Terms and Conditions

Legal Notices and Disclaimers

This section and all of the following sections set forth the terms and conditions under which the Vortex Insurance Agency, LLC, which includes its parents, affiliates, and subsidiaries (collectively, “VORTEX”, “we”, “us”, or “our(s)”), provides the information on this website, as well as the terms and conditions governing your use of this site. By making use of this site, you agree to be bound by the terms and conditions we have outlined below. If you do not accept these terms and conditions, do not continue to use or access this site.

You understand that VORTEX cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. VORTEX does not assume any responsibility or risk for your use of the Internet.

The content on this Website is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by VORTEX. All persons and entities should use the content of this Website in the same manner as any other educational medium and should not rely on the content to the exclusion of their own judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VORTEX DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VORTEX DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VORTEX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VORTEX MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT VORTEX, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. VORTEX MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

VORTEX reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing VORTEX 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 & Conditions.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS VORTEX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VORTEX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VORTEX OR LAW ENFORCEMENT AUTHORITIES.

Password Protected/Limited Access Content

By accessing the VORTEX online pricing engine and other password protected content you agree that you are responsible for all activities executed under your User Name and are the only one who may use it. To meet this responsibility, you are expected to keep your User Name and Password confidential. Allowing another person to use your User Name and its associated passwords, using a User Name and password assigned to another person, or attempting to gain access to resources for which you are not authorized is a serious breach of security.

You are prohibited from using any services or facilities provided in connection with this site 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, VORTEX reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Further, we reserve the right to investigate suspected violations of these Terms and Conditions.

Proprietary Information

The material and content accessible from this site, or any other World Wide Website owned, operated, licensed, or controlled by VORTEX is the proprietary information of VORTEX or the party that provided the material and content to VORTEX, and VORTEX or the party that provided the material and content to VORTEX retains all right, title, and interest in the same. Accordingly, the material and content herein may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of VORTEX or the party owning such material and content, except that you may print out a copy of the material and content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the material and content. Modification or use of the material and content except as expressly provided in these Terms & Conditions violates VORTEX’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Limitation on Liability

VORTEX, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF VORTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VORTEX AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO VORTEX FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify, defend and hold VORTEX, its parents, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ‘Indemnified Parties’) harmless from any breach of these Terms & Conditions by you, including any use of material and content other than as expressly authorized in these Terms & Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify, defend and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of VORTEX or the party that provided the trademarks, service marks, and logos to VORTEX. VORTEX and any party that provided trademarks, service marks, and logos to VORTEX retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Products and Services

Please note that none of the information contained in this website should be viewed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products VORTEX generally offers. Statements on this website are for general description purposes only. This website does not amend, modify or supplement any insurance policy(ies) purchased through VORTEX. Furthermore, not all insurance products are available in every state or country. Consult the actual policy or contact us for the name of an agent who can supply you with details regarding terms, conditions, coverages, exclusions, products, services and programs that may be available to you.

Enforceability of These Provisions

Should any of these terms and conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of VORTEX. Provisions not otherwise held invalid shall remain in force. These Terms & Conditions will be governed and interpreted pursuant to the laws of the State of Kansas, United States of America, notwithstanding any principles of conflicts of law or choice of law. You specifically consent to personal jurisdiction in Kansas in connection with any dispute between you and VORTEX arising out of these Terms & Conditions or pertaining to the subject matter hereof. The parties to these Terms & Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms & Conditions or pertaining to the subject matter of these Terms & Conditions will be in the courts in the State of Kansas.

Privacy

Please see VORTEX’ Privacy Policy.

Comments or Questions

Any comments or questions concerning the Privacy Policy or these Terms & Conditions should be addressed to: info@vortexinsurance.com.