Amplify Life Insurance Company (“Amplify,” “we,” “us,” “our”) is an insurance brokerage company and owns and operates this website, www.beamplify.com (the “Site”).
This Terms and Conditions Agreement (“Agreement”) governs your access to and use of the Site. By accessing, browsing, and using the Site, you (“you” and “User”) agree that you have read, understood, and accepted this Agreement. Please read it very carefully and let us know if you have any questions. You can contact us at: firstname.lastname@example.org. If you disagree with any of the terms of this Agreement, you may opt out by closing the Site.
3. Representations about users and customers.
Amplify is an insurance brokerage and may provide to you on our Site quotes, brokering, information about insurance and financial services, and transacting of sales to you of third-party insurance products (“Insurance Services”). We are a licensed independent insurance broker. Insurance premiums quoted on the Site are based on the information provided for your quote. You understand that if you provide incorrect or incomplete information, it may affect the accuracy of the information that is provided to you on the Site.
Through use of the Site, you assert you:
If you are 13 or older but under age 18, you must review this Agreement with your parent or legal guardian who understands it and who shall agree to this Agreement on your behalf.
A final insurance policy premium for any policy is determined by the underwriting insurance company following a final, complete, and accurate application.
Not all of the products or services described on the Site are available in all geographic areas of the United States. You may not be eligible for all of the insurance products or services described on the Site. Insurance products and their availability may vary by state and your individual circumstances, the third-party insurance products offered for sale through the Site are only available in the jurisdictions in which we are properly licensed.
4. Intellectual property with respect to the Site
Amplify owns the Site and its content, including but not limited to trademarks, logos, service marks, registered and unregistered, and is protected by United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Site. If you submit comments, suggestions, ratings, or other feedback regarding the Site or your experience ("Feedback"), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you. You are granted permission to use the information provided to you on or via the Site solely for your own personal, non-commercial use, if you do not modify the content and you shall not act in a way that threatens any of Amplify’s legal rights. You shall not "mirror" any content contained within the Site without Amplify’s prior express written authorization. Except as stated herein, none of the content may be used, copied, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior express written authorization.
5. Restrictions on use of the Site
You may not rent, lease, lend, sell, redistribute, reproduce, or sublicense the Site or any portion of the Site. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, or any portion of the Site. If for some reason these restrictions are prohibited by applicable law or by a contract between Amplify and an Amplify licensor, then the activities are limited to the permitted extent necessary in compliance with law, contract, or license(s). You shall not exploit or interfere with the Site or its intended purpose in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.
6. User submissions
7. Third party offerings
Amplify is an insurance brokerage company. The Site offers estimates, quotes, and certain other information about third-party products. Amplify is not and shall not be responsible for either the availability of these Third Parties, their offerings, products, services, or other methods by which you may be introduced to services as a result of the Amplify Site.
Amplify does not guarantee any quote, fee, term, rate, coverage, or service offered or made available by Third Parties. You acknowledge and agree that you are responsible for validating the licensure of Third Parties for any products or services that you may choose to purchase and that Amplify shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Third Party’s products or services. You bear the responsibility to investigate such third parties and to also seek the advice of professionals, whether they are lawyers, accountants, or financial advisers regarding these third party offers.
8. Communications with you about your insurance needs
By providing your email address, phone number, or both on beamplify.com, you permit us to contact you by email, phone, or text message about:
Amplify may contact you at any telephone number(s), mobile or otherwise, that you provide us. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing system (ATDS) technology to contact you. Message and data rates may apply. You also understand that your consent is not a condition of purchase, and that you can call Amplify directly at 1-855-445-8516 for more information.
We agree that you may withdraw your consent to be contacted. However, the following steps must be followed:
If any of your telephone numbers change, or if you are no longer the owner, subscriber or primary user of a telephone number you have provided, you agree to notify us immediately of such facts so that we may update our records.
When you click the “I Accept” button to share your email address, you’re giving affirmative consent to receive commercial email messages from us and/or our partners. You acknowledge and agree that your email address may be used for the purpose of initiating commercial email messages.
9. No Warranties
WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE USE OF THE SITE AND SERVICES, INCLUDING ANY AND ALL SOFTWARE INCLUDED THEREIN, WHICH IS PROVIDED "AS-IS". YOU USE OUR SITE AND SERVICES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, AT YOUR OWN RISK. AMPLIFY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not take on or assume any responsibility for any harm, loss, or corruption to you, your computer, or your data (or any third party data or computer) from your use of our Services. Some states do not allow the foregoing limitations of liability; if you live in one of these states, these warranties will be limited and the limitation on liability will be $100.00 in the aggregate for any and all claims. You may also have other legal rights that vary from state to state.
The Site is not and will not be a replacement for your lawyer, financial advisor, accountant, or tax planning specialist.
10. Limitation of liability
Your use of the Site is at your own risk. Amplify specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the materials (even if Amplify or an Amplify representative has been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to this web site or viruses that may infect your computer equipment or other property, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to this web site or the materials. This limitation of liability may be different in connection with specific products and services offered by California Casualty. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You hereby release and forever discharge Amplify (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Amplify Properties (including any interactions with, or act or omission of External Sites). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You shall defend, indemnify, and hold harmless Amplify, its successors, affiliates, and assigns, from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: I. Your content, submissions, and feedback, II. Your breach of this Agreement; III. your access to, use, or misuse of the Amplify Properties; or IV. Your violation of any applicable laws, rules or regulations.
13. Amplify will change this Agreement
Amplify will change this Agreement at any time by updating and posting a new version of it on the Site or by otherwise notifying you of the revised Agreement. By subsequently using the Site, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
14. Governing law and choice of forum
This agreement and your use of the Website shall be governed by the laws of the state of California, without regard to principles of conflict of laws. You also agree that the state or federal courts sitting in San Mateo County, California shall have exclusive jurisdiction and venue over any claim or dispute arising out of this Agreement or relating to your use or visitation of our Site, and you hereby consent to the personal jurisdiction and venue of the federal and state courts sitting in San Mateo County, California.
Amplify is committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Amplify encourages all qualified applicants to apply.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision shall be enforced, and reconstructed if needed in a way that best embodies the intent of this Agreement, to apply to the maximum extent allowable under applicable law. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
The section headings used herein are for convenience only and shall not be given any legal import.
Amplify reserves the right to seek all remedies available at law and in equity for violations of the Agreement for use of the Site, including the right to block access from a particular Internet address to the Site.