These Terms of Service ("Terms") govern your access to enterpriseofny.com (the "Site"), as well as our app, our products and our services ("Services"), all of which are owned and operated by Enterprise Insurance Brokerage, Inc. Please read these terms carefully before using our Services, as they constitute a legal contract between you and us. By accessing or using our Site or any of our Services, you hereby agree to these Terms, and you warrant that you are at least 18 years of age or the age of majority in your jurisdiction.
These Terms are in effect as of the date listed above. We reserve the right to modify these Terms from time to time and we will notify you of any material changes to these Terms via e-mail or other communication means. Your continued use of the Site or Services after any such changes constitutes an acceptance of the amended Terms, and you should continue to check this page for updates.
The Services described on the Site are intended for and are limited to users in the United States, and may be further limited based upon product approvals and other regulatory considerations. We reserve the right to determine eligibility.
Your use of our Services may involve our collection and transmission of certain personal information or other data. Policies governing our use of such data are set forth in our Privacy Policy, which is hereby expressly incorporated into these Terms of Use.
If you do not agree to the Terms or to the Privacy Policy, you may not use the Site or our Services.
Your Account
You do not need to register with us to visit the Site and access certain information. However, you will need to create an account in order to access certain password-protected areas of our Site and some of our Services. You hereby represent and warrant that the information you provide to us is truthful, accurate and current.
Your "Account Information" also refers to information you provide to us while applying for a policy or in filing a claim. You also hereby represent and warrant that such information is fully truthful, accurate and current, and that you will ensure it remains so by making any necessary changes in a timely fashion.
You must create a password for your account. Responsibility for the confidentiality of your password rests solely with you, as well as for any use of the Site or any of our Services made using your login information and password. This password should be used only by you, should not be shared with anyone else, and may be changed by us for any reason at any time upon notice to you.
Insurance Quotes & Coverages
Any quotes we generate based upon information provided by you do not constitute a contract, or in any way a binding agreement to extend insurance coverage unless and until we have confirmed that your coverage is in effect. Descriptions of coverage on the Site are merely explanatory and illustrative in nature and qualified by reference to the full terms and conditions of the applicable policy. In order to obtain insurance coverage, you must submit a complete application through our Site or our Services. Issuance of insurance will depend upon underwriting approval. Availability and coverages may vary by state
Claims Submissions.
In the event you submit a claim, any information you send to us with respect to your policy and the relevant loss is subject to our review and verification. We reserve the right to solicit further information before arriving at a determination of coverage.
In the process, a claim representative, whether an Enterprise Insurance Brokerage, Inc employee or a third-party contractor we have retained to assist us, may contact you to discuss your claim.
Usage License
In accordance with these Terms and our Privacy Policy, we are granting you a limited, non-transferable, non-exclusive and revocable license to access our Site and our Services, subject to certain conditions. Namely, you will not: (i) copy or use any aspect of the Site or the Services or any content contained therein for purposes other than your own personal use; (ii) sell, transfer, assign, license, sublicense or modify the Services for any public or commercial use; or (iii) use our trademarks, service marks or logos without our written consent in each instance.
The content on the Site includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, tradenames, service marks, logos, information obtained from our licensors and other materials (“Content”). Title to the Content on the Site remains with us. We invite you to view and use a single copy of the materials obtained from the Site for your personal, non-commercial use. Except as expressly permitted on the Site, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Site. No graphics, photographs or other visual elements obtained through the Site may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or us. You are not permitted to use the materials on the Site except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage the Site. You may not, without our written permission, “mirror” any Content contained in the Site on any other server.
The Site may be made available or accessed in connection with third party services and content (including advertising) that we do not control. Our Site may contain links to other websites provided by third parties. Please be aware that we do not control this third party content, including third party websites or any of the content contained therein. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. we do not endorse such third party services and content and in no event shall we be responsible or liable for any products or services of such third party providers. Once you have left our Site, we cannot be responsible for the privacy practices of such other websites.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED, TO THE MAXIMUM EXTENT OF THE LAW "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ENTERPRISE INSURANCE BROKERAGE, INC. MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND THE CONTENT AVAILABLE ON THE SITES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES OR CONTENT ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTERPRISE INSURANCE BROKERAGE, INC DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SERVICES, THE CONTENT, OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITES, REGARDLESS OF THE TYPE OF CLAIM OR ACTION, EVEN IF ENTERPRISE INSURANCE BROKERAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be equal to the amount the user paid to access the Site or the minimum amount permitted under such applicable law.
Indemnification
You agree to defend, indemnify and hold us and our officers, directors, employees, successors, licensees and agents harmless from and against any claims, damages, demands, obligations, losses, liability and expenses, including reasonable attorneys fees, arising from: (i) your use of the Site or the Services; (ii) any breach of these Terms; and (iii) any violation by you of any third-party right, including without limitation any copyright, property, publicity or privacy right. This includes all actions taken under your account. This defense, hold harmless and indemnification obligation will survive any modification or termination of these Terms and your use of the Services.
Termination; Modification
We may terminate these Terms and your access to all or any part of the Site or the Services at any time and for any reason without prior notice or liability. We retain the right to amend, suspend, or discontinue all or any part of the Site or the Services at any time without prior notice or liability. We also reserve the right, in our sole discretion, to modify the Site or the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site or the Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes, we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services. If you do not close your account you will be deemed to have accepted the changes.
Location and Choice of Law
We operate the Site in the United States, as may be further limited from time to time. You are not authorized to access or use the Site from outside the United States. All claims arising out of these Terms or relating to the Site will be governed by the laws of the state of New York, excluding the application of its conflicts of law rules.
MISCELLANEOUS
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. These Terms set forth the entire understanding and agreement between you and Enterprise Insurance Brokerage, Inc with respect to the subject matter hereof.
Web site Privacy Policy for Enterprise Insurance Brokerage, Inc.
This notice describes our privacy policy (“Notice”). By visiting our Web Site (“Web Site”), you are accepting the practices described in this Notice.
ARTICLE I– PRINCIPLES:
Section 1.01 -- Principles: We may gather and use information as follows:
(1) Notice: We may gather and use information as follows:
(a) Volunteered Information: We will receive and store any information you enter on the Web Site or give us in any other way that personally identifies you to improve your experience at the Web Site, to get a better general understanding of the type of individuals visiting the Web Site, and to enable us to contact you when needed. Typically you will provide information on the Web Site for the purchase of products or services or when you submit comments or questions for review by us.
(b) Automatic Information: To enable us to provide content that users need and desire, we collect aggregated site-visitation statistics using cookies. A Cookie is simply a small data file we place on your computer’s hard drive when you first visit the Web Site (“Cookie”). This file contains a unique number that helps us identify you when you return to the Web Site. Cookies are employed by thousands of web sites to enhance users’ web viewing experience. Cookies can neither damage user files nor can they read information from users’ hard drives. We combine all usage information provided by such Cookies and we do not monitor your use of the Web Site. Allowing us to create a Cookie on your hard drive will not give us or any other site access to the rest of your computer’s hard drive, and only we will be able to read the Cookie that the Web Site creates.
(c) Information Use: We use information for personal identification; to get a better general understanding of the type of individuals visiting the Web Site; to respond to your requests for purchases, comments, or questions; to improve your experience at the Web Site; to collect aggregated site-visitation statistics; and to alert you to product enhancements, special offers, updated information, and other new services from us. We also use information to alert you of subscription renewal discounts, to automatically renew your subscription and advise you of upcoming service offerings and events.
We may disclose information to third parties, or disclosing customer lists to commercial or charitable users thereof. Disclosure for such purposes is limited to your name, company, position, address, phone and fax numbers, and web site and email addresses. If you do not wish to have such information disclosed, please let us know by contacting us . To enable us to process your request, please include your name and address. Once properly notified, we will remove your name from the lists and disclosures as soon as we practicably can in the course of normal business practices.
When you order products or services from us, we ask for your credit card number and billing address. We use this information only to bill you for the products or services you order at that time and for no other purpose. Annual subscriptions are payable on the purchase date of the Subscription and renew automatically each anniversary unless canceled in writing thirty days in advance of each anniversary date.
Any user questions or comments submitted to us may become available in the public sections of the Web Site, including a section entitled “Frequently Asked Questions,” immediately after such questions or comments are submitted to us. If we publicize any user questions, such questions will not contain facts that identify the user or the specific parties involved. We also reserve the right to use any user comments submitted to us for promotional purposes and by submitting such comments to us you agree that we may do so.
We may release any user information if required to comply with law; to enforce or to apply the Web Site Terms and Conditions; or under the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights, properties, or safety of us or our users.
(2) Choice: We give you a choice as to the type and amount of private information we have, as follows:
(a) Volunteered Information: You can always choose not to provide certain information to us. If you choose not to provide personal information, you can still use many parts of the Web Site. However, you will not be able to purchase products and services and you will not be able to take advantage of many of our features. If you have previously provided certain information to us and you desire to remove such information from our databases, or if you do not wish for your information to be disclosed to third parties, you may contact us to remove such information.
(b) Automatic Information: Most web browsers automatically accept Cookies, but if you prefer, you can edit your browser options to block Cookies in the future. The “Help” portion of the toolbar on most browsers will explain how you can prevent your browser from accepting new Cookies, how to set the browser to inform you when you receive a new Cookie, or how to reject Cookies altogether.
(3) Access: We provide you with the ability to ensure that your personal information is correct and current. You may review and update your personal information by contacting us. For security purposes, we require user verification via user’s user name and password to receive personal information.
(4) Security: We protect the security of your personal information. We takes steps to protect your data from loss, misuse, alteration, destruction, or unauthorized access. We use sophisticated security technologies to secure users’ ordering information, user name, and password. We encrypt users’ ordering information, user name, and password (including users’ credit card account number) using Secure Socket Layer (“SSL”) technology. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. To support this technology, users must have an SSL-capable browser. SSL is one of the safest encryption technologies available. While we use such sophisticated security technology to secure users’ ordering information, user name, and password, we cannot guarantee that any electronic commerce is totally secure.
Section 2.01 -- User Safeguards: You are responsible for maintaining the secrecy of your user name, password, and any account information. It is important for you to be responsible and protect your user name, password, and computer against unauthorized users. It is important to sign off when you have completed using a computer accessible by others.
Section 3.01 -- Children: We do not sell products for children. Users of the Web Site must be at least eighteen years old. If a child has provided us with personal information, that child’s parent or guardian should contact us to delete such information from our records.
Section 4.01 -- Third Party Web Sites: Please be aware that the Web Site may have links to third party web sites that may collect personally identifiable information about you. When you click on one of these third party links, you are entering another web site for which we have no responsibility. This Notice does not cover the information practices or policies of such third party web sites. We encourage you to read the privacy statements of all such web sites since their privacy policies may be materially different from our Notice.
Section 5.01 -- Agreement and Modification: By using and accessing the Web Site you indicate that you have read and understand this Notice and you consent to the collection and use of information by us in the manner explained in this Notice. This Notice and the Web Site Terms and Conditions, including without limitation, provisions covering limitations on damages, arbitration of disputes, and the application of Texas law govern any dispute over privacy. By using and accessing the Web Site you agree to indemnify us for any and all third party claims resulting from your breach of this Notice or the Web Site Terms and Conditions. If you have any questions or concerns about your privacy at the Web Site, please contact us. If you do not accept this Notice, do not access and use the Web Site. We may revise this Notice at any time without notice by updating this Notice. Any modifications in the way we use personal information will be provided in future updates of this Notice so you are always aware of what information we collect, how we use it, and under what circumstances we disclose such information. Modifications will be effective immediately and will be available on the Web Site. You should visit this web page periodically to review the Notice. User accepts any such modifications to this Notice by continued use of the Web Site after such modifications are made.
Section 6.01 -- Please be aware that Google Analytics Advertising Features may be tracking visitor data on this website. Google Analytics may use cookies to collect Demographics and Interest Reporting data, which is used to get a better general understanding of the type of individuals visiting the Web Site; to collect aggregated site-visitation statistics; and to improve marketing initiatives, such as display and remarketing advertising. This information will not be sold to third parties, and the data collected through Google Analytics Advertising Features - including Demographics and Interest Reporting - is not personally identifiable. If you'd like to opt-out of Google Analytics Advertising Features tracking, click here.