Client Terms and Conditions
By using Insurance Nsight LLC (“IN”) or accessing InsuranceNsight.com (“Site”), or any of the Site's content (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions ("Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the terms carefully. The terms constitute a legally binding agreement between you and Insurance Nsight, LLC based in Oklahoma and manages InsuranceNsight.com. You covenant, represent and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Site, including provision or use of any content, does not violate any applicable law.
- Our Services. Consumers are collectively called the Site’s ("Users") who have visited our Site and applied to receive insurance or other authorized quotes from an Agency, organization authorized to solicit or service insurance, or an individually licensed insurance agent (all to be furthermore referred to as "Agent"). We are not involved in the actual transaction between any Consumer and Agent even though we may and with each User’s authorization, gather certain information ("Lead") about any User and sell such lead to an Agent. The users ability to pay for the products offered are solely the responsibility of each User and Agent.
- Lead Generation and Delivery. InsuranceNsight.com will gather information that consumers willingly input and acknowledge (“Lead”) they are interested in being contacted by an Agent and shall deliver information regarding such Leads to Agent. The information requested by us will include the following: Name, Address, Date of birth, Phone number, Email, what lines of business the User wants quotes for or information on, what has the User shopping for insurance, when is user renewal, and preferred contact method. Agent will be given a username and password to InsuranceNsight.com where Agent will be able to access Leads (“Agent Site”). Insurance Nsight will deliver Leads as requested by Agent in the method they choose (email, Agent Site). Insurance Nsight does not guarantee continual delivery by Agent’s preferred methods, and the Agent Site is considered the primary source of Lead delivery. Insurance Nsight will deliver a Lead statement upon request from Agent.
- Bad User Leads. Insurance Insight takes our Leads seriously. For the purpose of this Agreement, the defined term "Bad User Leads" shall mean any Lead that contains invalid contact information. Insurance Nsight does not verify any information collected for Leads and sold to an Agent. An agent may discover that a User input incorrect information. Agent may return Bad User Leads (as defined below) within five (5) business days of original receipt to receive credit for such Bad User Leads. All Bad User Leads not returned within five (5) days will be ineligible for a credit and payment shall be due in full. All lead credit requests are subject to review by Insurance Nsight for approval or denial. Upon receiving a notice of cancellation from Agent, all non-credited Bad User Leads delivered to Agent will be ineligible for credit. A final statement will be generated and emailed to the Agent and payment will be due in full same day.
- Use of Leads. It is understood that the Agent shall only use the information contained in Leads to contact the applicable user regarding such consumer's interest in making a purchase from Agent. Agent, under no circumstance shall transfer, sell or otherwise disclose information contained in Leads to any third party without the prior express written consent of the user or Insurance Nsight, LLC.
- Distribution of Leads. Insurance Nsight, LLC will not distribute leads to more than one agent representative of the same company/carrier/license number (ex: only one Farmers agent will receive a specific lead from Insurance Nsight, LLC. Insurance Nsight, LLC will not distribute leads more than the maximum selection available of 3 Agents. Users do have the ability to choose less than the 3 limit maximum. In the event the User chooses less than 3 then we will only distribute the lead according to the user’s selections.
- Advertising Content. Agent is required to provide Insurance Nsight, LLC all text, images, links, social media and URL's (collectively the "Content") necessary for Insurance Nsight, LLC to provide the Services. The Agent grants Insurance Nsight, LLC the right to use, reproduce, publicly display and distribute the Content for the expressed purpose of providing the Services previously agreed upon.
- Term of Agreement: The term of this Agreement shall commence on the date of account activation and shall continue until either party terminates the Agent account.
- Termination of Agreement. It is understood that either party may terminate this Agreement at any time for any reason upon written notice to the other party. Immediately after termination, Insurance Nsight, LLC shall cease providing the Services and Agent account with Insurance Nsight, LLC shall be terminated. In accordance with the termination date of this Agreement, (a) Agent shall pay to Insurance Nsight, LLC any amounts due and payable for Services provided prior to the date of termination, and (b) all remaining deposits made to Insurance Nsight, LLC are fully refundable, after all amounts due have been satisfied. (c) Any promotional credits (i.e. referral bonuses, sign up bonuses, etc...) applied by Insurance Nsight, LLC will be forfeited at the time of cancelation. The current account balance will be re-calculated without the promotional funds and the credit card on file will be charged the final balance. Sections 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18 and 19 shall survive any termination of this Agreement.
- Client Representations and Warranties. Agent hereby represents and warrants to Insurance Nsight, LLC that (a) it shall maintain all licenses and authorizations required by all applicable authorities allowing it to act as a licensed insurance professional, (b) Agent shall comply with all applicable local, state and federal laws, ordinances, regulations and orders (Collectively the “Laws”) in performance of services for Leads, (c) the Content, trademarks, logos, testimonials and other materials submitted to Insurance Nsight, LLC by Agent do not and shall not contain any content, materials or advertising that is inaccurate or that infringes on or violates any intellectual property rights of any third party, and (d) the Content and other materials submitted to Insurance Nsight, LLC by Agent shall comply with all Laws. (ii) In addition, Agent hereby acknowledges their understanding of the lead types available through Insurance Nsight, LLC.
- Insurance Nsight Disclaimer of Warranties: The services are provided to Agent on an “as-is” and “as available” basis. Insurance Nsight expressly disclaims all warranties and conditions, express or implied, arising by law or otherwise, with regard to the services. Insurance Nsight will do it’s best to meet the highest standard of quality service. However, we cannot make a representation or warranty: (A) That the service will meet the clients needs , (B) That the service will be timely, error-free, uninterrupted or secure, (C) As to the results that may be obtained from the client’s use of service.
- Indemnification Clause: Client shall defend, indemnify and hold harmless the other party and its subsidiaries, affiliates directors, officers, employees, agents or assigns from and against all third party claims, costs, liabilities, judgments, expenses and damages (including amounts paid in settlement and reasonable attorneys' fees) (collectively, "Losses") to the extent such Losses arise out of or are in connection with Client's breach of any covenants, warranties, or representations made herein or any negligent act or willful misconduct by Client or Client's directors, officers, employees, agents or assigns.
- Liability Limitations: In no event shall Insurance Nsight be liable to Agent(whether in contrat or in tort or otherwise) For the cost of procurement of substitute services or for any direct, indirect, incidental, special, exemplary or consequential damages (including, without limitation, any loss of data, revenue or profits or business interruption) or other pecuniary loss arising out of this agreement, even if Insurance Nsight has been advised of the possibility of such damages.
- Terms of Payment/Disconnect Provision:
a. Pricing: Agent agrees to purchase Leads placed in Agent’s Account at the prices set forth by Insurance Nsight. Prices are subject to change at any time at Insurance Nsight’s sole discretion. Insurance Nsight will notify Agent by e-mail of any pricing changes at least ten (10) days prior to the change. After the expiration of such 10-day period, Agent will be bound by any such pricing changes, regardless of Agent’s failure to review the then-current price list or to read or receive any such e-mail for any reason, subject to Agent’s right to terminate this Agreement in accordance with Paragraph 7 above.
b. Insurance Nsight requires no minimum monthly spend. We do offer account manager services with additional value added benefits. The current monthly cost is set at $25. If no account manager is purchased then there is no minimum monthly fee to use our services.
c. Insurance Nsight shall automatically re-charge the Agent’s credit card a set amount determined by the Agent at the time of sign-up to pay for leads delivered.
d. All initial deposits made to Insurance Nsight by Agent or Agency as it relates to the signed agreement are refundable. Once leads are delivered and the return is past due those funds will not be refundable. Insurance Nsight will continue to deliver leads to the subscribed Agent after these funds are exhausted and the Agent’s card will be re-charged pursuant to the terms of the agreement. If this payment is disputed it will be subject to the same penalties described in section d and e below.
e. In the event of a declined charge, Insurance Nisght will suspend lead delivery and notify client of the declined card. Agent has (3) business days after notification to provide Insurance Nsight with payment. Amounts unpaid after such date shall bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) until paid in full. In the event of any failure by Agent to make payment, Agent shall be responsible for all reasonable expenses (including attorneys' fees) incurred by Insurance Nisght in collecting such amounts. Without limiting any other remedy available to Insurance Nsight in law or equity, in the event that Agent is in default of its obligations hereunder, including without limitation delinquent in payments required to be made hereunder, Agent shall upon notice by Insurance Nsight cease and desist from any further use of any Leads or other information acquired under this Agreement. All amounts due hereunder shall be paid in U.S. dollars.
f. All amounts invoiced shall be exclusive of taxes and Agent shall be responsible for all applicable taxes, customs, duties, fees and levies of any nature whatsoever. Insurance Nsight reserves the right to take an account offline if payments due to Insurance Nsight are not received in accordance with this Agreement.
- Production Credits and Advertising: Agent hereby grants to Insurance Nsight the right and license to use Agent’s corporate logo, and any testimonials in any advertising or public relations campaigns related to promotion of the Services. Additionally, it is understood that Insurance Nsight shall have full authority and permission to receive site and screen credits acknowledging its role as the developer of the Internet presence and producer of any associated multimedia.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma without regard to principles of conflict of laws. The parties agree that any action, suit, claim or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall be brought by the parties in a Oklahoma state court or a federal court sitting in the State of Oklahoma, which shall be the exclusive venue of any such action, suit, claim or proceeding. Each party waives any objection which such party may now or hereafter have to the laying of venue of any such action, suit, claim or proceeding, and irrevocably consents and submits to the jurisdiction of any such court in the State of Oklahoma (and the appropriate appellate courts) in any such action, suit, claim or proceeding. Nothing contained herein shall be deemed to affect the right of any party to serve process in any manner permitted by law.
- Independent Contractor. Insurance Nsight shall be and act as an independent contractor (and not as the agent or representative of Agent) in the performance of this Agreement. This Agreement shall not be interpreted or construed as (a) creating or evidencing any association, joint venture, partnership or franchise between the parties, (b) imposing any partnership or franchisor obligation or liability on either party, or (c) prohibiting or restricting Insurance Nsight performance of any services for any third party.
- Force Majeure. Insurance Nsight shall not be liable for any nonperformance, delay, error, data loss or other loss caused by an event or conditions that are beyond the reasonable control of Insurance Nsight.
- Notice. Any notice to Agent under this Agreement will be deemed properly given if sent by means of email to the email address Agent provided or by written communication mailed by first class U.S. mail to the address Agent provided. Any notice to Insurance Nsight under this Agreement will be deemed properly given if sent by written communication delivered by first class postage prepaid U.S. mail to Insurance Nsight. Each party may change its address for notices under this section by giving the other party notice of the change in accordance with this section.
- Nonwaiver. Any failure by Insurance Nsight to insist upon or enforce strict performance by Client of any of the provisions of this Agreement, or to exercise any right or remedy under this Agreement, shall not be construed as a waiver or relinquishment of Insurance Nsight right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same shall be and remain in full force and effect.
- Entire Agreement. This Agreement (reference above) constitutes the entire agreement, and supersedes any and all prior agreements, written or otherwise, between Insurance Nsight, LLC and Agent with respect to the Services rendered. No amendment, modification or waiver of any of the provisions of this Agreement shall be valid unless set forth in a written instrument singed by an owner of Insurance Nsight, LLC to be bound thereby. Agent shall not assign any of its rights, obligations or interest in this Agreement.