Simply Insurance Website Terms & Conditions of Use
Welcome to https://www.simplyinsurance.com/ (the "Site"). The Site is owned and operated by Simply Insurance LLC ("Simply Insurance™," "we," "us," or "our"). The terms of use detailed below (the "Terms of Use") govern your access to and use of the Site and the services that we make available to you through the Site (the "Services"). These Terms of Use are a legal contract between you and Simply Insurance™. By accessing or using the Site or any of the Services, you hereby agree to these Terms of Use, and you warrant that you are at least 18 years of age or the age of majority in your jurisdiction. If you do not agree with these Terms of Use, then please do not use the Site or the Services.
These Terms of Use are effective as of the "Last Updated" date specified above. We may change these Terms of Use at any time, and we will notify you of any material changes by posting a message on our home page. Your continued use of the Site or Services after any such change will constitute your acceptance of any modified terms.
Collection and Use of Personal Information
Your use of the Services may involve the transmission to us of certain personally-identifiable information. Our policies with respect to our collection and use of such information are set forth in our Privacy Policy, which is hereby incorporated by reference in its entirety.
The Services
The Services may include our preparation of quotes and brokering and transacting of sales to you of third-party insurance products. We are a licensed independent insurance broker. We do not underwrite any insurance policy made available to you through the Services. Any insurance policy premium quotes or ranges displayed on the site or through the Services are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application submission. Insurance products and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The third-party insurance products offered for sale through the site are only available in the jurisdictions in which we are properly licensed.
Your use of certain Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable third-party insurance carriers. Any third-party insurance products purchased by you through the Site are subject to the terms and conditions of the applicable insurance carrier. In the event of a conflict between these Terms of Use and the terms of any such other terms, the terms of such other terms will control.
Intellectual Property
The Site contains material, such as text, graphics, images, and other material provided by or on behalf of us, and through your use of the Services you will be provided with additional information from us, all of these materials and information are collectively referred to herein as the "Content." The Content is owned by us or our licensors and is protected under both United States and foreign laws. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the Site, which are registered and unregistered trademarks or service marks of ours or our licensors.
You shall not: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Content for any purpose other than your own personal use; (iii) remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content; (iv) sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose; or (v) use or post the Content on any other website or in a networked computer environment.
Unsolicited Information
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information"), you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED "AS-IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT.
ANY AND ALL INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS. ANY AND ALL QUESTIONS, CONCERNS OR DISPUTES WITH ANY SUCH PRODUCTS SHOULD BE RAISED WITH THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS AND NOT WITH US.
IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, ANY SERVICE, OR ANY CONTENT IS TO STOP USING THE SAME.
External Sites
The Site may contain links to third-party websites, including, without limitation, the websites of the insurance carriers offering the third-party insurance products made available to you through the Services ("External Sites"), but we do not endorse and we are not responsible for the content of any linked External Sites. Before using any External Site, please refer to the terms of use and privacy policies of the External Sites for more information.
Indemnification
You shall defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; or (ii) your access to, use, or misuse of the Site, any Services or any Content.
Termination
We may terminate these Terms of Use and your access to all or any part of the Site or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Services at any time without prior notice or liability.
Miscellaneous
In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect.
This section, the section entitled Indemnification, and the sections entitled Disclaimer, Limitation of Liability and Intellectual Property shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia.
Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in Atlanta, Georgia.
These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.