National Lenders General Agency, LLC
- General Introduction
- Privacy Statement
- Representation of Data Collection
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.
- 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.
- 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 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.
- Monitoring of Services
- Termination of Your Account or Use of Our Services
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.
- 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.
- 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.
- Intellectual Property Rights
- No Third-party Beneficiaries
- 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.
- 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.
- Governing Law and Jurisdiction
- Arbitration Agreement and Waiver of Class Remedies
(a) Arbitration Agreement
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
(d) Thirty Day Right to Opt Out
- No Oral Modification
- 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.
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.
- 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
- Notification of Changes
- Contact National Lenders
© 2023 National Lenders General Agency, LLC. All rights reserved.