AP Intego Terms of Service
Last Revised: Dec 14, 2020
1. Acceptance of Terms
By accessing or using the Services, or otherwise indicating your agreement to these Terms, you represent that (i) you are at least 18 years of age or the age of majority in your place of residence, and (ii) you have read, understand and agree to be bound by these Terms. If you do not to agree to these Terms, do not access or use any part of the Services.
2. Our Services
AP Intego is an online insurance agent for small businesses. We are not an insurance provider and are not responsible for the provision of insurance policies. AP Intego is licensed as an insurance producer in the states identified under “Licenses” (available via the Licenses link at the bottom of our website). The products and services on this website have been approved for use by the insurance regulators in those states. In addition to the disclaimers set forth in Section 9 below, AP Intego makes no representation that the products and services offered are appropriate or available for use outside of the states identified. If you access the Services from other locations, you hereby acknowledge and agree that you are viewing the products and services for general informational purposes only.
All quotes generated through the Services are based on information you provide to us and, in some cases, information we obtain from third parties. Quotes do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage. The coverage descriptions provided on the Services are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. To obtain insurance coverage, you must complete each required step indicated in the application form. Applications are subject to underwriting review and approval.
Additional terms and conditions may apply to certain Services. If additional terms apply, we will present those terms to you prior to your use of such Services.
3. Payment Terms
Access to and use of many aspects of our Services are free. You may choose to purchase products or services from us or third parties while using our Services, which may result in charges and fees to you. We will inform you in advance of any such charge or fee.
By submitting payment information for an accepted method of payment (“Payment Method”) through our Services, you authorize us to charge you these agreed-upon amounts, as well as any applicable taxes, payment processing fees, and late fees. All payments must be made in United States dollars. Except as may be expressly set forth in your Insurance Policy or as required by applicable law, we have no obligation to provide refunds or credits.
We may use a third party payment service to bill you and/or processing your payments. By submitting your payment information, you grant us the right to store and process your information with the third party payment service and for us to store any identification token provided by the third party payment service. You agree that we are not responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions, and policies of such third party payment services, in addition to these Terms.
Depending on the product or service you purchase, the following may also apply to you:
- Service Fees. Per your Fee Agreement, you may be charged a service fee, separate from the premium charged by the insurance company and in addition to the commission that AP Intego may receive from such insurance company.
- Payment Processing Fees. Separate from any service fees and/or fees for third-party products or services, you may be charged a separate payment processing fee, which covers the handling of the electronic verification and initiation of Electronic Fund Transfers (EFT) into the ACH system on your behalf, credit card processing fees, and/or not being able to successfully settle your payment due to insufficient funds.
- Pay As You Go Billing: We may offer “Pay As You Go” billing plans. The terms that apply to “Pay As You Go” billing plans are available here.
Our payment policies may be updated from time to time. We will attempt to notify you through the Services, your Account, or via an email address we have on file prior to such updates taking effect.
4. Your Account and Password
You do not need to register with us to visit and view the website; however, to access certain password-protected areas of the Services, you must register for an account with AP Intego (“Account”). To register for an Account, you must be a current and active customer of AP Intego. Our registration process will ask you to provide us with your first name, last name, and email address.
You must create a password for your account. You are solely responsible for the confidentiality of your password, as well as for any use of the Services made using your password. Your password should only be used by you, and you should not share your password with any third party. You agree that you shall monitor your Account and accept full responsibility for any unauthorized use of your Account. You agree to (i) notify us immediately of any unauthorized use of your password or any other breach of security and (ii) exit from your Account at the end of each session.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of AP Intego. We reserve the right to delete or change any usernames or password at any time and for any reason upon notice to you.
5. Ownership of the Services and Copyright Restrictions
The entire contents of the Services, including all information, software, text, displays, images, audio, design, selection and arrangement thereof (together, the “Content”) are proprietary to AP Intego or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.
You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any Content or Services without the prior written consent of AP Intego, except to: (i) store copies of such materials temporarily in RAM, (ii) store files that are automatically cached by your web browser for display enhancement purposes, and (iii) print a reasonable number of pages of the Services; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials.
Neither the title nor any intellectual property rights to any Content or Services are transferred to you, but remain with AP Intego or the applicable owner of such content. Except as expressly authorized by AP Intego in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Services, (ii) access to the Services, or (iii) use of the Services or Content.
The term “AP Intego” is a trademark and the AP Intego logo and all related product and service names, designs and slogans on the Services are trademarks of AP Intego or its affiliates. You may not use such marks without AP Intego’s prior written permission. All other names, brands and marks not owned by AP Intego are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
7. Your License to Use of the Services
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of AP Intego
The rights granted to you herein are subject to the following restrictions:
A. You may not: (1) upload to or transmit on the Services any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Services any advertisements or solicitations of business; (6) restrict or inhibit use of the Services by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Services or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Services); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by AP Intego, may harm AP Intego or users of the Services or expose them to liability.
B. Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Services (including password-protected areas), and all articles and responses to questions, other than the content provided by AP Intego, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of AP Intego. You understand and acknowledge that you are responsible for whatever content you submit, and you, not AP Intego, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Services, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Services. You grant to AP Intego the right to use all content you upload or otherwise transmit to the Services in any manner AP Intego chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
Your failure to comply with the provisions of (A) or (B) above may result in the termination of your access to the Services and may expose you to civil and/or criminal liability.
AP Intego reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Services which AP Intego, in its sole discretion, deems inconsistent with the foregoing commitments, including any material AP Intego has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Services. However, AP Intego can neither review all material before it is posted on the Services nor ensure prompt removal of objectionable material after it has been posted. Accordingly, AP Intego assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. AP Intego reserves the right to take any action it deems necessary to protect the personal safety of users of the Services and the public; however, AP Intego has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
8. Dealings with Third-Party Merchants
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through the Services, you acknowledge and agree that AP Intego is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that AP Intego will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website.
9. Disclaimers; Liability of AP Intego and Its Licensors
AP Intego does not assume any liability for Content provided on, or available through, the Services. The Services are not and should not be construed as insurance advice. Reliance on the Content and Services are solely at your own risk and AP Intego disclaims any liability for injury or damages resulting from the use of the Content or Services. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the applicable insurance policy and not the Content. Accordingly, you are encouraged to view/download a specimen of your actual policy documentation prior to making any purchase decision.
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER AP INTEGO NOR ANY PERSON ASSOCIATED WITH AP INTEGO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR CONTENT. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER AP INTEGO NOR ANYONE ASSOCIATED WITH AP INTEGO WARRANTS OR REPRESENTS THAT THE AP INTEGO SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES, CONTENT, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AP INTEGO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT WILL AP INTEGO OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, CONTENT, OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICES OR CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY AP INTEGO AND WHETHER OR NOT AP INTEGO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of third party sites).
If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement
11. Use of Personal Information
12. Security of the Services
You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, AP Intego reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. AP Intego reserves the right to investigate suspected violations of these Terms of Service.
AP Intego reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing AP Intego to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS AP INTEGO AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AP INTEGO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AP INTEGO OR LAW ENFORCEMENT AUTHORITIES.
13. Comments and Submissions
AP Intego welcomes your comments. All comments, suggestions or other information sent by you to the Services will become AP Intego’s property, and you agree that all intellectual property rights therein are transferred to AP Intego. You understand that any postings to publicly available portions of the Services are non-confidential for all purposes.
14. Links to Other Sites
The Services may contain links to other web sites on the Internet. AP Intego is not responsible for and does not endorse the content, products or services of any third-party websites, including, without limitation, sites framed within the Services or third-party advertisements, and AP Intego does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such web sites.
15. U.S. Government Users
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.
16. Compensation Disclosure
AP Intego is an appointed agent for the insurance companies we represent. AP Intego provides services to the customer on behalf of the insurer in connection with the placement of insurance. In our role as the insurance companies’ agent, we receive compensation from such insurance companies for our professional services in the form of commissions, which consist of a percentage of the premium collected by the insurance companies. In some cases, we may also receive additional compensation, under agreements with one or more insurance carriers, in the form of commission overrides, bonuses or marketing fees which can be based on some combination of volume, new business, persistency and other factors. AP Intego may be a party to such agreements with one or more of the insurers or insurance intermediaries with or through which AP Intego places insurance. Any additional compensation is not customarily attributable to a particular client and is not factored into a decision on where to place business. We are able to provide more specific information about our compensation structure at a client’s request.
17. Agreement to Conduct Electronic Transactions
We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Services. In addition, we need your consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically. If you enter into a transaction with us via the Services, you acknowledge that you have read our Agreement to Conduct Electronic Transactions (available here) and agree to the terms and conditions set forth therein.
18. Governing Law
These Terms of Service shall be governed in all respects by and construed in accordance with the laws of the State of Massachusetts USA, without regard to the State of Massachusetts’s conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms or your use of the Services shall be in the state or federal courts located in or near Waltham, MA. You agree to submit to the jurisdiction of such courts.
19. Updates to these Terms
AP Intego may revise and update these Terms at any time by posting the amended terms to Services. If we make any material changes we will attempt to notify you prior to the amended terms taking effect. If you have an Account, we may also send an e-mail to you at the last e-mail address registered to your account. Your continued use of the Services means that you accept and agree to the revised Terms. If you disagree with the Terms or are dissatisfied with this Services, your sole and exclusive remedy is to discontinue using this Services. The most current version of these Terms, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Services” hyperlink.
20. Contact Us
If you have any questions about these Terms, please contact us at email@example.com.