AgentInsure.com Terms of Use
Terms and Conditions of Use Please read these Terms and Conditions of Use ("Terms
of Use") carefully before using this Website (the "Site"). This Site is the property
of Webcetera, LP, a Texas limited partnership dba AgentInsure ("AgentInsure"). Your
use and operation of this Site is governed by these Terms of Use, and is further
subject to our
privacy policy. BY ACCESSING
OR USING ANY PART OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. If
you do not agree with any part of these Terms of Use, you must exit this Site. Note
that these Terms of Use may be amended or modified from time to time and at any
time, without advanced notice.
Permitted Use:
The content, graphics, information, quotations, code and software
used on or incorporated into this Site (collectively "
Content") is made available
for your personal use in connection with the generation and display of insurance
quotations only. Use of this Site by unauthorized persons is strictly prohibited.
Unless agreed to in writing by AgentInsure, you may not create a direct link from
another Web site to the Site. Except with respect to insurance quotation information
generated by this Site, which is for your use only, you may not harvest, post, transmit,
copy, modify, create derivative works from, or distribute anything you obtain or
download from the Site. You agree to comply with all applicable state, federal and
international laws, statutes, ordinances and regulations regarding your use of our
service and this Site. You agree not to upload or transmit through the Site any
computer viruses, trojan horses, worms or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of this Site or its end-users.
Any unauthorized modification, tampering or change of any information, or any interference
with the availability of or access to the Site is strictly prohibited. You may not
use any "robot", "spider" or other automatic device, program, algorithm or methodology,
or any similar or equivalent manual process to access, acquire, copy or monitor
any portion of the Site, or in any way reproduce or circumvent the navigational
structure or presentation of the Site, to obtain or attempt to obtain any materials
or information through any means not purposefully made available through the Site.
You agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of this Site or any transaction being
conducted on this Site, or with any other person's use of this Site. You may not
attempt to gain unauthorized access to any portions of this Site, other accounts,
computer systems or networks connected to any of our servers, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available through this Site.
Content:
All Content is the property of or licensed by AgentInsure. Similarly, the
AgentInsure logo and all AgentInsure trademarks, service marks and copyrights (collectively
the "Marks"), are the property of AgentInsure and are protected by copyright and
trademark laws. Except in connection with your authorized use of this Site, you
are not being granted any right or license under any Mark nor are you granted any
other intellectual property right in or to the Content. All such rights are retained
by AgentInsure.
Information You Provide:
You are solely responsible for any user
information that you provide to us (“User Data”). You hereby grant to AgentInsure
and its agents and insurance vendors the right to use and store the User Data in
a manner consistent with the intended use of this Site. AgentInsure will use the
User Data in accordance with our Privacy Policy, which is accessible on this Site.
We may disclose User Data if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce these terms and conditions; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect our rights, property,
or personal safety, its users and the public.
Third Party Sites:
At times, the Site
may have links to Web sites hosted by other parties ("
Third-Party Sites"), or such
Third-Party Sites may have links to the Site. These links are offered as a convenience
and for informational purposes only, not as referrals or endorsements by AgentInsure
of the Third-Party Sites. Third-Party Sites are maintained by their respective organizations,
and those organizations are solely responsible for the content of their own Web
sites. AgentInsure does not verify nor make any warranty or representation about
the content, accuracy, opinions expressed, warranties, products or services, intellectual
property compliance, or links of such Third-Party Sites. You should read the privacy
policies and terms of use agreements of all Third-Party Sites.
Password Registration:
Certain features or services offered on or through this Site may require you to
create an account or for AgentInsure to issue a user name, password or passcode
to you. You are solely responsible for maintaining the confidentiality of your account
information, including your user identification, password and any and all activities
that occur under your account. You agree to notify us immediately of any unauthorized
use of your account or password, or any other breach of security. AgentInsure will
not be liable for any loss that you may incur as a result of someone else using
your password, either with or without your knowledge. However, you could be held
liable for losses incurred by us or another party due to someone else using your
password.
Access Restrictions / Termination:
Subject to the terms of any written
agreement between you and AgentInsure, AgentInsure reserves the right to restrict
or terminate your access to this Site and its services at any time, with or without
cause and without notice to you.
Disclaimer / Liability Limitation:
You agree that
from time to time this Site may be inaccessible or inoperable for any reason, including,
without limitation, equipment malfunctions, periodic maintenance procedures or repairs
which we or our agent may undertake from time to time, or causes beyond the reasonable
control of AgentInsure or which are not reasonably foreseeable by AgentInsure. In
each case, you agree not to hold AgentInsure responsible for any damages proximately
caused by such delay or lack of access. In addition, AgentInsure is not responsible
for any loss of User Data resulting from deletion or corruption or otherwise. While
AgentInsure uses reasonable efforts to include accurate and up-to-date information
on the Site, AgentInsure makes no warranties or representations as to accuracy of
the Contents. AgentInsure assumes no liability or responsibility for any errors
or omissions in the Contents of the Site. Changes may be periodically made to the
information at any time without notice.
THIS SITE AND ITS CONTENTS ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED,
OR STATUTORY. AGENTINSURE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS,
ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES
ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, AGENTINSURE
DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE INFORMATION PROVIDED TO YOU
THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE PROVIDED WITHOUT VIRUS OR
OTHER HARMFUL COMPONENTS OR CONDITIONS, OR WILL BE ACCURATE AS OF ANY PARTICULAR
DATE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK. AGENTINSURE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR
USE OF THE SITE. AGENTINSURE DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE, NOR DOES AGENTINSURE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY
BE OBTAINED BY USE OF THE SITE.
IN NO EVENT WILL AGENTINSURE BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR
TORT, ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, OR YOUR RELIANCE UPON
OR USE OF ANY INFORMATION CONTAINED IN OR ACCESSED FROM THIS SITE. YOUR SOLE AND
EXCLUSIVE REMEDY HEREUNDER IS FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
Other
Agreements:
These Terms of Use may be supplemented or amended by the terms of other
"click-through" agreements between you and AgentInsure found on our Site (the "Other
Agreements"). In such cases, you may be asked to expressly consent to the terms
of such Other Agreements, for example, by checking a box or clicking a button marked
"I agree." If the terms relating to the subject matter of these Terms of Use are
different than the terms of those Other Agreements, the of the Other Agreements
will supplement or amend these Terms of Use. Miscellaneous: These Terms of Use will
be governed by and interpreted in accordance with the laws of the State of Texas,
USA, without regard to any of its choice of law rules that might lead to application
of the law of another jurisdiction. Any dispute arising out of or related to your
access to or use of this Site will be brought only in the United States District
Court for the Northern District of Texas, Dallas Division, or, if federal subject
matter jurisdiction is lacking, then in any Texas state District Court located in
Dallas, Texas. By accessing or using this Site, you submit to the personal jurisdiction
of these courts and waive all objections to placing venue exclusively before them.
The prevailing party in any litigation will be entitled, in addition to any other
relief granted to it, to recover reasonable attorney's fees, expenses and costs
incurred in connection with the litigation. If any of these Terms of Use are determined
to be invalid or unenforceable by a court of competent jurisdiction, then the remaining
terms of use will remain in full force and effect, and the invalid or unenforceable
term or condition of use will be deemed superseded by a valid, enforceable term
or condition of use that matches the practical effect of the original provision
as closely as possible.
Questions and Suggestions
If you have any questions or suggestions regarding our Terms of Use, please contact
us at:
Webcetera, LP. 601
Silveron Blvd, Suite 170
Flower Mound, TX 75028
Attn: Customer Service