Insurent Agency Corporation, Terms and Conditions of Use
Welcome to www.insurent.com. We appreciate your visiting our website! The Terms and Conditions set forth below apply to Insurent’s® Website (the “Site”) and to its electronic content. By accessing, using or registering at the Site, you agree to be bound by these Terms and Conditions of Use (“Terms and Conditions”) which will always be available for your review at the “Terms and Conditions” link at the bottom of the www.insurent.com home page. If you are not willing to be bound by these Terms and Conditions, please do not continue to access or use the site, or any pages or information in the Site. In these Terms and Conditions, the terms “Insurent® ” , “we,” “us,” or “our” refer to Insurent® Corporation, a New York corporation, and the terms “you,” and “your,” refer to you, the visitor to this Site and, if you have an account or agreement with us, to any other authorized landlord, building owner, applicant or co-tenant on such account or agreement.
Table of Contents
Access to www.insurent.com
Scope of these terms and conditions
Revisions, additional products and services or changes to existing products and services
Insurent®’s license to you
No license to use intellectual property, images, etc.
Your license to Insurent®
Notices and communications
Prohibited uses of the site, our services or our products
Limitations of liability
Disclaimer of warranties
Access to www.insurent.com
Prospective tenants may register on our Site to find out more about our products and services and to download and apply on line for our services and products. Landlords, co-op owners and building owners may register on our Site to apply for participation in our program. The terms and conditions of such participation are stated in the application and agreement entered into by you and Insurent®.
Scope of these Terms and Conditions
These Terms and Conditions govern the use of this Site and access to information, products or services provided by Insurent® by or through the Site. Such information, products and services may also be governed by separate agreements we have with you, or other rules, guidelines or other conditions that we may impose on the use of a particular or service. Our products and services are subject to any “Communications” we provide or make available to you. These Terms and Conditions incorporate by reference any rules, conditions and guidelines of any product or service you obtain from us.
Revisions, Additional Products and Services or Changes to Existing Products and Services
We may revise these Terms and Conditions at any time, and you agree to be bound by such future revisions or amendments. Such revisions or changes become effective immediately upon the earlier of their posting to the Site or our provision of notice to you. You understand that Insurent® has no obligation to provide you with an individual notice of any change or revision to these Terms and Conditions, and that by accessing the Site or using the Site you agree to such changes or revisions. It is your responsibility to visit the “Terms and Conditions” link periodically to review the then-current Terms and Conditions. We reserve the right to modify or discontinue, temporarily or permanently, any product or service (or any part thereof) with or without notice to you, unless we are otherwise legally prohibited from doing so. You agree that we will not be liable to you (or to any third party) for any modification, suspension or discontinuance of a product or service.
If you apply for an account or service through the Site, or ask to change a service or product you have or use already, you authorize us to treat your application or request as if it had been made in paper writing and signed in ink by you.
For your protection, and the protection of our other customers, you should never share your identifying information that is required to access certain sections of the Site (such as passwords, usernames and screen names) with others. You are responsible for all messages posted, statements made or acts or omissions that occur in connection with the identifying information you provide to us, or made through or under your user name, password or account number(s), and you agree not to hold us liable for any damages of any kind resulting from your decision to disclose your user name, password, or account number(s) to a third party. Please immediately notify us if your identifying information, your user name, password or account number(s) have been lost or stolen.
Insurent’s® License to You
We grant to you a single, non-exclusive, non-transferable and limited personal license to access and use our products and services at the Site. Certain services and products offered through the Site use proprietary software of Insurent® and other software suppliers. If we have provided you with software to use, you are being granted a non-exclusive license to use such software for the particular purposes for which we provided it to you. You may not dissemble, decompile, copy, modify or reverse engineer any of the software or allow anyone else to do so, unless otherwise specifically authorized by law. Contact us immediately if you believe any such software has been lost or stolen. You may not reproduce, sell or distribute all or any portion of the information we provide to you. This license is conditioned on your continued compliance with the then-current Terms and Conditions. We may suspend, cancel or terminate your access to the Site for any reason, at any time, with or without notice to you.
No License to Use Intellectual Property, Images, etc.
The products, services, and information from Insurent® on this Site and their distinctive “look and feel,” are proprietary property of ours. All content, trademarks, service marks, trade names, logos, icons and images are proprietary to us or our agents; your use of them is strictly prohibited without written permission of the respective owner. Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed at our Site without the prior written permission of us or any third party that may own the trademarks or service marks displayed at our Site. Any unauthorized use of the images, trademarks or service marks may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations, laws and statutes.
Your License to Insurent®
Any communications or material of any type that you e-mail, post or otherwise transmit through the Site, including data, questions, comments or suggestions, will be treated by us as non-confidential and non-proprietary, unless we have indicated otherwise at the Site, or as otherwise required by law. You grant us a license to reproduce, disclose, transmit, publish, broadcast or post your communications to us either on the Site or elsewhere, and agree that we will have no liability or obligation to you if we do so. We are free to use any ideas, concepts, know-how, or techniques contained in your communications to us for any purpose, including, but not limited to, developing and marketing products or services using such information.
Notices and Communications
By accessing, using or registering at the Site, you will be consenting to electronic delivery of information, including but not limited to any notices, disclosures, disclaimers or changes-in-terms related to this Site (“Communications”) in HTML format. You agree that we may provide change-in-terms notices to you, in our sole discretion, by sending an e-mail to you, by making the Communication regarding such a change-in-terms available at our Site, or by sending you a change-in-terms in a paper format to the property address we have for you in our records. You agree to accept all Communications from us regarding the use of our products and services at the address(es) we have for you in our records, or, in our sole discretion, by our making such Communications available to you at the Site. If your address(es) changes at any time, you agree to promptly inform us of any such changes to your information by sending us an e-mail at email@example.com. We are entitled to rely on the e-mail address and U.S. mail address that you last provided to us, and you agree to waive all claims resulting from your failure to receive communications from us due to a change in your e-mail or U.S. mailing address.
You can cancel your agreement to receive or access Communications related to these Terms and Conditions electronically by sending us a notice in writing that you are withdrawing such consent which includes your name, account number, and the date of the written notice; the cancellation is effective only after we have (1) received written notice at Insurent Agency Corporation, 122 East 42nd Street, Suite 3600, New York, NY 10168, and (2) had a reasonable period of time to act upon your withdrawal of consent. It does not otherwise operate as an opt-out of receiving any other information or Communications from us or third parties, electronically or in any other form, or in any way affect your obligation to abide by and comply with these Terms and Conditions at all times.
We may make available to you information that we obtain from our agents, vendors or partners, which we refer to as “Third Party Information.” We do not endorse or approve of such Third Party Information and make it available to you only as a service and convenience. We do not guarantee the accuracy, timeliness or completeness of such Third Party Information, or represent or warrant any results from your use or reliance on such Third Party Information, and we have no obligation to update any information or opinions contained in such Third Party Information. You agree that we have no liability for the provision, termination, interruption, delay or inaccuracy of any Third Party Information.
Prohibited Uses of the Site, our Services or our Products
You agree that you will not (1) use any electronic communication feature offered by or through us or the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy or property, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful, and you will comply at all times with all applicable laws and regulations; (2) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right, or the rights of publicity and privacy, without first obtaining the permission of the owner of such rights to such usage; (3) collect or store personal data about other users; (4) use our products or services for any commercial purposes not expressly approved by us in writing; (5) upload, post, e-mail, or otherwise transmit any advertising or solicitation material, including but not limited to junk mail, surveys, spam, chain letters, pyramid schemes or any other form of solicitation or unauthorized communication; (6) upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment; and (7) with the exception of using commonly known web browser software, use any software, program application or any other device to access or log onto our computer systems, the Site or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content to or from our computer systems, the Site or our proprietary software.
You agree that we may, but are not required to monitor, review or retain your communications to, by or with us. Conversations with our employees may be recorded to help us monitor the quality of service or for other business purposes. You agree that such monitoring activities by us will not entitle you to any cause of action or other right with respect to the manner in which we monitor your communications, with regard to how we enforce or fail to enforce these Terms and Conditions or any other rules or agreements of any service or product we provide to you, or with regard to any of our actions, omissions or failures to act in connection with the accounts, products or services you have with us. You agree that under no circumstances will we have any liability for any costs, damages, expenses or any other liabilities incurred by you as a result of any of our monitoring activities.
We may provide links to other sites. We do not control such other sites, and make no representations concerning the content of those sites. We do not endorse, authorize, sponsor and are not affiliated with any other site, its owners, its providers or any product or service offered at such site. You agree that we have no liability for any loss or damage caused by your use of or reliance on any content, goods, products or services available on or through other sites. All links from any third party site (“External Site”) to this Site require the express approval in writing from Insurent®, which may be obtained by contacting us at the address provided under “contact us” on this Site. We approve only the following links without further written approval: (a) text-only links which contain only our name and (b) links to only the Home Page on this Site and not to any other page which links open a fully operational, navigable browser window and not merely a “frame” on the External Site. In no case do we approve any links which, by their appearance, content, position or otherwise, create the false impression that we sponsor, endorse or are associated with the entity operating the External Site or the products or services offered by the External Site operator. In no case do we approve any links which we believe damages or impairs the goodwill associated with the name, logos, trademarks, service marks, copyrights or tradenames of Insurent® or any of our affiliates. We reserve the right to revoke our approval to link or change the terms or conditions of our approval to link at any time in our sole discretion.
Limitations of Liability
Access to the Site may be limited or unavailable during periods of peak demand, system upgrades, maintenance or for other reasons. If access to the Site is not available or delayed at any time, you agree to use alternative means to obtain your account information from us, such as by contacting one of our customer service representatives or using our telephone service at (800) 675-7619. You agree that we are not liable to you if you are not able to access your account information or use an online service through the Site.
IN NO EVENT WILL INSURENT® BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION AVAILABLE AT OR THROUGH THE SITE, OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION AVAILABLE AT OR THROUGH THE SITE.
Insurent® will not be liable for any loss resulting from a cause over which we do not have direct control, including, but not limited to: (1) the failure of electronic, mechanical data transmission or communication equipment or services; (2) interconnection, internet service, or data transmission problems, (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) problems with intermediate computer or communications network or facilities or your telephone, cable or wireless service; or (5) unauthorized access, theft, operator errors, acts of terrorism or war, severe weather, earthquakes, or other natural disasters or labor disputes. We are also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Site.
Disclaimer of Warranties
THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO WARRANTY OF NON-INFRINGEMENT REGARDING THIS SITE, THE INFORMATION THEREIN AND ANY ONLINE SERVICE OR PRODUCT OFFERED BY OR THROUGH THE SITE. MOREOVER, THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, THE INFORMATION THEREIN AND ANY ONLINE SERVICE OFFERED BY OR THROUGH THE SITE.
The information provided through the Site is provided “AS IS” and “AS AVAILABLE.” We do not warrant the accuracy, completeness or timeliness of the information, text, graphics, links or other items contained at or through our Site. We provide no guarantee against the possibility of deletion, mis-delivery or failure, or failure to store communications, personalized settings or other data. We expressly disclaim all liability for errors and omissions in, or the misuse of or the misinterpretation of any information contained at our Site that we are not otherwise legally required to provide to you. We may change the information contained at the Site at any time and we make no commitment to update the information contained at the Site on an ongoing basis. Electronic communications made to, from or through the Site may not be encrypted, and you acknowledge there is a risk that data, including e-mail, electronic communications and personal data, may be accessed by unauthorized third parties when communicated between you and us or you and other parties. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SITE AND THE INFORMATION AVAILABLE AT THE SITE.
You agree to indemnify, defend and hold harmless Insurent® and its affiliates and their officers, directors, employees, agents and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you or your agents of these Terms and Conditions, any violation of state or federal laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to negligent acts, will we or our affiliates be liable for any damages of any kind that result from the use of, or the inability to use, any of our products or services or the Site, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability. If any clause or provision of these Terms and Conditions is deemed invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Waiver. No waiver of any provision of these Terms and Conditions or of the rights and obligations of the parties shall be effective unless in writing and signed by an authorized officer or agent of Insurent®. Any waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
Successors and Assigns. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not transfer or assign any of the obligations, rights or interests under these Terms and Conditions without the prior written consent of Insurent®.
Attorneys’ Fees. If any claim, legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions or because of an alleged dispute, breach, default or misrepresentation in connection with the provision of the Site or these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that claim, action or proceeding, in addition to any other relief.
Governing Law. These Terms and Conditions shall be governed by the laws of the State of New York and, where applicable, by federal law. However, any issue relating to an Insurent® account, service or product accessible through the Site shall be governed by the law(s) specified in the agreement for that account, service or product, if any.
Dispute Resolution. You agree that you will notify Insurent® in writing of any claim or dispute concerning the Site, or the information or services or products provided by or through it, and give Insurent® a reasonable period of time to address the claim or dispute BEFORE bringing any legal action, either individually or as a class member, against Insurent®.
Waiver of Jury Trial; Limitation on Actions. ALL PARTIES, INCLUDING YOU AND INSURENT®, WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR OBTAINING PRODUCTS OR SERVICES THROUGH INSURENT® OR OUR SITE INCLUDING CLAIMS WHICH RELATE TO OR ARISE OUT OF ANY RENT GUARANTY. ANY CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE WITH RESPECT TO INSURANT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
© 2008-2016 Insurent Agency Corporation. Trademarks and service marks are the property of Insurent Agency Corporation. Upfront approval is subject to satisfactory credit review and no change in financial condition. Insurent Agency Corporation is licensed as an agent under the laws of the States of New York, New Jersey, Massachusetts, Illinois, Maryland, Virginia, Washington DC, Nevada and California at this time, and is permitted to transact the business of insurance only in those states.