Terms & Conditions
THE JONES AGENCY, INC. (“JONES”) ASKS THAT YOU PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) BEFORE USING THIS SITE. By continuing to access or use Jones’s website, data, information, products, applications, or services (collectively “Services”), you acknowledge that you have read and understand these Terms and agree to be bound by them. If you do not accept or understand all of these Terms, do not access or use this site and cease your current access.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. CONDITIONS OF SERVICE
You warrant that you are at least 18 years of age and can enter into binding contracts for insurance or other goods. Persons less than 18 years of age may not use this site and must leave immediately.
You further warrant that all information you provide about yourself or your organization is true and complete information. You agree to promptly notify Jones of any changes in the information provided about yourself or your organization or any other material changes that could impact your use of the Services.
You agree that any document or electronic information delivered through the website by “clicking” on the designated spaces in or relating to such document shall be deemed to be “in writing” and to have been “signed” and delivered for all purposes by you. Any record of such confirmation (including, without limitation, electronic records) shall be deemed to be “in writing.” You further agree that you shall not contest the legally binding nature, validity, or enforceability of any document or confirmation based on the fact that it has been executed by “clicking” on the designated spaces and expressly waives any and all rights you may have to assert such a claim.
You further agree: (i) to comply with applicable U.S. federal, state, and local laws and regulations regarding the transmission of any information obtained from the Services; (ii) not to use the Services for false, fraudulent, or illegal purposes; (iii) not to use any device, software or similar technology that interferes or disrupts the operation of this site; and (iv) to comply with the authorized use of and entry into Jones’s systems and Services.
2. INSURANCE SERVICES
You are not required to use Jones for insurance brokerage services in order to obtain an account and use Jones’s software. You may use the software for free. However, if you choose to use Jones’s insurance brokerage services (“Insurance Brokerage Services”), you agree to: (i) designate Jones as your broker of record or agent of record; (ii) authorize Jones to communicate such designation as broker or agent of record to any insurance carrier, your prior insurance producer, and any other person or entity Jones determines should be advised; (iii) work exclusively with Jones for such Insurance Brokerage Services unless Jones has otherwise expressly agreed; and (iv) permit Jones to receive any commission or other form of compensation that any insurance carrier agrees to pay to Jones in connection with the provision of Insurance Brokerage Services. For further information regarding Jones’s compensation, please see the jones Compensation Disclosure.
3. INTELLECTUAL PROPERTY OWNERSHIP
This website, including but not limited to its trademarks, trade names, service marks, content, materials, designs, text, photographs, video, audio, and graphics (collectively “Content”), belong to Jones or to other parties. No one is authorized to use or alter any of the Content in any manner without the prior written permission of the owner of the Content.
The Content is protected by U.S. and international copyright law and treaties, and shall not be transmitted, broadcast, copied, adapted, displayed, reproduced, republished, uploaded, downloaded, posted, distributed, performed, or otherwise used without the prior express permission of Jones. All Content, databases and other intellectual property rights associated with the Services, whether registered or unregistered, and related goodwill, are proprietary rights of Jones. Your use of and access to this site does not grant you a license or any right to use any of the Content.
Modification of any Content or materials displayed on the website or the use of any materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of Jones and is prohibited.
4. RESTRICTIONS ON USE
You agree to use the Services solely for your own personal use and benefit or for that of your organization. You may not use this site or the Services for any commercial, financial, or other similar purpose without the prior written consent of Jones.
5. CONSENT FOR ADVERTISING OR MARKETING PURPOSES
As consideration for use of the Services, you grant Jones a non-exclusive, royalty-free, perpetual, irrevocable license and right to publicly display, distribute, reproduce and use your name, photo, likeness, business affiliation, or similar information throughout the world in any media solely as part of the features of the Services, including as part of Jones’s advertising or marketing.
6. DISCLAIMER OF WARRANTIES – GENERAL
JONES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE REQUIRED BY APPLICABLE LAW. JONES DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY CONTENT OR OTHER INFORMATION PUBLISHED THROUGH THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL JONES BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF JONES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES, ARISING OUT OF OR RELATING IN ANY WAY TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES OR CONTENT LINK; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (C) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES; (D) ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (G) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF ANY THIRD PARTY SITE; (H) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF JONES, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS, OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICES; (I) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE) TO SUBMIT APPLICATIONS FOR INSURANCE PRODUCTS OR SERVICES; (J) ANY ACTIONS ASSOCIATED WITH THE SUBMISSION OR HANDLING OF A CLAIM; (K) ANY ACTIONS ASSOCIATED WITH THE DELAY IN ISSUING ANY CERTIFICATE OF INSURANCE OR THE HANDLING OR TRACKING OF CERTIFICATES OF INSURANCE; OR (L) ANY OTHER MATTER ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE CONTENT OR USER CONTENT. JONES IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO DISCONTINUE USING THE SERVICES OR ACCESSING THE CONTENT. IN NO EVENT WILL JONES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED THE AMOUNT OF COMMISSION, FEE, OR OTHER REMUNERATION EARNED BY JONES FOR PROVIDING SERVICES TO YOU FOR THE TWELVE MONTHS PRIOR TO THE ALLEGED ACT CAUSING DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW SUCH LIMITATION OF LIABILITY, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
8. LIMITATION OF LIABILITY – WAIVER OF UNKNOWN CLAIMS
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
IF ANY OF THE FOREGOING LIMITATIONS IN SECTIONS 6 THROUGH 8 ARE FOUND TO BE INVALID, JONES’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Jones and its employees, representatives, suppliers, and agents from and against any and all claims, suits, actions, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by Jones in connection with, arising out of or in any way related to: (i) your use of the Services or the Content; (ii) your violation or alleged violation of the Terms, including, without limitation, your violation or alleged violation of any applicable law; (iii) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; (iv) your violation of any other state or federal law or regulation and (v) your use of Third-Party Services (defined below). Jones reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
11. NO LEGAL ADVICE
Any information you access on this website does not constitute a recommendation, advice, or complete description of any products, Services, or plan.
Coverage is provided by various insurance companies and is subject to the terms and conditions contained within your specific policy. The availability of coverage under your specific policy depends on the policy language, the facts of the claim, and the law of the jurisdiction governing the interpretation of the policy.
You must not rely on the information on this website as an alternative to legal advice from an attorney nor should you delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action based on the Services or Content.
12. THIRD-PARTY SERVICES AND LINKS
Jones may make branded services of third party vendors available to you to help manage your risks (“Third-Party Services”). Although these Third-Party Services may be billed through Jones, Jones assumes no liability for the Third-Party Services or any disputes associated with any Third-Party Services.
13. LICENSED ENTITY
The Jones Agency, Inc. is licensed as an insurance broker or agent in various U.S. states. This website is not intended as a solicitation for insurance in any state or province where Jones is not licensed.
The Jones Agency, Inc. license numbers per state are as follows:
New Jersey 1642146
New York 1421426
14. APPLICATIONS DO NOT BIND INSURANCE
Submitting an application for an insurance quotation through this website or by phone does not constitute a binder of insurance coverage, although it may be used by Jones to provide an estimate of the terms, conditions, and costs of coverage. A quotation may be subject to receipt of additional information or other conditions.
15. BENCHMARKING DATA
Jones uses commercially available benchmarking data. Jones makes no guarantee as to the accuracy of its benchmarking data. Moreover, this information is not a quote or an offer of coverage at a specified price.
16. NO UNDERWRITING SERVICES
Insurance companies decide to offer, renew, cancel, or non-renew insurance coverage or otherwise provide customers with the requested insurance products. Jones does not provide any underwriting services and is not responsible or liable for any resulting loss.
17. CERTIFICATES OF INSURANCE
Jones may obtain, review, and track certificates of insurance for you. Jones does not independently verify the information in these certificates of insurance. You must not rely on the information provided by Jones as an alternative to legal advice from an attorney nor should you delay seeking legal advice, disregard legal advice, commence, or discontinue any legal action.
You should also understand that a certificate of insurance is an informational document that evidences the existence of the policy to which it refers. It does not create any coverage or legal obligations between the insurance company and the certificate holder. Nor does it confer additional insured status to a certificate holder. A certificate of insurance does not alter the terms of the parties’ underlying contract or indemnity agreement.
A certificate of insurance typically identifies the agent or broker, the insured, and the insurer providing the coverage. It also gives basic information about the policy to which it refers, including the type of insurance, the policy number, the effective and expiration dates of the policy, and the liability limits.
To fully understand the potential coverage provided under a policy, a certificate holder should secure a copy of the insurance policy and consult with a qualified attorney.
18. POLICY SUMMARIES
The coverage, exclusion, endorsement, and other summaries provided by Jones are for general informational purposes only. They not intended to provide legal advice, and should not be treated as such.
Jones uses its best efforts to prepare the policy summaries, but does not guarantee their accuracy. You should review your actual policy to confirm coverage. The availability of coverage under your specific policy depends on the policy language, the facts of the claim, and the law of the jurisdiction governing the interpretation of the policy.
19. NO MODIFICATION OF INSURANCE POLICY OR COVERAGE
Unless otherwise expressly stated in writing, nothing contained on this website or provided to you by Jones should be construed as modifying, changing, or altering your policy or coverage thereunder.
20. A.M. BEST RATINGS
The A.M. Best ratings for insurance companies change frequently. While Jones endeavors to always keep these ratings current so as to deliver the most accurate information to you through the Services, in some cases there may be a lag in updating our information after a ratings change. You may contact Jones for the most current rating if you have any questions or concerns regarding their accuracy.
21. NO GUARANTEE OF SERVICES
Jones is constantly changing and improving its Services. Jones may add or remove functionalities or features, and Jones may suspend or stop a Service altogether. Jones may terminate, suspend, change, or restrict access to all or any part of the Services, in each case without notice or liability.
Jones also reserves the right to limit the availability of the Services or the provision of any Content to any person, organization, geographic area, or jurisdiction, at any time and in its sole discretion.
22. ACCESS OUTSIDE THE UNITED STATES
If you access the Services from outside the United States, you are responsible for compliance with foreign and local laws. Jones does not provide insurance brokerage or other services to governments, governmental agencies, businesses, individuals, other groups, or any of their agents that are subject to U.S. trade sanctions. By using the Services, you represent and warrant that you are not subject to any U.S. trade sanctions.
These Terms, as may be amended from time to time, are effective until your account, if applicable, is deactivated by either you or Jones and you discontinue your use of the Services. Any section of the Terms that by their nature is intended to survive termination of the Services or your use or access to the Services or the Content shall survive such termination.
24. GOVERNING LAW
The laws of the State of New York, excluding the conflicts of law provisions thereof, will apply to any disputes arising out of or in any way related to these Terms or the Services. You acknowledge that these Terms may evidence a transaction involving interstate commerce. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. Â§Â§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which Jones retains the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration section below, including any provisional relief required to prevent irreparable harm. You further agree that New York County, New York is the proper forum for any appeal of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Jones.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Additional Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York County, New York, unless otherwise agreed upon by Jones. The arbitration shall be administered by JAMS pursuant to either its Comprehensive Arbitration Rules or Streamlined Arbitration Rules and Procedures depending upon the amount of the damages claimed, excluding attorneys’ fees. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Nothing in this paragraph shall be deemed as preventing Jones from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Jonesâ€™s data security, intellectual property rights, or other proprietary rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this site, the Services, the Terms, or Additional Terms must be filed within one (1) year after such claim or cause of action arose.
If any provision of the Terms is found by a court of competent jurisdiction or arbitrator or arbitration panel to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the Terms shall remain in full force and effect.
If any action at law or in equity is necessary to enforce these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
26. NO CLASS ACTIONS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION YOU MAKE AGAINST JONES ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS JONES AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
YOU FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JONES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION.
27. ENTIRE AGREEMENTS AND NO WAIVER
The Terms and Additional Terms (and any terms which are incorporated by reference herein or hereinafter implemented) constitute the entire agreement between you and Jones in connection with your use of the Services. The titles contained in the Terms are inserted only as a matter of convenience and have no legal or contractual effect. You agree that the Terms will not be construed against Jones by virtue of having drafted them.
The failure of Jones to enforce any of its rights or act with respect to a breach of the Terms by you or others does not constitute a waiver of any such rights and will not limit Jones’s rights with respect to such breach or any subsequent breaches. No waiver by Jones of any of the provisions in the Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Jones.
28. OFFICIAL CORRESPONDENCE
Official Correspondence may be sent by email to firstname.lastname@example.org or via postal mail to:
The Jones Agency, Inc.
Attn: Legal Department
25 Broadway, 10th Floor
New York, NY 10004
29. MODIFICATION OF TERMS
Jones reserves the right to change these Terms from time to time and at its sole discretion. The last time these Terms were revised is set forth below. Your continued use of Jones’s website after the last revision date indicates your acceptance of any revisions.
Revision Date: September 2, 2018