  On termination, you lose the right to access or use the Services.  The following shall survive termination:

· Sections 2.2, 4, 6 and 8 of this Agreement;

· Any amounts owed by either party prior to termination remain owed after termination.

6. Governing Law and Dispute Resolution

You and OmniBay Global agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services.

You and we agree to make good faith efforts to resolve any dispute informally. Only when those  efforts fail may a dispute be submitted to final and binding arbitration under the following terms:

If a dispute remains unresolved, you and we agree to submit any claim as defined herein to final and binding arbitration rather than resorting to any administrative and/or judicial bodies. This agreement to arbitrate includes, but is not limited to, any claim that could be asserted in court or before an administrative agency or claims for which either of us has an alleged cause of action against the other, including but not limited to any dispute concerning the arbitrability of any such controversy or claim.

You agree to waive the right to litigate in court or in arbitration any claim or dispute as a class or collective action, either as a member of a class or as a representative, or to act as a private attorney general. You agree not to join with any other individual in any litigation in court or arbitration. You and we acknowledge that this class action waiver is material and essential to the arbitration of any disputes between us and is non-severable from our agreement to arbitrate.  YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.

Any arbitration conducted under this Agreement shall follow the JAMS Commercial Arbitration Rules (the “Rules”). Any arbitration shall have one arbitrator selected consistent with the Rules. The arbitrator shall apply the governing substantive law of California and/or federal law. The aggrieved party must give written notice of any claim consistent with the Rules, and provide to the other party. The arbitration shall take place in Los Angeles County. The arbitrator shall render a reasoned award (with findings of fact) within thirty (30) days after the close of the arbitration hearing. The JAMS administrative fees and the arbitrator’s fees and expenses will be shared equally (50/50) by you and OmniBay Global. Judgment upon the award shall be entered in any court having jurisdiction.  The prevailing party in the proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs it incurred in conducting the proceeding, including the foregoing arbitration fees and reasonable attorneys’ fees and expenses.

7. General Terms

If a court with authority over this Agreement determines that any part of it is unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent.  If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.

This Agreement (together with an additional independent contractor agreement that we will provide if you are promoted to a higher rank and you accept that promotion) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Agreement, that does not mean that OmniBay Global has waived its right to enforce this Agreement.  You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent.  However, you agree that OmniBay Global may assign this Agreement to its affiliates or a third party that buys it, without your consent.  There are no third-party beneficiaries to this Agreement.

You agree that the only way to provide us legal notice is at the addresses provided in Section 9.

Commissions will only be paid to team members who are Active on the date of the respective payment, and will only be paid based on your downline on the date of the commission payment.

8. OmniBay Global “Dos and Don’ts”

8.1. Dos

You agree that you will:

a.   Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

b.  Provide accurate information to us and keep it updated;

c.   Use the Services in a professional manner;

d.  Allow us to provide your contact information to our affiliates and our vendors for any business purpose.  Details are provided in our Privacy Policy; and

e.   Allow us to disclose your information to law enforcement agencies, to the extent we are legally required to do so.

8.2. Don’ts

You agree that you will not:

a.   Use or attempt to use another’s account;

b.  Override any security feature;

c.   Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties, without the consent of OmniBay Global;

d.  Disclose information that you do not have permission to disclose (such as confidential information of others);

e.   Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.

f.   Violate the intellectual property or other rights of OmniBay Global, including, without limitation, (i) copying or distributing our training videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “OmniBay Global” or our logos in any business name, email, or URL;

g.  Imply or state that you are affiliated with or endorsed by OmniBay Global without our express consent;

h.  Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without OmniBay Global’s consent; or

9. Notice Information

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing.  Notices from you to us shall be sent to the following address:

OmniBay Global Data Services, LLC.

1801 Century Park East

24th Floor

Los Angeles, CA 90067

Notices from us to you will be sent to the address you provide in your profile.

All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid).  A Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

Effective January 1, 2021

PRIVACY POLICY STARTS HERE

This Privacy Notice describes the information OmniBay Global Data Services LLC LLC (“OmniBay Global Data Services LLC”, “we”, “our”, or “us”) collects about you, how we use this information, with whom we share it, and the choices you have in connection with this.

1 APPLICABILITY OF PRIVACY NOTICE

This Privacy Notice applies to any and all websites, platforms, or other digital products made available by OmniBay Global Data Services LLC (collectively, the “Website”).

2 INFORMATION COLLECTION AND USE

Through your use of our Website, OmniBay Global Data Services LLC may collect personal information, which is information that identifies you or relates to you as an identifiable individual. OmniBay Global Data Services LLC will collect personal information from you directly and automatically as you use our Website.

3 Information We Collect Directly From You

When you engage with certain features of our Website, we will collect your personal information. This includes when you:

  • Contact us. When you contact us or send us any questions or inquires, we collect your name, email address, telephone number, and any other information you choose to include in your correspondence. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, communicate with you, and address any issues you may have.
  • Create an account. To create an account, we will collect your name, physical address, email address, Social Security number, and information on your insurance license. We use this personal information to create and maintain your account, to communicate with you, to issue tax forms, and to provide you access to our sales training platform. We may also use this personal information to connect you with insurance carriers and to send you marketing communications on OmniBay Global Data Services LLC that we feel may be of interest to you.
  • Make or receive payment. If you make or receive payment through our Website, we will collect your name, physical address, email address, and payment information. The payment information may be your financial account information (bank account number and routing number) or your payment card information (payment card number, expiration date, and CVV). These payments are facilitated by our third-party payment processors, Stripe, PayPal, International Payout Systems, or Complete Merchants Solutions. We use this personal information to process your payment and to communicate with you.
  • Subscribe to our newsletter. If you subscribe to our newsletter, we will collect your name and email We use this personal information to provide you with our newsletter as requested.

OmniBay Global Data Services LLC may also use your information collected for the above purposes to defend our rights and the rights of others, to efficiently maintain our business, to comply with the law, and for other limited circumstances as described in HOW WE SHARE YOUR INFORMATION.

4 Information Collected Automatically.

As you use our Website, we use cookies and other technologies to automatically collect certain information about you. Cookies are text files that your browser places on your device when you visit a website. The cookies on our Website collect the following information:

  • Usage information. This includes which pages on our Website you visit, the frequency of access, time spent on each page, and referring website details.
  • Location information. This includes information about your location, which may be determined through your IP address.
  • Device Information. This includes certain information about the device you use to access the Website, such as hardware model, operating system, browser, and your preferences.

To collect this information, our Website utilizes the following cookies:

  • Essential cookies. We use essentials cookies to prevent fraudulent use of the Website and to allow the Website and its features to function properly.
  • Functional cookies. We use functional cookies to provide enhanced functionality, to diagnose server and Website errors, and in cases of abuse, track and mitigate the abuse.
  • Google Analytics. We use Google Analytics to collect information on your use of the Website to improve our Website. In order to collect this information, Google Analytics may set cookies on your device, or read cookies that are already there. Google Analytics may also receive information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to our Website or to another application which partners with Google is restricted by the Google Analytics Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on.
  • Facebook Pixel. We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our Website by clicking on the Facebook ad. The Facebook Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through the Facebook Pixel. However, the information collected via the Facebook Pixel is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. The Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt-out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings, and you can clear and control the information third parties share with Facebook in your Off-Facebook Activity If you do not have a Facebook account, you can opt-out of Facebook ads through the Digital Advertising Alliance.
  • Social media cookies. Our Website includes social media widgets. These widgets may collect your IP address and which page you are visiting on our Website. These widgets may set a cookie or utilize other tracking technologies to accomplish this. Social media widgets are hosted by a third-party and your interactions with those features are governed by the privacy policies of the companies that provide them.

To disable cookies in general and limit the collection and use of information through them, you can set your browser to refuse cookies or indicate when a cookie is being sent. When you opt-out, and opt-out cookie will be placed on your device. The opt-out cookie is browser and device specific and will only last until cookies are cleared from your browser or device.

5 HOW WE SHARE YOUR INFORMATION

OmniBay Global Data Services LLC may share your personal information for the following purposes:

  • Within OmniBay Global Data Services LLC. Where necessary, we may share your information within OmniBay Global Data Services LLC and our corporate family, such as with subsidiaries, joint ventures, or affiliates, in order to efficiently carry out our business, to share leads, and to the extent permitted by law. When sharing leads amongst our corporate family, we will share your name, contact information, and insurance licensing status. To opt-out of sharing your information for leads purposes, please contact us at [email protected].
  • With service providers. We may share your information with our service providers to perform functions on our behalf and to help us administer the Website. These service providers include our payment processors, IT support, and communications vendor.
  • With insurance carriers. OmniBay Global Data Services LLC may share your personal information with insurance carriers. OmniBay Global Data Services LLC has been granted the authority by insurance carriers to select licensed insurance agents to contract with the insurance carriers. In order to facilitate this, we may share your personal information with the insurance carriers to complete your application and reference and credit checks.
  • In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share your personal information with third-parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We would also share your personal information with third-parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
  • For legal purposes. We will share your personal information where we are legally required to do so, such as in response to court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our terms of service or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law.

6 CORRECT OR VIEW YOUR PERSONAL INFORMATION

You can access your OmniBay Global Data Services LLC account to correct or view certain personal information of your in our possession and which is associated with your account.

7 MARKETING COMMUNICATIONS

You may opt-out of receiving marketing emails from us by clicking the “unsubscribe” link provided with each email. Please note that we will continue to send you emails necessary to the Website, your account, or any assistance you request.

8 NEVADA RESIDENTS

If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of certain of your personal information. We do not currently sell any of your personal information under.

Nevada law, nor do we plan to do so in the future. If you have any questions regarding our information practices, or would like to opt-out of the future sale of your personal information, please contact us at [email protected].

9 DO NOT TRACK DISCLOSURE

We do not support Do Not Track (DNT). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your browser.

10 INFORMATION SECURITY

We implement and maintain reasonable security measures to protect the personal information we collect and maintain. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.

11 AGE RESTRICTION

The Website and the services offered thereon are not intended for individuals under the age of eighteen (18).

12 CHANGES TO THIS PRIVACY NOTICE

We may change this Privacy Notice from time to time. We will post the changes to this page, and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights we will notify you via email and/ or by a prominent post on our Website.

13 CONTACT

If you have any questions about this Privacy Notice, please contact us at:

OmniBay Global Data Services LLC

1801 Century Park East

24th Floor

Los Angeles, CA 90067

This Privacy Notice was last modified on March 7, 2021

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