Last Modified:?June 13, 2017
PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OUR WEBSITES.
The Villages Insurance Partners, a Florida limited liability company, and its affiliates (?TVIP,? ?we,? or ?us?) provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, the ?Sites?).? By using our Sites you agree to be bound by and abide by these Website Terms of Use (together with all other policies and terms incorporated herein by reference, these ?Terms of Use?) that govern your access to and use of the Sites. If you do not want to agree to these Terms of Use you must not access or use the Sites.
By using the Web Sites, you signify your acceptance of these Terms of Use and your acknowledgement that the information that you provide, directly or indirectly, through the Sites will be managed in accordance with our?Privacy Policy.
The Sites are offered and available to users who are 13 years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.? IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER?S USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER?S USE OF THE SITES.
Changes
We may revise and update these Terms of Use from time to time in our sole discretion.? All changes are effective immediately from the time they are posted to the Sites.? Your continued use of the Sites after such changes means that you agree to follow and be bound by the terms as changed. ?You are expected to check this page each time you access the Sites so you are aware of any changes, as they are binding on you.? We will alert you to any changes to these Terms of Use by updating the ?Last Modified? date at the top of this page.
No Solicitation or Offer
The Sites are designed to provide general information about TVIP, its products and services, and its related companies.? Information on the Sites is not intended to constitute an offer to sell or a solicitation of any particular product or service.? Any insurance product described on the Sites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued.? For more information, please consult your agent and your policy or contract.? Some products and/or services may not be available in all states or countries.
Accessing the Sites and Account Security
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice.? We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.? From time to time, we may restrict access to some parts of or all of the Sites to users, including registered users, if any.
To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete. You agree that all information you provide to register with the Sites or otherwise, including but not limited to through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy, which is incorporated herein by reference.? You also agree that you will not violate or attempt to violate the security of the Sites. ?Violations of system or network security may result in civil or criminal liability. ?We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Intellectual Property Rights
The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.? You may not copy or download any materials displayed on our site except for your personal, noncommercial use. ?Without express permission from us, the following are prohibited: reproduction, publication, transmission, display, distribution, modification, creating derivative works from, selling or participating in any sale or exploitation in any way, in whole or in part, of any content or of the Sites themselves. ?Notwithstanding the foregoing, if we provide social media features with certain content, you may take such actions as are enabled by such features.
Copyright Infringement
For claims of copyright infringement, please see our?Copyright Policy, which is incorporated herein by reference.
Trademarks
TVIP name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of TVIP, which may or may not be federally registered.? All other names, logos, product and service names, designs and slogans on the Sites are the property of their respective owners. ?You must not use such marks without the prior written consent of TVIP or the third party, as applicable.
Prohibited Uses
You may use the Sites only for lawful purposes and in accordance with these Terms of Use.? Any use not expressly permitted by these Terms of Use is a breach of these Terms of Use.? Further, you agree not to use the Sites: (1) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (2) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (3) to send, knowingly receive, upload, download, use or re-use any material or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable, (4) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or names associated with any of the foregoing), (5) to engage in any other conduct that restricts or inhibits anyone?s use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites or expose them or us to liability, (6) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or (7) use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party?s use of the Sites, including their ability to engage in real time activities through the Sites or otherwise attempt to interfere with the proper working of the Sites.
Linking to the Sites
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.? You may also use certain social media features that we may from time to time make available to you that may allow you to link to certain content on the Sites, send emails with links to certain content or cause limited portions of our content to be posted on your or third party sites.? We reserve the right to disable all or any social media features and all links at any time without notice in our sole discretion.
Links from the Sites
If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITES AND THEIR CONTENT IS AT YOUR OWN RISK. THE SITES AND THEIR CONTENT ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TVIP NOR ANY PERSON ASSOCIATED WITH TVIP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER TVIP NOR ANYONE ASSOCIATED WITH TVIP REPRESENTS OR WARRANTS THAT THE SITES AND THEIR CONTENT ON THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.? TVIP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES, INCLUDING COSTS ASSOCIATED WITH SERVICING OR REPAIRS OF EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES, WHICH SHALL BE YOUR SOLE RESPONSIBILITY.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT, SHALL TVIP OR ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, SUCCESSORS, AFFILIATES, DISTRIBUTORS, THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR ASSIGNS BE LIABLE TO ANY USER OF ITS SITE (S), THEIR SUCCESSORS OR ASSIGNS OR ANY OTHER THIRD-PARTY OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF REVENUE, PROFITS OR ANY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF IT ARISES THAT THE SITES HAVE BEEN PREVIOUSLY ADVISED OF PROSPECTIVE POTENTIAL DAMAGE OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER IN TORT OR FOR BREACH.
You hereby acknowledge and understand that the preceding paragraph is applicable to all information found throughout the Sites, including but not limited to service details and products. In those states that limit or do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. ?Regardless of the foregoing, in no event shall TVIP?s liability to you or any third party exceed the greater of (a) the total amount you paid to us in the twelve month period preceding the action giving rise to the liability or (b) $100.
Indemnification
You agree to defend, indemnify and hold harmless TVIP, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys? fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites? content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.
Geographic Restrictions
TVIP operates its Sites from its headquarters in The Villages, Florida, USA.? We provide the Sites for use only by persons located in the United States.? TVIP makes no claims that the Sites or any information on the Sites is available or appropriate outside of the United States.? Access to Sites in other locations may be illegal and is prohibited. If you access the Sites from outside of the United States, you do so on your own initiative and at your own risk and are responsible for compliance with all applicable laws.
Legal Disputes
All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be settled by binding arbitration in Sumter County, Florida administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof, and shall be governed by and construed in accordance with applicable federal law and the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).? Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Sumter County, Florida although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.? To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent,?Jody Harter, 3400 Southern Trace The Villages, FL 32162.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.? YOU AND TVIP AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
General Information
No waiver of any provision or any breach of these Terms of Use will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of these Terms of Use will be illegal or otherwise unenforceable, such provision will be severed, and the balance of these Terms of Use will continue in full force and effect. These Terms of Use set forth the entire agreement between you and us with respect to use of the Sites and supersede any prior agreements between you and us relating to such subject matter. These Terms of Use are not assignable, transferable or sublicensable by you except with the prior written consent of TVIP.? No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.? No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.? Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.? TVIP?s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of right of TVIP to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.
Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent designated in our?Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to:?INFO@THEVILLAGESINSURANCE.COM.
Thank you for visiting our Sites.
Last Modified: June 13, 2017
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe in good faith that any materials accessible on or from our Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. ? 512)?(?DMCA?), the written notice (the ?DMCA Notice?) must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
JODY HARTER
3400 SOUTHERN TRACE THE VILLAGES, FL 32162
352.751.6622
INFO@THEVILLAGESINSURANCE.COM
If you fail to comply with all of the requirements above, your DMCA Notice may not be effective.? Please note that you may be liable for damages, including court costs and attorneys? fees, if you materially misrepresent that materials on the Sites are infringing a copyright.?
COUNTER-NOTIFICATION PROCEDURES
If you believe that material you posted on our Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a ?Counter-Notice?) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:
JODY HARTER
3400 SOUTHERN TRACE THE VILLAGES, FL 32162
352.751.6622
INFO@THEVILLAGESINSURANCE.COM
If you fail to comply with all of the above requirements, your DMCA counter notification may not be valid. Upon receipt of a counter notice, our Copyright Agent may send a copy of it to the original complaining party informing that party that TVIP may replace the removed content or cease disabling it.? The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.? Please be aware that if you knowingly materially misrepresent that material or activity on the Sites was removed or disabled by mistake or misidentification, you may be held liable for damages, including court costs and attorneys? fees.
Revised: May 14, 2020
Your information privacy is extremely important to us. Baldwin Risk Partners, LLC, on behalf of itself and its affiliates (?Company? ?we? ?our? ?us?) has prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use our website(s) (?Site(s)?) and any and other services offered by us (?Services?). This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information (defined below). This Privacy Policy applies to all users of? the Site and Services.
BY USING THE SITE OR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY. PLEASE READ IT CAREFULLY.
You can review, correct, update, or change your Personal Information or opt out of receiving certain e-mails by e-mailing us at info@baldwinriskpartners.com. You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account. If you have questions or concerns regarding this Privacy Policy, please e-mail us at the same address.
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We collect the following categories and types of personal information:
We use your personal information for the following purposes:
We collect information from the following sources:
We collect information directly from you. We collect contact, financial, certain identifying information directly from you.
We collect information from you passively. We collect Internet or other electronic activity passively using tools like browser cookies, web beacons and tracking pixels, SDKs and other similar technologies. This activity is further described in the Cookies and Anonymous Identifiers section below.
Our Service Providers
We may contract with companies or persons to provide certain services including for purposes of payment processing, data hosting and processing, website development, and data analytics. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
Our Affiliates
We may share personal information with businesses controlling, controlled by, or under common control with Baldwin Risk Partners.
Law Enforcement and Courts
In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Baldwin Risk Partners or to others. We may also disclose your contact information when we believe the law or legal process requires it.
We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie). We use cookies and other anonymous identifiers to analyze use? of and improve the Site and Services. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, certain features of the Site or Services may not work if you delete or disable cookies. Some of our Service Providers may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.
We use Google Analytics on the Site and Services to collect Usage Data, to analyze how users use the Site and Services, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
We use Personal Information for internal purposes only, such as to provide you with the Site and Services, including to improve the Site and Services, to notify you of new products or services, and to otherwise communicate with you about our Company. We may also use your Personal Information to provide more relevant search results from the search functions of the Site and the Services. We will not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent, except as explained in this Privacy Policy.
By using the Site or the Services you may make certain of your Personal Information available to others. For example, when you post a comment or a photo on the Site other users may see your name (first name and last name initial), the city you live in and other information that you choose to make available to others.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.
Our Site and Services may contain links to other websites or allow others to send you such links. A link to a third party?s website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the privacy policy of a third-party website before providing any information to the website.
If you are a California resident, you have certain privacy rights under the California Consumer Privacy Act (?CCPA Rights?). This section describes those rights and how you can exercise them with Baldwin Risk Partners.
CCPA Rights Requests
You can request what personal information we have collected, used, and disclosed in the preceding 12 months.
You can also request that we delete your personal information. We may not delete all of your personal information if one of the following exceptions applies:
To submit a request to know or a request to delete, please send a detailed email message to LegalCompliance@baldwinriskpartners.com. In order to verify your identity, we will need your name, address, phone number and email address. In order to designate an authorized agent to act on your behalf you must provide the authorized agent with written permission to do so, and your authorized agent must submit that written proof at the time they make the request on your behalf. If you wish to make multiple requests under this section, we recommend sending the deletion request last, as we will not be able to fulfill your other requests once we have deleted your information.
Personal Information that We Sell
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We may ?sell? (as sell is defined in CCPA) the following categories of Personal Information:
We ?sell? your Personal Information to Service Providers, such as data co-ops.??? We do not knowingly sell the Personal Information of minors under the age of 16.
California residents have the right to opt out of the sale of your Personal Information to third parties, as ?sale? is defined under CCPA.
To submit a request to opt out of the sale of your Personal Information, please please send a detailed email message to LegalCompliance@baldwinriskpartners.com. In order to verify your identity, we will need your name, address, phone number and email address. In order to designate an authorized agent to act on your behalf you must provide the authorized agent with written permission to do so, and your authorized agent must submit that written proof at the time they make the request on your behalf.
We will not discriminate against you for exercising any of your CCPA Rights and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services if you exercise any of your CCPA Rights.
Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using the Site or Services, you are agreeing to the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.
We may change this Privacy Policy from time to time. If we decide to change this Privacy? Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes will go into effect on the ?Revised? date shown in the revised Privacy Policy. By continuing to use the Site or Services, you are consenting to the revised Privacy Policy.