Welcome to Insurance321.com, a property of Insurance321, LLC. These Terms of Service ("Agreement") are a legally binding contract between you and Insurance321, LLC which we require all users to agree to as a condition of using our website.
Throughout this Agreement, you may see the terms, "we," "our," "us," "Insurance321, LLC," and "Insurance321.com." Where appropriate, these terms refer to us, Insurance321, LLC.
Additionally, the terms "Insurance321.com," "Insurance321," "site," "website," and "service" refer to our website, Insurance321.com, and its associated services, as is appropriate.
"You" and "your" refer to you, the person entering into this Agreement with Insurance321, LLC.
2. Description of Service
Insurance321 is a business insurance prospect portal. We connect businesses with expert local insurance agents according to the businesses location, industry and the coverage they need.
3. Basic Eligibility
In order to use our service, you must:
Even if you meet these requirements, we can choose not to let you use our service.
4. Refund Policy
We provide you with prospects to third party insurance providers. As such, you have to deal with any refund issues, breaches of contract, or any other issues with dissatisfaction with those parties.
5. Rules of Conduct
Don't lie. Lying to obtain goods or services is fraud, and in this case insurance fraud. Don't use bots, scripts, or aggregators to fill out any forms or take content from our website. This clogs our bandwidth, skews our data, and compromises our uniqueness (if you're copying our content). If you do this, you are breaching this Agreement.
As a part of this Agreement, you are agreeing to abide by all of these rules, and that we can sue you for a breach of contract if you don't follow these rules.
6. Intellectual Property
6.1 Your License to Us
You have to submit data to us to use our service. We need to store and analyze that data in order to provide you with insurance information. By using our service, you agree that you a) own the absolute intellectual property rights to any materials and information you publish or disseminate using our service and that, b) you grant to us an irrevocable, perpetual, universal license to use, publish, copy, disseminate, resell, and relicense such materials and information.
6.2 Our Intellectual Property (Get Your Own Ideas)
We distinguish ourselves from our competitors by developing unique brands, marks, services, and other content. Because of this, it is necessary that we vigorously defend all of our business branding content from infringement or other duplication by third parties. You agree that you will not use our trademarks or name, copy the "look and feel" of our website, or otherwise infringe on our trademark or trade dress rights. You agree that the prohibition of your copying of our "look and feel" is a contractual obligation in addition to any applicable intellectual property laws, and is in the nature of a non-competitive clause.
Our Warranty and Limitation of Liability are set forth herein. Different sections may or may not apply to you based on where you are located, notwithstanding the governing law provision of this Agreement. Our liability and warranty policies are as follows:
OUR SERVICE IS PROVIDED ON AN "AS IS" BASIS. THESE ARE THE STANDARDS YOU CAN EXPECT FROM OUR WARRANTY. AGAIN, EVERYTHING IS PROVIDED BY US IS ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FOR NON-INFRINGEMENT. WE DO NOT GUARANTEE OR PROMISE THAT THE WEBSITE OR PROMOTED SERVICES WILL BE ERROR FREE, THAT IT WILL ACCOMPLISH WHAT YOU DESIRE IT TO, THAT IT WILL BE SECURE, THAT IT WILL BE MISTAKE OR DEFECT FREE. WE DISCLAIM ANY WARRANTIES, WHETHER ORAL OR WRITTEN, THAT MAY BE ON OUR SITE, AND DISCLAIM ANY PROMISES OR GUARANTEES ABOUT PERFORMANCE, OR RESULTS. YOU BEAR THE RISK OF RELYING ON AND EVALUATING ANY CLAIMS MADE INCLUDING ANY CONTENT YOU CREATE, PROVIDE, OR SUBMIT VIA THE SERVICE. USE OF THE SERVICE IN ANY WAY MAY INADVERTENTLY LEAD TO THE TERMINATION, SUSPENSION, OR LIMITATION OF YOUR ACCOUNT, OR ANY OTHER PERSON'S ACCOUNT, ON ANY THIRD PARTY SITE THAT THE SERVICE MAY UTILIZE FOR SUBMITTING. YOU ARE RESPONSIBLE FOR ANY SUCH RISK OR LOSS.
9. Limitation on Liability
WAIVE OUR LIABILITY FOR THIRD PARTY CONTENT, AS WELL AS ANY SERVICES THAT MAY INCLUDE MATERIALS OR INTERACT WITH ANY THIRD PARTIES. WE DO NOT EVALUATE ANY CONTENT NOR ARE WE RESPONSIBLE FOR EDITING OR REMOVING IT, ALTHOUGH WE RESERVE THE RIGHT TO DO SO. SINCE WE HAVE NO CONTROL, WE DO NOT HAVE ANY LIABILITY, AND YOU WILL INDEMNIFY US FOR ANY LOSS THAT HAPPENS AS A RESULT OF YOUR USE OR MISUSE OF OUR SERVICE. YOU WILL NOT USE OUR SERVICE IN ANY WAY THAT VIOLATES THIS AGREEMENT, OR ANY THIRD PARTY RIGHTS, WHICH INCLUDE RIGHTS PROVIDED BY THE TERMS OF SERVICE OF ANY THIRD PARTY SITE CONNECTED WITH OURS. YOU AGREE THAT THE USE OF THE SITE AND SERVICES, INCLUDING ITS USE OR HOW IT SUBMITS ANY CONTENT IS DONE AT YOUR OWN RISK, IS YOUR OWN RESPONSIBILITY, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARE CAUSED TO YOU, US, OR ANY THIRD PARTY. WE WILL NOT BE RESPONSIBLE AND DISCLAIM ANY WARRANTY FOR YOUR USE AS IT PERTAINS TO YOUR COMPUTER, NETWORK, OR OTHER SYSTEMS, AND YOU AGREE THAT WE HAVE NO CONTROL OVER THE TRANSFER OR STORAGE OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING ANY FAULTS OR ERRORS IN SUCH COMMUNICATIONS.
EXCEPT FOR JURISDICTIONS WHERE THESE CLAUSES ARE PROHIBITED, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PERSON FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, COINCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF DATA, STATUTORY FEES, FINES, TAXES, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, REPUTATION, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE WERE ADVISED OF SUCH LOSSES, OR ANY OTHER LOSS THAT RESULTS FROM THE INABILITY TO USE THE SERVICE, IMPROPER OR UNAUTHORIZED USE OR ACCESS TO THE SERVICE, CONTENT THAT IS DISTRIBUTED, OR ANY INACCURATE OR OUT OF DATE CONTENT OR FAILURE TO POST CONTENT, OR ANY OTHER MATTER RELATING TO OUR SERVICE.
IN JURISDICTIONS WHICH DO NOT PERMIT US TO DISCLAIM THIS LIABILITY, YOU AGREE THAT WE SHALL BE LIABLE ONLY FOR THE MINIMUM AMOUNT OF DAMAGES REQUIRED BY LAW.
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU ARE AGREEING THAT YOU ARE RELEASING US FROM ALL CLAIMS, EVEN IF YOU DO NOT KNOW, OR DO NOT SUSPECT THAT THE EVENTS GIVING RISE TO SUCH CLAIMS EXIST AT THE TIME OF EXECUTING THIS RELEASE.
You hereby agree to indemnify us, our affiliates, employees, officers, advertisers, and any others associated with us for any damages that may result from your use of our services, whether they be to you or a third party.
You further agree that, in the event that a third party claim is brought against us arising from or relating to your use of our service, you have a duty to defend us against that claim, including bearing any reasonable attorneys' fees, court costs, or disbursements.
You agree that we may settle any or all such claims against us without defending against them in court, and that you will still have a duty to indemnify us for such settlements.
11. Choice of Law
You agree that this Agreement shall be governed solely by the laws of the State of Florida, and that the offer and acceptance of this Agreement are deemed to have occurred in the State of Florida.
12. Forum of Dispute
You agree that any dispute you may have arising from or related to this Agreement shall be brought solely within a court of competent jurisdiction located in the State of Florida, or if no court has such jurisdiction, then a court of competent jurisdiction which is closest to the State of Florida.
If no such court exists, you agree that disputes will be resolved according to the Marquess of Queensbury Rules..
You agree that if you fail to bring an action in accordance with these "Forum of Dispute" rules, we, or our counsel or other authorized representative, may make a motion seeking to dismiss your claim against us, and that you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements.
You agree that all attorneys' fees, costs, and disbursements relating to any dispute brought in compliance with these "Forum of Dispute" rules shall be awarded to the party which prevails in the suit, or, if each party is partially successful, then such attorneys' fees, costs, and disbursements shall be awarded proportionally according to the success and failure of each party's claim and/or defense.
13. Cancellation & Non-Waiver
We may cease providing our service to you at any time for any reason. If you or any other person are in breach of this Agreement, or engage in any other actionable conduct against us, we may not notice it, or we may simply choose not to take immediate or any action in regards to it. This shall not constitute a waiver of our right to enforce that breach within the applicable limitation period, or of similar breaches in the future, or of any other breaches. In other words, the fact that we do not enforce a legal right, whether it is against you or someone else, does not mean that we cannot choose to do so in the future.
14. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, including any liability otherwise established by this Agreement, if it is the result of events beyond our control, including, but not limited to, acts of God, alien invasion, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), emergency services lapses, communication disruption, failure or shortage of infrastructure, shortage of materials, errors by banks or credit card companies, postal or courier disruptions, or any other disaster beyond our control.
We may choose to amend this Agreement from time to time. When we amend it, we will post the amended version to our website's "Terms" page, along with the date that it was last amended so that you know whether there are any changes. You have to check back at this page each time you visit the site and read the document if it's changed since the last time you agreed to it. You have to agree to any amendments, and if you don't, you have to notify us immediately by e-mail.
Where two or more provisions in this Agreement conflict, Insurance321, LLC reserves the sole right to determine which provision shall remain in force.
Should any legislature, court of competent jurisdiction, or other entity which has the authority to do so, strike down or otherwise render void any provision of this Agreement, this Agreement shall remain in force as though it had been entered into without that voided provision.
We may assign any of our rights or obligations under this Agreement to a third party, including such cases, but not limited to, the sale or our business to another entity. You may assign your rights or obligations under this Agreement to a third party only with our prior written consent.
Our address for service for any legal claims or notifications is:
Insurance 321, LLC
8796 SW 8 ST
Miami, FL 33174