Terms and Conditions
These Terms and Conditions (“Terms”) contain important information about your legal rights and agreement with Toyota Insurance Management Solutions USA, LLC, including its affiliates, agents, service providers, subsidiaries, parents and/or related entities (collectively, “TIMS”).
CLICKING THE CHECK BOX CONSTITUTES YOUR BINDING AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CHECK THE BOX OR USE THE WEBSITE (“SITE”).
You may not access this Site if you are our direct competitor, except with our prior written consent. In addition, you may not access this Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. These terms were last updated on November 28th, 2017.
“Service” means this Site and any and all content, software, data, information and materials contained in it and transactions completed through it and/or resulting from your use of this Site. “Third Party Content” means certain third party analysis, content, tools, features, materials, websites, services or advertisements which TIMS makes available on or through this Service, or to which TIMS links on any Site. “Users” means individuals who are authorized by you to use the Service, and have been supplied user identifications and passwords by you (or by us at your request). Users may include but are not limited to your employees, consultants, contractors and other agents.
2. Service Terms.
2.1 Insurance is Not Bound or Provided
No insurance is bound or provided through the use of this Site. A quote for the cost of insurance is not the same as having insurance. If you receive a quote for insurance through the Site, you must take additional steps in order to actually secure insurance coverage. TIMS does not provide insurance or reinsurance broking, risk consulting, claims or other services or provide any benefit to the extent that the provision of such services or benefit would violate applicable law or expose TIMS or its affiliates to any sanction, prohibition or restriction under UN Security Council Resolutions or under other trade or economic sanctions, laws or regulations.
TIMS is a licensed insurance agency in all states and the District of Columbia. TIMS is a Delaware-domiciled limited liability company with its principal place of business in California. In California, TIMS operates under the name Toyota Insurance Management Solutions, LLC and license number 0L46875. In New York, TIMS operates under the name Toyota Insurance Management Solutions Agency and license number 1494294. The issuance of a license is not an endorsement or sponsorship, actual or implied, by any state.
Insurance policies are underwritten by non-affiliated insurance companies. Not all products are available in all states.
© 2018 Toyota Insurance Management Solutions USA, LLC 1025 W. 190th St. Ste. 222, Gardena, CA 90248
2.3 Products and Services
Not all policies, coverages and services described in the Site are available in all states. Availability may depend upon your state, the insurance company and your personal circumstances. The information and materials provided in the Site may not describe all of the terms, conditions, and exceptions applicable to any insurance policy or service. All insurance coverages are subject to the terms and conditions of the insurance policies issued.
2.4 Professional Advice is Not Provided
The content of this Site does not constitute professional advice of any kind. The information contained in this Site is for general informational purposes only. Please contact a licensed TIMS insurance professional for assistance with your insurance needs. Any insurance decision, including coverage amounts, limits, and deductibles, is solely the responsibility of the insured.
2.5 Consent To Be Contacted By TIMS
If we chose “YES” to the Autodialed Marketing Call/Text Consent, you authorize TIMS (together with its affiliates and agents, including National General Insurance Marketing Inc. ("NGIM"), "we," "our" or "us"), to make telemarketing calls and send marketing text messages to the telephone number you entered into the form using an automatic telephone dialing system. Signing this consent is not a condition of getting a quote or purchasing property, goods or services from or through us. If you do not wish to receive sales or marketing calls or texts, you should not check the "YES" option in the form. Additionally, you agree to receive communications from TIMS regarding your use of the Service, and any insurance you may have obtained by your use of the Service. You agree that these communications may include, but are not limited to, the use of an automated telephone dialing system, pre-recorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means, regardless of whether your phone number is registered on a state or federal Do Not Call list. You understand that any messages we leave for you may be accessed by anyone with access to your voicemail or text messages. You understand that your mobile phone service provider may charge you fees for calls that we make or text that we send to you, and you agree that we will have no liability for the cost of any such calls or texts. At any time, you may withdraw your consent to receive marketing calls and text messages by calling us at 877.249.0086. Alternatively, to stop marketing text messages, simply reply “STOP” to any marketing text message that we send you.
2.6 Notice Of Monitoring And Recording
You understand that all telephone calls, live chats, and other communications between you and TIMS (including its affiliates defined above) may be monitored and/or recorded. You agree to such monitoring and recording.
3. Our Proprietary Rights.
3.1 As between TIMS and you, and subject to your right, title and interest in data you submit through this Service or otherwise provide or submit to TIMS, TIMS owns all right, title and interest in and to the Service, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, and rights to any third party software used by TIMS’s service providers, TIMS reserves all rights, title and interest in and to the Service, including all related intellectual property rights subsisting therein. We grant no rights to you hereunder other than as expressly set forth herein. This Service and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of TIMS and to comply with all reasonable written requests made by TIMS or its third party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Service.
3.2 All TIMS denominated branding, other trademarks, and service marks are the property of, or licensed by, TIMS. TIMS’s trademarks and trade dress may not be used in any form without the prior written consent of TIMS, and any use shall be subject to TIMS’s then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by TIMS that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TIMS.
4.1 Subject to these Terms, TIMS hereby grants you a non-exclusive, non-transferable license for your personal, lawful, non-commercial purposes in connection with seeking insurance. You may not use the Site in any manner inconsistent with these Terms.
4.2 You shall not remove any copyright, patent, trademark or other proprietary or restrictive notice or legend contained on of the Sites, and you shall reproduce all such notices and legends on all copies of materials downloaded, printed or distributed from the Service which copies are permitted to be made hereunder.
5. Restrictions on Use.
5.1 Except as otherwise expressly provided in these Terms or on the Site, you may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, except with the express written consent of TIMS or its third party licensors.
5.2 In addition, you agree not to:
(a) Use or access the Site for any purpose that is unlawful or prohibited by the Terms or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy or violative of third party privacy rights;
(b) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service;
(c) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TIMS without express written consent;
(d) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of TIMS or any of our third party licensors without the express written consent of TIMS;
(e) Use or access the Site in a manner that could damage, disable, overburden, or impair any TIMS server or the networks connected to any TIMS server;
(f) Interfere with any third party’s use and enjoyment of the Service;
(g) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any TIMS server through hacking, password mining, or any other means;
(h) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage); or
(i) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
6. Your Responsibilities.
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Service by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Service; and (iii) use the Service solely in accordance with any online user guides or instructions made available on or through the Site. You shall not disclose or share any ID(s) and password(s) used to access this Service. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to notify TIMS in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party.
7. Your Instructions and Requests.
You acknowledge and agree that when the Terms terminate, your access to any content through the Service may terminate, and that following such expiration or termination, Materials may be archived or deleted from the Service in accordance with our applicable records retention policy(ies). We do not guaranty the availability of any other content on the Service, and you acknowledge and agree that any content stored on or through this Site may be archived or deleted periodically in accordance our applicable record retention policy(ies).
8. Links And Third Party Information.
8.1 Third Party Content is not maintained or controlled by TIMS, and as a matter of policy, TIMS does not independently verify, prescreen or monitor any such Third Party Content. We are not responsible for the availability, content, completeness, adequacy, utility or accuracy of such Third Party Content. TIMS does not make any endorsement, express or implied, of any Third Party Content.
8.2 Certain Third Party Content is subject to additional specific terms and conditions which can be found in the Third Party’s terms and conditions.
8.3 Service features that interoperate with Third Party Content depend on the continuing availability of such third party services and materials for use with the Service. If the third party providers of such services or materials cease to make the services or materials available on reasonable terms for the Services, we may cease providing such Service features.
9. Disclaimers and Limits of Liability.
9.1 The information contained in this Service provides only a general overview of subjects covered, is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. Insureds should consult their insurance and legal advisors regarding specific coverage issues. All insurance coverage is subject to the terms, conditions, and exclusions of the applicable individual policies. TIMS cannot provide any assurance that insurance can be obtained for any particular client or for any particular risk, and, unless and to the extent otherwise expressly provided, the display of information on or through this Service should not be considered assurance that insurance can be or has been obtained for any particular client or for any particular risk. TIMS is not responsible for accuracy of any Third Party Content containing information or other materials concerning the financial condition or solvency of any insurers or reinsurers, or application of policy wordings of any insurers or reinsurers.
9.2 THE SITE, ANY SERVICE, AND THE INFORMATION ON THE SITE, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
9.3 TIMS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of these Terms may not apply to you.
You shall defend us against any claim made or brought against us by a third party alleging that your use of the Services in violation of these Terms, or the data or information you submit through the Site, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, us in connection with any such Claim; provided, that we:
(a) promptly give you written notice of the Claim; (b) give you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally release us of all liability); and (c) provide to you all reasonable assistance, at our expense.
11. Changes to Terms.
TIMS reserves the right to make changes, modifications, amendments, and/or updates to this Service and the Terms. When these changes are made, we will make a new copy of the Terms available on this Site. Changes to the Terms shall be effective when posted. You understand and agree that continued use of the Site after the Terms has changed will be treated as your acceptance of the updated Terms.
12. Term and Termination.
These Terms commence on the date you accept them and continue until terminated in accordance with this paragraph. You may terminate your use of the Service without cause at any time upon written notice to us. We may terminate access to and use of the Service (a) at any time with or without cause, upon notice to you or (b) upon termination of your relationship with TIMS for any reason. Sections 3 (Proprietary Rights), 8 (Links and Third Party Content), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), 14 (Governing Law) and 17 (Miscellaneous) shall survive any termination or expiration of these Terms. We shall have no obligation to maintain or provide you a copy of any of your data in the Service following termination or expiration of these Terms, unless otherwise specified in other applicable agreement between you and TIMS, or unless legally required to be retained. UPON TERMINATION OF YOUR ACCESS TO OR USE OF CONTENT STORED IN THE SERVICE WILL NOT BE ACCESSIBLE THROUGH THE SERVICE.
13. Sanctions and Export Controls.
This license agreement is expressly made subject to any laws, regulations, orders or other restrictions which may be imposed by the Government of the United States of America on the transaction of business activities with certain countries or nationals or residents of certain countries. Services are not available through TIMS to any Restricted Entity (as defined below). You represent and warrant that neither you nor your organization is a Restricted Entity nor are you or your organization using the Services on behalf of or for the benefit of a Restricted Entity. “Restricted Entity” shall mean any individual or organization owned or controlled by, or acting as an agent for, any person or entity with whom a U.S. citizen, national, or company organized under the laws of or operating in the U.S. is prohibited from engaging in transactions by U.S. laws, including without limitation, a person on the Specially Designated Nationals List published by the U.S. Department of the Treasury’s Office of Foreign Assets Control.
14. Governing Law.
These Terms shall be governed by the laws of the State of Delaware, without reference to the principles of conflicts of laws thereof.
15. Agent For Notice Of Claimed Copyright Infringement.
TIMS respects the intellectual property rights of authors. To assist copyright owners, TIMS has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with the Site. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:
Attn: Copyright Agent
Toyota Insurance Management Solutions USA, LLC
1025 West 190th Street, Suite 222
Gardena, CA 90248
16. Injunctive Relief.
You acknowledge and agree that any violation of the Terms relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Service by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to TIMS or its licensors that may not be adequately compensable in money damages, and for which TIMS will have no adequate remedy at law. You, therefore, consent and agree that TIMS may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with these Terms. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
We may assign our rights and obligations under these Terms, without notice, to: (a) any affiliate of TIMS; or (b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of TIMS or any affiliate of TIMS. These Terms may not be assigned by you without our prior written consent. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The Terms and Conditions is the entire and final agreement between TIMS and you regarding your access to and use of the Site and the content provided, and supersedes any prior or contemporaneous understandings regarding access and use of the Site. Questions or comments regarding the Service or the Terms should be directed to TIMS client executive team at firstname.lastname@example.org or 877.249.0086