TERMS OF SERVICE
Last Updated: 7/7/2023
These
Terms of Service (these “terms”) contain the general terms and conditions that
apply to customers and visitors (collectively, “users,” or “you”) of Collins
Insurance services, including those made available through this website, such
as access to online ordering, contact us features, and the Collins Insurance platform,
as well as other digital resources and communications (collectively, the
“services”). Collins Insurance is a limited liability company organized and
operating under the laws of the State of Iowa, having its principal place of
business in Iowa.
These
terms are an agreement between you and Collins Insurance. Please read these terms carefully as they
govern your conduct on this website and your use of the services. These
terms are incorporated into and are supplemental to Collins Insurance Privacy Policy, as
well as any other specific, written agreements you may have with Collins
Insurance with respect to a good or service.
By
using Collins Insurance services, such as by implementing the platform, you
accept and agree to be bound by and abide by these terms. By using these
service you represent and warrant (a) you are eighteen (18) years of age or
older, or, if you are under the age of 18, your legal guardian has reviewed and
agreed to these terms on your behalf; (b) you have good right, title, and authority
to enter into these terms on your own behalf and on behalf of any entity or
person whom you purport to represent (which entity shall be considered part of
you for purposes of these terms); (c) the use of these services and the
entering into of these terms has been duly authorized and approved by any
entity or person whom you represent; and (d) effective as of the date you first
use the services, these terms constitute valid and binding obligations
enforceable against you as described herein. If you do not agree to these terms, if your
legal guardian has not read and agreed to these terms on your behalf, or if you
are unable to make the foregoing representations and warranties, you must not
use Collins Insurance services.
Please
note the information made available through the services has been compiled from
both internal and external sources. Such information may include data prepared
by third parties and provided by us or obtained from sources we believe to be
reliable, but we cannot and do not guarantee the accuracy, timeliness, or
completeness of such information for any particular purpose. Such information
is inherently subject to change without notice and may become dated. You agree
that we will not be responsible for any loss you experience resulting from your
reliance on such information. We use reasonable efforts to make sure the
information made available through our services is accurate and up to date,
however, we do not represent or warrant that the information contained therein
is accurate, compete, or fit for your particular purpose, and you should always
verify any information obtained through our services before you act upon it.
1.
GRANT
OF LICENSE
The
services, including all displays, images, video, and audio, as well as the
design, selection, and arrangement thereof, are owned and provided by Collins
Insurance.
Collins
Insurance hereby grants you a non-exclusive, non-transferable,
non-sublicensable, worldwide license to use the services subject to the
restrictions in these terms. Collins Insurance expressly reserves any rights
not expressly granted herein. You are solely responsible for any hardware,
software, and telecommunications necessary to access the services and Collins
Insurance makes no warranty or guaranty that the services will always be
available or will not change.
2.
LICENSE
AND USE RESTRICTIONS
Except
as expressly authorized under these terms, you may not:
·
copy, modify, or create derivative works of the services, in
whole or in part;
·
rent, lease, lend, sell, license, sublicense, assign,
distribute, publish, transfer, or otherwise make available the services;
·
reverse engineer, disassemble, decompile, decode, adapt, or
otherwise attempt to derive or gain access to any software component of the
services, in whole or in part;
·
remove any proprietary notices from the services;
·
use the services in any manner or for any purpose that
infringes, misappropriates, or otherwise violates any intellectual property
right or other right of any person, or that violates any applicable law;
·
combine or integrate the services with any software, technology,
services, or materials not authorized by Collins Insurance;
·
design or permit any applications to disable, override, or
otherwise interfere with any Collins Insurance communications to end users,
consent screens, user settings, alerts, warning, or the like;
·
use the services to replicate or attempt to replace the user
experience of the services in another application;
·
attempt to cloak or conceal your identity when requesting
authorization to use the services;
·
use the services in connection with or to promote any products,
services, or materials that constitute, promote, or are used primarily for the
purpose of dealing in spyware, adware, or other malicious programs or code,
counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution
of email (“spam”), multi-level marketing proposals, hate materials, hacking,
surveillance, interception, or descrambling equipment, libelous, defamatory,
obscene, pornographic, abusive, or otherwise offensive content, stolen
products, and items used for theft, hazardous materials, or any illegal
activities;
·
bully, intimidate, harass any user or use the services in any
manner that is threatening, abusive, violent, harmful, or invasive of another’s
privacy;
·
use the services to collect, disclose, or otherwise process
another’s personal information without their consent or in any way in violation
of applicable law;
·
impersonate another user or any other person or entity, or
otherwise falsely state or misrepresent your affiliation with a person or
entity;
·
use the services in any manner that is harmful to minors,
including, without limitation, by transmitting or posting any content on the
services that violates child pornography or sexual exploitation laws; or
·
use the services in any manner that Collins Insurance determines
in its reasonable discretion is abusive or harmful.
You
also agree that you shall only use the services in a manner that complies with
all applicable laws in the jurisdictions in which you use the services, and
that you shall not violate or infringe the rights of any third party. Any
such forbidden use shall immediately and automatically terminate your license
to use the services without notice. As noted throughout these terms, Collins
Insurance expressly reserves the right to terminate your license to use and
access to the services without notice at any time in its sole discretion.
3.
TERM
AND TERMINATION
These
terms shall apply so long as you are using the services. Collins Insurance may
terminate your access to the services at any time for any or no reason. Upon
termination of your access to the services, you shall immediately discontinue
use of the services. These terms shall survive termination of the services to
the extent applicable.
4.
MODIFICATION
OR DISCONTINUATION OF SERVICES
Collins
Insurance may, in its sole discretion and at any time, modify or discontinue
the services in whole or in part. Collins Insurance may discontinue its
services at any time without notice. Any dated information is published as of
its date only and we do not undertake any obligation or responsibility to
update or amend any such information.
Your
standard data and messaging rates apply to the devices you use to access the
services.
5.
PROPRIETARY
RIGHTS
The
services, including, without limitation, any of Collins Insurance internet
operations, design, content, hardware designs, algorithms, software (in source
and object forms), user interface designs, other templates and designs,
including, without limitation, templates and designs of goods offered or sold,
algorithms, architecture, class libraries, and documentation (both printed and
electronic), know-how, good will, moral rights, trade secrets and any related
intellectual property rights throughout the world, and any derivative works,
improvements, modifications, enhancements or extensions thereof shall remain
the sole and exclusive property of Collins Insurance, and you shall have no
interest in them whatsoever.
All
right, title, and interest in and to the services, except for information and
content generated by you and third parties, are and will remain our exclusive
property. Our intellectual property rights in the services are protected by
copyright and trademark laws of the United States and international treaties,
as well as other domestic and international laws. Nothing in these terms gives
you a right to use our trademarks, logos, domain names, and other distinctive
brands. There is also nothing in these terms that gives you the right to copy
the services, to copy any feature or portion of the services, or create a derivative
of the services, all of which is expressly prohibited. Unless prohibited by
law, any feedback, comments, or suggestions you may provide regarding the
services are entirely voluntary and we will be free to use your feedback,
comments, or suggestions as we see fit and without any obligation or approval
to you whatsoever.
Subject
to the foregoing and consistent with applicable law, you will retain all
ownership rights in any user content, that being the information you provide on
the services. The template, tools, or features made available through the
services to display such user content, however, remains owned solely and
exclusively by Collins Insurance. Further, to the extent permitted by law, you
grant Collins Insurance a limited, non-exclusive, sublicensable (as necessary
to perform the services), worldwide, royalty-free, and transferable (but only
to a successor) right and license to use user content as necessary to provide,
improve, and make the services available to you and other users. You agree we
may use any user content that has been anonymized or aggregated may be used for
any lawful purpose, subject to Collins Insurance Privacy Policy and any other
agreement between Collins Insurance and you. In any event, we will treat all
personal information consistently with our Privacy Policy.
6.
SUBMISSIONS
OF OTHERS
You are
solely responsible for the contents of your transmissions through the services.
Your use of the services is subject to all applicable local, state, national
and international laws and regulations and the license and use restrictions set
forth above.
You
agree to monitor the use of the services by any other person, whether an
employee, agent, or otherwise, who is acting on your behalf, at your direction,
or using your online account, for any activity that violates applicable laws,
rules, and regulations or any of these terms, including any fraudulent,
inappropriate, infringing, or potentially harmful behavior, and promptly
restrict any offending users of the services from further use of the services.
You agree to provide a resource for users of the services to report abuse of
the services at your operations. As between you and us, you are responsible for
all acts and omissions of your end users in connection with yours and their use
of the services. You agree that you are solely responsible for posting any
privacy notices and obtaining any consents from your end users required under
applicable laws, rules, and regulations for their use of the services and you
represent and warrant that you have provided such notices and obtained such
consents before submitting or allowing end users to submit information to us.
7.
INDEMNIFICATION
You
agree to immediately notify Collins Insurance of and indemnify and hold Collins
Insurance, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third party due to or arising out of your use of the services,
(including the unauthorized use of your account or any other breach of security
attributable to your use of the services), the violation of these terms by you,
or the infringement by you, or another user using your computer, on any
intellectual property or other right of any person or entity.
Certain
states’ applicable laws may limit or exclude these indemnification obligations.
If you reside in such a jurisdiction, this section or certain aspects thereof
may not apply to you. In such cases, this section applies to you in the fullest
extent permitted by law.
8.
DISCLAIMER
OF WARRANTIES
You
understand and agree that we cannot and do not guarantee or warrant that files
available for downloading from the Internet or the services will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,
DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL
POSTED ON THE SERVICES OR ANY OTHER SERVICE OR WEBSITE LINKED TO THE SERVICES.
YOUR
USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES
OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER COLLINS INSURANCE NOR ANY PERSON ASSOCIATED WITH COLLINS
INSURANCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COLLINS INSURANCE NOR ANYONE
ASSOCIATED WITH COLLINS INSURANCE REPRESENTS OR WARRANTS THAT THE SERVICES,
THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
TO THE
FULLEST EXTENT PROVIDED BY LAW, COLLINS INSURANCE HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE
LAW.
AS
INDICATED ABOVE, CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS. IN SUCH CASES, COLLINS INSURANCE WILL HAVE DISCLAIMED ALL SUCH
WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
9.
LIMITATION
OF LIABILITY
TO THE
FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COVERAGE DIRECT, ITS
AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE
SERVICES, ANY WEBSITES OR SERVICES LINKED TO IT OR ANY CONTENT OR SERVICES ON
THE ONLINE SERVICES OR SUCH OTHER WEBSITES OR SERVICES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING,
WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
AS
INDICATED ABOVE, CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN
DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH
CASES, COVERAGE DIRECT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
10.
FEES AND CHARGES
Access
to and use of many aspects of our services are free. You may choose to purchase
products or services from us while using our services, which may result in
charges and fees to you. We will inform you in advance of any such charge or
fee. By submitting payment information for an accepted method of payment
(“Payment Method”) through our services, you authorize us to charge you these agreed-upon
amounts, as well as any applicable taxes to your Payment Method. You will not
be entitled to any refund of charges, fees, or taxes except as expressly
provided herein, or as required under applicable law.
Collins
Insurance and its partner brokerages, risk management, underwriting services,
and other consultants may directly or indirectly receive commissions, fees, or
interest as compensation for their services or products, or for holding
capital. If you have any questions regarding the nature or amount of the
compensation paid to Collins Insurance or its partners, we encourage you to
contact us.
11.
NOTICES
Unless
otherwise provided herein, notices given by Collins Insurance to you will be
given by email. Notices will be sent to the email address you provide to Collins
Insurance as part of the registration process, or to updated addresses which
you provide to Collins Insurance via notice consistent with this paragraph.
Notices given by you to Collins Insurance must be given by email to info@collinsinsurance.org or
such updated address and number as Collins Insurance may provide you
consistently with this notice provision. Notwithstanding anything herein to the
contrary, it is your sole responsibility to update your address for notices
hereunder, and notice sent to the email address last provided by you to Collins
Insurance shall be valid and binding on you regardless of whether such
address has been changed, canceled, has expired, has been terminated, or
otherwise becomes inoperative.
12.
GOVERNING
LAW AND DISPUTE RESOLUTION
These
terms shall be governed by and construed in accordance with the laws of the
State of Iowa notwithstanding any conflict of law’s provisions. You irrevocably
and unconditionally: (i) consent to submit to the exclusive jurisdiction of the
state and federal courts of Iowa (the “Iowa Courts”) for any litigation or
controversy arising out of or relating to these terms, (ii) agree not to
commence any litigation arising out of or relating to these terms except in the
Iowa Courts and (iii) agree not to plead or claim that such litigation brought
therein has been brought in an inconvenient forum.
13.
GENERAL
If any
provision of these terms is held by a court of competent jurisdiction to be
contrary to law, then such provision shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions remaining in
full force and effect. Any failure to exercise or enforce any right or
provision of these terms shall not constitute a waiver of such right or
provision unless acknowledged and agreed to in writing. The section titles in
these terms are solely used for the convenience of the parties and have no
legal or contractual significance. These terms may be assigned in whole or in
part by Collins Insurance These terms may not be assigned in any manner by you
without the express, prior written permission of Collins Insurance.
Our failure
to enforce any right or provision of these terms will not be deemed a waiver of
such right or provision. Any waiver will be in writing and signed by the
waiving party.
We may
revise these terms at any time in our sole discretion by posting such revised
terms the terms page (i.e., this webpage that you are currently viewing) or
elsewhere in this site. Subject to applicable law, we may or may not contact
you directly regarding any change to these terms. Accordingly, we recommend you
review these terms on a regular basis for changes, consulting the last modified
date above. Unless otherwise provided by law, continued use of our services
following any change constitutes your acceptance of the change.
14.
CONTACT
If you
have questions regarding these terms, please contact us at info@collinsinsurance.org.