TERMS AND CONDITIONS
Spot reserves the right to make changes at any time to the Offerings or these Terms. Any modifications to the Terms will be effective upon posting. Your continued purchase and/or use of the Offerings following posting of any revised Terms will constitute acceptance of the modified Terms. If you do not agree to be legally bound by these Terms, you are not permitted to purchase and/or use the Offerings.
- Intellectual Property.
1.1 Spot’s Intellectual Property. All content within the Offerings, including photos, design, text, graphics, logos, button icons, images, software, audio clips, digital products, product samples and data compilations; any improvements or modifications to such content; any derivative works thereof; and the collection, arrangement and assembly of all content on this Site; are the property of Spot or its licensors and are protected by United States and international copyright and other intellectual property laws. Spot shall have and retain all right, title, and interest in and to the Offerings, any additions, modifications or enhancements to it and all intellectual property rights associated with any of the foregoing, including, without limitation, rights to patents, copyrights, trademarks, trade secrets, or know-how (“Intellectual Property”). You acknowledge that Spot is the exclusive owner of the Offerings and that the Offerings are the proprietary Intellectual Property of Spot.
Spot, the Site, and other marks displayed on our Offerings are the proprietary service marks or trademarks of Spot or its licensors. Spot’s trademarks may not be used in connection with any product or service that is not Spot’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Spot. All other trademarks not owned by Spot that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Spot. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.
Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Spot or its licensors.
1.2 Your Information. Any communication or material you transmit to Spot, or post to the Site, by electronic mail or otherwise, including any data, questions, comments, suggestions, stories, homepages, or the like is, and will be treated as, non-confidential and non-proprietary. Spot, at its sole discretion, and without compensation to you, may use, not use, edit, adapt, modify or discontinue the use of any communication or material you transmit to Spot, or you post to the Site, for any purpose whatsoever including, but not limited to, disclosure, transmission, reproduction, distribution, publishing, broadcasting, or posting in any medium. Furthermore, Spot without compensation to you, is free to use, not use, edit, adapt, modify, or discontinue the use of any ideas, concepts, know-how, or techniques contained in any communication or material you transmit to Spot, or post to the Site, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.
2.1 Insurance Offerings. Spot is an insurance producer licensed in your state. Insurance producers are authorized by their license to confer with insurance purchasers about the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers. The role of the producer in any particular transaction involves one or more of these activities. Compensation will be paid to the producer, based on the insurance contract the producer sells. Depending on the insurer(s) and insurance contract(s) the purchaser selects, compensation will be paid by the insurer(s) selling the insurance contract or by another third party. Such compensation may vary depending on a number of factors, including the insurance contract(s) and the insurer(s) the purchaser selects.
In addition, Spot may charge a fee for administrative services. Clicking the "Free Quote" button will be deemed to signify your consent to and acceptance of the terms and conditions including the compensation, as disclosed above, that is to be received by the underwriter. The insurance purchaser may obtain information about compensation expected to be received by the producer based in whole or in part on the sale of insurance to the purchaser, and compensation expected to be received based in whole or in part on any alternative quotes presented to the purchaser by the producer, by emailing email@example.com and requesting compensation information.
In placing, renewing, consulting on or servicing your insurance coverages Spot and its affiliates may participate in contingent commission arrangements with the insurance underwriter that provide for additional contingent compensation, if, for example, certain underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the total amount of certain insurance coverages placed with the insurance underwriter or the overall performance of the policies placed with that insurance underwriter, not on an individual policy basis. As a result, Spot may be considered to have an incentive to place your insurance coverages with a particular insurance company. Where Spot participates in contingent commission arrangements with insurance companies, Spot may be entitled to additional commission in the range of 0 to 2% depending upon whether and when specified thresholds are achieved.
2.2 Third-Party Services. The Offerings may contain links to third-party websites, applications, advertisers, services, special offers or other events or activities (collectively “Third-Party Services”) that are not owned or controlled by Spot. Spot makes no representation or warranty regarding the Third-Party Services. SPOT IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY OFFERINGS, NOR DOES IT MAKE ANY REPRESENATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY OFFERINGS, AND SPOT SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.
2.3 Third-Party Products. Spot may provide third-party products, devices, or other equipment to assist in the provision of the Offerings or Third-Party Services (“Third Party Products”) that are not owned or controlled by Spot. Spot makes no representation or warranty regarding the Third-Party Products. SPOT IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY PRODUCTS, NOR DOES IT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY THIRD-PARTY PRODUCT AND SPOT SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.
2.4 Content on the Site. Although Spot may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Spot is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Spot will fully cooperate with any law enforcement authorities or court order requesting or directing Spot to disclose the identity of anyone posting any such information or materials.
2.5 Modification or Discontinuance of the Offerings by Spot. At any time and for any or no reason, Spot may modify or discontinue some or all of the Offerings. Spot shall in no way be held liable for any consequence which results from Spot's decision to modify or discontinue providing some or all of the Offerings.
3.1 No Medical Advice Provided. No aspect of the Offerings is intended to provide, or should be construed as providing, any medical advice of any kind. You should not disregard medical advice as a result of any content on the Site, or otherwise consider any content on the Offerings to be a substitute for professional legal advice. Please consult a qualified veterinarian or other medical professional regarding any medical concerns or issues.
3.2 No Legal Advice Provided. No aspect of the Offerings is intended to provide, or should be construed as providing, any legal advice of any kind. You should not disregard legal advice as a result of any content on the Site, or otherwise consider any content on the Offerings to be a substitute for professional legal advice. Please consult qualified legal representatives regarding any legal concerns or issues.
3.3 No Financial Advice Provided. No aspect of the Offerings is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any content on the Site to be a substitute for professional financial advice. Please consult qualified financial consultants regarding any investment, tax or other financial matters.
- Disclaimer of Warranties; Limitation of Liability; Disputes.
4.1 Warranty. YOU EXPRESSLY AGREE THAT YOUR PURCHASE AND/OR USE OF THE OFFERINGS, AND ANY INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED IN THE OFFERINGS, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPOT MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES ON OR ACCESSED VIA THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SPOT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE OFFERINGS IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE OFFERINGS. PLEASE BE AWARE THAT INTERNET DATA TRANSMISSION IS NOT ALWAYS SECURE AND WE CANNOT WARRANT THAT INFORMATION YOU TRANSMIT UTILIZING THE OFFERINGS IS SECURE. BECAUSE SECURITY IS IMPORTANT TO BOTH SPOT AND YOU, WE WILL ALWAYS MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS BUT SPOT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE OFFERINGS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
4.2 Limitation of Liability. IN NO EVENT SHALL SPOT, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIAES, AGENTS OR REPRESENTATIVES OF SPOT (THE "SPOT PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE OFFERINGS OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE INTERNET CONNECTION TO ACCESS THE OFFERINGS VIA THE INTERNET AND THAT SPOT WILL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE OFFERINGS DUE TO ANY POWER OR INTERNET DATA CONNECTION FAILURE. SPOT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT IMAGES, VIDEO OR AUDIO FROM THE SITE.
CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
4.3 Arbitration. For any dispute you have with Spot, you agree to first contact Spot and attempt to resolve the dispute with Spot informally. Unless resolved by mutual efforts of the parties hereto, disputes or claims that may arise out of or in connection with this Agreement and for which either party shall seek equitable relief, all differences, disputes or claims arising in connection with this Agreement or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association in Palm Beach County, Florida, by one or more arbitrators appointed in accordance with such Rules (and the arbitrator shall be obligated to provide a reasoned opinion). It is understood that the decision in such arbitration shall be binding on both parties and that a judgement upon any award rendered may be entered in any court having jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property related to the Offerings. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SPOT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- General Terms
5.1 Assignment. You may not assign or otherwise transfer these Terms or any rights or obligations hereunder. Spot's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Spot agrees to such waiver in writing.
5.3 No Waiver. No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term, and Spot’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
5.4 Section Headings. The section headings appearing in these Terms have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.
5.5 Survival of Certain Provisions. All provision indicating an ongoing obligation, which include but are not limited to 1. Intellectual Property; 4. Disclaimers of Warranty; Limitation of Liability; Disputes; and 8. General Terms and any other provision that by its terms survives the termination of your use of or access to the Offerings, shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use the Offerings after the termination of these Terms.
5.6 Legal Fees. Spot shall be entitled to recover its costs and reasonable attorney fee’s in any action pursuant to this Agreement.
5.7 Governing Law. The laws of the State of Florida will govern these Terms, without giving effect to any principles of conflicts of laws. You agree that any action (not governed by Section 4.3) arising out of the Terms or your purchase and/or use of the Offerings shall be brought in state or federal court in Palm Beach County, Florida, and you consent to the jurisdiction of such courts.
5.8 Contact. If you have any questions relating to these Terms, the Site, the Offerings or Spot, please contact: firstname.lastname@example.org.
- Fraud Warning Notice.
NOTICE TO APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
NOTICE TO CONNECTICUT APPLICANTS: Concealment, fraud. This entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the insured therein, or in case of any fraud or false swearing by the insured relating thereto.
NOTICE TO COLORADO APPLICANTS: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
NOTICE TO DISTRICT OF COLUMBIA APPLICANTS: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information material related to a claim was provided by the applicant.
NOTICE TO FLORIDA APPLICANTS: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.
NOTICE TO HAWAII APPLICANTS: For your protection, Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both.
NOTICE TO ILLINOIS APPLICANTS: A person who knowingly makes any false or fraudulent statement or presentation in or with reference to any application, or for the purpose of obtaining any fee, commission, money, or benefit from or in any company transacting business under this article, commits a Class A misdemeanor.
NOTICE TO KANSAS APPLICANTS: Fraudulent insurance act means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral, or telephonic communication statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto.
NOTICE TO KENTUCKY APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act which is a crime.
NOTICE TO LOUISIANA APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
NOTICE TO MAINE APPLICANTS: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits
NOTICE TO MARYLAND APPLICANTS: Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
NOTICE TO NEW MEXICO APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.
NOTICE TO NEW JERSEY APPLICANTS: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.
NOTICE TO NEW YORK APPLICANTS: Any person who knowingly and with intent to defraud an insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
NOTICE TO OHIO APPLICANTS: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
NOTICE TO OKLAHOMA APPLICANTS: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
NOTICE TO PENNSYVANIA APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
NOTICE TO TENNESSEE APPLICANTS: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
NOTICE TO VIRIGNIA APPLICANTS: It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or denial of insurance benefits.
NOTICE TO WASHINGTON APPLICANTS: It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits.
For Spot Referral Parent Terms and Conditions, click here