The Andrus.com website (the "Site") is comprised of various web pages operated by Dwight W. Andrus Insurance, Inc. ("Andrus"). Andrus is a licensed insurance brokerage located in Lafayette, Louisiana, United States of America. Andrus.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Andrus.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
1. Use of Site. Andrus.com is operated by Andrus as part of its insurance brokerage business in the states within the USA in which it is licensed. This Site is intended solely for persons at least 18 years of age (or the applicable age of majority if the age of majority in the user’s place of residence is higher than 18). This Site is not directed to or intended for persons wishing to purchase insurance in any state or other place in which Andrus is not licensed. You may access, download and print materials on this site solely for your personal and non-commercial use. You may not modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site (the “Site Materials”).
2. Prohibited Activities. You agree not to do any of the following:
· Use the Site, Site Materials or any related site for any purpose which is not specifically authorized or which is in any way contrary to applicable law.
· post, upload or otherwise transmit to the Site any information, content or data not related to appropriate subject matters.
· post, upload or otherwise transmit to the Site any information, content or data which is misleading to others, including consumers.
· post, upload or otherwise transmit to the Site any information, content or data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
· post, upload or otherwise transmit any information, content or data that you do not have a right to post and transmit under any law or under contractual relationships.
· post, upload or otherwise transmit any information, content or data, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party.
· post, upload or otherwise transmit any information, content, data or materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
· Misrepresent your identity, affiliation or purpose in using the Site or Site Materials.
· Without the express permission of Andrus, attempt to obtain access to password protected, secure or non-public areas of this Site.
· Attempt to circumvent user authentication or security of any server, host, network or account ("cracking" or “hacking”). This includes accessing data not intended for the public or any unauthorized user, logging into a server or account the user is not expressly authorized to access or probing the security of other networks. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
· Attempt to interfere with service to any user, host, or network. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service and attempts to "crash" a host.
· Engage in harassment in the use of email or web based contact forms, whether through language, frequency, or size of messages, such as "mailbombing" or flooding a user or the site with very large or numerous pieces of email or send malicious email.
· Send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the user must not send that person any further email.
· Forge email header information.
3. Termination/Access Restriction. Andrus reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Andrus may take down, terminate or discontinue the Site at any time for any reason without notice.
4. Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Broker as a result of this agreement or use of the Site. Andrus does not enter into a broker-client or other legal relationship with you or represent you in connection with the purchase of insurance, solely by providing or granting access to the information and services available on this Site, or as a result of your use of this Site or the services available on this Site. You understand and agree that no broker-client relationship will exist between Andrus and you unless and until you specifically ask an authorized Andrus insurance producer to provide insurance services and that producer agrees to provide such services.
5. Copyright. The content contained in this Site, including but not limited to all design, text, sound recordings, and images, is owned, except as otherwise expressly stated, by Andrus or one of its affiliates, subsidiaries, contractors or licensors. Except as otherwise expressly stated herein or to the extent permitted by law, the content may not be copied, transmitted, displayed, performed, distributed, licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without Andrus’s prior written consent. Users of this site may be permitted to download certain material posted on this site. When using downloadable materials, all copyright, trade mark, and other proprietary notices must be kept intact and remain in effect.
6. Trademark. The trademarks, service marks, trade names, and logos (“Marks”) associated with this Site are owned by Andrus, or third parties who have authorized their use. Nothing contained on this Site should be construed as granting any license or right to use any Mark displayed on the Site without the written permission of Andrus or such third party that may own the Mark. Misuse of any Marks, or any other content, displayed on this Site is prohibited.
7. Disclaimer of Representations, Warranties and Liability; Limitation of Liability. Andrus makes no representations about the suitability of the content of this site for any purpose. All content is provided "as is" without any representation or warranty of any kind. ANDRUS HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OF ANY KIND WHATEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENTS OF THIS SITE; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY ANDRUS. ANDRUS WILL NOT BE LIABLE TO ANYONE WITH RESPECT TO ANY DAMAGES, LOSS OR CLAIM WHATSOEVER, NO MATTER HOW OCCASIONED, IN CONNECTION WITH ACCESS TO OR USE OF THE CONTENTS OF THIS SITE. IN NO EVENT SHALL ANDRUS BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION INCLUDING BUT NOT LIMITED TO CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF THE CONTENT. While Andrus believes the content to be accurate, complete and current, there may be inadvertent technical or factual inaccuracies and typographical errors and Andrus does not warrant that the information is accurate or complete or current. It is your responsibility to verify any information before relying on it. At any time and from time to time Andrus may make changes in the products and/or services described herein, however, Andrus makes no commitment to update the information and expressly disclaims liability for errors or omissions in it.
BY AGREEING TO THESE TERMS, YOU HEREBY ACKNOWLEDGE THAT THE DISCLAIMERS AND WAIVERS OF WARRANTY, INCLUDING WITHOUT LIMITATION ALL LEGAL WARRANTIES AGAINST DEFECTS AND VICES IN THIS SITE AND ITS CONTENTS, CONTAINED ABOVE, HAVE BEEN BROUGHT TO YOUR ATTENTION AND ARE BINDING UPON YOU.
8. Links to Other Sites. The Site may from time to time contain links to sites operated by third parties not under the control of Andrus. Accordingly, Andrus makes no representations whatsoever concerning the content of those sites. The fact that Andrus has provided a link to a site is not an endorsement, authorization, sponsorship or affiliation by Andrus with respect to such site, its owners or its providers. Andrus is providing these links only as a convenience to you. Andrus does not represent or purport to have tested any information, software or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software or products found on the Internet, and Andrus cautions you to make sure that you completely understand these risks before retrieving, using, relying upon or purchasing anything via the Internet.
9. Compensation Disclosure. Andrus is an independent retail insurance agency. We have contractual relationships with many different insurance companies, wholesale brokers, excess and surplus lines brokers and other insurance intermediaries. We are compensated for our services on your behalf by commissions paid by the insurers or intermediaries (excess and surplus lines brokers, wholesale brokers and similar organizations) with whom we have agency or brokerage relationships. Commissions are based on a percentage of the premium charged for the insurance and the percentage varies from one insurer or broker to the next and also based on the type of policy. We are also occasionally compensated though fees from customers, to the extent permitted by law. When we receive fees, they are disclosed to our customers in advance and the customer’s agreement is obtained before the fees are charged. From time to time, we also receive contingency payments or incentive compensation, sometimes referred to as performance plans or profit sharing programs, from some insurers based on factors such as profitability, retention, production and growth. Profitability is usually based on whether the entire group of clients whose business we have placed with an insurer is profitable, that is, losses are less than premiums. Retention generally measures whether we maintain a certain number of policies with the insurer over an established period of time. Production generally measures whether the volume of the producer’s policies within an established period of time meets or exceeds an insurer’s pre-set expectations. Growth generally measures whether the volume of business we have with an insurer has meets or exceeds a pre-set growth amount over an established period of time. There may be other factors for particular insurers. Contingency payments and incentive compensation are not client specific, which means that the payments are not directly related to a client’s account. We generally do not know, nor does the insurer know, the amount of such payments, if any, until the underwriting year is closed. Generally, if you purchase insurance coverage through us, you may pay your premium in full upon placement of your insurance, finance your premium through a bank or other financial institution of your choice, pay your premium on an installment basis with your insurer (if available) or we may assist you in financing your premium through a premium finance company. In the event that we assist you in arranging for the financing of your premium, we may receive a fee from the premium finance company. The decision to place your coverage with a particular carrier may be based on any of several factors, such as the particular type of risk to be insured, the coverages available, insurance requirements undertaken by you in your contracts with others, the financial strength of the insurance company, the cost of the insurance, the quality of the insurer’s claims service, and underwriting factors. We are an independent insurance brokerage and we work with a wide range of insurance carriers in an effort to offer you the coverages you need while also providing you with choice, service and value. If you have any questions regarding our compensation with respect to your account or would like specific information regarding our compensation, please call your account executive.
10. Client Data, Collection and Use. Andrus gathers data containing information about its clients and their insurance placements, including, but not limited to, names, industry codes, policy types, and policy expiration dates, as well as information about the insurance companies that provide coverage to its clients or compete for its clients’ insurance placements. This information is maintained in one or more databases. Andrus may use or disclose information about its clients, if required to do so by law, Andrus policy, pursuant to legal process or in response to a request from law enforcement authorities or other government officials. For further information regarding Andrus's data privacy practices, please see Andrus's Privacy Statement.
11. Revisions of Terms and Conditions. Andrus may at any time revise these Terms without notice by updating this page, which revisions shall be effective immediately. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.
12. Applicable Law, Jurisdiction and Venue. Use of this site and the Site Materials shall be governed by and construed in accordance with the laws of the State of Louisiana, United States of America, without giving effect to any principles of conflicts of laws. Any dispute concerning this site shall be subject to the exclusive venue of a state or federal court of competent jurisdiction in Lafayette Parish, Louisiana.
13. Additional Legal Terms and Conditions. Should any provision of these Terms be held invalid, unlawful or for any reason unenforceable by any court of competent jurisdiction, then the invalid, unlawful or unenforceable provision shall be deemed modified to the minimum extent necessary to make the same valid, lawful and enforceable with the intent to give effect to the Terms to the fullest extent permitted by law, and to the extent the provision cannot be so modified, such provision shall be severable from the remaining provisions. Andrus's performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Andrus's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Andrus with respect to such use.
14. Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Andrus with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Andrus with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.