The website located at http://www.EnterateInsurance.com is operated by Acosta Insurance Group, Inc. (“Acosta”, “us”, “we”, or “our”).
1. How to Contact Us
If you have any questions, comments, concerns, or you wish to report a violation, please contact us by writing us at:
Miami, FL 33126
You may not use contact information provided on the Website for unauthorized purposes, including solicitations and marketing.
2. Privacy Statement
We care about your privacy and in making our services available via the Website, we are required to comply with all applicable federal laws, including the standards established under 45 C.F.R. § 155.220(c) and (d) and standards established under 45 C.F.R. § 155.260 to protect the privacy and security of personally identifiable information.
3. Existing Insurance Coverage
Do not cancel any existing insurance until you receive written confirmation from your insurance company to which you are applying that your new policy is in effect.
4. Use of Materials on the Website, Trademarks and Copyrights
4.2 Ownership of Content.You acknowledge and agree that all content on the Website, including, without limitation, text, images, user interfaces, visual interfaces, graphics, trademarks, logos, sounds, source code and computer code, including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and any and all arrangement thereof (collectively, the “Content”), is the exclusive property of and owned by us or our licensors and is protected by copyright, trademark, trade dress and various other intellectual property rights and unfair competition laws. These marks and copyrights may not be copied, imitated, or used, in whole or in part, without the express prior written permission from their respective owners, and then with the proper acknowledgments. Nothing on the Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described herein.
4.3 Access Material on the General WebsiteYou may access, copy, download, and print the material, such as, for example, knowledge base articles, service descriptions, white papers, and similar materials (collectively, the “Materials”) purposely made available by us for downloading from the portion of the Website that is not secured by a username and password (“General Website”) for your personal, non-commercial use and for use by the Entity for its internal business purposes, provided you do not (i) modify or delete (including through selectively copying or printing material) any copyright, trademark, or other proprietary notice that appears on the material; and (ii) make any additional representations or warranties relating to such materials.
4.5. Certain Uses Prohibited.Any other use of Content or Material on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, encoding, transfer or sale of, or the creation of derivative works from, any material, information, software, documentation, products or services obtained from the Website, or use of the Website is expressly prohibited. Further, you or third parties acting on your behalf will not use our name or trademarks and service marks as meta tags, without our express written consent. You may not use any Content or Material from the Website in any meta tags or any other “hidden text” techniques or technologies without our express written consent.
4.6. Retention of Rights.We, our licensors or content providers, retain full and complete title to any and all materials provided on the Website, including any and all associated intellectual property rights.
5. Communication and Third Party Fees
5.1. Communication Means.We may communicate with you through one or more of the following means: mail, landline phone, cellular phone, e-mail, and text message. By providing us with your mailing address, cellular or landline phone number, or our e-mail address, you consent to us using such means to contact you.
5.2. Authorization to send text messages and make automated phone calls.
(B)You understand that standard telephone minute and text charges may apply.
We and our service providers will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent.
(D)You do not have to consent to receive autodialed or prerecorded message calls or texts to receive services from us. Where we are required to obtain your consent for such communications, you may choose to revoke you consent by contacting us using one of the contact options located on our Contact Us page and informing us of your preferences.
5.3. Your Responsibility for Third Party Fees.You will be solely responsible for any charges or expenses you may incur to access or use the Website, Content or Materials, including any charges for communications lines, wireless phone charges, or mobile devices.
6. Submissions and Postings
6.1. Responsibility for Submissions.
(A)To the extent that we allow submissions on or through the Website, you acknowledge that you are responsible for any material you may submit via the Website, including the copyright, legality, reliability, appropriateness, and originality of any such material.
6.2. Authorization to Use Submitted Material
(B)You agree and we agree that all material subject to protections under the Privacy Laws will be treated in accordance with our agreement with CMS and the applicable Privacy Laws.
6.3. Feedback.You agree that submission of any ideas, suggestions, documents, or proposals to us through our suggestion form, feedback form, wiki, forum, support email, or similar means (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, and nonexclusive right and license to use, copy, reformat, display, perform, modify, disclose, distribute, adapt, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, provided that nothing in the foregoing will serve to otherwise minimize our obligations under the Privacy Laws, if any, to any such Feedback.
6.4. Right to Remove Material.We have an absolute right to remove any material from the Website in our sole discretion at any time and for any reason.
7. Conduct on the website
7.1.Registration.Some features that may be available on the Website require registration. By registering at and in consideration of your use of the Website and our services, you agree to provide true, accurate, current, and complete information about yourself, the applicant, and any dependents, if applicable. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any information.
7.2.Username and Password.
(A)Some features on the Website may require use of a username and password. Given the types of services being provided, you agree and acknowledge that you must take appropriate administrative, technical, and physical security measures to protect the data in the Customer Portal, if any, by, for example, protecting your password, using secure Wi-Fi or VPN, using an antivirus software on your computer and mobile device, using a firewall on your computer, locking your mobile device and your computer, and using any and all other appropriate and reasonable practices.
(B)You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your username and password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your username and password, your device, or your access to the Website was compromised, you must immediately notify us by e-mail using the appropriate means set out on Contact Us page, with attention to our Security Officer. We may assume that any communications we receive under your username and password were made by you unless we receive written notice from you otherwise.
7.3. Use of Website.You or third parties acting on your behalf are not allowed to use frames or framing techniques to enclose any portion of the Website without our express written consent.
7.4. Prohibited Conduct
(A)You expressly agree to refrain from doing either personally or through an agent, any of the following: (i) use any device or other means to harvest or attempt to harvest information about other users; (ii) transmit, install, upload or otherwise transfer any virus or other item or process to the Website that in any way affects the use, enjoyment or service of the Website, or any user’s computer or other medium used to access the Website; (iii) modify the information, including headers, found on the Website; (iv) transmit, install, upload or otherwise transfer to the Website any unauthorized advertisement or communication; (v) engage in any action which we determine in our sole discretion is detrimental to the use and enjoyment of the Website; or (vi) transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States.
(B)You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data, or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
8. Hyperlinks and Third Party Websites
8.1. No EndorsementThe Website may contain links to other websites and third party services. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of a link on our Services to a website or third party service does not imply endorsement of the linked site or service by us, our affiliates, or third-party vendors.
8.2. No Control.We have no control over third party websites and make no claim or representation regarding such websites. To the fullest extent permissible under applicable law, we disclaim all responsibility for, the quality, content, nature, or reliability of any websites accessible by hyperlink from the Website, or sites linking to our Website.
8.3. Different Terms and Conditions.Different terms and conditions may apply to your use of any linked sites. For example, we may include a link for you to connect with us on Facebook or to follow us on Twitter; each of these companies has its own terms and conditions which you may be required to accept and follow.
9. Infringement Notice
9.1. Notification of Copyright Infringement.
(A)We respect the intellectual property rights of others and request that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us in writing to the e-mail address or mailing address provided on our Contact Us page with attention to Copyright Agent.
(B)To be effective, your notification must be in writing, include your contact information, provided to our copyright agent, and include: (i) signature of a person authorized to act; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing including references to the location of the material on the Website; and (iv) comply with all other requirements of the Digital Millennium Copyright Act, if any.
9.2. Notification of Other Intellectual Property Infringement.If you believe your non-copyright intellectual property rights were violated, please notify us in writing to the e-mail address or mailing address provided on our Contact Us page with attention to General Counsel.
9.3. No Duty to Validate Claim.
We undertake no duty to determine the validity of any claim of copyright or trademark infringement. Upon receiving written notice that any item posted on the Website is believed to infringe a copyright or other proprietary right, we will remove said work.
11.1. General Disclaimers.
(A)You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the Website, Content, Materials and our services is at your sole risk and the Website, Content, Materials and our services are provided on an “as is” and “as available” basis, with all faults. The Acosta Parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied,including, but no limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, and warranties implied from a course of performance or course of dealing.
(B)The Website offers small businesses and consumers a means to research various health insurance policies and options offered by participating insurance carriers. Notwithstanding any language to the contrary, nothing contained herein constitutes nor is intended to constitute an offer, inducement, promise, or contract of any kind, or a recommendation to purchase insurance from any particular insurance company at any particular level of benefits.
(C)The Acosta Parties make no warranty, representation or condition that: (1) the Website will be uninterrupted, timely, or error-free; (2) that the Website will be secure, provided that Acosta uses commercially reasonable efforts to secure the Website and materially complies with its privacy and security obligations pursuant to its agreement with CMS; (3) any errors in the Website will be corrected; or (4) that your use of the Website will not result in the loss of, or damage to, your information. The website may be subject to delays, cancellations, and other disruptions. The Acosta Parties assume no responsibility for the timeliness, deletion, mis-delivery or failure to store your information through the Website.
11.2. Accuracy of Insurance Information.While Acosta intends that the general and insurance specific information contained in this Website is accurate, complete, and reliable, you agree and understand that the insurance information displayed on the Website is provided by third-parties over which Acosta has no control. Accordingly, Acosta makes no warranties or representations as to the accuracy, timeliness or completeness of the Website or any materials therein or that the Website or any materials therein will meet your requirements.
11.3. No Warranties Created.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACOSTA, ANY AGENTS OR BROKERS USING THE WEBSITE, OR THROUGH OR FROM THE WEBSITE, CONTENT, or materials WILL CREATE ANY WARRANTY OF ANY KIND. Acosta disclaims any and all lability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Website or our services.
11.4. Sole Remedy.Your sole remedy against Acosta for dissatisfaction with the Website or its services is to stop using the Website and its services. This limitation of relief is a part of the bargain between the parties.
11.6. Impact of Jurisdiction and Relief.In certain jurisdictions, the law may not permit or may limit the disclaimer of warranties, so the above disclaimer may not apply to you and may be limited in its application. Termination of your access or use will not waive or affect any other right or relief to which Acosta may be entitled at law or in equity.
12. Limitation of Liability
13. GOVERNING LAW AND JURISDICTION
16. General Terms
16.3. Force Majeure.We will not be liable for any delay or failure to perform resulting from causes outside our commercially reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, or delays in regulations.
Acosta Insurance Group, Inc., 8000 NW 7 Street, Ste. 202, Miami, FL 33126, its affiliates, or its licensed agents are licensed in the following jurisdictions. Acosta Insurance Group, Inc. is a licensed agent/broker in each state that requires health insurance transactions to be conducted through a licensed agent/broker.
|California||Acosta Insurance Group d/b/a California Insurance Agency||0K64091|
|Florida||Acosta Insurance Group, Inc.|
|Texas||Acosta Insurance Group, Inc.||2047839|