Last Update: March 27th 2024
1. ACCEPTANCE
These Terms of Use (the “Terms”) govern your visits to www.agentsonar.com (the “Platform”). Agent Sonar, PA. (“we,” “us,” or “our”) owns and operates this Platform. The term “you” refers to any user of the Platform.
These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.
2. NEUTRAL VENUE & ACCESSIBILITY
a) Venue. AgentSonar.com is an Independent Insurance Agency site. We are an Insurance broker offering insurance products. Our Platform is a neutral venue. We do not endorse any particular service provider listed on our Platform. WE SHALL NOT BE HELD LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION. We are not liable for the consequences of you disclosing your personal information to others.
b) Use of this website does not constitute a contract or binder for the purchase of insurance or any other product or service. Agent Sonar will not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
c) Agent Sonar takes no responsibility for and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
d) Interactive Features. This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
e) DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
f) Third Parties. The Platform contains references to third party websites and rely on third party services for support. We shall not be liable for any third-party venues and cannot guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third-party content on the Platform. Please note that this website may contain links to external third-party websites that Agent Sonar does not manage. We do not have authority over the content, privacy policies, or availability of these external sites. The presence of these links on our website should not be interpreted as an endorsement or approval of the linked sites. We encourage you to review their terms, conditions, and privacy practices independently.
g) No Professional Advice. Nothing on our Platform constitutes legal, career or any other type of professional advice on our part. Your use of the Platform does not form an attorney-client, employer-employee or any other professional relationship between you and us. If you engage anybody listed on our Platform, we are not a party to your interactions and transactions.
3. COMMISSIONS & FEES
As your insurance broker, Agent Sonar is committed to consulting with you on insurance contract terms and conditions and securing the insurance coverage(s) you require. Our compensation for facilitating insurance coverage is typically derived from commissions, which are calculated as a percentage of the insurance premiums and paid by the insurers, unless otherwise specifically negotiated and agreed to with our client.
In addition to commissions, we may receive supplementary compensation, both monetary and non-monetary, from insurers and other insurance intermediaries (including those affiliated with Agent Sonar). This additional compensation may be based on various factors, such as the volume and profitability of the insurance policies we arrange and may be subject to agreements that incentivize business growth or enhanced distribution partnerships with insurers or intermediaries. These arrangements could be in place with one or more of the insurers or intermediaries involved in your insurance placement.
We are prepared to provide details on the expected compensation we receive, including any additional earnings from alternative quotes related to your insurance arrangement if applicable, upon request.
4. AFFILIATE DISCLOSURE & AGREEMENT TO SHARING
a) Affiliate Disclosure. This Platform contains affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions or experiences on everything you see on our Platform. We review all products we find useful, not just the affiliate ones. Any product claim, statistic, quote or other representation about a product or service should be independently verified with the vendor, manufacturer, expert, service provider or other party in question.
b) Agreement To Sharing. If you submit a form on our Platform through this website or one of our Platforms webpages, you are making an inquiry about the Insurance related services offered by Agent Sonar or its affiliates. You recognize and agree if you submit an inquiry, Agent Sonar has the rights to share the information you provided including but not limited to your complete name, email, address, phone number (cell and land line) with our affiliates so they can respond to your inquiry. You also give Agent Sonar permission to share your information (either as provided by you or as corrected by us). You recognize Agent Sonar is not part of any agreement you make with any affiliate, and this affiliate is solely responsible for their services to you. You agree that Agent Sonar will not be liable for damages or costs which arise from use of the affiliates’ services.
By submitting one of Agent Sonar’s contact request forms for more information or to speak to an Insurance Agent, you consent to be contacted by telephone (on a recorded line), pre-recorded calling, text message, email, fax, social media, or any means, – this is even if you have opted in to the National Do Not Call List, any state equivalent to the Do Not Call List or the internal Do Not Call List of any company, anywhere. You understand we may maintain the information you submitted if you choose to not use our products and services. If you decide you do not want to continue to receive communications from Agent Sonar, you can opt-out of various methods here: [email protected].
5. INTELLECTUAL PROPERTY
a) Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
b) Your Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you upload any content to the public areas of our Platform, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
c) Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to [email protected]. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
i. Identify the copyrighted work that you claim has been infringed.
ii. Identify the material or link you claim is infringing.
iii. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
iv. Include both of the following statements in the body of your report:
– “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
– “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
v. Provide your full legal name and your electronic or physical signature.
6. ACCEPTABLE USE POLICY
By visiting this Platform, you represent and agree that:
a) You have a full capacity to enter into a legally binding agreement, such as these Terms.
b) You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
c) If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
d) You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone’s private information without consent, pyramid schemes, multilevel-marketing, “get rich quick” offerings, encouragement of violence.
e) You will ask for our permission before copying anything from our Platform for republication.
f) You will not use our Platform for anything illegal.
g) We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
h) Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
i) You will not impede the proper functioning of the Platform.
7. CONFIDENTIALITY
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
8. Privacy
Your use of www.AgentSonar.com is subject to the platforms Privacy Policy. Please Review our Privacy Policy which also governs the platform and informs users of our data collection practices.
9. BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
b) WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR ANY OF THESE TERMS OR USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
12. ARBITRATION; CLASS ACTION WAIVER
a) Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be governed by the laws of the State of Florida. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
b) Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
13. GENERAL
a) Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
b) Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
c) Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
d) Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
e) Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
f) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
g) Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
h) Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
14. Changes to Terms
Agent Sonar reserves the right, in its sole discretion, to change the Terms under which www.AgentSonar.com is offered. The most current version of the Terms will supersede all previous versions. Agent Sonar encourages you to periodically review the Terms to stay informed of our updates.
15. CONTACT US
Please address your questions and feedback to [email protected]
