These Terms govern your use of the One Nine Insurance Website and any online interfaces to other Websites (collectively, the “Website”). These Terms of Use constitute a legally binding agreement between you and One Nine Insurance; please read them carefully. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE.
We reserve the right to change these Terms of Use from time to time in our discretion. Changes will be posted to this webpage. When we make any changes, we will post the effective date of the update on these Terms of Use. We encourage you to return to this webpage frequently so that you are aware of our current Terms of Use. Your continued use of the Website after the Effective Date of any update constitutes your acceptance of the amended Terms of Use. The amended Terms of Use supersede all previous versions.
These Terms of Use provide that all disputes between you and One Nine Insurance will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled, “Dispute Resolution; Arbitration Agreement” for the details regarding your agreement to arbitrate any disputes with One Nine Insurance.
The Website and all the information, files, documents, text, photographs, images, audio, video, Trademarks and other materials which it contains (collectively, the “Content”) are the property of One Nine Insurance or its licensors, as applicable. The trademarks, logos, and service marks (the “Trademarks”) displayed on the Website are the property of One Nine Insurance or other parties and consist of registered or unregistered Trademarks. The Website and Content are protected by copyright and trademark laws. You should presume that everything on the Website is copyrighted unless otherwise noted. The Content and the Trademarks may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except as specifically provided in these Terms of Use or for purposes approved in writing by One Nine Insurance and/or any third party we deem necessary. All rights not expressly granted herein are reserved to us and our licensors. One Nine Insurance reserves the right to enforce its intellectual property rights through civil and criminal proceedings.
We authorize you to view or download or copy the Content on the Website solely for your personal, non-commercial use if you do not remove the copyright and other proprietary rights notices that are contained in the Content. Any copy you make and distribute for any purpose must also include these Terms of Use. You may not copy, distribute, sell, modify, transmit, create derivative works of, reproduce, publish, or use, in whole or in part, any Content except for purposes explicitly authorized by these Terms of Use or approved in writing by One Nine Insurance or any third party we deem necessary. Content and features are subject to change or termination without notice, in our editorial discretion.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (a) accessing data not intended for your use or logging onto a server or an account for which your use or access is not authorized; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Website or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to:
One Nine Insurance may change, suspend, or discontinue the Website, including the availability of any Content for any reason.
In the event access to the Website or a portion thereof is restricted to authorized users by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share with or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Website may be revoked by One Nine Insurance at any time with or without cause. You agree to defend, indemnify and hold us, our officers, managers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your breach of these Terms of Use or violation of applicable law, your use of, or access to, the Website, or access to the Website by anyone using your user ID and password.
If you violate any of these Terms of Use, your permission to use the Website and Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
If you request insurance or other products through this Website, the insurance, employee benefits and/or bonds that One Nine Insurance may provide to you are described on the Website. Use of the Website is governed by these Terms of Use and your purchase of any product will be transacted with One Nine Insurance or applicable companies and the terms regarding the insurance, employee benefits or bonds purchased by you shall be supplied by One Nine Insurance and/or the other companies. With respect to insurance, employee benefits or bonds purchased through One Nine Insurance, your policy, or terms, not the statements on the Website, form the contract between the insured and the company issuing the insurance or benefits or bonds.
(a) Accuracy and Integrity of Information; Colors
Although One Nine Insurance attempts to ensure the integrity and accuracy of the Website, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website and Content thereon. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. If an inaccuracy arises, please inform One Nine Insurance so that it can be corrected. Information contained on the Website may be changed or updated without notice.
We have used reasonable efforts to accurately display the image, colors and appearance of the services that are available on the Website. However, as the actual image, appearance, and colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any image, color or appearance will be accurate.
One Nine Insurance does not take payments online; however, third party insurance companies may accept credit and debit cards issued by banks and other payment and billing methods that may be designated by the third-party insurance company or other company at the time of purchase online through a link to their Website. You represent and warrant that if you are making online payments to a third party insurance company through the link that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
If you submit to us, or post any comments, questions, information, or other materials on the Website (“User Generated Content”), it will be treated as non-confidential. You agree not to provide any User Generated Content that (a) is defamatory, vulgar, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, (c) contains advertising, promotion or solicitations, or contains hyperlinks to other websites that violate the Terms of Use; or (d) contains or transmits a virus or any other harmful component. As a rule, you should avoid sharing Personal Information in online forums. You represent and warrant to One Nine Insurance that you have the legal right and authorization to provide all User Generated Content to One Nine Insurance for the purposes and One Nine Insurance’s use as set forth herein. One Nine Insurance shall have a fully paid, royalty-free, non-exclusive, unrestricted, irrevocable, sub-licensable, transferable right and license to use the User Generated Content however One Nine Insurance desires, including without limitation, to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, and otherwise copy, modify, delete in its entirety, adapt, publish, translate, and sell such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology except for information covered by the Privacy Policy. One Nine Insurance is and shall be under no obligation (i) to maintain any User Generated Content in confidence; (ii) to pay to you any compensation for any User Generated Content; or (iii) to respond to any User Generated Content.
One Nine Insurance reserves the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Website. You grant One Nine Insurance the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, provide Personal Information which you are not specifically permitted to provide, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you submit. One Nine Insurance and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify, and hold us, our officers, managers, directors, employees, affiliates, agents, attorneys, representatives, and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from any User Generated Content you post or allow to be posted to the Website.
We may provide links to third party websites and services to companies that we work with or that we think may be of interest to you. One Nine Insurance makes no representations whatsoever about any other website that you may access through this Website. When you access a non-One Nine Insurance website, please understand that it is independent from One Nine Insurance, and that One Nine Insurance has no control over the content on that website. In addition, a link to a non-One Nine Insurance website does not mean that One Nine Insurance endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to this Website, you do this entirely at your own risk. You are advised to read the terms of use and privacy notice of any third-party websites to which you connect when using the Website.
Unless otherwise set forth in a written agreement between you and One Nine Insurance, you agree not to create a hyperlink from any other website to our Website unless you obtain our written permission, and you must adhere to One Nine Insurance’s linking policy as follows: (i) any link to the Website must be a text only link clearly marked “One Nine Insurance ”or the name of the appropriate affiliate; (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with One Nine Insurance; (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by or associated with One Nine Insurance; (iv) when selected by a user, the link must display this Website on full-screen and not within a “frame” on the linking website; and (v) One Nine Insurance reserves the right to revoke its consent to the link at any time and in its sole discretion.
ONE NINE INSURANCE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS ON THE WEBSITE WILL BE CORRECTED. THIS WEBSITE, INCLUDING ANY CONTENT CONTAINED WITHIN IT, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ONE NINE INSURANCE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, CONTENT, AND LINKED WEBSITES. ONE NINE INSURANCE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
ONE NINE INSURANCE AND ANY THIRD PARTIES MENTIONED ON THIS WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, CONTENT, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ONE NINE INSURANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ONE NINE INSURANCE TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE, CONTENT, OR ANY LINKED WEBSITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims arising in connection with your use of the Website, any Content or any linked website must be brought within one (1) year of the date of the event giving rise to such action occurred.
By using the Website, you agree to defend, indemnify and hold us, our officers, managers, directors, employees, insurers, affiliates, agents, attorneys, and representatives harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Website.
We will try work in good faith to resolve any issue you have with the Website if you bring that issue to our attention. Nevertheless, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
Any dispute or claim relating in any way to your use of the Website will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms of Use as a court would. To begin an arbitration proceeding, either party must send a letter requesting arbitration and describing the claim to the other party. The arbitration will be conducted by one mutually acceptable arbitrator through the American Arbitration Association under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The American Arbitration Association’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration, if in person, will be conducted in Naples, FL. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association rules. In addition, YOU AND ONE NINE INSURANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY-GENERAL. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO BRING A CLAIM AS A PLAINTIFF OR AS A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Further, unless both you and One Nine Insurance agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this arbitration agreement is found to be unenforceable, then exclusive jurisdiction and venue for any claims will be in state or federal courts in the State of Florida. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such claim. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. You and One Nine Insurance both agree that you or One Nine Insurance may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
All matters relating to the Website and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
No waiver by One Nine Insurance of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the One Nine Insurance to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and our Privacy Policy constitute the entire agreement between you and us with respect to the use of the Website and Content.
The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.
Please send all questions, comments, and notices regarding these Terms to:
One Nine Insurance
4851 Tamiami Trail
Suite 200
Naples, FL 34103
Phone : 954-406-7549
Email : info@onenineinsurance.com
ONE NINE INSURANCE & FINANCIAL GROUP
(National Headquarters) 780 Fifth Ave. South, Suite 200, Naples, FL., 34102, United States
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