1. General
This Terms of Use Agreement (“Agreement”) governs your access and use of the website and insurance quote engine operated by Ackerman Insurance Services, Inc., a Florida Corporation (“Ackerman Insurance”, “Ackerman”, “Ackerman Insurance Services”, “our,” “us,” or “we”) and located at www.ackerman-insurance.com (collectively, the “Website”). By accessing, browsing, and using this Website, you (“you” or “User”) agree that you have read, understood, and accept this Agreement. Please read it very carefully and let us know if you have any questions. We can be reached at: info@ackerman-insurance.com. If you do not agree with any of the terms herein, you may opt out by closing the Website.
2. Privacy
Our privacy policy, (Privacy Policy found here), discusses:
- The information we collect from you when you visit and use our Website,
- How we share it,
- And how we use it.
It forms a part of this Agreement and is hereby incorporated by reference. So by using the Website you consent to our Privacy Policy and the collection, use and sharing of information as discussed therein. Additionally, by using this Website, you acknowledge and agree that Internet transmissions are never completely private or secure.
3. Representations about customer
You understand that if you provide incorrect or incomplete information it may affect the value of the Website to you. You state to us that:
- You have the power, authority, and are of sufficient legal age to enter into this Agreement.
- You agree to not pretend that you are, or that you represent, someone else, or impersonate any other person or entity.
- The information that you provide to us will be current, true, accurate, supportable, and complete.
- You are at least 13 years of age, as the Website is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through our Website.
If you are 13 or older but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it, and that they agree to it on your behalf.
4. User acknowledgements
Unless you are an insurance broker, insurance agent, or other insurance professional (“Service Provider”) or buy a specific service through the Site, Ackerman Insurance does not charge you a fee to use the Website. Service Providers may pay Ackerman Insurance fees for services and to be matched with users of the Website, however. Ackerman Insurance is not involved with, and is not responsible for, any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. Except where prohibited by law,Ackerman Insurance will not be liable for any losses, costs, damages, or claims in connection with, arising from or related to your use of a Service Provider’s products or services, including any fees charged by a Service Provider.
5. Intellectual property with respect to the website
The content of this Website is ours and is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Website. If you submit comments, suggestions, ratings, or other feedback regarding the Website or your experience (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you. You are granted permission to use the information provided to you on or via the Website solely for your own personal, non-commercial use, provided that none of the content is modified and that any legal legends are retained. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be used, copied, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written permission.
6. Restrictions on use of the website
You may not rent, lease, lend, sell, redistribute, reproduce, or sublicense the Website. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit or interfere with the Website in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.
7. Limitations on availability
The Website is controlled and operated by Ackerman Insurance from within the United States. The Website or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Website is available or permitted in any particular location. Use of the Website is void where prohibited. You use the Website at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Website as required by law.
8. Third party offerings
Ackerman Insurance provides a tool to help you get estimates, quotes, and certain other information about third-party product and Service Providers. Ackerman Insurance is not responsible for either the availability of these Service Providers or their offerings, including for any products or services you may obtain by contacting any of them as a result of your use of the Website or the features hereof. We make no guarantees regarding the quotes, fees, terms, rates, coverage, or services offered or made available by Service Providers. Ackerman Insurance does not necessarily guarantee that quotes, fees, terms, rates, coverage, or services offered by Service Providers are the best available. Ackerman Insurance does not necessarily validate or investigate the licensing, certification, or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any products or services that they may offer or provide to you and that Ackerman Insurance shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. Ackerman Insurance always recommends getting the advice of financial advisors, insurance agents, brokers, or other qualified professionals who are fully aware of your individual circumstances before you make any insurance decisions. You acknowledge and agree that you rely solely on your own judgment and that of your advisors in selecting any products or services offered by Service Providers.
9. Communications with you about your insurance needs
By providing your email address, phone number, or both on Ackerman Insurance’s Website, you authorize us and our associated insurance providers to call you, email you, or text you about:
- Your insurance needs or quote requests,
- Any issue regarding our services, and/or
- To provide information or offers you may be interested in, including a response to quotes you have requested from us or our associated insurance providers.
Ackerman Insurance and its associated insurance providers may contact you at any telephone number(s), mobile or otherwise, that you provide us. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing system (ATDS) technology to contact you. Message and data rates may apply. You also understand that your consent is not a condition of purchase, and that you can call Ackerman Insurance directly at 1-888-255-4364 for more information.
We agree that you may withdraw your consent to be contacted. However, the following steps must be followed:
- To stop receiving emails at any time, follow the steps to unsubscribe in any email you receive from us.
- To stop receiving SMS/text messages at any time, text STOP to Ackerman Insurance telephone number(s) we used to communicate with you.
If any of your telephone numbers change, or if you’re no longer the owner, subscriber or primary user of a telephone number you’ve provided, you agree to notify us immediately of such facts so that we may update our records.
When you click the “I Accept” button to share your email address, you’re giving affirmative consent to receive commercial email messages from us and/or our partners. You acknowledge and agree that your email address may be used for the purpose of initiating commercial email messages.
10. Disclaimer of warranty
The Website and its content are provided to you strictly on an “as is” and “as available” basis. Our estimates might be wrong. All conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby disclaimed to the maximum extent permitted by applicable law. This includes, without limitation:
- Any implied warranty of merchantability,
- Fitness for a particular purpose,
- And accuracy or non-infringement of third party rights.
You expressly agree that your use of the Website and all products and services included on or associated with the site is at your sole discretion and risk.
11. Limitation of liability
In no event shall Ackerman Insurance be liable to you or any third party, whether in contract, tort, warranty, reliance, or otherwise, for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit(s), arising from your use of the Website, even if it has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Ackerman Insurance’s aggregate liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid to us by you for use of the Website. Some jurisdictions do not allow the limitation of damages or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. For example, in New Jersey, this limitation of liability does not apply to liability due to intentional or reckless conduct, gross negligence, strict liability, negligence or violation of a legal duty imposed on Ackerman Insurance under New Jersey law.
12. Modifications
This Agreement may be modified by Ackerman Insurance at any time by updating and posting a new version of it on the Website or by otherwise notifying you of the revised Agreement. By subsequently using the Website, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
13. U.S. Government restricted rights
The content of this Website is provided with “Restricted Rights.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
14. Governing law and choice of forum
This agreement and your use of the Website shall be governed by the laws of the state of Florida, without regard to principles of conflict of laws. You also agree that the state or federal courts sitting in Collier County, Florida shall have exclusive jurisdiction and venue over any claim or dispute arising out of this Agreement or relating to your use or visitation of our Website, and you hereby consent to the personal jurisdiction and venue of the federal and state courts sitting in Collier County, Florida.
15. Miscellaneous
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision shall be enforced, and reconstructed if need be in a way that best embodies the intent of this Agreement, to apply to the maximum extent allowable under applicable law. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.