Terms & Conditions

INFORMATION CONTAINED HEREIN IS FOR GENERAL INFORMATIONAL PURPOSES ONLY.  NOTHING ON THIS WEBSITE SHALL BE CONSTRUED AS PROVIDING PROFESSIONAL ADVICE NOR CREATING A SPECIAL RELATIONSHIP WITH YOU OR OUR AGREEMENT TO PROVIDE YOU WITH ANY OF THE ADVICE OR SERVICES CONTAINED IN OUR CONTENT.  YOU ARE NOT ENTITLED TO RELY UPON ANY CONTENT PUBLISHED HEREUNDER OTHER THAN TO THE EXTENT THAT YOU AND WE SPECIFICALLY AGREE IN WRITING TO THE CONTRARY.

ANY DESCRIPTION OF COVERAGE ON THIS SITE DOES NOT REPRESENT ANY COVERAGE PROVIDED ON ANY INSURANCE POLICY YOU MAY HAVE PURCHASED THROUGH THIS AGENCY, OR ANY CURRENT OR FUTURE POLICY YOU MAY OWN, NOR DOES ANY CONTENT HEREIN NECESSARILY APPLY TO YOUR SPECIFIC SITUATION.  MERELY BECAUSE WE LIST A CAPABILITY OR PRACTICE AREA HEREUNDER, DOES NOT MEAN WE HAVE AGREED TO PROVIDE SUCH SERVICES TO YOU.  TO CONFIRM THE COVERAGE PROVIDED ON A SPECIFIC POLICY YOU CURRENTLY OWN OR ARE CONSIDERING PURCHASING, YOU SHOULD CONTACT THE AGENCY OR INSURANCE CARRIER THAT ISSUED, OR MAY ISSUE, THE POLICY. IN ADDITION, FOR COMPLETE COVERAGE DETAILS, INCLUDING CONDITIONS, LIMITS AND LOSSES NOT COVERED, READ YOUR POLICY AND ALL ENDORSEMENTS.

NO COVERAGE CAN BE BOUND NOR CHANGES MADE TO YOUR NEW OR EXISTING POLICY UNLESS YOU HAVE RECEIVED A WRITTEN BINDER OF INSURANCE FROM OUR OFFICE. A FORM SUBMITTED FROM THIS SITE DOES NOT CONSTITUTE A BINDING COVERAGE AGREEMENT.

These Legal Notices, as amended by us at any time and from time to time, set out the basis on which you may use this website and provide important information about the way we provide our services.

  • Website Terms of Use
    • Last updated: March 10, 2021

Acceptance of the Terms and Conditions

This Terms of Use Agreement, along with all other agreements, disclaimers and disclosures displayed on Site (collectively, the “Agreement”) states the terms and conditions under which you may use the website located at Kinlochcg.com or Optisure.com, and all Content available therein (the “Site”). Optisure Risk Partners, LLC, Optisure Risk Holdings, Inc., and their affiliates, subsidiaries, and related companies are hereinafter referred to collectively as “Optisure” or “we”. This Site is provided by Optisure and contains information in the form of data, text, reports, templates, agreements and other materials relating to and/or provided by Optisure and its third party content providers, (collectively, the “Content”).

By accessing, browsing and/or using this Site and its Content, you acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time.  If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Your Responsibilities

You understand that your failure to provide all necessary information to an insurer, whether intentional or by error, could result in the omission, impairment or voiding of coverage. You are free to adopt or reject, in whole or in part, any information and/or recommendations given by us and agree that all decisions regarding the amount, type sufficiency or terms of coverage shall be your ultimate responsibility, including the review of all policies and related documents provided to you. You are solely responsible for the accuracy and completeness of all information that you furnish to Optisure and the parties with whom your insurance is placed, and you agree to pay premiums as they become due on any coverage we bind on your behalf. To ensure its accuracy, you shall review and sign any required application for insurance as well as read and review the proposals and insurance policies we provide to you.  We shall not be responsible for verifying the accuracy or completeness of any information that you provide, and we shall be entitled to rely on that information.  We cannot assume liability for any errors, deficiencies or omissions in any services or insurance placements provided to you that are based on inaccurate or incomplete information you provide, or for any services not specifically requested in writing by you and which we agree in writing to perform.    While we may provide advice and recommendations, you acknowledge they are not all encompassing, and only you can decide the specific coverage that is appropriate for you based upon your particular risk tolerance, circumstances, and financial position.  Information we provide will represent only our reasonable judgment as to the recommendation made or condition reported at that particular time.  You shall not share any of Optisure’s work product with a third party, except to your insurers in connection with the placement of coverage by us, without our prior written consent and compensating us for our work performed at hour then current hourly rates for services performed.

Our Responsibilities

We will endeavor to procure insurance as requested by you in writingHowever, we cannot be responsible for the adequacy or effectiveness of any insurance programs or policies implemented by another broker, or any acts or omissions occurring prior to our insurance placement and continued during your relationship with us. We are not responsible for the solvency of any insurer or other entity through which coverage is placed or its ability or willingness to pay claims, return premiums or other financial obligations, nor do we guarantee or make any representation or warranty that insurance can be placed on terms acceptable to you.  You acknowledge that, in performing services or providing products or advice, we and our affiliates are not acting as a fiduciary for you, except to the extent required by applicable law. Our Terms of Service do not alter or modify any duty of care beyond that implied in the common law and nothing hereunder creates a special or fiduciary relationship between us or an ongoing duty to advise.   While from time to time we may share information regarding insurance conditions, estimated values derived from replacement cost software, peer benchmarking, general insurance practices or observations based on our knowledge or from information made available to us which you may find useful in considering your insurance program, we cannot take on an obligation to verify, update or continue to furnish such information on an ongoing basis.  In particular, we are not replacement cost experts and values provided are only guidelines for underwriting acceptability.

Limitation of Liability

We agree we are each of equal commercial sophistication and have negotiated this agreement at arms’ length. We are each entering into this agreement voluntarily, have read and understand all its provisions and have had the opportunity to seek and to obtain the advice of counsel on our collective rights and responsibilities hereunder and the terms and conditions of this agreement.  Neither of us shall be liable to the other or to any third party for any indirect, special, incidental, consequential, or punitive damages arising out of or related to our relationship hereunder and each of us agrees to defend, pay on behalf of and to hold the other harmless for any such claim.  This Limitation of Liability shall survive the termination of our relationship.

Other

These Terms of Service, any written modification thereto, and the terms and conditions contained on our web site, including optisure.com/terms-and-conditions, optisure.com/privacy-policy, and optisure.com/compensation-and-fees,  constitute the entire and complete understanding between us and supersede all prior or contemporaneous verbal and written agreements, communications and representations between us.  We collectively agree that, unless expressly stated otherwise in the body of any email by the sender, the sender shall not be deemed to intend that any email, including any related emails, be a transaction or transactions by electronic means. The laws of the State of New Hampshire govern this agreement, without regard to choice of law principles.  Each of us, on our own behalf and on behalf of our affiliates, to the fullest extent permitted by law, knowingly, voluntarily, and intentionally waives our right to a trial by jury in any action or other legal proceeding arising out of or relating to this agreement or any products, services or advice provided by Optisure or its affiliates.  The waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise.

Information

All Content is for informational purposes only and may not reflect the most current insurance developments. The Content of this Site may be considered advertising for insurance services.  The Content is not offered as legal or any other advice on any particular matter. Any opinions expressed through the Content of this Site are the opinions of the particular author and may not reflect the opinions of Optisure or any individual associated with our firm. The transmission and receipt of information contained on the Site, in whole or in part, or communication with Optisure via the Internet or e-mail through this Site is not intended to create and does not constitute a client relationship between you and Optisure. You should not send us any confidential information in response to this Site. You should not act or refrain from acting on the basis of any Content included in the Site without seeking the appropriate legal or professional advice on the particular facts and circumstances at issue.

Intellectual Property Rights

You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Optisure or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a reasonable number of copies of the Content for your personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

 Trademarks

 

are trademarks and service marks of Optisure Risk Partners, LLC or Kinloch Holdings, Inc. (collectively the “Optisure Trademarks”). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Optisure Trademarks displayed on this Site, without our prior written permission in each instance.  All goodwill generated from the use of Optisure Trademarks will inure to the benefit of Optisure.

Linking and Framing

We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website without our prior written permission.

Communications with Us

Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via the Site or via electronic mail. In addition, no coverage can be bound, placed or confirmed through our web sites.  Accordingly, we suggest that you use caution when transmitting any information to us via the Internet. Optisure expressly disclaims any liability for damages resulting from third party interception of your communications with us via the Internet. If you choose to send us any information via the Site or via e-mail, you do so solely at your own risk.

Copyright Complaints

If you believe this Site contains Content that infringes your copyright, please provide the information listed below to our designated agent for claims of copyright infringement:

Our designated agent may be contacted as follows:

John Bentas, Esq.
McLane Middleton, Professional Association
(603) 628-1306
(603)625-5650
900 Elm Street
Manchester, NH 03101
United States
john.bentas@mclane.com

Links to Other Websites

This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site. Optisure does not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. You should also refer to the separate terms of use, privacy policies and other rules posted on Third-Party Sites before you use them.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF OPTISURE, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “OPTISURE PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE OPTISURE PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE OPTISURE PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY OF THE OPTISURE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE OPTISURE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE OPTISURE PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

Indemnification

You agree to make Optisure, its affiliates and its or their shareholders, partners, members, directors, officers, co-branders, subsidiaries, parents, employees and agents, whole for any and all claims, losses, liabilities, and expenses (including lawyers’ fees) arising from your use of the Site or any violation of this Agreement.

Miscellaneous

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer, Limitation of Liability, Indemnification, Miscellaneous shall survive the termination of this Agreement. Optisure reserves the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the Optisure Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the New Hampshire, except with regard to its conflicts or choice of law rules. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by us. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.