2011 W 2nd Avenue | Indianola, Iowa 50125
When we refer to “we,” “us,” or “our,” we mean the owner of this site and/or any other affiliated company. When we refer to “you,” “your,” or “user,” we mean the person accessing this site. If the person accessing this site does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Agreement to be Bound
Limited Use and Access
This site is controlled, operated and administered by us from offices within the United States of America and for the purpose of servicing our customers and promoting the products and services of the insurance companies that we represent. We make no representation that these products and services or the materials at this site are appropriate or available in all states.
Insurance Policy Terms and Conditions Control
All coverage information provided by this site is in general terms and is superseded in all respects by the Insuring Company’s Agreements, Exclusions and Conditions of the Policy. Some products or discounts may not be applicable in all states or may have to be modified to conform to applicable state law. Some products or discounts may have been eliminated or modified since the posting on this site. The issuing, renewal, or cancellation of any insurance policy, policy terms and conditions, and rates are subject to underwriting review and approval by the insurance company.
Use of Materials
We authorize you to view and download materials from this site only for your use in connection with the lawful purchase and/or evaluation of the products and services of the companies that we represent. This authorization is not a transfer of any rights in the materials. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions.
You may not remove, or disassociate, from any of the materials our name or any copyright or other proprietary notices contained in the materials; and
Information Entered on this Site
To the extent that you provide to us any third party or consumer information by submitting it to us or using it on this site (including nonpublic personal information):
You represent and warrant to us that you own, or possess sufficient rights in, or the authority to provide us with, all such information; and
You grant to us an exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit for the purpose of underwriting, issuing and/or servicing the products or services provided by the companies that we represent.
CAN-SPAM, Telephone Consumer Protection Act and Similar Law
Your use of this site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this site, you agree that our independent insurance agents may call, e-mail, or otherwise communicate with you regarding promotion of the products or services we provide.
Misuse of this Site
You may not make any statements on, or provide or post any information to, this site that is, knowingly false, misleading, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that, without authorization, incorporates the proprietary material of another or the nonpublic personal information of any consumer which is protected by any privacy laws and/or regulations including, but not limited to, the Gramm-Leach-Bliley Financial Modernization Act, the Health Insurance Portability and Accountability Act, and/or any similar state or federal privacy law or regulation.
Intentional Interruption or Destructive Material
You agree not to attempt to: a) interrupt the operation of any site; b) gain unauthorized access to our computers or computer codes; or c) introduce any electronic data or software containing viruses, worms, Trojan horses, web robots, crawlers, wanderers, spiders, and the like, or other destructive material to our computers which if transmitted through a software or electronic medium would adversely affect any computer software, hardware or telecommunications equipment.
Changes to and Availability of this Site
We may terminate, change, suspend, interrupt, or discontinue any aspect of any site, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts of this site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above.
Copyrights and Other Intellectual Property
This site and its content contain copyrights by us or other third parties and all rights are reserved. ALL RIGHTS TO THE SITE DESIGN, ALL MATERIALS ACCESSED, VIEWED, OR OBTAINED AND POSTED AND/OR PROVIDED ON SITES ARE RETAINED BY US WITH THE RIGHT TO ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY OR DISTRIBUTE ANY MATERIAL ACCESSED, VIEWED, OR OBTAINED FROM ANY SITE, EXCEPT AS EXPRESSLY PROVIDED HEREIN OR WITHOUT OUR EXPRESS WRITTEN PERMISSION. Trademarks of others are the property of their respective owners. We make no claim to the trademarks of others.
We do not knowingly permit anyone to post materials on this site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512).
Limitation of Actions
Except for policyholders having a legal right to bring a suit or other action against us within a state where a policy is issued, you irrevocably consent to the Choice of Law, Jurisdiction and Venue and Dispute Resolution provisions below.
Choice of Law, Jurisdiction, and Venue
Other Method of Dispute Resolution
In lieu of civil litigation, at our sole discretion, we may elect to have any dispute arising out of or related to your use of, or association with, this site to be settled solely by binding arbitration in accordance with the Commercial Dispute Resolution Procedures, or where appropriate, the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association. The place of arbitration will be in the vicinity of our agency’s primary office. The arbitration will be conducted in English. Any award by the arbitration panel may be entered in, and enforced by, any court of competent jurisdiction.
Disclaimer of Warranties
THE SITES AND ALL MATERIALS MADE AVAILABLE ON OR THROUGH THEM ARE PROVIDED CONDITIONAL ON THE USER RECOGNIZING THAT THE QUALITY, AND ACCURACY OF THE INFORMATION OBTAINED FROM THE SITE MAY DEPEND ON THE USER PROVIDING ACCURATE INFORMATION. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF ANY INFORMATION, SERVICES OR MATERIALS PROVIDED BY OR THROUGH THIS SITE.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THE SITE;
IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Information Ownership, Collection and Use
We or our hosting provider may collect traffic information from visitors for statistical analysis and site improvement. When you access this site, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider may use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use.
Links and Information Gathered by Others
One or more sites may contain links to other third party websites. We do not operate those websites and we cannot control the information that the operators of such websites gather or what the operators of such websites do with the information. We are therefore not responsible for the activities of the operators of such websites.
We also use commercially reasonable efforts to protect user information offline by maintaining physical, electronic and procedural safeguards against unauthorized access to user nonpublic personal information.
Misappropriation of Personal Information
For the purposes of any applicable law regarding notification of persons whose personal information provided to us by this site was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax, mail (including a notice printed in an available area of a bill or statement) or posting a notice on this site. The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION.