Terms of Use

1. ACCEPTANCE OF THE TERMS OF USE.

These terms of use (the “Terms of Use”) are entered into by and between you and GTM Insurance Agency LLC (referred to as “GTM”, “us”, “we”, or “our” as the context may require).  The Terms of Use govern your access to and use of www.gtminsuranceagency.com, including any content and functionality offered on or through www.gtminsuranceagency.com (the “Website”), whether as a guest or as a registered user.

Please read these Terms of Use before you start to use the Website.  BY USING THIS WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY these Terms of Use and our Privacy Statement, located at www.gtminsuranceagency.com/privacy, which is expressly incorporated into these Terms of Use by reference.  If you do not agree to abide by these Terms of Use or the Privacy Statement, you must not access or use the Website.

2. CHANGES TO THE TERMS OF USE.

GTM may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when posted by GTM and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. AUTHORIZED USERS.

Users of the GTM Website may include GTM clients, employees of GTM clients, users authorized and appointed to assist GTM clients or employees of GTM clients and any other individual that may access the GTM Website for any purpose (referred to as “you”). You agree that we may collect and use information you provide to GTM to provide services on the Website, and you represent that you are of legal age to form a binding contract and are not a person barred from providing this information or receiving services under the laws of any applicable jurisdiction. If you are accessing the GTM Website on behalf of your employer, you acknowledge and agree that your employer may access the information you provide on the Website and that your employer may restrict your access to the Website at any time. GTM shall not be responsible or liable for any modifications your employer may make to your information or for any restrictions your employer may place on your use of the Website.  If you authorize another individual to assist you in uploading, entering, altering, or accessing your information, you acknowledge and agree that you are responsible and liable for any modifications made by that individual. GTM shall not be responsible or liable for any modifications made by individuals you authorize to upload, enter, alter, or access your information.

4. ACCESSING THE WEBSITE AND ACCOUNT SECURITY.

GTM reserves the right to withdraw or amend this Website, and any material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Statement, located at www.gtm.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your devices while logged in to the Website. You accept responsibility for all activities that occur under your account or from your devices. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information unless your employer is authorized to access such information. If you are accessing the Website on behalf of your employer, you acknowledge and understand that your employer may have access to your account and your account information including your account username, password, or any other piece of information you provide. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, if, in our opinion, you have violated any provision of these Terms of Use or any applicable agreement or Service Request you have with us.

5. INTELLECTUAL PROPERTY RIGHTS.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by GTM, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your Web browser for display enhancement purposes;  and you may print or download one copy or a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your device solely for your use, provided you agree to be bound by our end-user license agreement for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: modify copies of any materials from this Website; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website without the authorization of GTM.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, GTM may immediately terminate your right to use the Website and upon termination, you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by GTM. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks.

GTM’s and all related names, logos, product and service names, designs, and slogans are trademarks of GTM. You must not use such marks without the prior written permission of GTM. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6. USER CONDUCT.

You understand and agree that GTM does not review, audit, or otherwise verify the accuracy of your data. You may be granted access to view and edit your individual employee records by your respective employers or directly through accessing the GTM Website. You are solely responsible for any information uploaded, entered, altered, or accessed on the Website even if such information is uploaded, entered, altered, or accessed on your behalf by someone else. GTM is not responsible for any issues that may arise with respect to the information provided by or otherwise altered by you, GTM clients, employees of GTM clients, or any other individual you authorize to upload information on your behalf. You also understand and acknowledge that you shall not use the GTM Website for any use not authorized herein. You shall not access any information other than your own.

7. PROHIBITED USES.

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate GTM, a GTM employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, device, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

8. RELIANCE ON INFORMATION POSTED.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All content, other than the content provided by the Company, is solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9. CHANGES TO THE WEBSITE.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

10. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE.

All information we collect on this Website is subject to our Privacy Statement located at www.gtminsuranceagency.com/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

11. LINKS FROM THE WEBSITE.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12. LIMITATION ON WARRANTIES.

YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GTM NOR ANY PERSON ASSOCIATED WITH GTM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GTM NOR ANYONE ASSOCIATED WITH GTM REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

GTM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. LIMITATION ON LIABILITY.

IN NO EVENT WILL GTM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless GTM, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content other than as expressly authorized in these Terms of Use.

15. ARBITRATION.

Please read this section carefully.  It affects rights that you may otherwise have.  It provides for resolution of most disputes through arbitration instead of court trials and class actions.  Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited.  Arbitration is final and binding and subject to only very limited review by a court.  This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your use of the Website, and your relationship with us.  Any dispute or claim arising out of or relating to these Terms of Use of the Website and your relationship with GTM or any subsidiary, parent, or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send us a written description of your claim to allow us an opportunity to resolve the dispute.  You and we each agree to negotiate your claim in good faith.  You may request arbitration if your claim or dispute cannot be resolved within 60 days of our receipt of the claim.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use.  The AAA rules and information about arbitration and fees are available online at www.adr.org.  You and we agree that these Terms of Use evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law.  Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location.  The arbitration will be conducted in the English language.  An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would.  Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.  Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action.  If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you.  Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding.  If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

16. GOVERNING LAW AND JURISDICTION AND LIMITATION ON ACTIONS.

All disputes or claims arising out of or related to the Website or these Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of laws provisions.

Any legal suit, action, or proceeding arising out of or related to the Website or these Terms of Use or the Privacy Statement shall be subject to the exclusive jurisdiction of the State and Federal Courts located in Saratoga County, New York.  You expressly waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE PRIVACY STATEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. WAIVER AND SEVERABILITY.

No waiver by GTM of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GTM to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. ENTIRE AGREEMENT.

The Terms of Use and our Privacy Statement constitute the sole and entire agreement between you and GTM with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

19. CONTACTING US.

We value your opinions. If you have comments or questions about the Website, these Terms of Use, or our privacy statement, please send them to [email protected], or write to us at the following address:

GTM Insurance Agency
9 Executive Park Dr.
Clifton Park, NY 12065