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Understanding your rights and responsibilities as an ASF user

Privacy Reminder

 Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.

Terms of Use

This page states the Terms of Use (“Terms”) under which you (“You”) may use the ASF Sites and the Services (each as defined below).

These Terms constitute a binding agreement between You and Agency Solutions for Florida, Inc. (“ASF”), and are deemed accepted by You each time that You use or access any ASF Site or ASF Services. If You do not accept the Terms stated here, do not use the ASF Sites and the ASF Services.

The ASF Sites are defined as any Web sites under ASF’s control, whether partial or otherwise (including, without limitation, www.AgencySolutionsForFlorida.com) and include the ASF Services. The ASF Services are defined as the applications and services offered by ASF, including an employment placement services and insurance lead networking services, and including any other ASF application accessed through any other platform and/or any mobile or other interface that allows You to access such application (collectively, “ASF Services”). The ASF Sites also allow Users to create individual profiles, which may include personal information (”Profiles”).  In addition, ASF may collect information about You from publicly-available websites and private organizations and may use this information to create a Profile or append it to an existing Profile.

ASF may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. Users who violate these Terms may have their access and use of the ASF Sites and /or ASF services suspended or terminated, at ASF’s discretion.

You may only use the ASF Content or Profiles for purposes related use of ASF Services.

  1. Use of ASF Content.

ASF authorizes You, subject to these Terms, to access and use the ASF Sites and the ASF Content (as defined below). The contents of the ASF Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other ASF content (collectively, “ASF Content”), are protected under copyright, trademark and other laws. All ASF Content is the property of ASF or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the ASF Sites is the exclusive property of ASF and is protected by copyright, trademark, and other laws. Unauthorized use of the ASF Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited.

Any code that ASF creates to generate or display any ASF Content or the pages making up any ASF Site is also protected by ASF’s copyright and You may not copy or adapt such code.

You agree not to sell or modify the ASF Content or reproduce, display, publicly perform, distribute, or otherwise use the ASF Content in any way for any public or commercial purpose, in connection with products or services that are not those of the ASF Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits ASF or its licensors, that dilutes the strength of ASF’s or its licensor’s property, or that otherwise infringes ASF’s or its licensor’s intellectual property rights. You further agree to in no other way misuse ASF Content. The use of the ASF Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that ASF creates to generate or display any ASF Content or the pages making up any Application or Service is also protected by ASF’s copyright and you may not copy or adapt such code.

  1. Use of the ASF Services.

The Profile creation and other features of the ASF Sites may be used only by individuals seeking employment, employers seeking employees, individuals submitting insurance leads, or insurance agents or agencies seeking insurance leads. Your use of the ASF Services is also subject to any other contracts You may have with ASF. In the case of any conflict between these Terms and any contract you have with ASF, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a ASF Site.

You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your ASF Site registrations and passwords, whether or not authorized by You. You agree to immediately notify ASF of any unauthorized use of Your account, Profile, or passwords.

All ASF Users agree not to:

  1. transmit, post, distribute, store or destroy material, including without limitation ASF Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of ASF’s privacy policy;
  2. take any action that imposes an unreasonable or disproportionately large load on any ASF Site’s infrastructure;
  3. use any device to navigate or search any ASF Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by ASF;
  4. use any data mining, robots or similar data gathering or extraction methods;
  5. violate or attempt to violate the security of any ASF Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  6. forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  7. reverse engineer or decompile any parts of any ASF Site;
  8. aggregate, copy or duplicate in any manner any of the ASF Content or information available from any ASF Site other than as permitted by these Terms;
  9. post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
  10. post any resume or Profile or apply for any job on behalf of another party;
  11. share with a third party any login credentials to any ASF Site;
  12. access data not intended for You or logging into a server or account which You are not authorized to access;
  13. post or submit to any ASF Site any incomplete, false or inaccurate biographical information or information which is not Your own;
  14. post content that contains restricted or password-only access pages, or hidden pages or images;
  15. solicit passwords or personally identifiable information from other Users;
  16. delete or alter any material posted by any other person or entity;
  17. harass, incite harassment or advocate harassment of any group, company, or individual;
  18. send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
  19. attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any ASF Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
  20. promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
  21. use the ASF Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by ASF’s discretion.

Violations of system or network security may result in civil and/or criminal liability. ASF will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

If at any time during Your use of the ASF Services, You made a misrepresentation of fact to ASF or otherwise misled ASF in regards to the nature of Your business activities, ASF will have grounds to terminate Your use of the ASF Services.

  1. Additional terms applicable to Job Seekers.

When You register with any ASF Site, You will be asked to create an account and provide ASF with certain information including, without limitation, a valid email address (Your “Information”). Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed accurately with no extraneous information. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the ASF Sites.

ASF reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by ASF or by third parties.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your ASF account or Your ASF account is terminated, all Your account information from ASF will be marked as deleted in and may be deleted from ASF’s databases.  ASF reserves the right to keep backup copies of your deleted account information and to use your account information for any purpose, however, You will no longer have access to your account information once the account has been canceled or terminated. In addition, third parties may retain saved copies of Your Information.

ASF reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

  1. Additional Terms Applicable to Insurance Agents and Agencies seeking Leads

In order to be eligible to participate in AFS insurance lead referral service You must independently execute the applicable Burrowes Insurance Agency, Inc. Agent Of Record Commission Sharing Agreement.  ASF’s service is free to You and only serves to provide contact information to connect you with Burrowes Insurance Agency, Inc. for such a transaction.  ASF makes no warranty, express or implied, including, without limitation, any implied conditions or warranties or merchantability or fitness for a particular use or purpose, any implied warranty arising from trade usage, course of dealing or course of performance, and of any other warranty or obligation with respect to the lead referral service and all such other warranties are hereby disclaimed.

  1. User Content and Submissions.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a ASF Site (“User Content”) is the sole responsibility of the person from which such User Content originated. ASF claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through ASF and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through ASF, you grant ASF a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through ASF. In addition, by submitting, posting or displaying User Content, you grant ASF a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting ASF and its services. ASF reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any ASF Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any ASF Site retains any and all rights that may exist in such User Content. ASF may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any ASF Site. ASF reserves the right to expel Users and prevent their further access to the ASF Sites and/or use of ASF Services for violating the Terms or applicable laws, rules or regulations. ASF may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for ASF, damage ASF’s brand or public image, or cause ASF to lose Users or (in whole or in part) the services of its ISPs or other suppliers. ASF does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does ASF endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.

The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.

 

Content that:

  1. is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  2. harasses, incites harassment or advocates harassment of any group or individual; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
  3. promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  4. promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  5. contains restricted or password only access pages, or hidden pages or images;
  6. displays or links to pornographic, indecent or sexually explicit material of any kind;
  7. provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
  8. provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
  9. solicits passwords or personal identifying information from other Users.

Any Profile You submit must describe You, an individual person.

  1. Intellectual Property Rights Of Others.

As a condition to Your use of the ASF Sites, You agree not to use any ASF Site to infringe the intellectual property rights of others in any way. ASF reserves the right to terminate the accounts of any Users, and block access to the ASF Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. ASF reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact ASF.

  1. ASF’s Liability.

The ASF Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities (iii) individuals to post insurance leads and (iv) insurance agents and agencies to receive information regarding the receipt of insurance leads. ASF does not screen or censor the listings, including Profiles offered. As a result, ASF is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and ASF makes no representations about any jobs, resumes or User Content on the ASF Sites. While ASF reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the ASF Sites from time to time, ASF does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the ASF Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the ASF Sites. Because User authentication on the Internet is difficult, ASF cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any ASF Site, in the event that You have a dispute with one or more Users, You release ASF (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The ASF Sites and the ASF Content may contain inaccuracies or typographical errors. ASF makes no representations about the accuracy, reliability, completeness, or timeliness of any ASF Site or the ASF Content. The use of all ASF Sites and the ASF Content is at Your own risk. Changes are periodically made to ASF Sites and may be made at any time. ASF cannot guarantee and does not promise any specific results from use of any ASF Site. No advice or information, whether oral or written, obtained by a User from ASF or through or from any ASF Site shall create any warranty not expressly stated herein.

ASF encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall ASF be liable for the deletion, loss, or unauthorized modification of any User Content.

ASF does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any ASF Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

If You believe that something on the Site violates these Terms please contact us.  If notified of any content or other materials which allegedly do not conform to these Terms, ASF may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. ASF has no liability or responsibility to Users for performance or nonperformance of such activities.

  1. Disclaimer of Warranty.

TO THE FULLEST EXTENT POSSIBLE BY LAW, ASF DOES NOT WARRANT THAT ANY ASF SITE OR ANY ASF SERVICES WILL OPERATE ERROR-FREE OR THAT ANY ASF SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY ASF SITE OR THE ASF CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, ASF IS NOT RESPONSIBLE FOR THOSE COSTS. THE ASF SITES AND ASF CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ASF, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ASF MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ASF CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

  1. Disclaimer of Consequential Damages.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL ASF, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY ASF SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY ASF SITE AND THE ASF CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Links to Other Sites.

The ASF Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by ASF of the contents on such third-party Web sites. ASF is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.

  1. No Resale or Unauthorized Commercial Use.

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any ASF Site.

  1. Indemnity.

You agree to defend, indemnify, and hold harmless ASF, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any ASF Site, (ii) Your use of any ASF Content, or (iii) Your breach of these Terms. ASF shall provide notice to You promptly of any such claim, suit, or proceeding.

  1. General.

ASF makes no claims or representations that the ASF Content may be lawfully viewed or accessed outside of the United States. Access to the ASF Content may not be legal by certain persons or in certain countries. If You access any ASF Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any ASF Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.

These Terms are governed by the internal substantive laws of the state of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within West Palm Beach, Florida. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, ASF’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect ASF’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the ASF Sites, a particular “Legal Notice,” or software license or material on particular pages on the ASF Sites, these Terms constitute the entire agreement between You and ASF with respect to the use of the ASF Sites. No changes to these Terms shall be made except by a revised posting on this page.

  1. Additional Terms.

Certain areas of the ASF Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.

  1. Mobile Services.

If You use the ASF Sites through a mobile device, You agree that information about Your use of the ASF Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the ASF Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the ASF Sites using a mobile device, You represent that to the extent You import any of Your ASF data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your ASF account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the ASF Sites through Your mobile access provider.

By using any downloadable application to enable Your use of the ASF Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.

  1. Term and Termination.

These Terms will remain in full force and effect while You are a User of any ASF Site. ASF reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the ASF Sites and immediate termination of Your registration with or ability to access the ASF Sites and/or any other services provided to You by ASF, upon any breach by You of these Terms or if ASF is unable to verify or authenticate any information You submit to a ASF Site registration..