Terms of Use
User Terms of Service This System is a proprietary service owned, operated, and maintained by Senior Consultants Corporation ("Senior Consultants"), a Arizona corporation, for use solely by currently licensed insurance professionals authorized by Senior Consultants (“Users”). This User Terms of Service (“Terms”) sets forth the terms and conditions on which Senior Consultants is willing to permit your use of the System, and your responsibilities as a User. By clicking the “Accept” button at the bottom of these Terms, you agree to use the System in strict accordance with, and to be bound by these Terms.1. Grant of Rights. Senior Consultants grants to you a non-exclusive, non-transferable, non-refundable, limited right to use and display the contents of the System for the sole purpose of obtaining insurance information. This grant includes the right to use the System to produce reports for your internal business use as a licensed insurance professional and on behalf of your clients. This grant does NOT include the right to copy or make derivative works of the System, nor does it include the right to sell the information in the System, or its contents, or the reports produced by the System, or otherwise offer access to others. Senior Consultants provides no license or authorization of any kind to present, illustrate, or sell products without a proper license and/or required agreement with the applicable carriers. User is solely and exclusively responsible for all legal and contractual regulations as well as all federal, state and local laws related to use of the System.
2. Permitted Use. You or your authorized agents may access the System. Except for your authorized agents, you may not allow any other person to access the System. You are responsible for, and agree to comply with, any and all applicable Federal, state and local laws, rules and regulations relating to the conduct of insurance brokerage with respect to any insurance transaction commenced or consummated by you using the System. You understand and agree that the System is not acting as an insurance underwriter, broker or agent with respect to any transaction. The System is not intended to be, nor may it be used as, a replacement for carrier-provided life insurer compliance proposals and other carrier-provided product information. The System values, rates, policy specifications and other information is for reference only and must be validated by the User utilizing carrier-provided rate cards, illustrations and any other means necessary. Senior Consultants makes no warranties or claims as to the accuracy of data, rates or information contained in the System. In no event shall Senior Consultants be responsible for the failure of any Insurer to perform any duty, obligation or responsibility to any User or any client of a User, including, without limitation, the payment of any commission or the performance by the Insurer of its obligations under any policy of insurance transacted through the System. You are solely responsible for maintaining your own records of all communications transacted through the System (including the content of communications) between you and Insurers.
3. Prohibited Uses. You agree not to use the System (i) in a manner that is prohibited by any law or regulation, or to facilitate the violation of anylaw or regulation; (ii) to invade the privacy of third parties; (iii) to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, or otherwise objectionable material, (iv) to violate, or assist in violating, the security of the System, whether intentionally, negligently or otherwise; (v) to transmit by means of the System any data or material that contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) to copy, decompile, disassemble, reverse engineer, or otherwise modify or commercially exploit the System or Database, except as otherwise expressly permitted by law.
4. DISCLAIMER OF WARRANTIES. The System is provided on an “AS IS” and “AS AVAILABLE” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR UNINTERRUPED OR ERROR FREE SERVICE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We MAKE NO WARRANTY OF ANY KIND AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF the System, OR AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH the System. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, USE, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH the System RESTS WITH YOU. SENIOR CONSULTANTS SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SYSTEM. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. UNDER NO CIRCUMSTANCES SHALL SENIOR CONSULTANTS, ITS OFFICERS, DIRECTORS OR AFFILIATES, BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO the System, OR SERVICE-RELATED MATTERS AND/OR CONTENT OR INFORMATION CONTAINED WITHIN the System, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOUR SOLE REMEDY FOR DISSATISFACTION WITH the System AND/OR SERVICE-RELATED MATTERS IS TO STOP USING the System. IF, FOR ANY REASON, THE LIMITATIONS OF THIS SECTION 4 ARE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT SENIOR CONSULTANTS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL NOT EXCEED THE SUM OF $1,000 U.S. dollars.
5. Indemnification. You hereby agree to indemnify, defend, and hold harmless Senior Consultants and its directors, employees, licensors, subsidiaries and affiliates, as well as Insurers (collectively, the “Indemnities”), from and against any and all liability and costs (including attorneys’ fees and costs) incurred by the Indemnities in connection with any claim arising out of any breach by you of any of these Terms. You shall cooperate as fully as reasonably required in the defense of any claims. Senior Consultants reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of Senior Consultants.
6. Confidentiality. You will use commercially reasonable efforts to maintain the confidentiality of the System and its contents.
7. Termination. Senior Consultants may terminate the right of any User to access the System at any time, with or without cause, and/or cease offering the System, and/or cease offering or otherwise modify one or more features on the System, in Senior Consultants’s sole discretion and without notice.
8. Modification of Terms or Service. Senior Consultants reserves the right to modify these Terms in any manner and at any time, without notice or liability. Any modification is effective immediately upon either a posting on the System, or upon notice by electronic mail to the e-mail address last provided by you to the System. Your continued use of the System following notice of any modification of these Terms shall be deemed an acceptance of all such modification(s).
9. General. Failure by the System to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. These Terms, and all other aspects of your use of the System, shall be governed by and construed in accordance with the laws of the State of Arizona. All claims and disputes arising out of these Terms or your use of the System shall be submitted to and resolved by binding arbitration, pursuant to the then-current rules of the American Arbitration Association. Any arbitration proceeding shall take place in Mesa, Arizona. These Terms constitute the entire agreement between the parties with respect to the System and supersede all prior agreements, understandings, representations or warranties, whether written or oral.
