Terms of Service

The American Agents Alliance, a member-driven organization since 1962, empowers independent insurance agents and brokers to thrive through advocacy, education and networking. Our association is headquartered in Sacramento, California.

Date of Last Revision: June 27, 2015.

Welcome to agentsalliance.com, a website and resource for the property and casualty insurance industry (the “Service”).  By accessing or using our web site at www.agentsalliance.com (the “Web Site”), you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Web Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Web Site. It is your responsibility to regularly check the Web Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Proprietary Rights in Web Site Content; User Content License

All content on the Web Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Web Site Content”), are the proprietary property of American Agents Alliance with all rights reserved. No Web Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without American Agents Alliance’ prior written permission.  You may not republish Web Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any such use of the Web Site Content is strictly prohibited. Any use of the Web Site or the Web Site Content other than as specifically authorized herein, without the prior written permission of American Agents Alliance, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Web Site Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise.

Trademarks

American Agents Alliance and other American Agents Alliance graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of American Agents Alliance in the U.S. and/or other countries. American Agents Alliance’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of American Agents Alliance.

User Conduct

You understand and agree that the Service and the Web Site are available for your personal use only. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Web Site by electronic or other means.  Additionally, you agree not to use automated scripts to collect information from the Service or the Web Site or for any other purpose.  You further agree that you may not use the Service or the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Service or the Web Site to:

• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
• solicit passwords or personally identifying information for any purpose;

American Agents Alliance reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact American Agents Alliance at info@agentsalliance.com.

Copyright Complaints

If you believe that any material on the Web Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Steve Davis, Attorney at Law
8880 Cal Center Drive, Suite 180

Sacramento, CA 95826

(916) 362-9000 phone
(916) 362-9066 fax

sdavis@davisandleonard.com

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links to Other Websites and Content

The Web Site contains (or you may be sent through the Web Site or the Services) links to other web sites (“Third Party Web Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (“Third Party Content”). Such Third Party Web Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Web Sites accessed through the Web Site or any Third Party Content posted on the Web Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Web Sites or the Third Party Content. Inclusion of or linking to any Third Party Web Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Web Site and access the Third Party Web Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Web Site.

Privacy

We care about the privacy of our Users. Click here to view the Web Site’s Privacy Policy. By using the Web Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

American Agents Alliance is not responsible or liable in any manner for any Third Party Content posted on the Web Site or in connection with the Service.

The Web Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. American Agents Alliance assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.  American Agents Alliance is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating in connection with the Web Site and/or in connection with the Service.  Under no circumstances will American Agents Alliance be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of the Web Site or the Service, any  Third Party Content posted on or through the Web Site or the Service or transmitted to Users, or any interactions between Users of the Web Site, whether online or offline.

THE WEB SITE, THE SERVICE AND THE WEB SITE CONTENT ARE PROVIDED “AS-IS” AND American Agents Alliance DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. American Agents Alliance CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. American Agents Alliance DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL American Agents Alliance OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE OR ANY OF THE WEB SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF American Agents Alliance IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Venue and Jurisdiction

By visiting or using the Web Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise between you and American Agents Alliance.  Any action to enforce the terms of these Terms of Use, or arising out of the subject matter of these Terms of Use, shall be commenced in the in the state and federal courts of Sacramento, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and improper forum with respect to, venue and jurisdiction in the state and federal courts of Sacramento, California.

Attorney’s Fees

In the event of any action or proceeding to enforce the terms of these Terms of Use, or arising out of the subject matter of these Terms of Use, the prevailing party shall recover its reasonable attorney’s fees and costs, including any and all expenses reasonably incurred, not limited to expenses provided under the California Code of Civil Procedure.

Indemnity

You agree to indemnify and hold American Agents Alliance, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Service or the Web Site, your conduct in connection with the Service or the Web Site or with other Users of the Service or the Web Site, or any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Use constitute the entire agreement between you and American Agents Alliance regarding the use of the Web Site and/or the Service, superseding any prior agreements between you and American Agents Alliance relating to your use of the Web Site or the Service. The failure of American Agents Alliance to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Web Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.