TERMS OF USE
Welcome to Insurancecloud365.com. Insurance Cloud 365 requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement”). By accessing, browsing or using this website, or any page thereof or services offered, (collectively, “Website”) through any direct or indirect means, you accept and agree to be bound by these Terms of Use and Insurance Cloud 365’s Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference. Together, the Terms of Use and Privacy Policy constitute a legally binding Agreement by and between you and Insurance Cloud 365 concerning your use of the Website. For purposes of this Agreement the terms "You" or "Your" means the person(s) using the Website. If You do not agree to these Terms of Use and the Privacy Policy, you are not authorized to access or use the Website and You are to cease accessing or otherwise using the Website.
NOT AN INSURANCE COMPANY:
Insurance Cloud 365 IS NOT AN AGENT, REPRESNTATIVE OR BROKER of INSURANCE COMPANY, and does not sell or issue insurance of any kind. Insurance Cloud 365 does not endorse or recommend the products of any particular insurance company. Insurance Cloud 365 is not an agent, representative or broker of either You, or any insurance company you may interact with as a result of this Website. Insurance Cloud 365’s services are strictly administrative. This Website does not constitute an offer and the completion of any form and/or document associated with this Website in no way guarantees that you will obtain insurance. Any insurance inquiry submitted is NOT an application for insurance, but rather, it is a request to be matched with insurers, so as to receive insurance offers.
RELATIONSHIP AND OBLIGATION REGARDING INSURERS:
Please be advised that prices and terms may vary between insurers and that the cost and coverage of insurance are not within the control of Insurance Cloud 365. You acknowledge and agree that any agreement, policy and/or any type of contract (“Contract”) for insurance is entered into directly between You and the insurer. You expressly acknowledged that Insurance Cloud 365 is not a party to any Contract between You and any insurer and that Insurance Cloud 365, was not, is not and will not, be involved in any negotiations or any other such dealings that may relate to any Contract between You and the insurer. You acknowledge and agree that any and all rights, obligations, enforcement and performance of any Contract between You and the insurer are the sole responsibilities of You and the insurer.
LICENSE:
Subject to Your compliance with the Terms of Use made available on the Website, Insurance Cloud 365 grants to You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website for Your personal and non-commercial use. You expressly acknowledge and agree that the Website and/or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed. Except as expressly set forth herein, the Terms of Use does not and shall not grant any rights in or to the intellectual property of Insurance Cloud 365. In the event that You breach any provision of the Terms of Use, Your rights under this section will immediately terminate.
CONSENT TO COMMUNICATION:
By entering Your personal information into this Website or by completing an insurance request through this Website, You acknowledge that You are expressly granting Your consent to receive communications regarding offers and/or products that Insurance Cloud 365 and authorize Insurance Cloud 365 to contact You by phone, text and email (even if Your telephone number is listed on any internal, state or federal Do-Not-Call registry list ) and acknowledge that this communication may be delivered by use of an automated telephone dialer or other automated telephone dialing system and may contain an artificial or prerecorded message. You may opt out of receiving such communications at any time by texting “STOP” to “71988”. Consent to such communication is not a condition of purchase.
REPRESENTATIONS AND WARRANTIES:
You represent and warrant that (i) You are at least 18 years of age; (ii) You are authorized to enter into this legally binding agreement; (iii) You will not use this Website for any purpose or manner that violates any laws and/or regulations, or that infringes the rights of Insurance Cloud 365; (iv) that all information that You provide in connection with this Website (e.g. name, e-mail address, phone number, social security number, and/or other information) is true and accurate and will not violate any laws, regulations or infringe the rights of Insurance Cloud 365; and (v) You are authorized and able to fulfill and perform the obligations and meet the conditions specified herein.
WARRANTY DISCLAIMERS:
INSURANCE CLOUD 365 DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE OR TRADE. LIKEWISE, INSURANCE CLOUD 365 DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, SAFETY OR LEGALITY OF THE REQUESTED OR OFFERED INSURANCE, THE ABILITY OF INSURERS TO DELIVER INSURANCE, YOUR ABILITY TO OBTAIN INSURANCE.
PROHIBITED USES:
We impose certain restrictions on the use of the Website. You represent and warrant that You will not:
(a) violate or attempt to violate any security features of the Website or Services;
(b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, "Content");
(c) distribute, display, modify, transmit, resell, reuse, or repost Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written consent of Insurance Cloud 365;
(d) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
(e) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use;
(f) access content or data not intended for You, or log onto a server or account that You are not authorized to access;
(g) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;
(h) interfere or attempt to interfere with the use of the Website by any other person, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing" or
(i) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by this Website.
Any violation of this section may subject you to civil and/or criminal liability.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL INSURANCE CLOUD 365, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY DOLLARS ($50.00 USD). YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AND ACKNOWLEDGE THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
INDEMNIFICATION:
As a condition of use of the Website and without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless Insurance Cloud 365 its officers, directors, employees, agents, representatives, sub-licensees, successors and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and attorneys' fees, arising out of or resulting from Your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by You of this Agreement. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
GOVERNING LAW:
The Website and these Terms of Use will be construed, enforced and governed in accordance with the laws of the State of Michigan, without regard to any conflict of law principles. The state or federal courts in Kent County, Michigan will have exclusive jurisdiction and venue over all controversies in connection with this agreement, and You hereby consent to such exclusive and personal jurisdiction and venue. Any claim You may have against Insurance Cloud 365 must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to the Website and/or these Terms of Use and that each party has the right to seek attorneys’ fees in any proceeding.
NOTICES:
All notices required or permitted to be given under this Agreement must be in writing. Insurance Cloud 365 shall give any notice to You by email sent to Your most recent email address, if any, which was provided by You. You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY US OF AN EMAIL TO THAT ADDRESS. You shall give any notice to us by means of email to info@ insurancecloud365.com Notice to us shall be effective upon receipt.
SEVERABILITY:
If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that provision of these Terms of Use that is adjudged to be unlawful, void or unenforceable shall be limited or eliminated from these Terms of Use. All remaining provisions shall remain in full force and effect.
MISCELLANEOUS:
The headings contained herein are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.
ENTIRE AGREEMENT:
these Terms of Use and Insurance Cloud 365’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Insurance Cloud 365 with respect to subject matter herein, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
PRIVACY POLICY
insurancecloud365.com
Last revised on February 17, 2022
insurancecloud365.com (“Insurance Cloud 365”) respects the privacy of its users; therefore, Insurance Cloud 365 has developed this Privacy Policy to demonstrate our commitment to protecting Your privacy. This Privacy Policy describes the information collected, how that information may be used, and with whom it may be shared. It is highly recommended that You read this Privacy Policy carefully when using the Insurance Cloud 365 Website. By using the Website, You are accepting the practices described in this Privacy Policy. If You have any questions about our privacy practices, please refer to the contact information provided herein.
Information Insurance Cloud 365 collect about You
In General. Insurance Cloud 365 may collect personal information such as usage data, email address, first name, last name, phone number, address, username, password, city as well as other information that may be used to identify You. When You provide personal information through this Website, the information may be sent to servers at various locations within the United States and other countries.
Information You provide. Insurance Cloud 365 may collect and store any personal information You enter on the Website or otherwise provide in some manner. This includes identifying information, such as Your name, address, email address, and telephone number(s).
Use of cookies and other technologies to collect information. Insurance Cloud 365 uses various technologies to collect information.
Information collected automatically. Insurance Cloud 365 automatically collects information from Your browser when You visit the Website. This information includes Your IP address, Your browser type and language, access times, the content of any undeleted cookies that Your browser previously accepted from Insurance Cloud 365 and the referring website address.
Cookies and Use of Cookie Data. When You visit the Website, Insurance Cloud 365 may assign Your computer one or more cookies, to facilitate access to the Website and to personalize Your online experience. Through the use of a cookie, Insurance Cloud 365 also may automatically collect information about Your online activity on the Website, such as the web pages You visit, the time and date of Your visits, the links You click, and the searches You conduct on the Website. During Your visits to other websites where Insurance Cloud 365 advertise. Insurance Cloud 365 may use certain data collected on the Website to show You advertisements likely to be of greater interest to You.
Other Technologies. Insurance Cloud 365 may use standard Internet technology, such as web beacons and other similar technologies, to track Your use of the Website. Insurance Cloud 365 also may include web beacons in advertisements or email messages to determine whether messages have been opened and acted upon. The information Insurance Cloud 365 obtain in this manner enables Insurance Cloud 365 to customize the services Insurance Cloud 365 offers the Website visitors, to deliver targeted advertisements and to measure the overall effectiveness of online advertising, content, programming or other activities.
How Insurance Cloud 365 use the information we collect
In General. Insurance Cloud 365 may use information collected about You to:
deliver the products and services that You have requested;
manage Your account and provide You with customer support;
perform research and analysis about Your use of, or interest in, Insurance Cloud 365’s products, services, or content, or products, services or content;
communicate with You by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to You;
develop and display content and advertising tailored to Your interests on the Website; and
enforce or exercise any rights in our terms and conditions.
Financial information. Financial information provided will only be used for purposes related to obtaining insurance and locating potential insurers.
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, Insurance Cloud 365 may raise or waive any legal objection or right available.
When Insurance Cloud 365 believes disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Insurance Cloud 365, its employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Website terms and conditions or other agreements or policies.
How Insurance Cloud 365 protect Your personal information. Insurance Cloud 365 take appropriate security measures (including physical, electronic and procedural measures) to help safeguard Your personal information from unauthorized access and disclosure. Insurance Cloud 365 wants You to feel confident and safe when using the Website. However, no system can be completely secure. Therefore, although steps are taken to secure Your information, Insurance Cloud 365 cannot promise, and You should not expect, that Your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website for information about how to protect Yourself against identity theft.
Children's privacy. Although the Website is a general audience site, Insurance Cloud 365 restricts the use of the Website to individuals age 18 and above. Insurance Cloud 365 does not knowingly collect any personal information from minors.
Visiting the Websites from outside the United States. If You are visiting the Website from outside the United States, please be aware that Your information may be transferred to, stored, and processed in the United States where Insurance Cloud 365’s servers are located, and its central database is operated. By using the Website, You understand that Your information may be transferred to our facilities.
Changes to this Privacy Policy. Insurance Cloud 365 will occasionally update this Privacy Policy. When Insurance Cloud 365 posts changes to this Privacy Policy, the “last updated” date at the top of this Privacy Policy will be revised. Insurance Cloud 365 recommends that You check the Website from time to time so as to be informed of any changes.
California Privacy Rights. Insurance Cloud 365 does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms.
How to contact Insurance Cloud 365. If You have any questions about this Privacy Policy or our information-handling practices, please contact Insurance Cloud 365 by email or postal mail as follows:
14200 Ironwood Dr. NW
Grand Rapids, MI 49534
info@insurancecloud365.com
800-452-2406