This document outlines the Terms and Conditions relating to user's use of Insight Catastrophe Managers', LLC and SageSure Insurance Managers', LLC (collectively "SageSure's") Agent Portal website at https://agents.sagesure.com ("Agent Portal").
A waiver by either party of a breach of any term or condition of this Agreement shall not constitute a waiver of any further breach of a term or condition of this Agreement and no waiver shall be effective unless in writing signed by the party. This Agreement contains the entire agreement and supersedes all prior agreements and negotiations that relate to the subject matter of this Agreement, whether oral or written, between the parties, except as expressly provided in that particular Master License Agreement referenced herein. By reading this Agreement user acknowledges that no promise, representation, warranty, or covenant not included in this Agreement will relied upon. User will rely upon user's own examination of the full Agreement and the provisions thereof, and the warranties, representations, and covenants expressly contained in the Agreement itself.
By using the Agent Portal in any manner, and regardless of how user accessed it, the user agrees to all terms and conditions contained or referenced in this document and any accompanying Master License Agreement, becoming a Licensed User ("User"). User is not permitted to use any software within the Agent Portal unless the User agrees to the terms of such Master License Agreement. If there is a conflict between the terms of this Agreement and the Master License Agreement the terms of the Master License Agreement shall control. These Terms of Use apply only to your use of the Agent Portal and do not change or alter any other agreement or contract between you and SageSure or any of its affiliates or insurance companies it represents.
SageSure reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to User. User's continued use of the Agent Portal constitutes acceptance of those changes. If User choose not to accept these Terms of Use, please do not use the Agent Portal or send e-mail to marketing@sagesure.com.
SageSure's Privacy Policy describes SageSure's use and protection of nonpublic personal information and will tell User how SageSure treats information. SageSure encourages User to read the Privacy Policy.
The SageSure computer network, Agent Portal (including any demo software), and accompanying documentation and other Materials available on this website are the private property of SageSure. This includes but is not limited to text, graphics, software, audio, video, and files, and is protected under United States and worldwide copyright laws and treaty provisions. Please contact SageSure to seek permission to copy such materials or for any other use.
SageSure, and the names of any SageSure services or products displayed on this website are registered trademarks or SageSure currently owns common law rights to such trademarks. The names of other products and companies mentioned herein are the property of their respective owners and may also be trademarks. User agrees not to use SageSure's trademarks or any of the Affiliated trademarks: (1) in, as, or as part of, User's own trademarks or those of any third parties; (2) to identify products or services that are not those of SageSure and the web site; (3) in a manner likely to cause confusion; or (4) in a manner that implies inaccurately that SageSure or the web site sponsors, endorses, or is otherwise connected with, User's own activities, products and services or those of third parties.
The Internet is not completely secure. SageSure has taken reasonable steps to secure information, though SageSure cannot prevent interception of information. User is responsible to maintain the security and confidentiality of User's password. DO NOT SHARE PASSWORDS WITH ANYONE. To maximize security of User's password, User should choose a password carefully. User's password should have 6-12 characters, at least one letter and one number in the password, and User should avoid using something that someone may guess easily, such as User's own or a family member's name, birthdate, etc. User should memorize User's password and not give it to anyone. User should also change your password frequently. If User believes User's password has been compromised, User should change User's password immediately and contact SageSure.
User may not use this website for any activity that infringes on a third party's intellectual property or other proprietary rights.
SageSure prohibits any bulk e-mails to be sent to SageSure e-mail addresses. The word "bulk" shall mean an e-mail message, or group of e-mail messages, sent to more than 10 different SageSure e-mail addresses in any 24-hour period. This prohibition includes specifically, but is not limited to: (1) solicitations for funds or donations; (2) political or religious messages; (3) informational announcements; or (4) commercial advertising.
SageSure prohibits the harvesting or collection of the e-mail addresses of SageSure users and representatives from SageSure for the purpose of sending bulk e-mail to SageSure users or representatives.
SageSure reserves the right to take all legal actions available, including civil and criminal prosecution, to prevent violation of these Terms. Please be advised that no statements, actions or inactions by SageSure, or anyone acting on its behalf, relating to this Internet site, or SageSure's failure to enforce the Terms of this policy in every instance should be construed as a waiver of any rights by SageSure.
SageSure may provide links to other internet websites. These links are provided only as a convenience. If User decides to access or use any of the third party websites linked to this website, User does so at User's own risk. SageSure does not sponsor or endorse the other sites or their materials, and these sites are not affiliated with SageSure in any way. SageSure is not responsible for the contents or the privacy policies of any link and makes no warranties or representations about the contents, products or services offered on such sites. We encourage User to read the privacy policies of every website User visits, as they may vary from SageSure's Agent Portal Privacy Policy.
SageSure shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of this website, including but not limited to the Software, Materials, features, or hours of availability. SageSure may also impose limits on certain features and services or restrict access to parts or all of this website without notice or liability. Additionally, SageSure shall have the right, in its sole discretion, to terminate User's access to any or all portions of the Web Site at any time, without notice.
In the event that User violates any provision of this Agreement, User's permission to use the Materials automatically terminates and User must immediately destroy any and all copies that User has made of the Materials.
THE SOFTWARE, DOCUMENTS, GRAPHICS AND OTHER INFORMATION PUBLISHED ON THIS WEBSITE COULD INCLUDE ERRORS, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SAGESURE AND ITS SUPPLIERS MAY MAKE CHANGES PERIODICALLY TO THIS SOFTWARE AND INFORMATION WHETHER DIRECTLY OR THROUGH THIS WEBSITE AT ANY TIME. SAGESURE DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR MATERIAL CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR OPERATE ERROR FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND ITS SERVER ARE FREE FROM COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR PRODUCTS. SAGESURE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE DOCUMENTS, GRAPHICS, AND OTHER INFORMATION PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE OR REPRESENT OR GUARANTEE THE RESULT OF USING THIS WEBSITE. ALL SUCH INFORMATION IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. SAGESURE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CONSEQUENTLY, USER MAY USE THIS WEBSITE AT USER'S OWN RISK.
IN NO EVENT SHALL SAGESURE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE , OTHER TORTIOUS ACTION OR ANY OTHER ACTION OR CLAIM WHETHER OR NOT SUCH CLAIMS ARISE OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, SOFTWARE OR OTHER PRODUCTS OR SERVICES AVAILABLE FROM THIS WEBSITE, WHETHER OR NOT SAGESURE IS AWARE OR MADE AWARE OF SUCH VIOLATION. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE CUSTOMER, USER AND SAGESURE, AND THE INFORMATION AND SERVICES PROVIDED FROM THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE LAWS MAY SUPERSEDE THESE LIMITATIONS.
User agrees to defend, indemnify, and hold harmless SageSure, SageSure's Affiliates, and SageSure and SageSure's Affiliates' officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from User's improper use of the Web Site, Software, Materials, Documents, or any other breach by User of the terms of this Agreement. SageSure agrees to defend, indemnify, and hold harmless User, Customer, and Customer's Affiliates, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from SageSures's breach of the terms of this Agreement.
This Agreement shall be construed in accordance with and its performance shall be governed by the laws of the State of Florida, notwithstanding the choice of law rules of such State. The State and Federal courts of Florida shall have exclusive jurisdiction to determine all claims, disputes, actions, or suits that may arise hereunder and the parties expressly consent to such exclusive jurisdiction and venue before the proper authority in Florida.
If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Words in the singular shall include the plural and words in the plural shall include the singular. Words in any gender shall include the other gender. The paragraph headings used herein are for the convenience of the parties and shall not be deemed to modify or construe the provisions hereof. This Agreement shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the parties. Further, if either party defaults in the performance of its obligations under this Agreement, then the defaulting party agrees to pay reasonable costs and attorneys' fees to enforce this Agreement.
Pursuant to 17 U.S.C. §512(c), notice is hereby given that the person identified below is the Designated Agent for receiving complaints concerning this web site, including for purposes of receiving notification of any claims of intellectual property infringement:
General Counsel
101 Hudson St
Suite 2700
Jersey City, NJ 07302
Telephone: 646.619.8557
Facsimile: 212.207.3636