When we refer to “we,” “us,” or “our,” we mean the owner if 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All coverage information provided by this site is in general terms and is superseded in all respects by the Insuring Company’s Agreements, Exclusions and Conditions of the Policy.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.
SMS/Text Messaging Terms & Conditions
Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from SOLOMON DEATON & BUICE (“AGENCY”), including text messages made with an Autodialer, at the mobile phone number(s) you provide.
You may opt-out of these communications at any time by replying STOP to any text message from AGENCY or by otherwise contacting AGENCY as indicated below. You can receive help at any time by replying HELP to any text message from AGENCY or by otherwise contacting AGENCY as indicated below. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from AGENCY. Messaging and data rates may apply.
By completing the SMS/Text Messaging Opt-In Form, you also accept and agree to be bound by these SMS/Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of AGENCY services.
AGENCY offers its text messaging program whereby AGENCY, and any applicable service providers, will text message you to provide you with information concerning your account activity with AGENCY and other AGENCY products, services, and promotions (all of the foregoing the “AGENCY Program”). AGENCY and its service providers may, from time to time, use standard or an automatic telephone dialing system (“Autodialer”) to deliver text messages to you under the AGENCY Program. You agree that you will not use the AGENCY Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the AGENCY Program.
Under the AGENCY Program, the number of AGENCY text messages that you receive may vary depending upon your account activity and your communication with AGENCY.
AGENCY does not impose a separate fee for sending AGENCY text messages under the AGENCY Program. However, standard message and data rates may apply to each text message sent or received in connection with the AGENCY Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Supported Carriers; Interruption
The AGENCY Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The AGENCY Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the AGENCY Program are available on all equipment/mobile devices, or through all wireless carriers. AGENCY may, from time to time, in its discretion and without notice to you, limit the carriers that support the AGENCY Program. Certain other carriers may not support the AGENCY Program.
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The AGENCY Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of AGENCY’s control, and AGENCY is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the AGENCY Program. If the AGENCY Program is not available within your intended location, you agree that your sole remedy is to cease using the AGENCY Program.
How to Opt-In
To opt-in to receive text messages from AGENCY under the AGENCY Program, complete the SMS/Text Messaging Opt-In Form and submit it to AGENCY. AGENCY will then send you a text message asking you to confirm your enrollment in the AGENCY Program.
How to Opt-Out
To stop receiving text messages from AGENCY, text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the AGENCY text messaging program. You may also opt out by providing written notice to AGENCY at 756 Poplar St, Macon GA, 31201_, by emailing AGENCY at email@example.com, or calling AGENCY at (478) 742-1275.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with AGENCY regarding your use of the AGENCY Program, including, without limitation, notifying AGENCY in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify AGENCY in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify AGENCY if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
To request more information, text HELP to the ten-digit long code from which the text messages are being sent. You may also receive help by providing written notice to AGENCY at 756 Poplar St. Macon, GA 31201, by emailing AGENCY at firstname.lastname@example.org__, or calling AGENCY at (478) 742-1275.
To receive AGENCY text messages or enroll in the AGENCY Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the AGENCY Program, and authorized to incur any mobile message or data charges incurred by participating. AGENCY reserves the right to require you to prove the foregoing to participate in the AGENCY Program.
Changes to These SMS/Text Messaging Terms & Conditions
AGENCY may revise, modify, or amend these SOLOMON DEATON & BUICE SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to AGENCY website. You agree to review these AGENCY SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive SOLOMON DEATON & BUICE text messages will indicate your acceptance of those changes.
Amendment; Termination of Text Messaging
SOLOMON DEATON & BUICE may suspend or terminate your receipt of SOLOMON DEATON & BUICE text messages if SOLOMON DEATON & BUICE believes you are in breach of these SOLOMON DEATON & BUICE SMS/Text Messaging Terms & Conditions. Your receipt of SOLOMON DEATON & BUICE text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. SOLOMON DEATON & BUICE reserves the right to modify or discontinue, temporarily or permanently, all or any part of SOLOMON DEATON & BUICE text messages and the SOLOMON DEATON & BUICE Program, for any reason, with or without notice to you.
Release; No Warranties; Limitation of Liability
By participating in the AGENCY Program, you agree to release and hold harmless AGENCY and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the AGENCY, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE AGENCY PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. AGENCY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall AGENCY be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the AGENCY Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the AGENCY Program, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND AGENCY ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND AGENCY OR ANYONE ACTING ON YOUR OR AGENCY’S BEHALF, OR THE AGENCY PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR BIBB COUNTY, GEORGIA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND AGENCY INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE; NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS.
ARBITRATION PROCEEDINGS MAY BE COMMENCED BY EITHER PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN BIBB COUNTY, GEORGIA UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and AGENCY alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and AGENCY arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and agency or anyone acting on your or AGENCY’s behalf, or the AGENCY Program, AGENCY, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.
The law of the State of GEORGIA, including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, construing, or enforcing these SMS/Text Messaging Terms & Conditions, the AGENCY Program, or any text messages between you and AGENCY or anyone acting on your or AGENCY’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling (478) 742-1275, by mail at 756 Poplar St. Macon, GA 31201, or by email at email@example.com .