Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. THIS DOCUMENT CONSTITUTES A LEGALLY BINDING AGREEMENT.
These Terms & Conditions (“Terms”) govern your access to and use of the website, mobile applications, and online services (collectively, the “Platform”) operated by Akroamatik Financial, LLC, a Florida limited liability company (“Company,” “we,” “us,” or “our”), including any content, functionality, and services offered on or through the Platform. The services offered include, but are not limited to, insurance brokerage services and digital notary services (collectively, the “Services”).
By accessing or using the Platform, creating an account (if applicable), clicking any button or mechanism indicating acceptance (such as “I Agree,” “Accept,” or similar language), or utilizing any of the Services provided, you (“User,” “you,” or “your”) signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Platform or Services.
Your agreement to these Terms is a prerequisite for using the Platform and Services. Requiring an affirmative act of acceptance, such as clicking an “I Agree” button, ensures clarity and enforceability, particularly given the regulated nature of the insurance and notary services offered. This method provides stronger evidence of your consent compared to simply implying agreement through usage alone.
Definitions
For the purposes of these Terms, the following capitalized terms shall have the meanings ascribed to them below:
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the Company.
“Audio-Visual Communication Technology” means technology that enables real-time, two-way communication using electronic means in which participants can see, hear, and communicate with one another, compliant with applicable law, particularly Florida Statutes Chapter 117.
“Company” means Akroamatik Financial, LLC.
“Credential Analysis” means a process or service operating according to Florida Statutes § 117.201 and § 117.295, through which a third party affirms the validity of a government-issued identification credential through review of public or proprietary data sources, by assessing the integrity of visual, physical, or cryptographic security features, or by using information from the issuing source or authoritative source, as available.
“Customer” means a User who utilizes the Platform to seek or obtain Insurance Brokerage Services or Digital Notary Services.
“Digital Notary Services” or “RON Services” means the provision of Remote Online Notarization services performed by a commissioned Florida Online Notary Public via the Platform in compliance with Florida law.
“Electronic Journal” means a secure electronic record of notarial acts performed by an Online Notary Public, maintained in compliance with Florida Statutes § 117.245.
“Insurance Brokerage Services” means the services provided by the Company, acting as a licensed insurance agent or broker, to assist Users in obtaining information about, receiving quotes for, and applying for life insurance, health insurance, annuities, and Medicare insurance products offered by third-party insurance carriers.
“Intellectual Property” means all content, text, images, data, information, software, trademarks, logos, designs, and other material displayed on, incorporated into, or used in connection with the Platform or Services.
“Knowledge-Based Authentication” or “KBA” means an identity proofing method that meets the standards of Florida Statutes § 117.265 and § 117.295, whereby a User is asked a series of questions based on the User’s personal history or records drawn from public or proprietary data sources associated with the User’s identity.
“Nonpublic Personal Information” or “NPI” shall have the meaning ascribed to it under the Gramm-Leach-Bliley Act (GLBA) and its implementing regulations, generally referring to personally identifiable financial information provided by a consumer to a financial institution, resulting from a transaction or service, or otherwise obtained by the financial institution, that is not publicly available.
“Notary” or “Online Notary Public” means an individual commissioned as a notary public by the State of Florida and registered to perform online notarizations pursuant to Florida Statutes Chapter 117.
“Participant” means any individual involved in a RON Service session other than the Principal/Signer or the Notary, such as a witness or observer.
“Platform” means the Company’s website(s), mobile application(s), and other online interfaces through which the Services are offered or accessed.
“Privacy Policy” means the Company’s Privacy Policy, which describes how the Company collects, uses, shares, and protects User information, and which is incorporated by reference into these Terms.
“Protected Health Information” or “PHI” shall have the meaning ascribed to it under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, generally referring to individually identifiable health information transmitted or maintained in any form or medium by a covered entity or its business associate, excluding certain education and employment records.
“Remote Online Notarization” or “RON” means a notarial act performed using Audio-Visual Communication Technology where the signer is not in the physical presence of the Notary, conducted in compliance with Florida Statutes Chapter 117.
“RON Service Provider” means a third-party vendor contracted by the Company or the Notary to provide the technology platform and support services necessary to perform RON Services in compliance with Florida law.
“Services” means, collectively, the Insurance Brokerage Services and the Digital Notary Services offered through the Platform.
“Signer” or “Principal” means a User whose signature is being notarized via the RON Services.
“User” means any person or entity accessing or using the Platform or Services, including Customers, Signers, Participants, and casual visitors.
“User Content” means any information, data, text, documents, or other materials uploaded, submitted, or transmitted by a User to or through the Platform, excluding information automatically collected by the Platform.
Description of Services
The Company provides the following Services through the Platform:
Insurance Brokerage Services: The Platform facilitates User access to information regarding life insurance, health insurance, annuities, and Medicare insurance products offered by various third-party insurance carriers. The Company, acting as a licensed insurance agent/broker, assists Users in obtaining quotes for these products and submitting applications to the relevant insurance carriers through the Platform. The specific products and carriers available may vary based on state licensing and carrier agreements.
Digital Notary Services (RON): The Platform facilitates the provision of Remote Online Notarization services for electronic documents. These services are performed by commissioned Florida Online Notaries Public utilizing Audio-Visual Communication Technology, allowing notarizations to occur when the Signer and Notary are in different physical locations. All RON Services are conducted in compliance with Florida law. The Company may utilize or connect Users with third-party RON Service Providers to deliver the underlying technology for these services.
Insurance Brokerage Services Terms
The following terms apply specifically to your use of the Insurance Brokerage Services:
3.1. Nature of Information and Advice Disclaimer: The information, tools, quotes, and materials provided through the Platform regarding insurance products are intended for general informational and educational purposes only. Such information constitutes a general description of potential coverages and does not constitute comprehensive financial, investment, legal, tax, or insurance advice tailored to your specific situation, unless expressly stated otherwise in a separate written agreement signed by an authorized representative of the Company. Any recommendations provided are based solely on the information you provide and potentially third-party data sources, and are limited to the insurance products and coverages offered by the Company through its appointed carriers. You acknowledge that such recommendations may omit coverages necessary or advisable for your circumstances and may differ from advice received from other advisors. You should consult with your own independent financial, legal, tax, and insurance advisors to determine the suitability of any product for your needs before making any decisions. We do not endorse or recommend specific carriers beyond making their products available.
3.2. Agent/Broker Role and Compensation: You understand and agree that Akroamatik Financial, LLC acts as an independent insurance agent or broker. In this capacity, the Company represents the insurance carriers whose products are offered on the Platform, not you, the User or applicant. The Company owes duties to the insurance carriers it represents. The Company may receive commissions or other compensation from these insurance carriers for the placement of insurance policies. Further information regarding compensation may be available upon request, where required by law.
3.3. No Guarantee of Coverage or Policy Issuance: Submission of an application or request for insurance through the Platform does not guarantee that an insurance policy will be issued or that coverage will be bound. All insurance applications are subject to the underwriting standards, review, and approval of the respective third-party insurance carrier. The insurance carrier has the sole discretion to accept or reject any application and to determine the final premium rates, terms, and conditions of any policy issued. Coverage is effective only as stated in the issued policy documents.
3.4. State Licensing and Availability Limitations: Insurance products and services described on the Platform are available only in those states and jurisdictions where Akroamatik Financial, LLC and its individual agents are validly licensed and appointed by the relevant insurance carriers, as required by law. Not all products or services may be available in all states. Any offer or solicitation for insurance products or services made through this Platform is void where prohibited by law. You are responsible for ensuring that accessing the Services is legal in your jurisdiction.
3.5. User Responsibility for Information Accuracy: You represent and warrant that all information you provide to the Company through the Platform, including information submitted for obtaining quotes, completing applications, or managing your account, is true, accurate, current, and complete. You agree to promptly update any information that changes. You understand that the accuracy and completeness of the information you provide directly impacts the accuracy of insurance quotes and the eligibility for, and potential validity of, any insurance coverage obtained. Misrepresentations or omissions may lead to inaccurate quotes, denial of coverage, or rescission of an issued policy by the insurance carrier.
3.6. Consent to Obtain and Use Information: By requesting quotes or submitting an application for insurance, you expressly consent to the Company collecting, using, and disclosing your personal information, including NPI and potentially PHI (as applicable and further detailed in the Privacy Policy), as necessary to provide the requested Insurance Brokerage Services. This may include obtaining information from you directly, from insurance carriers, and from third-party sources such as consumer reporting agencies (including credit reports, where permitted by law), the MIB, Inc., state motor vehicle departments, claims databases, and other relevant sources, consistent with applicable law and the disclosures in our Privacy Policy. You authorize the Company to share your information with insurance carriers and other necessary third parties for the purposes of obtaining quotes, underwriting, processing your application, and servicing any resulting policy. Please review our Privacy Policy for detailed information on our data collection, use, and sharing practices.
Digital Notary Services (RON) Terms
The following terms apply specifically to your use of the Digital Notary Services (RON Services):
4.1. Eligibility: To use the RON Services as a Signer or Participant, you must be at least eighteen (18) years of age and possess the legal capacity to execute the electronic document(s) being notarized. By requesting or participating in RON Services, you represent and warrant that you meet these requirements. Use of the RON Services by individuals under 18 is prohibited.
4.2. Compliance with Florida Law: All RON Services provided through the Platform are intended to be performed by a Florida-commissioned Online Notary Public in strict compliance with Chapter 117, Florida Statutes (specifically §§ 117.201 through 117.305, the “Florida RON Act”) and Chapter 1N-7, Florida Administrative Code. You agree to cooperate fully with the Notary and the Platform to ensure compliance with all applicable Florida legal requirements during the RON session.
4.3. Identity Verification Process and Consent: You understand and agree that verifying the identity of each Signer is a critical legal requirement for RON under Florida law. By requesting or participating in RON Services, you expressly consent to undergo the identity verification process mandated by the Florida RON Act, which includes the following steps:
(a) Remote Presentation of Identification: You agree to present a current, valid, government-issued identification credential bearing your photographic image and signature (e.g., driver’s license, passport) to the Notary via the Audio-Visual Communication Technology during the RON session.
(b) Credential Analysis: You consent to the identification credential you present being subjected to Credential Analysis. This analysis, typically performed by a third-party technology provider integrated with the Platform, involves automated processes to check the security features and information on the credential against public and proprietary databases to affirm its validity and detect signs of alteration or fraud. The results of this analysis will be provided to the Notary.
(c) Identity Proofing (KBA): You consent to undergo dynamic Knowledge-Based Authentication (KBA). This process involves answering a series of questions about your personal history and background, generated from third-party data sources associated with your identity (which may include NPI). You must answer these questions within a specific time limit (typically two minutes) and achieve a minimum passing score (typically 80%) as required by Florida law (FS § 117.265, § 117.295). You may be permitted one additional attempt if the first attempt fails.
(d) Consent to Use of Third-Party Verification Services: You acknowledge that the Company and its Notaries rely on third-party services for Credential Analysis and KBA. You consent to the transmission of your identification information and personal data to these third-party providers solely for the purpose of identity verification as required for the RON Service.
(e) No Guarantee of Verification: Successful identity verification through these methods is not guaranteed. Failure to pass Credential Analysis or KBA, or the unavailability of sufficient data for the KBA process, will prevent the Notary from proceeding with the notarization, as required by Florida law. The Company and the Notary disclaim any liability for the inability to complete a notarization due to identity verification failure. Furthermore, the Company disclaims liability for any inaccuracies in the verification results arising from errors in third-party data or technology.
4.4. Audio-Visual Recording Consent and Procedures:
(a) Consent to Recording: YOU EXPRESSLY ACKNOWLEDGE AND CONSENT TO THE ENTIRE RON SESSION BEING RECORDED VIA AUDIO-VISUAL COMMUNICATION TECHNOLOGY. This recording is a mandatory requirement under Florida law (FS § 117.245). If you do not consent to being recorded, you cannot use the RON Services.
(b) Consent for Other Participants: If you invite or require other individuals (e.g., witnesses) to participate in the RON session, you represent and warrant that you have obtained their explicit consent to participate and be recorded as part of the session.
(c) Recording Content: You understand that the audio-visual recording will capture, at a minimum: your appearance and the appearance of all other Participants before the Notary; the steps taken to confirm your identity and the identity of any witnesses; the Notary’s description or identification of the electronic document(s) being signed; a declaration by you (the Signer) stating that your signature is being made knowingly and voluntarily; and all actions and spoken words of all individuals present during the entire notarization process, including the act of signing. The Notary will also make an opening statement identifying the notarial act.
(d) Recording Retention and Storage: You acknowledge that an uninterrupted and unedited copy of this audio-visual recording will be securely stored, typically by the third-party RON Service Provider or a designated secure repository, for a minimum period of ten (10) years from the date of the notarization, as mandated by Florida law (FS § 117.245). Specific details regarding storage are outlined in our Privacy Policy.
(e) Access to Recording: Access to the recording will be provided only as permitted or required by Florida law (FS § 117.255) and as detailed in our Privacy Policy. This may include access by you, the Notary, other parties to the notarized record, title agents involved in related real estate transactions, the Florida Department of State for investigative purposes, or pursuant to a court order or subpoena.
4.5. Electronic Journal: You acknowledge that the Online Notary Public performing the RON Service is required by Florida law (FS § 117.245) to maintain a secure electronic journal detailing each online notarization. This journal entry will include information such as the date and time, type of notarial act, description of the electronic record, your name and address, the evidence used to identify you, and any fee charged. This electronic journal will also be retained securely for at least ten (10) years. Access to journal entries is governed by Florida law (FS § 117.255) and our Privacy Policy.
4.6. Technology Requirements and Reliance on Third Parties:
(a) User System Requirements: To use the RON Services, you must have a compatible computer or mobile device with a working camera (webcam) and microphone, a reliable internet connection, and potentially specific software or browser capabilities as specified by the Platform or the RON Service Provider. You are solely responsible for obtaining, configuring, and maintaining the necessary equipment, software, and internet connectivity.
(b) Reliance on RON Service Providers: You acknowledge that the Company utilizes or connects you with third-party RON Service Providers to supply the core technology platform (including Audio-Visual Communication Technology, Credential Analysis tools, KBA systems, electronic signature capabilities, and secure storage for recordings and journals) necessary for the RON Services.
(c) Disclaimer Regarding Third-Party Technology: While the Company selects RON Service Providers required to comply with Florida law, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY FOR THE PERFORMANCE, AVAILABILITY, SECURITY, ACCURACY, OR FUNCTIONALITY OF THE TECHNOLOGY AND SERVICES PROVIDED BY THIRD-PARTY RON SERVICE PROVIDERS. This includes, but is not limited to, failures in the audio-visual connection, errors in Credential Analysis or KBA, issues with electronic signature application, or breaches of the third-party provider’s data storage systems. Your use of the RON Services is subject to any terms and conditions imposed by the applicable RON Service Provider, in addition to these Terms.
4.7. Limitations of Notary’s Role: You understand and agree that the Online Notary Public performing the RON Service is not an attorney licensed to practice law in Florida (unless separately stated and engaged as such) and is prohibited from providing legal advice. The Notary cannot advise you on the legality, validity, or enforceability of the document being notarized, assist you in completing the document, or interpret its contents. The Notary’s sole functions are to: (i) positively identify the Signer(s) and any required witnesses in accordance with Florida law; (ii) administer any required oath or affirmation; (iii) witness the Signer’s electronic signature on the electronic document; and (iv) complete the electronic notarial certificate accurately. You are solely responsible for understanding the content and consequences of the document you are signing and notarizing.
4.8. Fees for RON Services: Fees for RON Services will be disclosed to you prior to the commencement of the RON session. The fee for each online notarial act performed by a Florida Online Notary Public shall not exceed the maximum amount permitted by Florida law, which is currently $25 per notarization (FS § 117.275). Additional fees may apply for services such as providing witnesses arranged by the platform or for accessing copies of the recording or journal entry where permitted by law and these Terms. Payment terms, including accepted methods and timing, will be specified during the transaction process. All fees are non-refundable once the RON service has commenced, unless otherwise required by law.
User Accounts
5.1. Account Creation: To access certain features of the Platform or utilize specific Services, you may be required to register for an account. When creating an account, you agree to provide information that is accurate, current, and complete, and to maintain and promptly update your account information as necessary. The Company reserves the right, in its sole discretion, to refuse registration of or cancel an account for any reason, including if the information provided is found to be inaccurate, incomplete, or misleading, or if you violate these Terms.
5.2. Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You must notify the Company immediately of any suspected or actual unauthorized use of your account credentials or any other breach of security. The Company is not liable for any loss or damage arising from your failure to comply with these security obligations.
5.3. Account Termination: The Company reserves the right to suspend or terminate your account and your access to the Platform and Services, with or without notice, for any reason or no reason, including, but not limited to, if the Company believes, in its sole discretion, that you have violated these Terms, engaged in illegal or fraudulent activity, failed to pay applicable fees, allowed your account to become inactive for an extended period, or if your conduct is harmful to the Company, the Platform, or other Users.
User Obligations and Prohibited Conduct
6.1. Lawful and Permitted Use: You agree to access and use the Platform and Services only for lawful purposes and in strict accordance with these Terms, applicable laws, and regulations.1
6.2. Accurate Information: You agree to provide truthful, accurate, current, and complete information whenever information is requested by the Platform or Company personnel, including during account registration, insurance quoting and application processes, and the RON identity verification process.
6.3. Prohibited Activities: You agree not to engage in, attempt to engage in, or encourage or assist others to engage in any of the following prohibited activities:
Using the Platform or Services for any illegal, fraudulent, misleading, or unauthorized purpose.
Submitting false, inaccurate, or misleading information during insurance applications, RON identity verification (including presenting false or altered identification documents), or any other interaction with the Platform.
Using the RON Services to notarize documents known or suspected to be part of an illegal or fraudulent scheme.
Harassing, abusing, threatening, defaming, stalking, or violating the legal rights (such as rights of privacy and publicity) of others, including Company personnel, Notaries, or other Users.
Posting, transmitting, or disseminating any unlawful, infringing, defamatory, obscene, indecent, pornographic, profane, threatening, or otherwise objectionable material.
Infringing upon or violating the Intellectual Property rights of the Company or any third party, including copying, distributing, modifying, selling, or transferring Platform content without authorization.
Uploading, transmitting, or distributing viruses, worms, Trojan horses, time bombs, cancelbots, corrupted files, malware, spyware, or any other similar harmful software or code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
Interfering with or disrupting the operation of the Platform, Services, servers, or networks connected thereto, including through denial-of-service attacks, mail bombing, or flooding.
Attempting to gain unauthorized access to the Platform, other User accounts, computer systems, or networks connected to the Platform, through hacking, password mining, or any other means.
Probing, scanning, or testing the vulnerability of the Platform or any network connected to the Platform, or breaching the security or authentication measures.
Using any robot, spider, scraper, data mining tool, or other automated means to access the Platform or extract data without the Company’s prior written permission.
Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying structure, ideas, or algorithms of the Platform or Services.
Using the Platform or Services if you are under the age of 18 or otherwise lack the legal capacity to enter into binding contracts.
Using the Platform or Services for any commercial purpose not expressly permitted by these Terms, including reselling or sublicensing the Services.
Framing or mirroring any part of the Platform without the Company’s prior written authorization.
6.4. User Content: If the Platform allows you to submit, upload, post, or otherwise make available content (“User Content”), you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Platform and Services. You represent and warrant that you own or control all rights necessary to grant this license and that your User Content does not violate these Terms or infringe upon the rights of any third party. You are solely responsible for your User Content and the consequences of posting or publishing it. The Company reserves the right, but has no obligation, to monitor, screen, edit, or remove any User Content at its sole discretion. You agree not to submit User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
Intellectual Property Rights
7.1. Ownership: You acknowledge and agree that the Platform, the Services, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors (including other Users who post User Content). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights.
7.2. Limited License: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Platform and Services solely for your personal, non-commercial use (or internal business use, if applicable) as intended through the provided functionality and permitted by these Terms.
7.3. Restrictions: You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content or Intellectual Property without the express prior written consent of the Company or the relevant rights holder. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform or Company Content.
Privacy and Data Security
8.1. Commitment to Privacy: The Company is committed to protecting the privacy and security of your personal information.
8.2. Privacy Policy: The collection, use, disclosure, retention, and protection of your personal information, including Nonpublic Personal Information (NPI) gathered in connection with Insurance Brokerage Services and personal data collected during Digital Notary Services, are governed by our separate Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and forms an integral part of this agreement. Please review the Privacy Policy carefully to understand our practices.
8.3. Compliance Framework: The Company endeavors to handle your information in compliance with applicable federal and state data privacy and security laws, including the Gramm-Leach-Bliley Act (GLBA) as applicable to financial institutions (which may include insurance agents), the Florida Information Protection Act (FIPA) regarding data breach notification and security measures, and Florida’s specific requirements for RON data handling under Chapter 117, Florida Statutes. If the Company acts as a “business associate” under the Health Insurance Portability and Accountability Act (HIPAA) for certain services involving Protected Health Information (PHI), it will comply with applicable HIPAA requirements as detailed in the Privacy Policy and any relevant Business Associate Agreement.
8.4. Consent to Data Processing: By accessing the Platform, using the Services, and agreeing to these Terms, you consent to the collection, use, processing, storage, and sharing of your information as described in these Terms and, more comprehensively, in our Privacy Policy. This includes, specifically:
Your consent for the Company to collect and share necessary NPI with insurance carriers and other third parties to provide Insurance Brokerage Services (quotes, applications).
Your explicit consent to the collection and processing of personal data, including government-issued ID information and data used for KBA, as part of the mandatory identity verification process for RON Services.
Your explicit consent to the audio-visual recording of RON sessions and the long-term retention of such recordings and associated electronic journal entries as required by Florida law.
8.5. Security Measures: The Company implements and maintains reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of your personal information, consistent with applicable legal requirements such as the GLBA Safeguards Rule and Florida law. These measures aim to protect against unauthorized access, use, disclosure, alteration, or destruction of your information. We require third-party RON Service Providers to maintain security measures compliant with Florida law. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
8.6. RON Data Handling: You specifically acknowledge the sensitive nature of data generated during RON Services, including the audio-visual recordings and electronic journal entries. You understand and agree that this data will be retained securely for a minimum of ten (10) years, as required by Florida law, and handled in accordance with the procedures outlined in our Privacy Policy and applicable statutes.
Disclaimers of Warranties
THE PLATFORM AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE PLATFORM.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE PLATFORM OR ANY WEBSITES LINKED TO THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE PLATFORM OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE PLATFORM OR ANY OTHER WEBSITE.
SPECIFICALLY REGARDING SERVICES:
(Insurance Brokerage): THE COMPANY DOES NOT GUARANTEE THAT ANY QUOTES PROVIDED ARE THE LOWEST AVAILABLE RATES, NOR DOES IT GUARANTEE THAT SUBMITTING AN APPLICATION WILL RESULT IN THE ISSUANCE OF AN INSURANCE POLICY. POLICY ISSUANCE IS AT THE SOLE DISCRETION OF THE INSURANCE CARRIER BASED ON ITS UNDERWRITING GUIDELINES.
(Digital Notary): THE COMPANY DOES NOT GUARANTEE THAT IDENTITY VERIFICATION WILL BE SUCCESSFUL OR THAT A NOTARIZATION CAN BE COMPLETED IN ALL CIRCUMSTANCES. THE COMPANY DOES NOT WARRANT THE LEGALITY OR VALIDITY OF THE DOCUMENT BEING NOTARIZED.
YOU ACKNOWLEDGE THAT YOU ARE USING THE PLATFORM AND SERVICES AT YOUR OWN RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:
(a) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES;
(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM OR OBTAINED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (SUCH AS INSURANCE CARRIERS, RON SERVICE PROVIDERS, IDENTITY VERIFICATION PROVIDERS);
(c) ANY CONTENT OR INFORMATION OBTAINED FROM OR THROUGH THE PLATFORM, INCLUDING ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, ACCOUNT, OR CONTENT;
(e) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM OR SERVICES;
(f) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; OR
(g) ANY OTHER MATTER RELATING TO THE PLATFORM OR SERVICES.
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO THE COMPANY FOR ACCESS TO OR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Akroamatik Financial, LLC, its Affiliates, and their respective officers, directors, employees, agents, licensors, and service providers (the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
(a) Your access to or use of the Platform or Services;
(b) Your breach or violation of any provision of these Terms or the incorporated Privacy Policy;
(c) Your violation of any applicable law, rule, or regulation;
(d) Your violation of any right of any third party, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
(e) Any User Content you submit, post, transmit, or otherwise make available through the Platform;
(f) Any dispute or issue between you and any third party, including but not limited to insurance carriers, other Users, Participants in a RON session, or third-party service providers; or
(g) Any misrepresentation made by you, including the provision of false or inaccurate information during account registration, insurance application, or RON identity verification.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. You agree not to settle any matter without the prior written consent of the Company.
Third-Party Links and Services
The Platform may contain links to websites, applications, resources, or services owned or operated by third parties (e.g., insurance carriers, payment processors, RON Service Providers, government agencies) that are not owned, controlled, or affiliated with the Company. These links are provided solely for your convenience.
The Company does not endorse, sponsor, recommend, or otherwise accept responsibility for any such third-party sites, services, or content. Your access to and use of any third-party site or service is solely at your own risk and is subject to the terms and conditions, privacy policies, and practices of such third parties, not these Terms. The Company expressly disclaims any liability arising from your use of any third-party website, service, or content. You should review the applicable terms and policies of any third party before interacting with them.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Florida.
Unless resolved by arbitration as set forth in Section 14, any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution
14.1. Informal Resolution: We encourage you to contact us first at [email protected] to seek a resolution of any dispute or claim. Most User concerns can be resolved quickly and to the User’s satisfaction by contacting our customer support. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
14.2. Binding Arbitration: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT OR DISPUTES RELATED TO THE INFRINGEMENT OR ENFORCEMENT OF THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, THE PLATFORM, THE SERVICES, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN, FLORIDA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS CONSUMER ARBITRATION RULES (OR COMMERCIAL ARBITRATION RULES, IF APPLICABLE), AS MODIFIED BY THIS AGREEMENT. THE AAA RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
14.3. Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, OR CLASS-WIDE ARBITRATION. FURTHER, UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
14.4. Opt-Out: You may opt out of this agreement to arbitrate. If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding. To opt out, you must notify the Company in writing within thirty (30) days of the date that you first become subject to this arbitration provision. Your written notice must be sent to [email protected] and must include your name, address, and a clear statement that you want to opt out of this arbitration agreement.
14.5. Fees: If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Regardless of who initiates arbitration, the Company will pay all other arbitration fees, including your share of the arbitrator’s compensation, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Termination
15.1. Termination by You: You may terminate this agreement at any time by ceasing all use of the Platform and Services and closing your account, if applicable.
15.2. Termination by the Company: The Company may, in its sole discretion, suspend, restrict, or terminate your access to or use of the Platform and Services, including your account, at any time, for any reason or no reason, with or without prior notice, including but not limited to if the Company believes you have violated or acted inconsistently with the letter or spirit of these Terms. Reasons for termination may include, but are not limited to, engaging in prohibited conduct, failure to pay applicable fees, providing false information, extended periods of inactivity, or actions that are harmful to the Company or other Users.
15.3. Effect of Termination: Upon termination of your account or access, your right to use the Platform and Services will immediately cease. The Company will have no liability whatsoever to you for any suspension or termination. Termination shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company.
15.4. Survival: The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 7), privacy and data security provisions concerning retained data (Section 8, particularly RON data retention), warranty disclaimers (Section 9), limitations of liability (Section 10), indemnification (Section 11), governing law and jurisdiction (Section 13), dispute resolution (Section 14), and miscellaneous provisions (Section 17).
Modification of Terms
The Company reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time. If we make material changes to these Terms, we will provide notice of such changes, such as by posting the revised Terms on the Platform, updating the “Effective Date” at the top of these Terms, sending an email notification to registered Users, or employing other reasonable means.
Any changes will be effective immediately upon posting the revised Terms unless otherwise specified. Your continued access to or use of the Platform or Services after such modifications have been posted constitutes your acceptance of and agreement to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and Services. It is your responsibility to review these Terms periodically for changes.
Miscellaneous
17.1. Severability: If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, it shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.
17.2. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or agreements published by the Company on the Platform (e.g., specific consents obtained during service use), constitute the entire agreement between you and the Company concerning your use of the Platform and Services. They supersede all prior or contemporaneous communications, proposals, agreements, or understandings, whether electronic, oral, or written, between you and the Company with respect to the subject matter hereof.
17.3. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.
17.4. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations under these Terms, in whole or in part, to any third party at its sole discretion without restriction or notice to you.
17.5. Notices: Except as otherwise specified in these Terms, all notices, permissions, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email is not returned as undeliverable). Notices to the Company must be sent to the address provided below. Notices to you may be sent to the email address or physical address associated with your account or provided during service use.
17.6. Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
17.7. Contact Information: If you have any questions about these Terms & Conditions, please contact Akroamatik Financial, LLC at:
Akroamatik Financial, LLC
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