AGENTS AND CARRIERS, INC. – TERMS OF SERVICE
Last Updated: Aug 24, 2023.

We are Agents and Carriers, Inc. located at 100 N Central Expressway, Suite 160, Richardson, TX 75081, United States.

The following terms and conditions (these “Terms of Services”) govern your access to and use of the client portal, its content, and the services offered therein (collectively, the “Portal”). There are important terms below that affect your legal rights, so we want to emphasize:

PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE IN THEIR ENTIRETY, WHICH CONTAIN PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND MORE.

By logging into and using the Portal, you agree that you have read and are bound by these Terms of Service. If you do not agree to these Terms of Service in their entirety, your sole option is to not use the Portal.

1. What is the Portal.The Portal is a secure website made available to you because you as an end-user, have accepted and agreed to download a phone app, MyPolicyList, to review your basic policy info on your smart phone or as an independent agent, have agreed to give access to specific client information and uploaded such information on to the website to allow your clients to get access to the same through the Portal. The Portal allows you to send and receive messages from your agency, view certain documents made available by your agency, pay your invoices and more.
2. Using the Portal. You must be eighteen years of age or older to use the Portal. You agree that you will not misuse the Portal. Misuse can take many forms, including using the Portal in a manner that violates applicable federal, state or local laws; trying to gain access to other users’ accounts within the Portal; scraping, monitoring, or copying any of the material in the Portal; or attacking, impairing, or interfering with the Portal. All information you provide to us in connection with your use of the Portal will be true, correct and complete. You agree not to misrepresent (lie) about your identity or your authority to use certain features within the Portal, including, uploading unauthorized client information, disclosing client information which may be harmful or secret, designating bank accounts to send payments, viewing billing statements, and scheduling electronic payments. We may suspend or terminate your access to the Portal if we suspect you have engaged in any misconduct or if you violate these Terms of Service, in each case as determined in our sole discretion.
3. e-Notices and System Requirements. As a condition to your use of the Portal, including the Payment Service (described below), you agree to accept all notices, communications, disclosures, and records in electronic form regarding the Payment Services or otherwise related to your use of the Portal (“e-Notices”). To receive e-Notices you warrant (promise) that you have all of the following system requirements, which are required to access, view, download, and retain e-Notices:
1. A computer or mobile device with Internet or mobile connectivity.
2. Up-to-date Internet browsers that we support include Microsoft Edge, Safari, Firefox, Chrome and, Mac OS. The browser must have cookies enabled.
3. Access to the email address used to register for the Portal.
4. 4. Sufficient storage space to save e-Notices and/or a printer to print them.

You may withdraw consent to receive e-Notices by emailing us at contact@agentsandcarriers.com. A withdrawal of consent to receive e-Notices will result in the termination of our relationship with you, including your right to access and use the Portal. Such termination, however, will not relieve you from any obligations or responsibilities you have to us at the time of termination or impact any obligations you have under any other agreements, such as those with your agency or bank. We will send e-Notices to the address you identified when registering for the Portal. If your email address changes or becomes disabled, you must notify us immediately by updating your email address in the Portal. You understand and agree that we may send e-Notices to your designated email address whether or not that address includes a designation for delivery to the attention of any particular person and whether or not anyone other than you is able to access and/or read emails sent to your designated email address.


4. Payment Services. Subject to your compliance with all of the terms and conditions in these Terms of Service, you may use the Portal to view charges and authorize electronic payments (the “Payment Service”). You understand and agree that regardless of the payment amount or payment effective date you schedule using the Portal, you are responsible for complying with all of the terms and conditions of your Payment Agreement, including, without limitation, your agreement to make all payments when due and in the amount required by your Payment Agreement. To use the payment feature within the Portal, you must provide a bank account or credit card (each, a “Payment Form”). When you add a Payment Form and schedule an electronic payment from that Payment Form, you authorize us to debit (take) electronic payment(s) from that Payment Form as scheduled. You warrant (promise) that you have the authority to authorize us to debit of the scheduled payment(s) from the Payment Form you have picked. You understand and agree that if you authorize an electronic payment using the Portal, that payment will be processed even if your account with your agency is prepaid at the time of processing or the payment results in a prepayment of your account with your agency. You may contact your agency if you need assistance in determining whether prepayment of your account benefits you. If paying with bank transfer (e.g., ACH, EFT or eCheck), funds must be available in the linked bank account when an electronic payment is processed against that account. If a scheduled online payment fails because the linked bank account contains insufficient funds to satisfy the entire amount of your scheduled payment, you are not relieved of your responsibility to timely pay any amount then due in accordance with the terms and conditions of your Payment Agreement and any penalties imposed by your bank for insufficient funds. If paying with credit card, you may be entitled to dispute a transaction, also known as a chargeback. If a scheduled online payment is reversed because of a chargeback, you are not relieved of your responsibility to timely pay any amount then due in accordance with the terms and conditions of your Payment Agreement and any penalties imposed by your financial institution. In addition, we may terminate your use of the Portal or payments services therein if you initiate a chargeback for an invalid reason. You are not permitted to affect, change, revoke or terminate an electronic payment if that payment is in process. This means, among other things, that if you or we terminate your online payments, that termination will not revoke or terminate any payment that is in process. A payment is “in process” on the post date of the payment. You also may have the legal right to revoke electronic payments by contacting the financial institution where you hold the linked bank account or credit card. Contact your financial institution to determine the information your financial institution needs to process your revocation and the time your financial institution needs to process any revocation. We may terminate or suspend your use of your payments within the Portal at any time with or without reason and without notice to you. If we so terminate, you remain responsible to make timely payments under the Payment Agreement. Nothing in this paragraph relieves you of your responsibility to pay any amount, fee or charge you may owe under your Payment Agreement. Also, you will be responsible for paying any amount you may owe other persons or companies related to the use the Portal payment Services or any bank account or credit card linked to online payments. For example, a bank may charge a fee in connection with electronic payments debited to (taken from) a bank account you use to make a payment through the Portal.
5. Third Party Services. The Portal may contain links to other sites, services, and products provided by third parties, which may include our affiliates or subsidiaries. Such links are provided for your convenience only. We have no control over such sites, services, and products 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 websites or services found within the Portal, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.
6. Changes to the Portal. We reserve the right to make changes to the Portal at any time. You acknowledge and agree that we may add or remove functionalities or may stop supporting or making the Portal available altogether. If required by applicable law, we will provide you with electronic notice of such changes.
7. Security. When using the Portal you may be asked from time to time to provide certain information for purposes of providing you services. This information may include sensitive personal information, such as your name, address, and bank account and credit card information. We will use and protect such information in accordance with the terms of our Privacy Policy. By using the Portal you agree that we can use the information you provide us in accordance with our Privacy Policy. You are responsible for protecting your account within the Portal. You will not provide any other person with access to the Portal using your login credentials and will keep such credentials confidential. You are responsible for the activity that happens on your account within the Portal. If you learn of any unauthorized use of your account within the Portal notify us immediately at: contact@agentsandcarriers.com.
8. Intellectual Property Rights. The Portal is our intellectual property. Using the Portal does not give you any ownership rights therein or to any branding or trademarks that appear within the Portal, which you may not use. You may not obscure, remove, or alter any part of the Portal, including any legal notices. The Portal may contain some content and data that is not ours. For example, the portal may contain content and data of your agency or our third-party partners that assist us in providing the services found in the Portal. Such content is the sole responsibility of the person that owns such content or data. You shall acquire no ownership rights in or to such content and data.
9. As-Is; Disclaimer of Warranties. We take pride in the Portal and have developed it thoughtfully and, in our opinion, with reasonable skill; however, we make no commitments with respect to your use of the Portal or its performance. More specifically:
   
   YOUR USE OF THE PORTAL IS AT YOUR OWN RISK AND IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY COMMITMENT OR PROMISE WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PORTAL, OR THAT YOUR USE OF THE PORTAL WILL NOT RESULT IN EXPOSURE TO VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS. EXCEPT FOR ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
   
   
10. Limitation on Liability. EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, EACH OF OUR LIABILITY UNDER THESE TERMS OF SERVICE WILL BE LIMITED AS FOLLOWS:
    
    TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH YOUR USE OF THE PORTAL. IN ALL CASES NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. TO THE EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY TO THE OTHER FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE PORTAL, INCLUDING FOR ANY IMPLIED WARRANTIES (WHICH CAN NOT BE LIMITED OR EXCLUDED), IS LIMITED TO THE LESSER OF (1) ALL FEES RECEIVED BY US IN CONNECTION WITH PAYMENTS MADE BY YOU VIA THE PAYMENT SERVICE; OR (2) $5,000.
11. Indemnification. You agree to defend, indemnify and hold harmless us and our affiliates, licensors, and third party partners, and our 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 Service or your use of the Portal. You will not be responsible for indemnifying us or holding us harmless from any claims, liabilities, damages, costs or expenses caused solely by or solely arising out of the gross negligence or intentional misconduct of AnC MyPolicyList, its agents, officers, employees or affiliates.
12. Arbitration Agreement. In the unlikely event there is a dispute between you and us related to the Portal or these Terms of Service, this Section provides for how that dispute will be resolved.
    PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE RELATING TO THE PORTAL OR THESE TERMS OF SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE DISPUTES IN COURT, OR TO HAVE A JURY TRIAL ON THE DISPUTES.
    
    ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT ALL PARTIES TO THE ARBITRATION ARE PROHIBITED FROM JOINING OR CONSOLIDATING DISPUTES IN ARBITRATION BY OR AGAINST OTHERS AND ARE PROHIBITED FROM ARBITRATING ANY DISPUTES AS A REPRESENTATIVE OR MEMBER OF A CLASS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED.
    Any dispute, claim or controversy (each a “Dispute”) arising out of or relating to the Portal or these Terms of Service and involving you and us will be resolved exclusively by binding arbitration. You acknowledge and agree that you (and us too) are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. However, you (and us too) retain the right to injunctive relief in a court of competent jurisdiction. If you intend to seek arbitration, you must send us a written notice (“Notice of Dispute”) via courier or certified or registered mail. The Notice of Dispute must be sent to Agents and Carriers, Inc. 100 N Central Expressway, Suite 160, Richardson, TX 75081. The Notice of Dispute shall describe the nature and basis of the dispute and the specific relief sought. If the parties cannot reach an agreement to resolve the dispute within thirty (30) days after the Notice of Dispute is received, either party may commence arbitration. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect, except as modified by the terms of this arbitration provision. The arbitration will take place before one arbitrator, who shall be mutually selected by the parties. If the parties cannot agree on an arbitrator, the arbitrator will be appointed according to JAMS procedures. Each party will be responsible for its own attorney fees and costs, unless awarded by the arbitrator under applicable law. The party that initiates the arbitration will pay the filing fee (unless otherwise dictated by JAMS due to a finding of hardship). We will advance all other administration, case management, and arbitrator fees associated with the arbitration, through payment directly to JAMS. At the end of the arbitration, the fees paid by us may be allocated between you and us at the direction of the arbitrator in compliance with JAMS procedures. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Any decision of the arbitrator shall be final. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude you or us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Your and our liability is limited as described in these Terms of Service, to the fullest extent permitted by applicable law. The arbitrator cannot award punitive or exemplary damages (except as may be required by statute), any pre-award interest, or incidental, indirect or consequential damages, including damages for lost profits, or harm suffered by third parties. If any clause within this arbitration provision is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remaining terms will be given full force and effect.
13. Governing Law; Jurisdiction. All claims arising out of or relating to the Portal or these Terms or the Services will be arbitrated in Dallas County, Texas, USA (or if injunctive relief is sought or entry of any judgment relating to an arbitration award, the state courts in Dallas, Texas or federal courts located in the Central District of California). You consent to such personal jurisdiction, and we do too.
14. Provisions About These Terms of Service. We may change these Terms of Service from time to time in response to new offerings or changes in the law. When we do make changes, we’ll change the “Last Updated” date above and, if material (as determined in our sole discretion), notify you. Your continued use of the Portal after any change(s) to these Terms of Service constitute your consent to be bound by such change(s). If you do not comply with these Terms of Service and we do not take action right away, it shall not be deemed a continuing or further waiver of your failure to comply. Likewise, our failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If it turns out that a particular provision or part of these Terms of Service is not enforceable, it will not affect any other terms.
    These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Portal and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. These Terms of Service control the relationship between us and you. They do not create any third party beneficiary rights.
    
15. Trademark Attribution. Apple, the Apple logo, iPhone, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC.
    
16. Copyright Infringement Claims and the DMCA. We respect the intellectual property rights of others, and ask that everyone utilizing the Portal do the same. If you believe that your work has been reproduced within the Portal, or any other MyPolicyList product or service, in a way that constitutes copyright infringement, you may notify our office in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: (i) identification of the copyrighted work that you claim has been infringed; (ii) identification of the material that you claim is infringing and needs to be removed from the Services, including a description of where it is located on the Services so that the Copyright Agent can locate it; (iii) your address, telephone number and, if available, email address, so that our office may contact you about your complaint; and (iv) A signed statement (a) that the foregoing information is accurate, (b) that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent and/or the law, and (c) under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
    
    Notices of copyright infringement and the foregoing information should be sent to contact@agentsandcarriers.com, or, if by mail, to Agents and Carriers, Inc., 100 N Central Expressway, Suite 160, Richardson, TX 75081.