Terms Of Use
Last Modified: October 14, 2024
PLEASE READ THE FOLLOWING WEBSITE TERMS AND CONDITIONS BEFORE ACCESSING, USING, OR OBTAINING MATERIALS, INFORMATION, PRODUCTS, OR SERVICES THROUGH THIS WEBSITE.
1. Website Terms and Conditions. These website terms and conditions specify and describe the terms and conditions for which Lightwell and its subsidiaries and affiliates (together, “We”, “Us”, or “Our”) provide access to and use of Lightwell.com (“Website”) and the terms and conditions for which you may access and use Our Website (“Terms and Conditions”), subject to your acceptance of these Terms and Conditions. By using, accessing, or obtaining any materials, information, products, services, data, materials, or any other content (together, “Content”) through Our Website, you acknowledge that you have read, understand, and agree to comply and be bound by these Terms and Conditions. If you do not accept, understand, or agree to these Terms and Conditions, do not access or use this Website and cease your current access to the Website.
2. Privacy Policy. Your use of the Website is also governed by Our Privacy Policy. Your acceptance of these Terms and Conditions indicates your consent to the Privacy Policy as well.
3. Revisions. Lightwell reserves the right to update and change these Terms and Conditions from time to time and in its sole discretion. Your continued use of Our Website after We make changes is deemed your acceptance of those changes. You are responsible for periodically visiting Our Website to check for any changes to these Terms and Conditions. The current version of these Terms and Conditions will be posted on our Website as it has historically been posted. The date it was Last Modified will be displayed on the top of the page.
4. Licensing. Lightwell’s subsidiaries and affiliates are licensed insurance agencies/agents in various U.S. states. This Website is not intended to be a solicitation for insurance in any state for which Lightwell or its subsidiaries and affiliates are not licensed as insurance agencies/agents.
5. Website Use. Lightwell grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Lightwell reserves the right, and you authorize Us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with Our Privacy Policy.
You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products, or services in violation of any law. You agree not to use the Website for any fraudulent purpose and are forbidden from using the Website to transmit unlawful material or any material that might be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not use any device, software, or routine that interferes or attempts to interfere with the operation of this Website. You may not use the Website for any commercial, financial, or other similar purpose without Our consent, nor for any unlawful purpose or otherwise prohibited by these Terms and Conditions. You may not use any technological means such as robots, spiders, or other devices to monitor Content available through Our Website.
You further agree to comply with all applicable laws regarding your use of the Website and acknowledge that the information provided by you is truthful and accurate to the best of your knowledge. Your use of Our Website is at the discretion of Lightwell, and as such, Lightwell may terminate your use of this Website at any time, with or without notice, for any reason, and with no liability.
6. Products. Descriptions or other presentations of products or services on this Website are not intended to be offers or solicitations, and you should not regard any information you access on this Website as a recommendation, advice, or complete description of any products or services. Some products or services presented on Our Website may not be available for sale in all jurisdictions. Descriptions or other presentations of products or services on this Website will not modify the terms of any insurance policy form, and reference should be made to the actual policy forms for coverage information. Insurance coverage is provided through various insurance companies and is subject to such terms and conditions of the policies.
7. Quotations. Application for an insurance quotation through Our Website does not constitute a binder of insurance coverage or constitute the reporting of a claim. An application may be used by Lightwell and its subsidiaries or affiliates to provide an estimate of the cost, type, and terms and conditions of insurance coverage offered by an insurance company (“Quotation”). A Quotation may be subject to the receipt of additional information or other conditions by either Us or the insurance companies. Lightwell may share commission or referral fees from insurance companies or other sources with its business partners, subject to all applicable regulations and laws.
8. Content Ownership. Lightwell and its content suppliers (“Suppliers”) own and have copyrights on the Website, the Content, and other items of intellectual property such as trade names, taglines, slogans, logos, etc, that are protected by copyright laws. All Content included on this Website is and shall continue to be the property of Lightwell or its Suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. The Content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, sold, or otherwise used for public or commercial purposes, in whole or in part, without the express prior written consent of Lightwell.
The “Lightwell" and "Lightwell Insurance Advisors” name and logo are registered trademarks of Brotherhood Mutual Insurance Company and are used with permission by Lightwell’s subsidiaries and affiliates. Other trademarks, logos, and service marks displayed on the Website are the registered or common law marks of Lightwell, Suppliers, or their respective owners. Your use of and access to this Website does not grant you any license or right to use any of the trademarks on this Website, nor will you acquire any ownership rights in any Content through your use of this Website. No waiver of any intellectual property rights that Lightwell or its Suppliers has in any of its trademarks, service marks, names, logos, or products is express or implied if a mark, name, or logo is not present on the Website.
9. Links. This Website may contain links to other websites that are not owned or controlled by Us. We assume no liability for the content or accuracy of such sites. These links do not constitute or imply endorsement by Us of the linked site or material. We are not responsible for or liable for the information, products, or services offered on these other websites. Access to these sites is at your own risk.
10. Communication. By providing your phone number to Us, you agree and acknowledge that We may send text messages to your wireless phone number for any purpose via our SMS service provider. Message and data rates may apply. Message frequency will vary, and you will be able to opt-out by replying “STOP.” Additionally, if you send email messages to Us, you acknowledge that such messages may be accessed by others. Confidential information should not be sent via unsecured email.
11. Indemnification. You agree to indemnify, defend and hold Lightwell and its partners, representatives, agents, employees, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms and Conditions or use of the Website.
12. Disclaimer of Warranties. THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR SOLE RISK. LIGHTWELL AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR THE CONTENT. LIGHTWELL FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. LIGHTWELL DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE ACCURACY AND COMPLETENESS OF THE CONTENT ON THIS WEBSITE AND DISCLAIMS LIABILITY RESULTING FROM OR ARISING OUT OF ANY ERRORS AND OMISSIONS CONTAINED IN THE CONTENT ACCESSED ON OR THROUGH THE WEBSITE.
LIGHTWELL AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE WEBSITE AND/OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUSES AND THOSE ARISING BY STATUTE OR IN LAW, OR FROM A COURSE OF DEALING, USAGE, OR TRADE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
13. Limitation of Liability. LIGHTWELL AND ITS SUPPLIERS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY (a) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY AS A RESULT OF YOUR ACCESSING, USE OF, OR BROWSING IN, OUR WEBSITE, OR DOWNLOADING OF ANY CONTENT FROM OUR WEBSITE, OR (b) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER INJURIES, LOSS, CLAIMS, OR DAMAGES, UNDER ANY LEGAL THEORY, THAT ARISES OUT OF OR IN ANY WAY RELATING TO (i) USE OF THE WEBSITE OR THE CONTENT, (ii) ANY FAILURE OR DELAY, INCLUDING THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE TO SUBMIT INSURANCE APPLICATIONS, OR (iv) PERFORMANCE OF NON-PERFORMANCE OF LIGHTWELL OR ANY SUPPLIER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER ALSO APPLIES TO ANY SUCH DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR OR OMISSION, INTERRUPTION, DELETION, OR DELAY IN TRANSMISSION, COMPUTER VIRUS, THEFT, OR UNAUTHORIZED ACCESS TO UNDER ANY LEGAL THEORY OR CAUSE OF ACTION.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS AND CONDITIONS THAT DIRECTLY CONFLICT WITH SUCH LAWS MAY NOT APPLY TO YOU.
14. Miscellaneous. These Terms and Conditions, together with any items incorporated by reference including the Privacy Policy, constitute the entire agreement between you and Lightwell relating to your access and use of the Website and replaces any prior oral or written understandings or agreements. These Terms and Conditions are governed by the laws of the state of Indiana, without regard to principles of conflict of laws. Any dispute arising out of this Website shall be subject to the exclusive venue of a court of competent jurisdiction in Fort Wayne, Indiana. If a court of competent jurisdiction adjudges any term or condition unenforceable or invalid, then such terms and conditions deemed unenforceable or invalid will be enforced to the fullest extent permitted by applicable law and the other terms and conditions shall remain valid and enforceable. Any failure of Lightwell to act or enforce any right or provision with respect to your or another person’s breach of these Terms and Conditions shall not constitute a waiver with respect to future or similar breaches.