Your Acceptance of this Agreement
The materials and services on this website are provided “as is” and for information purposes only. InsurTech ATX, LLC makes no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. InsurTech ATX, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose or non-infringement of other’s rights. InsurTech ATX, LLC does not warrant that the web site will operate error free or is free from viruses, worms, Trojan horses or other destructive or harmful code.
The information contained in this site presents only a general description of insurance coverage you might purchase. The precise coverage provided to you by any insurer is subject to the terms and conditions of the insurance policy as issued. The insurance policy purchased, and not the general information in this site, forms the contract between you (the insured) and the insurance company. If you have any questions, please contact InsurTech ATX, LLC to obtain advice from a licensed professional before making any coverage decision.
Links from this site to a non-InsurTech ATX site may be provided for users’ convenience only. InsurTech ATX, LLC does not control or review these sites nor does the provision of any link imply an endorsement or association of such non-InsurTech ATX, LLC sites. InsurTech ATX is not responsible for and makes no representation or warranty regarding the contents, completeness or accuracy or security of any materials on such sites. If you decide to access such non-InsurTech ATX sites, you do so at your own risk.
Representations About Customer
You represent and warrant to us that you have the power and authority and are of sufficient legal age to enter into this Agreement. You agree to not pretend that you are, or that you represent, someone else, or impersonate any other person or entity. You represent and warrant that the information that you provide to us will be current, true, accurate, supportable and complete, and that if you provide incorrect or incomplete information it may affect the value of the Website to you. The Website is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through our Website. Thus, as a condition to using our Website, you represent and warrant to us that you are at least 13 years of age. If you are 13 or older but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and that they agree to it on your behalf.
As a condition to using certain features of Our Services, You may be required to register and create a username and password on Our Website or a vendor website. You may not select a username intended to impersonate another person or identity, that is subject to rights of another person or identity, or that is obscene or vulgar. We reserve the right to refuse or cancel registration of any username in Our sole discretion. You are responsible for maintaining the confidentiality of Your username and password. You further agree to notify Us immediately, at email@example.com or firstname.lastname@example.org if You become aware of any unauthorized use involving Your username and password.
Intellectual Property with Respect to the Website
The InsurTech ATX, LLC logo is a registered trademark of InsurTech ATX, LLC. All other trademarks, service marks, trade names, logos and icons, registered or not, are the property of InsurTech ATX or third parties which may be indicated. Other materials, including video, sound recordings and images, on this web site are a copyright of or proprietary to InsurTech ATX or are used with the consent of the owner. The contents of this site are protected by copyright, trademark or other intellectual property laws of the U.S. or in some instances, foreign laws. Unauthorized use may violate copyright, trademark and other laws.
You may copy or print materials of InsurTech ATX from this site limited solely for your noncommercial, personal use unless otherwise indicated. You must retain any and all proprietary or copyright notices. You may not copy, transmit, distribute, modify, publicly perform, reuse, sell, or display any of the contents of this web site for any public or commercial purpose except with the prior written consent of InsurTech ATX, LLC or the owners of the materials. You may not use the contents in any other web site or in a network computer environment.
The content of this Website is ours and is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Website and all related intellectual property not expressly granted under this Agreement. If you submit comments, suggestions, ratings, or other feedback regarding the Website or your experience (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you. Except as stated herein, none of the content may be used, copied, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written permission.
Restrictions on use of the Website
You may not rent, lease, lend, sell, redistribute, reproduce or sublicense the Website. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit or interfere with the Website in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.
Intellectual Property Rights
Any information, advice, data, software, or other content, which may be contained in or downloaded from Our Services (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, Us or Our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). Any access You may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of Our rights and does not entitle You or any third party to any ownership or intellectual property rights.
You are solely liable for any damages arising from Your infringement of Our or any third-party intellectual property rights with respect to the Trademarks, Content, Collective Work, or Software. You are solely responsible for any harm incurred to Us or Our affiliates as a direct or indirect result of You copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of these Terms of Service.
Limitations on Availability
The Website is controlled and operated by InsurTech ATX, LLC from within the United States. The Website or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Website is available or permitted in any particular location. Use of the Website is void where prohibited. You use the Website at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Website as required by law.
Third Party Offerings
InsurTech ATX, LLC provides tools to obtain estimates or quotes and certain other information concerning third-party product and service providers, such as Service Providers. InsurTech ATX, LLC is not responsible for either the availability of these Service Providers or their offerings, including for any products or services you may obtain by contacting any of them as a result of your use of the Website or the features hereof. We make no guarantees regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. InsurTech ATX, LLC does not necessarily guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available. InsurTech ATX, LLC does not necessarily validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any products or services that they may offer or provide to you and that InsurTech ATX, LLC shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. InsurTech ATX, LLC always recommends the advice of financial advisors, legal counsel, or other qualified professionals who are fully aware of your individual circumstances before you make any insurance decisions. You acknowledge and agree that you rely solely on your own judgment and that of your advisors in selecting any products or services offered by Service Providers.
We are a licensed independent insurance broker and offer advisory, risk management and other services in relation to Your insurance planning requirements. You understand and agree that We are not an insurance company or similar provider of products or services, and as such, do not make any coverage determinations. All insurance products offered by InsurTech ATX, LLC, a licensed insurance broker.
Your Consent to Our Use of Your Data
We also may collect information online when You visit Our websites or access Our Services from Your computer or other device, or interact with Us on or through social media.
Information You Submit to Us
In using Our Services, You may choose to communicate with Us by providing us with feedback, comments, questions, or proposals. In so doing, You agree that any content You submit to Us is not confidential or proprietary in nature, and does not impose upon Us any obligation or otherwise. Under no circumstance will Your submission of information obligate Lumen to pay You compensation. Any information You submit to Lumen immediately becomes Our property, and as such, We are entitled to use or disclose any such information at Our sole discretion, by any means or methods whether known now or in the future.
You may provide Your information as part of an attempted or completed request for a quote or offer for goods and services of a third-party vendor. In doing so, You agree to allow Lumen to use this information in any way consistent with the Terms of Service. When You submit contact information to Us as part of an attempted or completed request for a quote or offer for goods and services, You consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and services. This is true even if Your phone number is on any “do not call” list.
Communications with You About Your Insurance Needs
By providing your e-mail address and/or phone number (as the case may be) via InsurTech ATX, LLC’s Website, you authorize us and our associated insurance carriers to call you, email you, or text you concerning (i) your insurance needs or quote requests, (ii) any issue regarding our services and/or (iii) to provide information or offers that may be of interest to you, including in response to quotes you have requested from us or our associated insurance carriers. InsurTech ATX, LLC and its associated insurance carriers may contact you at any telephone number(s), cellular or otherwise, that you provide us. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing system (ATDS) technology to contact you. Message and data rates may apply. You also understand that your consent is not a condition of purchase.
We agree that you may withdraw your consent to be contacted. However, the following procedures must be followed. For emails, you may opt out of receiving e-mails at any time by unsubscribing as set forth in any email you receive from us. To withdraw your consent to be contacted by telephone, send a written “Notice of Revocation of Consent” to the following email address: email@example.com or firstname.lastname@example.org. In the Notice of Revocation of Consent, identify your full name and the telephone number(s) for which you wish to withdraw your consent.
If any of your telephone number(s) change, or if you cease to be the owner, subscriber or primary user of a telephone number you have previously provided, you agree to notify us immediately of such facts so that we may update our records.
IF YOU PROVIDE YOUR EMAIL TO US, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM US AND/OR OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT SUCH EMAIL ADDRESS MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
Disclaimer of Warranty
THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR ESTIMATES MIGHT BE WRONG. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE DISCRETION AND RISK.
Limitation of Liability
IN NO EVENT SHALL InsurTech ATX, LLC BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, WARRANTY, RELIANCE, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, InsurTech ATX, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO US BY YOU FOR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF DAMAGES OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. FOR EXAMPLE, IN NEW JERSEY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY DUE TO INTENTIONAL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE OR VIOLATION OF A LEGAL DUTY IMPOSED ON InsurTech ATX, LLC UNDER NEW JERSEY LAW.
Notification of Changes
This Agreement may be modified by InsurTech ATX, LLC at any time by updating and posting a new version of it on the Website or by otherwise notifying you of the revised Agreement. At its discretion, InsurTech ATX, LLC may amend these Terms from time to time. We will post any such material changes to Our Website along with a notice indicating that these Terms have changed prior to the effective date of these changes, when practicable. By subsequently using the Website, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
In the event InsurTech ATX, LLC may choose or become obligated to provide You with notices under or related to these Terms, You consent to receive such notices or related communications by InsurTech ATX, LLC posting them on Our Website, by sending them to You via an email address You provided, or by sending them to a postal address You provided, at Our discretion. You further agree that any such communication as described herein satisfies any legal requirement that the communication must be provided in writing.
U.S. Government Restricted Rights
The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. You also agree that the state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any claim or dispute arising out of this Agreement or relating to your use or visitation of our Website, and you hereby consent to the personal jurisdiction and venue of the federal and state courts sitting in Travis County, Texas. If any provision or provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or be impaired thereby. You agree that any dispute between you and InsurTech ATX, LLC arising from your use of this web site shall be brought exclusively in the state or federal courts of competent jurisdiction in Texas.
The invalidity of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision shall be enforced, and reconstructed if need be in a way that best embodies the intent of this Agreement, to apply to the maximum extent allowable under applicable law. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
InsurTech ATX’s Right to Contact You
You authorize Lumen to contact You with relation to Our Services and products if You expressly provide us with Your contact information in connection with Our Services or the products or services offered through Our Services. This authorization is without regard to any “do not call” list registry.
If You have any questions about these terms or wish to notify Us in relation to Your use of Our Services, You may contact us by email at email@example.com or firstname.lastname@example.org.