For the purpose of these Terms and Conditions, the Client is defined as the insurance agent subscribing to the services provided by The Insurance Wizard. By utilizing the services provided by The Insurance Wizard, the Client agrees to accept the following Terms and Conditions
- REPRESENTATIONS AND WARRANTIES
A Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes (including identifying and procuring required permits, certificates, approvals and inspections).
B Each party represents and warrants that it shall use commercially reasonable efforts to protect Clients information and lead information distributed by The Insurance Wizard including but not limited to Name, Address, Credit Rating and Driving Record Rating
C Each party agrees to indemnify and hold each other harmless, its parents and affiliates, their respective officers, directors and employees, jointly and severally, against any liabilities, losses, damages, costs or expenses, including reasonable attorney’s fees, arising from any third party claim, action, or proceeding based upon or in any way related to any breach or alleged breach of any covenants or representations or warranties contained in this Agreement.
D Except for the representations and warranties set forth in this Agreement, neither party makes any representation or warranty in connection with the subject matter of this Agreement and hereby disclaims any and all warranties, expressed or implied; including without limitation all implied warranties of merchantability and fitness for a particular purpose.
- LIMITATION OF LIABILITY
A Neither party shall be liable, whether in contract or in tort (including breach of warranty, negligence and strict liability in tort) for indirect, consequential, exemplary, punitive or special damages even if such party has been advised of the possibility of such damages in advance. Notwithstanding the foregoing or anything else herein to the contrary, no such exclusion of either party’s liability will apply with respect to any claims based on sections 2(C) or (D) of this Agreement, or on such party's willful misconduct or gross negligence.
B Client acknowledges the accuracy of The Insurance Wizards
C The Insurance Wizard shall not be liable for losses resulting from computer error or system failure outside of reasonable control.
D Except for indemnification obligations herein and in connection with section 2(C), in no event shall The Insurance Wizard be liable for a sum in excess of one month's fees, except to the extent liability arises due to the gross negligence, criminal or intentional misconduct or misrepresentations by The Insurance Wizard or its employees.
- TERM
A This Agreement will commence on the date the Client completes the enrollment process for The Insurance Wizard and remain in effect throughout the Clients subscription to The Insurance Wizard services.
B This Agreement may be terminated at any time by either party, effective immediately upon notice, if the other party (a) becomes insolvent; (b) files a petition in bankruptcy, (c) makes an assignment for the benefit of its creditors, or (d) reasonably believes the system infringes upon the patent, copyright, or intellectual property rights of a third party.
C Either party may terminate this Agreement, effective upon seven (7) days written notice.
- PAYMENT, REFUNDS, EXCHANGES
A Client shall be billed on the 1st of each month for the leads dispersed within the prior month. Client agrees to automatic bill payment using the credit card on file in the Clients profile contained within The Insurance Wizard website. If the Client's on file credit card is declined, the Client will be notified of the issue via email and is required to resolve the declined transaction with the Clients bank and/or update the Clients profile with an alternate credit card within three (3) business days. If the Client has failed to resolve the matter within the allowed time frame the Clients account with The Insurance Wizard will be placed into a hold status thus preventing any further lead distribution until the balance of the Clients account with The Insurance Wizard is paid in full.
B No Exchanges shall be processed for any leads distributed by The Insurance Wizard. Leads are automatically distributed via a round robin architecture based on the subscription criteria contained within the Client's profile. This criteria including but not limited to Zip Code, Language and Insurance Rating was selected by the Client during the initial registration to The Insurance Wizard website. The Client can modify the criteria selections at any time by updating the Clients profile within The Insurance Wizard's website
C No Refunds shall be issued for any leads distributed by The Insurance Wizard nor does The Insurance Wizard guarantee the quality of lead distributed by The Insurance Wizard.
- CONFIDENTIALITY
A The parties shall hold this Agreement in confidence and will not disclose the Terms and Conditions of it, nor any other proprietary information to any third party without the prior written consent of the other party.
- MISCELLANEOUS
Titles or paragraph headings are solely for convenience of reference and are not intended and shall not be deemed to modify, explain or place any construction on any provision of this Agreement. This Agreement is executed in and governed by the laws of Florida. If any of the provisions or portions of this Agreement are held unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. The Insurance Wizard reserves the right to update or modify these Terms and Conditions at any time without prior notice. By utilizing the services provided by The Insurance Wizard, the Client agrees to any and all changes in the Terms and Conditions.