Terms of Service
Last updated and effective July 31, 2020
This Terms of Service Agreement ("Agreement") governs your access and use of the website and flood insurance quoting platform operated by CartoFront, Inc. (“CartoFront”) and located at quotes.cartofront.com (collectively, the "Platform"). By accessing, browsing, and using this Platform, you ("you" or "User") agree that you have read, understood, and accept this Agreement. Please read it very carefully and let us know if you have any questions. We can be reached at email@example.com. If you do not agree with any of the terms herein, you may opt out by closing the Platform.
3. Representations about User
You may be a realtor who is submitting information about your client; in which case you agree that you are authorized by such client to provide his or her name and contact information.
You may be a homebuyer, who through the engagement of your realtor, have been set up on the Platform to pursue properties of interest and request flood quotes.
You understand that if you provide incorrect or incomplete information it may affect the value of the Platform to you. You state to us that:
4. User Acknowledgements
Unless you are an insurance broker, insurance agent, or other insurance professional or provider in our network (a “Network Partner"), CartoFront does not charge you a fee to use the Platform. However, our Network Partners may pay CartoFront for services and to be matched with users of the Platform. CartoFront is not involved with, and is not responsible for, any fee arrangement that you may enter into with any Network Partner. You acknowledge and agree to this compensation arrangement. Except where prohibited by law, CartoFront will not be liable for any losses, costs, damages, or claims in connection with, arising from or related to your use of a Network Partner's products or services, including any fees charged by a Network Partner.
5. Network Partner Services
CartoFront provides a platform and tool to help you obtain estimates and quotes for flood insurance on properties. These quotes are preliminary estimates only and are subject to further information that will be required to be submitted by you to our Network Partners for their review and approval. Only after this further exchange of more detailed information will a more definitive flood insurance quote be provided by a Network Partner. CartoFront is not a licensed insurance provider and makes no guarantees regarding the quotes, fees, terms, rates, coverage, or services offered or made available by our Network Partners. CartoFront does not guarantee that quotes, fees, terms, rates, coverage, or services offered by our Network Partners are the best available. CartoFront does not necessarily validate or investigate the licensing, certification, or other requirements and qualifications of our Network Partners. It is your responsibility to investigate Network Partners. You acknowledge and agree that our Network Partners are solely responsible for any products or services that they may offer or provide to you and that CartoFront shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Network Partner's products or services. CartoFront always recommends getting the advice of financial advisors, insurance agents, brokers, or other qualified professionals who are fully aware of your individual circumstances before you make any insurance decisions. You acknowledge and agree that you rely solely on your own judgment and that of your advisors in selecting any products or services offered by our Network Partners.
6. Communications with You about your Insurance Needs
By providing your or your client’s email address, phone number, or both on CartoFront’s Platform, you authorize us and our Network Partners to call you, email you, mail you, or text you about:
By submitting any request for a flood insurance quote, you are indicating that you or your client desires to be contacted by a Network Partner, and you are providing express written consent that CartoFront, a third party on CartoFront’s behalf, and the Network Partners with whom you are matched, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using CartoFront’s services, and that you can contact CartoFront directly at firstname.lastname@example.org for more information. If you are a realtor, you also acknowledge and agree that you are authorized by your client to enter his or her contact information with the understanding that your client will be contacted as described herein.
You agree that CartoFront is not responsible for any errors or delays in responding to a request caused by, including, without limitation, an incorrect email address, phone number or other information provided by you or other technical problems beyond our reasonable control.
You may opt out of receiving calls from CartoFront at any time by engaging in any of the following reasonable means: (1) emailing email@example.com to expressly state in writing that you no longer wish to be contacted by CartoFront and are revoking your consent to be contacted; or (2) responding to any SMS, mobile, or text message you receive from CartoFront in accordance with the express written instructions of that particular messaging program. You agree to notify any particular Network Partner directly if you no longer want to receive communications from them. You further agree that CartoFront is not responsible for a Network Partner’s failure to follow your or our instructions to stop contacting you.
7. Terms Applicable to Requested Insurance Services
CartoFront is not a licensed insurance agency or broker. The information CartoFront provides is not intended to take the place of professional advice from a licensed insurance agent nor does CartoFront provide any evaluation of the insurance providers or their policies. CartoFront recommends that all consumers consult with a licensed insurance agent before purchasing any insurance policy.
CartoFront does not sell any insurance or bind coverage on its Platform; instead, CartoFront provides a service to help our Network Partners offer for sale and sell insurance and other authorized products to you and potential consumers (each, a "Prospect", and all Prospects and Providers are collectively called the Platform's "Users") who have visited CartoFront’s Platform and applied to receive insurance or other authorized quotations from a Network Partner. CartoFront may, through its Platform, and with each Prospect's authorization, collect and provide to a Network Partner certain information about any Prospect as well as real property parcels in which such Prospect is interesting in purchasing and/or insuring. Any information that is provided about a real property parcel is based on publicly available information, including, without limitation, information from a multiple listing service. This property data may not be accurate and complete, and there could be errors and misleading information in the publicly available data captured by CartoFront and used in providing the initial quote. Therefore, it is important that the User provide additional information on the real property to a Network Partner during the insurance policy application process. As a result, the quality, safety or legality of the products offered by any Network Partner for sale, the truth or accuracy of the representations regarding such products, the ability of Network Partners to offer or sell such products, or the ability of Prospects to pay for the products offered are solely the responsibility of each User. CartoFront is an independent contractor for all purposes, and CartoFront is not responsible in any way for the conduct of any Network Partner. Nor does CartoFront endorse or recommend any Network Partner nor any companies or insurance policies. CartoFront does not provide insurance, tax, legal or any other financial advice. CartoFront does not guarantee that any of the Network Partners to whom it forwards any Prospect's request will contact such Prospect or agree to provide the Prospect with the desired coverage. If you are a Prospect and you would like personal advice or specific policy recommendations, please consult with an insurance agent, broker, or other qualified professional.
You may not be eligible for all products and services, and the issuing insurance company may determine eligibility in accordance with its underwriting guidelines and as permitted by applicable law. Policies may not be available in all states.
8. Intellectual Property with respect to the Platform
The content of this Platform is ours and is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Platform. If you submit comments, suggestions, ratings, or other feedback regarding the Platform or your experience ("Feedback"), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you. You are granted permission to use the information provided to you on or via the Platform solely for your own personal, non-commercial use, provided that none of the content is modified and that any legal legends are retained. You may not "mirror" any content contained within this Platform without our express prior written consent. Except as stated herein, none of the content may be used, copied, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written permission. Notwithstanding the foregoing, if you are a realtor using the Platform for services to your clients, you are free to share Platform content with them and we encourage you to direct your clients to our Platform.
9. Restrictions on Use of the Platform
You may not rent, lease, lend, sell, redistribute, reproduce, or sublicense the Platform. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit or interfere with the Platform in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.
10. Limitations on availability
The Platform is controlled and operated by CartoFront from within the United States. Use of the Platform is void where prohibited. Your use of the Platform is at your own initiative and you are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Platform as required by law.
11. Disclaimer of warranty
THE PLATFORM AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. CARTOFRONT DOES NOT WARRANT THAT THE PLATFORM, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. OUR ESTIMATES AND FLOOD QUOTES MIGHT BE WRONG; FINAL POLICY PREMIUMS AT THE TIME AN INSURANCE POLICY IS BOUND MAY MATERIALLY DIFFER FROM THE QUOTE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS INCLUDES, WITHOUT LIMITATION:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE DISCRETION AND RISK.
12. Limitation of liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CARTOFRONT BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, WARRANTY, RELIANCE, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT(S), ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CARTOFRONT’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO US BY YOU FOR USE OF THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF DAMAGES OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement may be modified by CartoFront at any time by updating and posting a new version of it on the Platform or by otherwise notifying you of the revised Agreement. By subsequently using the Platform, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
14. Governing law and choice of forum
This agreement and your use of the Platform shall be governed by the laws of the state of Illinois, without regard to principles of conflict of laws. You also agree that the state or federal courts sitting in Cook County, Illinois shall have exclusive jurisdiction and venue over any claim or dispute arising out of this Agreement or relating to your use or visitation of our Platform, and you hereby consent to the personal jurisdiction and venue of the federal and state courts sitting in Cook County, Illinois.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision shall be enforced, and reconstructed if need be in a way that best embodies the intent of this Agreement, to apply to the maximum extent allowable under applicable law. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
16. Educational Content
CartoFront may provide educational content in connection with its Platform and related services. The content, information, opinions, and viewpoints contained in these educational materials are those of the authors or contributors of such materials. While CartoFront uses reasonable efforts to screen the credentials of the contributors and make every attempt to review the contents, CARTOFRONT MAKES NO WARRANTY, EXPRESSED OR IMPLIED, as to the completeness or accuracy of the content contained in the educational materials or on the Platform. The reader of these materials uses these materials at his or her own risk, and CartoFront shall not be responsible for any errors, omissions, or inaccuracies in these materials, whether arising through negligence, oversight, or otherwise. Reliance on any information appearing on this site is strictly at your own risk.
The information and education material contained herein is meant to promote the general understanding and dialog of flood risk. Such information is not meant or intended to serve as a substitute for a flood insurance policy or other protective measures. We encourage you to consult with a licensed insurance advisor about your flood risk and the protective measures that you can attempt to take.