UPDATED: June 2022
We may make changes to these Eversurance Financial Advisor Terms from time to time. If we make changes, we will provide you with notice of such changes such as by providing a notice through our services or updating the date at the top of these Eversurance Financial Advisor Terms. Unless we say otherwise in our notice, the amended Eversurance Financial Advisor Terms will be effective immediately, and Advisor’s continued use of the Services (including the Eversurance Financial Advisor platform) following any such change, modification or amendment to these Eversurance Financial Advisor Terms will constitute Advisor’s acceptance thereof. If you do not agree to the amended Eversurance Financial Advisor Terms, you must stop using our Services.
These Eversurance Financial Advisor Terms are independent from the Eversurance Terms and Conditions of Use (“Terms and Conditions of Use”) and form a separate agreement between you and us. If you use or access Eversurance.com, an Eversurance mobile application, any of our other services or other websites on which those Terms and Conditions of Use reside, you will be bound by the Terms and Conditions of Use.
You represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into these Eversurance Financial Advisor Terms and in doing so will not violate any other agreement to which you are a party. If you are using the Services on behalf of an entity, (a) you represent and warrant that you are authorized to bind such entity to these Eversurance Financial Advisor Terms, (b) such entity agrees to be responsible for you and any other person that accesses the Services on its behalf, including for all of Advisor’s users’ compliance with these Eversurance Financial Advisor Terms, and (c) wherever used in these Eversurance Financial Advisor Terms, “you”, “your”, “Advisor”, or similar terms means the person or legal entity accessing or using the Services.
Through the Services, you can sign up for an account (“Account”) that will allow you to provide information to Eversurance about your Clients so that Eversurance can produce Estimates for those Clients. By signing up for an Account, you consent by electronic signature to being contacted by Eversurance, including by automatic telephone dialing system and/or an artificial or prerecorded voice (including SMS and MMS - charges may apply), regarding Eversurance Financial Advisor, even if your phone number is listed on a Do Not Call Registry. You also understand that your agreement to be contacted is not a condition of purchasing any goods or services.
You represent and warrant that you are authorized to disclose any and all Client information that you submit to Eversurance. Eversurance may not display or otherwise provide all data on Qualified Health Plans being offered in your Client’s state through the state or the federal Health Insurance Marketplace website. The rates displayed on this website are cost estimates, and though we attempt to be as close to your client’s final cost share as possible, final costs cannot be determined until your client verifies eligibility by completing the application process.
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein or provided thereby (including all Lead Data), are owned by Eversurance or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Eversurance Financial Advisor Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Eversurance Financial Advisor Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Estimates solely for the specific purpose of providing financial advisor services to your Clients. Any use of the Services (including all Estimates) other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
In connection with the Services, you may, entirely on your own behalf and in your capacity as your Clients’ financial advisor, share Estimates with Clients. You will receive no remuneration from Eversurance for any use of the Services, including, but not limited to, sharing Estimates with your Clients.
When contacting your Clients regarding the Estimates and/or Eversurance’s insurance products or services, you and any employees or other third parties acting on your behalf must comply with any and all federal, state, local and industry laws, rules, regulations or requirements, including, without limitation, the Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act of 2003, Do Not Call List requirements and any other applicable U.S. federal or state law concerning marketing, privacy or data security. Before directing any telephone call, text message, email, or other communication to your Clients regarding the Estimates and/or Eversurance’s insurance products or services, you represent and warrant that you previously obtained any necessary consent from your Clients to do so.
You are strictly prohibited from impersonating or otherwise acting as if you were your Client in connection with the Services, including, but not limited to, by providing to Eversurace, consent for your Clients to be contacted by Eversurance. Should you and/or your Client wish to speak with an Eversurance representative regarding Eversurance’s insurance services, please call or have your Client call +1-812-205-2630.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
Our Services may allow you and other users to create, post, store and share content, including Advisor Ads, messages, text, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Eversurance. You grant Eversurance and its subsidiaries and affiliates a limited, non-transferable, perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, publicly display, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content (including Advisor’s name, address, contact information, logo and/or other marks) in all media formats and channels now known or later developed without compensation to you, for the purposes of providing you the Services (including displaying Advisor’s information, including contact information and carrier affiliation, to users of the Eversurance websites). When you share User Content on or through our Services, you understand that your User Content and any associated information may be visible to end-consumers.
You may not create, post, store or share any User Content that violates these Eversurance Financial Advisor Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Eversurance Financial Advisor Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Enforcement of this section is solely at Eversurance’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Advisor may cancel its Eversurance Financial Advisor account at any time by contacting Eversurance customer support at: [email protected]. Eversurance may cancel Advisor’s account or the Eversurance Financial Advisor Services, without notice, for any reason or no reason.
Eversurance and Advisor and their licensors own all rights, title and interest in and to their respective websites and other intellectual property rights used in their respective businesses, including, without limitation, any query information or data resulting from end-consumer use of such websites and any intellectual property rights related thereto. Each party’s name(s) and logo(s), product or service names, slogans are trademarks of such party, and may not be copied, imitated or used, in whole or in part, without the other party’s prior written permission. Subject to the limited license granted to Advisor herein, Eversurance owns all rights, title and interest in and to the Services and all intellectual property rights therein and thereto.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Advisor agrees that Eversurance may, but is not obligated to, monitor or record any of Advisor’s telephone conversations and chat texts with Eversurance for quality control purposes, for purposes of training Eversurance’s employees and for its own protection and internal business purposes. Advisor further agrees that each of Advisor’s employees or anyone else Advisor authorizes to use Advisor’s account has consented to such monitoring or recording and Advisor shall indemnify, defend and hold harmless Eversurance for its breach of this sentence. Advisor acknowledges that not all telephone lines or calls are recorded by Eversurance and that Eversurance does not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Eversurance or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Eversurance’s sole discretion. You understand that Eversurance may treat Feedback as nonconfidential.
We do not permit copyright or trademark infringing activities and other infringement of intellectual property rights on the Services, and we will remove or modify (or ask you to remove or modify) content if we are properly notified that such content infringes on another's intellectual property rights. If you are a copyright or trademark owner or an agent thereof and believe that any content in any public area of the Services infringes upon or otherwise conflicts with your proprietary rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
Please contact our designated Copyright Advisor at [email protected] to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Advisor; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through the Contact Us area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
To the fullest extent permitted by applicable law, Advisor will defend, indemnify and hold harmless Eversurance and our subsidiaries and affiliates, and each of its respective officers, directors, agents, partners and employees (individually and collectively, the “Eversurance Parties”) from and against any losses, damages, liabilities, claims, demands, costs or expenses (including, without limitation, reasonable attorneys' fees, court costs and expert witness fees, if applicable) (collectively, “Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Eversurance Financial Advisor Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services, including, without limitation, any communication with your Clients or any other third parties regarding the Estimates or Eversurance’s services in violation of any applicable laws, rules, or regulations (including the TCPA and CAN-SPAM Act).
You agree to promptly notify Eversurance Parties of any Claims, cooperate with the Eversurance Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Eversurance Parties will have control of the defense or settlement, at Eversurance’s sole option, of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Eversurance or the other Eversurance Parties.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES AND ANY CONTENT THEREIN (WHICH EXPRESSLY EXCLUDES USER CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (1) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (2) ANY WARRANTIES THAT OUR SERVICES AND ANY CONTENT THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (3) THAT EVERSURANCE OR ITS LICENSORS’ SECURITY METHODS WILL BE SUFFICIENT TO PROTECT ANY CONFIDENTIAL INFORMATION OR INFORMATION RELATING TO WEBSITE TRAFFIC, SERVICES, LEAD DATA, LEADS OR PAYMENTS, OR (4) REGARDING THE AVAILABILITY, ACCURACY, OR RELIABILITY OF INFORMATION, WEBSITE TRAFFIC, OR ESTIMATES OBTAINED THROUGH THE SERVICES. THE SERVICES AND ESTIMATES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVISOR.
EXCEPT FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERSURANCE AND OTHER EVERSURANCE PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, COVER, FAILURE OF THE INTERNET, OR LOSS FROM ANY BUSINESS DISRUPTIONS), ARISING OUT OF THESE EVERSURANCE FINANCIAL ADVISOR TERMS OR ANY PERFORMANCE HEREUNDER, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SERVICES, THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION, OR FOR ANY BREACH OF WARRANTY, EVEN IF EVERSURANCE OR THE OTHER EVERSURANCE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF EVERSURANCE AND OTHER EVERSURANCE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE EVERSURANCE FINANCIAL ADVISOR TERMS AND THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
EVERSURANCE AND THE SERVICES PERMIT ADVISOR TO OBTAIN ESTIMATES AND ADVISOR TO SHARE SUCH ESTIMATES WITH ADVISOR’S CLIENTS. HOWEVER, IN NO EVENT WILL EVERSURANCE BE LIABLE TO ADVISOR OR ANY OTHER PERSON OR ENTITY FOR ADVISOR’S USE OF THE ESTIMATES, ADVISOR’S CALLS OR OTHER COMMUNICATIONS WITH CLIENTS OR OTHER THIRD PARTIES, OR ANY OF ADVISOR’S ACTIONS OR OMISSIONS WITH RESPECT TO THE SERVICES OR ESTIMATES. ADVISOR IS ENTIRELY RESPONSIBLE FOR ITS ACTIONS AND OMISSIONS WITH RESPECT TO ANY ESTIMATES PROVIDED BY EVERSURANCE AND HOW IT USES THE SERVICES AND ESTIMATES AND EVERSURANCE FOREVER AND IRREVOCABLY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM.
To the fullest extent permitted by applicable law, you release Eversurance and the other Eversurance Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and any employee or other third party acting on your behalf and the acts or omissions of third parties.
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
With the exception only of disputes related to the enforcement or validity of Eversurance’s intellectual property rights, all disputes, controversies or claims arising out of or relating to these Eversurance Financial Advisor Terms, will be resolved through confidential binding arbitration held in Boston, Massachusetts in accordance with the Commercial Arbitration Rules and Mediation Procedures ("Rules") of the American Arbitration Association (“AAA”), which are available on the AAA website and hereby incorporated by reference. You acknowledge and agree that you have read and understand the rules of AAA or waived its opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason. You and Eversurance agree that any dispute arising out of or related to these Eversurance Financial Advisor Terms is solely between you and Eversurance and that any dispute will be resolved solely through two-party arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Eversurance agree that these Eversurance Financial Advisor Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Eversurance Financial Advisor Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Eversurance Financial Advisor Terms. The arbitrator may only conduct a single arbitration and may not consolidate more than one claimant’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one claimant. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. Otherwise, you and Eversurance agree that the state or federal courts in Boston, Massachusetts have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Eversurance Financial Advisor Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Eversurance will not have the right to assert the claim.
If any portion of this Section 19 is found to be invalid or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Eversurance Financial Advisor Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 19 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable.
Any dispute arising from these Eversurance Financial Advisor Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts of Massachusetts and the United States, respectively, sitting in Boston, Massachusetts.
The relationship between Advisor and Eversurance is that of independent contractors, and no agency, joint venture, partnership, employee-employer or franchisor-franchisee relations is intended or created by these Eversurance Financial Advisor Terms or your use of the Services.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Eversurance Financial Advisor Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Eversurance Financial Advisor Terms and does not affect the validity and enforceability of any remaining provisions. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of these Eversurance Financial Advisor Terms will remain in full effect.
The failure of Eversurance to exercise or enforce any right or provision of these Eversurance Financial Advisor Terms will not operate as a waiver of such right or provision. The section titles in these Eversurance Financial Advisor Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Eversurance Financial Advisor Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. These Eversurance Financial Advisor Eversurance Financial Advisor Terms, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into these Eversurance Financial Advisor Terms except as expressly set forth herein, and any conflicting or additional terms contained in any other documents or oral discussions are void.
Except as explicitly stated otherwise, any notices sent from you to us shall be submitted via e-mail at [email protected] with a copy of such notice sent by certified postal mail, return receipt requested, to: Legal Department, Eversurance.com, c/o Eversurance, Inc., 210 Broadway, Suite 302, Cambridge, MA 02139. When Eversurance needs to send a notice to Advisor, it shall be sent to the e-mail address last provided to Eversurance. Notice shall be deemed given upon receipt or 24 hours after e-mail is sent. Eversurance reserves the right to change, modify, add or remove any portion of these Eversurance Financial Advisor Terms, in whole or in part, at any time.
Advisor may not assign any of its rights hereunder and any such attempt is of no effect.
Advisor acknowledges that Advisor has read and understands these Eversurance Financial Advisor Terms, and that these Eversurance Financial Advisor Terms have the same force and effect as a signed agreement.
In this E-Sign Consent, the following definitions apply: (i) "You" and "your" refer to you, the User; (ii) "We," "us," and "our" refer to the Site operator and its affiliates (including, without limitation, Eversurance, Inc.), agents, successors and assigns. By clicking the "I agree" button, which you adopt as your electronic signature, you consent and agree that:
You understand that, to access and retain the electronic Disclosures, you will need the following:
Any withdrawal of your consent to receive electronic Disclosures will be effective only after we have a reasonable period of time to process your withdrawal. You understand and agree that if you withdraw your consent to receive electronic Disclosures, we may—though we are not obligated to—cancel your account. At any time, you can update the email address to which we will send alerts that Disclosures are available. You can change your email address by contacting us at: [email protected].
By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you. When we send you an email or other electronic notification alerting you that Disclosures are available electronically and we do in fact make them available online, that shall have the same meaning and effect as if we provided paper Disclosures to you, whether or not you choose to view the Disclosures, unless you had previously withdrawn your consent to receive Disclosures electronically. You understand and agree that Disclosures are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the e-mail address is invalid.
You understand and agree that we are responsible for sending notice of the Disclosures to you electronically including at the email address you have provided, but are not responsible for any delay or failure in your receipt of the email notices.