Terms & Conditions
Last updated: June 15, 2018
Please read our Terms & Conditions (the 'Terms') carefully before using this site.
Your access to and use of Service (ioausa.com) is conditioned on your acceptance of and compliance with these Terms, including the Limitation of Liability and Arbitration Agreement below.
These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
These Terms apply to the websites operated by Insurance Office of America and any of its affiliates ("Websites" or each individually "Website") on which these Terms are displayed. These Terms also apply to your use of any goods, facilities, or services offered through the Websites, including, but not limited to any of IOA’s online content, tools, and services related to the insurance brokerage services, whether accessed on the Websites or through third-party websites, mobile sites, and/or applications (collectively, such services, including any new features and applications, and the Site, the "Services.")
- For purposes of this Agreement, "you," or "your" means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.
- "IOA," "us," or "we" means Insurance Office of America and any of its affiliates.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Content shared on this site is wholly owned by Insurance Office of America. It is copyrighted and all rights are reserved. You may not use any portion of content posted on this site without express permission from Insurance Office of America.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Insurance Office of America. Insurance Office of America has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Insurance Office of America shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Limitation of Liability
IN NO EVENT WILL IOA OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, CONSULTANTS, CONTRACTORS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, THE "IOA PARTIES"), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF THE IOA PARTIES (EACH A "THIRD-PARTY PROVIDER"), BE LIABLE FOR ANY LOST REVENUES OR PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM:
- (A) OUR WEBSITES,
- (B) THE SERVICES,
- (C) THESE TERMS,
- (D) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY,
- (E) USE OF THE WEBSITES, TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE WEBSITES, BY YOU OR ANY THIRD PARTY,
- (F) ANY USER CONTENT,
- (G) INTERACTION BETWEEN OUR WEBSITES AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR WEBSITES, AND/OR
- (H) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD-PARTY PROVIDER, OR ANY USER OF THE WEBSITES WITH RESPECT TO THESE TERMS OR THE WEBSITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITES. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE IOA PARTIES, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR SERVICES IS LIMITED TO $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
Dispute Resolution, Arbitration Agreement, And Class Action Waiver
Any dispute relating in any way to your visit to, or use of the Websites, the Services, these Terms, any other products or services offered through the Website, any telephone calls, emails, or text messages that you receive from us or Third-Party Providers, or otherwise related to this Agreement ("Disputes"), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Florida, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator. All claims arising under the Telephone Consumer Protection Act and state telemarketing and email marketing laws shall be considered "Disputes" that are subject to resolution by binding individual, confidential arbitration.
If a Dispute arises under this Agreement, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. We will pay all of the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Without limiting the foregoing, YOU EXPRESSLY AGREE TO SUBMIT TO ARBITRATION ALL DISPUTES RELATING TO ANY TEXT MESSAGES OR TELEPHONE CALLS YOU RECEIVE FROM OR ON BEHALF OF US OR ANY ENTITY WITH WHOM WE MAY SHARE YOUR TELEPHONE NUMBER (INCLUDING SERVICE PROVIDERS).
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Florida: (i) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (ii) any legal action by us against a non-consumer; and (iii) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Websites or the date you submit information through the Websites to opt out of this arbitration agreement, by contacting us by email at: firstname.lastname@example.org or by mail at:
- 3210 Lake Emma Road,
- Suite 3090,
- Lake Mary, FL 32746
- Attention: Legal Department
If you do not opt out by the earliest of the date that you visit the Website, or the date you submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.
THE WEBSITES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITES, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IOA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITES OR THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITES OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM OUR WEBSITES ARE NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO US AND BY POSTING INFORMATION ON OUR WEBSITES, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We encourage you to periodically review these Terms to be informed.
If you have any questions about these Terms, please contact the marketing and communications department at email@example.com.