Terms of Service
This Terms of Service Agreement (the “Agreement”) is entered into by and between you (hereinafter referred to as the “User” or “Agent”) and Agency Statement Management, LLC, a Delaware limited liability company (hereinafter referred to as “ASM,” “Company,” “We,” “Us,” or “Our”). This Agreement governs your use of ASM’s statement downloading services for independent insurance agents (the “Services”).
Subject to the terms and conditions of this Agreement, ASM grants you a limited, revocable, non-transferable and nonexclusive license to access the Services. Your rights hereunder and not sub-licensable and are granted solely for your use. The license granted hereby does not include any right to any access to source code, or business processes.
By accessing or using the Services provided by ASM, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, please do not use our Services. This Agreement is a legally binding contract between you and ASM.
In order to use ASM’s Services, the Agent must sign a separate document authorizing ASM to act on their behalf to download statements from relevant sources. The Agent retains ownership of their data, but ASM is granted the right to access and download statements as necessary for the provision of Services.
The Agent acknowledges that ASM’s business processes, including but not limited to the methods, algorithms, and technology used in providing the Services, are the exclusive property of ASM. The Agent does not acquire any ownership interest or rights in ASM’s business processes through their use of the Services.
The Agent agrees to use ASM’s Services in compliance with all applicable laws and regulations. ASM reserves the right to suspend or terminate the Agent’s access to the Services if there is a violation of this Agreement or any illegal or unauthorized use of the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASM, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, CONTRACTORS AND AGENTS (“ASM PARTIES”), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ASM PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SYSTEM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY TRANSACTIONS ENTERED INTO OR RESULTS PROVIDED BY THE SYSTEM;(iii) ANY OTHER MATTER RELATING TO THE SYSTEM OR THE SERVICES, INCLUDING SYSTEM CONTENT OR CALCULATIONS OR FORMULAE OR ALGORITHMS OR INFORMATION CONTAINED WITHIN THE SERVICES OR (iv) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO FUNCTIONS AND PROCESSES AND INFORMATION AVAILABLE THROUGH THE SYSTEM.
This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware.
ASM reserves the right to modify or update these terms at any time. Notice of changes will be provided to the Agent, and continued use of the Services after any changes constitutes acceptance of those changes.
To access the System you must complete the registration process by providing ASM with current, complete and accurate information as prompted by the registration form, including your e-mail address, and password. ASM will assign you a username. You are responsible for updating and maintaining the accuracy of your account information. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if ASM suspects that your registration information is untrue, inaccurate, or incomplete, then ASM may, in its sole discretion, suspend, terminate, or refuse future access to the System.
You are solely responsible for maintaining the security of your username and password. You may not disclose your username or password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of, or action taken under, your password. If your password is compromised, you must immediately change your password.
ASM authorized personal may log into the System under your username and password to maintain or improve service, including to assist you with technical or billing issues. You hereby acknowledge and consent to such access.
ASM accepts payment via a valid credit or debit card for recurring monthly subscriptions. Monthly subscription fees are charged monthly on the day of the original purchase date for service starting the following month. Monthly service charges will include the monthly fee along with extra statement downloads that exceed 8 carrier statements.
Unless timely terminated by you, you agree that recurring fees will be processed in accordance with this Agreement and you authorize ASM to automatically bill your credit or debit card in accordance with this Agreement for the then-current subscription fees. The prices for renewals may be different than those paid for a prior subscription. ASM shall not be responsible for any expenses you may incur as a result of overdrawing a bank account or exceeding a credit limit as a result of an automatic charge pursuant to this Agreement.
You agree to notify ASM promptly of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to notify ASM promptly if your credit card expires or is canceled for any reason. In the event the credit card information is deemed invalid and another automatic payment option for all recurring charges is not set up prior to the charge date, access to the System may be deactivated.
If your account is suspended for non-payment, it will only be reactivated upon payment, in full of all overdue fees. Your subscription will not be activated or reactivated without prior payment.
ASM does not issue refunds once an order is received. You must notify us of your intent to cancel at least 10 days before the end of your subscription period. Upon cancellation by you, the right to use the System will stop at the end of your paid subscription period. You will have access to your data from our secure cloud server for 30 days to allow retrieval of your commission statements. Your passwords will be deleted from our third-party password protection system within 15 days of cancellation.
ASM may terminate or suspend the Services or your access to the third-party password software and cloud-based storage system at any time and for an y reason without notice. Upon such termination or suspension, your right to use the Services will stop immediately. You will have access to data based on the Cancellation policy listed in item 10.
If your account is canceled in its entirety without cause by ASM, you will receive a refund on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before termination of the Services or your account.
ASM is not responsible for the data that is downloaded from your carrier. ASM is not responsible for, nor does ASM guarantee, the integrity, quality, accuracy, truth, ownership or lawfulness of the data.
All information transmitted or provided to ASM uses SSL (Secure Socket Layer) encryuption. SSL is a proven coding system that lets your browser automatically encrypt or scramble data before you we receive it or you send it to us. ASM also protects account information by placing it in a secure location that is only accessible by appropriate ASM personnel.
Unfortunately, no data transmission over the internet, software system or website is 100% secure. We cannot guarantee that the Services is failsafe or that information is not subject to the interception, alteration, or unauthorized access by third parties. While we take responsible precautions to safeguard the confidentiality of your data, we cannot guarantee the security of the data you provide to ASM or enter into the Services. Furthermore, ASM may disclose your data and information as required by law, rule, regulation or court order.
Users are provided entry into a third-party password protection software system. You are totally responsible for any sensitive information you enter into the third-party software. ASM is not responsible for potentially compromised data entered by you in the third-party password protection software application.
The Services are offered through a secure website only. You may not attempt to access the Services through fraudulent or deceptive means, or the use of account information and passwords not authorized by ASM. You may not attempt to circumvent the username and password requirements or any other security measures in effect for the Services. You may not modify, copy, distribute, transmit display, preform, reproduce, publish, license, or create derivative works from the Services or sell any information, results, products or services obtained through or from the use of the Services.
You agree to indemnify, defend and hold harmless ASM, its contriubors, affilates and suppliers from tan y liability, loss, claim and expense (including reasonable attorneys’ fees) related to your breach of this Agreement or your use of the Services.
The Services may include materials provided by third parties or hyperlinks to websites, logins operated by parties other than ASM or its affiliates. Such third-party software and hyperlinks are provided for your use and reference only. ASM does not control such third-party services or, websites and is not responsible for their performance or content. Inclusion of hyperlinks or apps by ASM to third-party websites does not imply any endorsement of the material on such websites or any association with their operators, and your access and use of such sites, including information, material, products and services therein, solely at your own risk. Furthermore, you should read that site’s privacy policy before disclosing any personal information.
By using ASM’s Services, the Agent agrees to be bound by the terms and conditions set forth in this Agreement.
Last updated: January 1, 2024
If you have any questions or concerns regarding this Agreement, please contact ASM at info@asmsystems.net].
