Our Terms of Use

National Lenders General Agency, LLC

  1. General Introduction 

You agree to be bound by the terms and conditions contained within the Terms of Use, as well as our Privacy Policy.  Collectively, these form a legally binding agreement between us and you.

The terms “National Lenders General Agency, LLC” and its affiliates, including but not limited to “Empire Indemnity Insurance Company Risk Retention Group, Inc.” and “Soteria Insurance Company, Ltd.”, collectively refer to “National Lenders,” “we,” “us,” or “our”.  The terms “you,” “customer,” and “user” shall mean you, users of our Services, and any entity or organization you or such users represent.  The term “Services” means, collectively, the website at nationallenders.com (“Website”), various websites, applications, widgets, information, services, email notifications, and other media, or portions of such media, through which you have accessed the Terms of Use. The Terms of Use contain an agreement to arbitrate all claims and disclaimers of warranties and liability. 

  1. Privacy Statement 

By using our Services, you acknowledge that you have read and understood our Privacy Policy.  The Terms of Use incorporate this Privacy Policy in full and, by agreeing to the Terms of Use, you agree to be bound by the terms of the Privacy Policy, which describes how our Website collects and stores your data.

  1. Your Compliance with The Terms of Use 

By using our Services and visiting our Website, you voluntarily accept and consent to the Terms of Use, and your consent and acceptance are supported by sufficient and valuable consideration. You acknowledge that this consideration includes, but is not limited to, access to our Services and your ability to interact with our Services. You expressly represent that you have the capacity to agree to be bound to the Terms of Use and, given that you are acting on behalf of a business entity or other organization, agree that you have the authority to so binding that entity or organization.

  1. Representation of Data Collection 

You consent to and agree that National Lenders may collect your data as described in our Privacy Policy from you even though we may not be able to offer you any available products or services for purchase.  National Lenders currently only sells products or services in certain states and currently only sells limited insurance products.  If you voluntarily provide us with any information about yourself or a third party, you agree that National Lenders reserves the right to use that data for market analysis, advertising, or other commercial purposes.  This is true even if National Lenders cannot offer you or a third-party products or services for sale at the time you provide us with this information.

 When applying for a commercial automobile insurance policy, you represent that you have provided notice to and obtained consents from your employees that will allow us to obtain any motor vehicle records related to those employees to be used in underwriting decisions. 

  1. Use of Our Services 

Our Services, as well as their underlying processes, related content, and generated data, may not be used for personal, family, household, informational, or non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Services or their underlying processes, related content, or generate data without National Lenders’ express written consent. Your use of our Services is not transferable by you to any other person or entity. Your access and use of our Services may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. We reserve the sole right to suspend or discontinue the availability of our Services at any time in our sole discretion and without prior notice or consent.

  1. Prohibited Activities 

You are responsible for anything you transmit to or through National Lenders’ Website or to National Lenders through email, short message service or text, voice calls, Facebook, Twitter, Yotpo Review, Google Review, or any similar service.  You represent that your transmissions to National Lenders are and will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. In using this Website, you agree that it is solely your responsibility to avoid certain activities that we deem, at our discretion, to be prohibited. These prohibited activities include without limitation:

  • Criminal activity or tortious activity, including (i) fraud or misrepresentation, (ii) harassment (such as verbal harassment), (iii) infringement or misappropriation of a third party’s copyright, trademark, patent, trade secret, or other intellectual property, (iv) slander, libel, defamation, or use of content that is obscene, pornographic, vulgar or offensive, (v) use of content that promotes discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group, and (vi) content that promotes illegal or harmful activities or substances;
  • Advertising to, or solicitation of, any user to buy or sell any products or services;
  • Attempting to impersonate, or impersonating, another user or entity;
  • Using a false email address, phone number, postal address, or contact information.  You are also prohibited from using an email address, phone number, address or contact information of another entity or person without authorization;
  • Attempting to access or search the Services or engaging in any automated use of the System, such as using scripts, spiders, crawlers, data mining tools, or the like to collect data, send comments or messages, post on forums, and/or request information;
  • Attempting to probe, scan, or test the vulnerability of any National Lenders system or network, or breach any security or authentication measures;
  • Interfering with, disrupting, or creating an undue burden on our Services or the underlying networks;
  • Accessing or tampering with non-public areas of the Services, National Lenders’ computer systems, or the technical delivery systems of National Lenders’ providers;
  • Avoiding, bypassing, removing, deactivating, impairing, descrambling otherwise circumventing any technological measure implemented by National Lenders or any of National Lenders’ providers or any other authorized third party to protect the Services;
  • Using mega tags or other hidden text or metadata utilizing a National Lenders’ trademark, logo, URL, or product name without National Lenders’ express written consent;
  • Using information or scraping information from our Services for any purpose whatsoever;
  • Using the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Using the Services to send altered, deceptive, or false source-identifying information;
  • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, or spamming the Services;
  • Collecting or storing any personally identifiable information from the Services from other users of the Services without their express permission;
  • Using our Services in a manner inconsistent with any and all applicable laws and regulations; and
  • Encouraging or enabling any other individual to do any of the foregoing.
  1. Monitoring of Services 

We reserve the right, but have no obligation to, monitor our Services for your or third party violations of the Terms of Use, take appropriate legal action against anyone who violates the Terms of Use, refuse or restrict access to or availability of any user`s interaction with the Services, remove the Services, or otherwise disable all files and content at our discretion, and otherwise manage the Services in order to protect the rights and property of National Lenders and its customers.

  1. Termination of Your Account or Use of Our Services 

We may restrict, suspend, or terminate your use of or access to our Services in the event that you violate the Terms of Use and, at our sole discretion, as permitted by law. We may change the Services or content, or otherwise restrict access to all or parts of our Services without providing notice at our discretion, as permitted by law.

  1. Content

 National Lenders makes no representations or warranties about the suitability of the content of its Website for any purpose.  National Lenders provides all content of its Website on an “as is” and an “as available” basis without any warranty of any kind.

  1. Disclaimers and Limitations on Liability   

National Lenders makes no warranty or guarantee that any content available for downloading is free from infection from any computer programming or other glitches which may contaminate damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information. If you access or otherwise use our Services from jurisdictions outside of the United States of America, you do so of your own volition and risk, and are solely responsible for compliance with local, state, federal, and international law. In no event shall National Lenders be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data, or profits, without regard to the form of any action, including, but not limited to, contract or negligence or other tortious actions, arising out of or in connection with the use, reproduction, or display of the Website content.

  1. Indemnification and Hold Harmless 

By using our Services, you agree to indemnify, defend, and hold harmless National Lenders against any claim, cost, fine, damages, including attorneys’ fees, arising from or related to your use of our Services.

  1. Intellectual Property Rights 

Our names, graphics, and logos used in connection with our Services, service marks, icons, page headers, page layouts, scripts, and unique terminology are our trademarks and trade dress (collectively, “Proprietary Marks”) in the United States and other countries. You may not use our Proprietary Marks without our express and written permission. National Lenders makes no proprietary claim to any third-party names, trademarks, or service marks appearing on our Services as the rights related to these names, trademarks, or service marks belong to their respective owners. Any information, advice, data, software, or other content, which may be contained in or downloaded from our Services (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). All software used in providing or supporting our Services (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights. You are solely liable for any damages arising from your infringement of our or any third-party intellectual property rights with respect to the Proprietary Marks, Content, Collective Work, Software, or third-party names, trademarks or service marks. You are solely responsible for any harm incurred to us or our affiliates as a direct or indirect result of you copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of these Terms of Use.

  1. No Third-party Beneficiaries 

The Terms of Use are between you and National Lenders, and no provision within the Terms of Use confers any implied or express right to any third party. The Terms of Use do not provide you with any authority to bind National Lenders in any way.

  1. Assignment 

You may not transfer, assign, or license your rights under the Terms of Use without our prior express and written consent. 

  1. Void Where Prohibited 

Our Services are intended for use for those areas in the United States where we, our affiliates, our partner insurers, our brokers, or our agents are licensed and permitted to sell our products and services. Although our Services may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law. 

  1. Our Services Are Not Intended for Minors 

Our Services are not directed at minors, that is, persons younger than 18 years old. If you are not at least 18 years old, please do not attempt to access our services. We do not knowingly contact or collect personal information from persons under 18 years old, and such a person should not provide us with any information. 

  1. Governing Law and Jurisdiction 

You agree that the Terms of Use (and incorporated Privacy Statement and Cookies Policy) are governed and interpreted by the laws of the State of Texas without regard to principles of conflicts of law. By using our Services, you agree to personal and exclusive jurisdiction of the state and federal courts of Texas in order to resolve any dispute arising from your use of the Services, including but not limited to the enforcement of any arbitration award. You further agree to waive any objection to such jurisdiction or venue.

  1. Arbitration Agreement and Waiver of Class Remedies 

(a) Arbitration Agreement

Any controversy or claim arising out of or relating to the Terms of Use shall be finally resolved by binding arbitration following the parties’ best efforts to settle such dispute, claim, question, or disagreement. If a binding arbitration occurs, it shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, except for any rules or procedures permitting class actions or otherwise contradictory to the Terms of Use. An arbitrator shall wield exclusive authority to resolve all disputes, including whether this or any other provision contained in the Terms of Use is void or voidable. The arbitrator’s award shall be binding and entered as a judgment in any court of competent jurisdiction and in accordance with the Governing Law and Jurisdiction clause of the Terms of Use.

The parties understand that, absent this Arbitration Agreement provision, they may otherwise have the right to sue in a court of law and may have the right to a trial by jury. While arbitration is intended to be more cost-effective, in some instances the cost of arbitration may exceed the cost of civil litigation in a court. Moreover, the rules and procedures of arbitration may limit discovery.

(b) Waiver of Class Remedies

The parties agree that any arbitration shall be conducted only in their individual entity capacities, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.

(c) Exception: Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, relief may also be sought in a small claims court for disputes or claims within that court’s jurisdiction—subject to the Governing Law and Jurisdiction clause of the Terms of Use.

(d) Thirty Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration agreement and class action provisions of this section by sending written notice of your decision to opt out to the following address: National Lenders General Agency, LLC, 17047 El Camino Real, Houston, TX 77048. Such notice must be sent within thirty (30) days of registering to use our Services, or else you shall be bound to arbitrate disputes in accordance with these Terms of Use. Any such opt out shall be mutual. We reserve the right to terminate your use of our Services should you opt out.

  1. No Oral Modification 

The Terms of Use may not be modified through oral agreement or statements. The individual employees of National Lenders, National Lenders’ partners, and National Lenders’ third-party affiliates are not authorized to modify the Terms of Use except by the mechanism stated herein. Any employee offering to modify the Terms of Use is not acting as an agent of National Lenders or with proper authority to bind National Lenders. You agree not to rely on any statement, written or oral, by any employee or agent of National Lenders or any third party with respect to modification or interpretation of the Terms of Use.

  1. Communications With National Lenders  

In using our Services, you may choose to communicate with us by providing us with feedback, comments, questions, or proposals.  Under no circumstance will your submission of information obligate National Lenders to pay you compensation.

You may provide your information as part of an attempted or completed request for a quote or offer for goods and services of a third-party vendor.  In doing so, you agree to allow National Lenders to use this information in any way consistent with the Terms of Use and our Privacy Policy.  When you submit contact information to us as part of an attempted or completed request for a quote or offer for goods or services, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and services.  This is true even if your phone number is on any “do not call” list.

  1. Severability 

Except as otherwise provided herein, in the event that any provision contained within the Terms of Use is deemed to be unenforceable, invalid, or ambiguous, such provision shall be limited or discarded to the minimum extent necessary so that the remaining provisions of the Terms of Use remain in full force and enforceable.

  1. Non-Waiver 

Neither party shall be deemed to have waived, in whole or in part, any of its rights granted herein by its failure to exercise, in whole or in part, any right herein. 

  1. Force Majeure 

Neither party shall be responsible for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government restriction, labor disturbances, unavailability of anticipated or usual means of supplies, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond any party’s reasonable control.

24. Entire Agreement

The Terms of Use and only those Policies or Notices expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied, with connection to our Services.

  1. Notification of Changes

At its discretion, National Lenders may amend the Terms of Use from time to time. We will post any such material changes to our Website along with a notice indicating that the Terms of Use have changed at least thirty (30) days prior to the effective date of these changes, when practicable. Should we materially change the Terms of Use, you may cancel your account with us by contacting us in accordance with the “Contact National Lenders” provision of the Terms of Use before the effective date of the modified Terms of Use. You will not be bound by the updated Terms of Use if you cancel your account within this time period.

  1. Notice

 In the event National Lenders may choose or become obligated to provide you with notices under or related to the Terms of Use, you consent to receive such notices or related communications by National Lenders posting them on its Website, by sending them to you via an email address you provided, or by sending them to a postal address you provided, at our discretion. You further agree that any such communication as described herein satisfies any legal requirement that the communication must be provided in writing. 

  1. Contact National Lenders 

If you have any questions about the Terms of Use or wish to notify us in relation to your use of our Services, you may contact National Lenders by email at sales@nationallenders.com or by postal mail at: National Lenders General Agency, LLC, 17047 El Camino Real, Suite 211, Houston, TX 77058.

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