Three Sixty Insurance Website Terms, Conditions and Notices
Welcome to the Three Sixty Insurance website (the “Website”). The terms “we”, “us”, “our” “Three Sixty Insurance” and “TSI” refer to Three Sixty Insurance LLC, a Delaware limited liability company and/or our subsidiaries. The term “you” refers to the customer visiting the Website.
The Three Sixty Insurance website is a service of Three Sixty Insurance LLC. Neither Three Sixty Insurance nor its parent company, Third Rail Media Group is a licensed broker, carrier or direct provider of insurance products or services. Three Sixty Insurance is an online marketplace connecting/matching consumers with insurance companies and the agents/brokers of insurance companies.
USE OF THE WEBSITE
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and its terms which may change from time to time, and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.
PROHIBITED ACTIVITIES AND CONDITIONS OF USE
The services offered to you by Three Sixty Insurance are only available to individuals who (1) can enter into legally binding contracts under applicable law and who are over eighteen (18) years of age; (2) all information that you provide to us in connection with the Website (e.g., name, e-mail address, and other information) is true and accurate and; (3) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
Additionally, you agree not to:
· (i) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
· (ii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
· (iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· (iv) deep-link to any portion of this Website for any purpose without our express written permission; or
· (v) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
· (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by TSI in connection with the Website or the services;
· (viii) use the Website for any purpose or in any manner that violates any law or regulation.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than TSI. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
RIGHT TO USE WEBSITE AND THIRD PARTIES
This Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Website conditioned on your continued compliance with the terms of this Agreement. You may print and download materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein.
You understand and agree that TSI is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, insurance services or other third party service provider, sponsored products and/or services, or for any dispute between you and any third party service providers. You understand and agree that TSI shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any third party service providers or for any omissions, errors, representations, warranties, breaches or negligence by any third party, including but not limited to third parties who obtained your information by your use of the Website.
You agree to use the Website and services provided at your own risk. Under the terms of this Agreement, participants agree that TSI is not liable for any incidental, indirect, consequential or exemplary damages, including (but not limited to) personal injury/wrongful death, damages to computer hardware, software failures, data failures, loss of profit, damages to goodwill, telecommunication equipment failures, or any other equipment failures or damages.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THREE SIXTY INSURANCE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. THREE SIXTY INSURANCE, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “THREE SIXTY INSURANCE GROUP COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION.
THE THREE SIXTY INSURANCE GROUP COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE THREE SIXTY INSURANCE GROUP COMPANIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE THREE SIXTY INSURANCE GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE THREE SIXTY INSURANCE GROUP GROUP COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THREE SIXTY INSURANCE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD-PARTY SUPPLIERS PROVIDING INSURANCE OFFERINGS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE THREE SIXTY INSURANCE GROUP COMPANIES. THE THREE SIXTY INSURANCE GROUP COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. IN NO EVENT SHALL THE THREE SIXTY INSURANCE GROUP COMPANIES (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the Three Sixty Insurance Group Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of this Website or services offered through TSI, then the Three Sixty Insurance Group Companies’ liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to TSI for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Three Sixty Insurance Group Companies.
You agree to defend and indemnify Three Sixty Insurance and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
· (i) your breach of this Agreement or the documents referenced herein;
· (ii) your violation of any law or the rights of a third party; or
· (iii) your use of this Website or our services.
JURISDICTION AND GOVERNING LAW
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Delaware, United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in Delaware, U.S. and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Three Sixty Insurance arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the State of Delaware. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of State of Delaware and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
If you have any questions regarding this Agreement you may contact Three Sixty Insurance LLC by (1) mail at 1000 N West St, Suite 1200, Wilmington, DE, 19801 or (2) by email to Three Sixty Insurance LLC at email@example.com.