Thank you for visiting [www.ascendantgroup.com, www.acicompanies.com, or www.ascendantclaims.com] (the “Website”), which is owned and operated by Ascendant Underwriters, LLC d/b/a Ascendant Insurance Solutions or its affiliate, Ascendant Claims Services, LLC (“Ascendant”). Ascendant is one of the fastest growing insurance providers in Florida, and provides services, such as binding coverage, underwriting and pricing insurance policies in connection with insurance policies offered by Ascendant and insurance policies offered by third-party insurance carriers (each a “Third-Party Carrier” and collectively, “Third-Party Carriers”).
Throughout these Terms, the terms “we,” “us,” and “our” refer to Ascendant and the terms “you” and “your” refer to any visitor to or user of the Website, including, but not limited to, visitors and users that are Producers, Authorized Employees, Customers, and/or Insured Parties (each as defined herein).
ABOUT THE WEBSITE
You Must Be At Least 18 Years of Age
Products or Services Offered
The products and services described on the Website are continuously being updated and changed and it is possible that some of the products and/or services displayed on the Website may not be available at a particular time. Additionally, not all products described on the Website may be available in all states, and some products offered in a particular state may vary from the product description included on the Website. Further, you may not be eligible to purchase a product or service, depending on underwriting criteria. Ascendant is not responsible to you, or to any other party, if a product or service displayed on the Website is not available for purchase at any particular time or if a product or service varies from a description provided on the Website.
The insurance products and services, including the Policies, described on the Website are only intended for persons and entities in the states and jurisdictions of the United States where these insurance products and services may legally be sold. Nothing on the Website shall be considered an advertisement, solicitation or an offer to sell any insurance product or service to any person or entity in any jurisdiction where such offer, purchase or sale would be unlawful.
The Agent Portal allows Producers and Authorized Employees to submit quote requests, obtain quotes and submit Policy applications. If the Producer receives approval on a particular coverage request, the portal will also allow the Producer to receive binding confirmation from Ascendant. Quotes provided through the Agent Portal are price estimates based on the information Producers and Authorized Employees submit and are subject to change. Additionally, Producers and Authorized Employees do not have binding authority and the submission of a completed Policy application to us does not automatically result in a binding coverage agreement. Instead, an underwriter will review the application, determine whether or not to approve the risk associated with the application, and will notify the Producer or Authorized Employee if the risk has been approved. If the application is approved, Producers or Authorized Employees can locate the risk on their Account (as defined herein), and can request that Ascendant bind coverage. No insurance coverage can be bound and no changes can be made to a Policy, new or existing, unless and until a written binder has been received from us.
Some portions of the Website, such as the Insured Portal and Agent Portal, are restricted and require users to create an account (“Account”) and obtain a username and password to gain access. If you create an Account on the Website, you must treat your username, password and any other information related to your Account (“Account Information”) as confidential, and you must not disclose it to any other person or entity. You acknowledge that your Account is personal to you and, except as provided herein, you agree not to provide any other person with access to your Account with access to your Account Information or other security information.
You agree that you will not create more than one Account or create an account for anyone other than yourself without first receiving permission from the other person and Ascendant. In exchange for your use of the Website you agree to: (1) provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Ascendant reserves the right, in Ascendant’s sole discretion, to suspend or terminate your Account and refuse any and all current or future use of the Website.
A Producer may only disclose Account Information and/or grant access to such Producer’s Account on the Agent Portal to individuals employed by such Producer: (i) that are authorized by law, and by each Customer whose PII is contained on such Account, to receive access to all information provided on the relevant Account; (ii) that are authorized by law to submit requests for Policy quotes, submit Policy applications [and issue Policies]; (iii) have agreed, in writing, to refrain from disclosing Account Information or any information obtained through the Account to any unauthorized person and to refrain from providing any unauthorized person with access to the Account; and (iv) whose access is necessary in order for Producer to perform its responsibilities under your Producer’s Agreement with us. The employees of a Producer that satisfy the requirements described in this paragraph are referred to herein as “Authorized Employees.”
You are responsible for all activity performed and transactions entered into on or through your Account, and you agree that Ascendant may treat any activity performed or transaction entered into on or through your Account as authorized by you [unless you notify us in a timely manner of unauthorized activity].
You agree to notify us as soon as practicable of any unauthorized access to your Account, use of your username or password or any other breach of security. In addition, Producers and Authorized Employees agree to notify us as soon as practicable if Producer or any of its employees, including Authorized Employees, suspect that any Policy-related information has been inappropriately altered or is deceptively false, or suspect that an unauthorized person has obtained Producer’s Account Information, accessed Producer’s Account, and/or has used the Website to transact business as Producer or an Authorized Employee.
You also agree to ensure that you exit from your Account at the end of each session. Producers and Authorized Employees should refrain from accessing the Agent Portal from public or shared computers and should only access the Agent Portal from a personal computer located at the Producer’s office using a secure internet connection. When accessing other parts of the Website using public or shared computers, you should use particular caution when logging into and using your Account, and when submitting PII through the Website so that others are not able to view or record your password, Account Information, or other information on your Account or otherwise.
You represent that all of the information, data, and other materials that you provide on the Website or to Ascendant through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the Website or to Ascendant through any other means, as appropriate.
You must not use the Website: (a) to violate any local, state, national or international law or regulation, including but not limited to the Gramm-Leach Bliley Financial Modernization Act, as well as other applicable data security and privacy laws and regulations; or (b) to interfere with or disrupt the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of Ascendant or the material is included with the permission of the rights owner.
You acknowledge that Ascendant owns all right, title and interest in and to all of the information on the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
TRADEMARKS. Certain of the names, logos, and other materials displayed on the Website constitute trademarks, tradenames, service marks or logos (“Marks”) of Ascendant or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Ascendant or those other entities.
Linking to the Website and Links from the Website
You may link to the homepage of the Website provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may include links to other sites and resources provided by third parties. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of such sites. If you decide to access any third-party websites linked to or from the Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.
MOBILE APPLICATIONS (MOBILE APPS)
The following additional terms and conditions apply with respect to any Mobile App that Ascendant provides to you designated for use on an Apple iOS-powered mobile device (an “iOS App”):
- Your use of Ascendant’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- Ascendant, not Apple, is solely responsible for our iOS App and the and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties or Specially Designated Nationals.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The following additional terms and conditions apply with respect to any Mobile App that Ascendant provides to you designed for use on an Android-powered mobile device (an “Android App”):
- Your use of Ascendant’s Android App must comply with Google’s then-current Android Market Terms of Service.
- You acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to Ascendant’s Android App.
THIRD PARTY URL LINKS AND THIRD PARTY CONTENT
Limitation of Liability and Disclaimer of Warranties
WE TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PRESENTED ON AND THROUGH THE WEBSITE IS ACCURATE AND COMPLETE. HOWEVER, THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO: (I) THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, RELIABILITY OR USEFULNESS OF THE INFORMATION PRESENTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO INFORMATION RELATED TO THE POLICIES, POLICY APPLICATIONS, BINDERS, AND QUOTES PROVIDED ON THE WEBSITE, INFORMATION CONTAINED IN THE MVRS, PRICE OR COST INFORMATION, PRODUCER SALES AND COMMISSION INFORMATION, OR OTHER CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE; (II) THE QUALITY AND SECURITY OF THE WEBSITE; (III) THE ABILITY TO ACCESS THE WEBSITE OR ITS CONTENT OR ABILITY TO PURCHASE A PRODUCT OR SERVICE DISPLAYED ON THE WEBSITE; (IV) WHETHER THE WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS.
YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE. WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL OF ASCENDANT. ACCORDINGLY, ASCENDANT ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE, AND YOU (AND NOT ASCENDANT) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. WE DO NOT ASSUME ANY LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THE WEBSITE OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASCENDANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT AND/OR IN CONNECTION WITH THE PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE. ANY RELIANCE YOU PLACE ON INFORMATION PROVIDED OR SERVICES RENDERED ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION AND/OR ON OUR SERVICES BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF THE CONTENTS OF THE WEBSITE.
Limitation of Damages and Remedies
YOU AGREE THAT ASCENDANT, ITS AFFILIATES AND/OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, SUCCEESSOR OR ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR: ANY DAMAGES SUFFERED AS A RESULT OF: (I) ACCESSING, USING, PRINTING, COPYING, DOWNLOADING OR UPLOADING ANYTHING FROM OR TO THE WEBSITE; (II) ANY LOSS OF DATA STORED ON THE WEBSITE; (III) ANY LOSS OR INJURY CAUSED
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ASCENDANT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR THE CONTENT OR ANY OF THE PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE.
We use account information in a password-protected environment as a security measure to protect your data. After failed login attempts, your ability to access the Website may be temporarily disabled. If this occurs, you will have the option to reset your password or contact the customer support number provided to re-establish your account.
FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.
Ascendant is based in the United States of America and makes no claims that the Website is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. Ascendant makes no representation that the Website is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal.
Those who choose to access the Website do so on their own initiative and at their own risk and are responsible for compliance with applicable laws and regulations, including but not limited to the Gramm-Leach Bliley Financial Modernization Act, as well as other applicable data security and privacy laws and regulations. Access to the Website may not be legal by certain persons in certain countries. If you access the Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
JURISDICTION AND CHOICE OF LAW
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with Ascendant, including without limitation any claim involving Ascendant or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants, agents, representatives, successors and assigns: (i) you will submit to the jurisdiction of the courts situated in the state of Florida; (ii) the exclusive venue for all disputes will be the Federal and State courts located in Miami-Dade County, Florida and (iii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have personal jurisdiction over you.
When you use the Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Ascendant, whether by letter, email, telephone, or otherwise (“Feedback”), suggesting or recommending changes to the Website or products and services offered herein, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Ascendant is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Ascendant is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
OPERATIONS AND RETENTION
Ascendant reserves complete and sole discretion with respect to the operation of the Website. Ascendant may, among other things, withdraw, suspend, or discontinue any functionality or feature of the Website and/or Mobile App. Subject to applicable law, Ascendant reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or destruction policies.
There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Website, including descriptions, pricing, availability, location, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through the Site, such as participating dental or vision care providers, pricing information or other Content, may not be accurate or up to date. In addition, please note that features of any plan or plans described in the Site may change over time as permitted by law, including benefit levels, items included in any formulary, pricing or lists of participating providers or other associated vendors.
SURVIVABILITY AND RESERVATION OF RIGHTS
ASCENDANT’S CONTACT INFORMATION
Ascendant Insurance Solutions
P.O. Box 141368 Coral Gables, FL 33114
Tel: (305) 820-4360