Terms and Conditions
Legal Notice: This website is offered to the users conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein. Your access or use of this website, mobile applications, social media, or other electronic or web-based services (collectively, “Website”) constitutes your acceptance and agreement to all terms, conditions, and notices in this Legal Notice and in our Privacy Policy.
This Legal Notice applies to this website, as well as those websites associated with the DFS Marketing family of companies and any of its affiliated entities (“DFS Marketing”). Please read the following terms and conditions carefully before using this website or any of our other websites. You should review these terms and conditions regularly as they may change at any time at our sole discretion. The following terms and conditions apply to all of our websites, including any websites owned, operated, offered, or sponsored by DFS Marketing or any of our subsidiaries. In the event you do not agree to any term, condition, or notice contained herein, you are not permitted to use the DFS Marketing websites in any capacity or fashion and you must discontinue all use immediately.
1. Liability
UNDER NO CIRCUMSTANCES SHALL DFS Marketing BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, THAT MAY ARISE FROM OR RELATE TO YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, to the maximum extent permitted by law, DFS Marketing’s liability is limited to the minimum amount of liability that is permitted by applicable law.
THIS WEBSITE CONTENT AND ALL SUCH INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL WARRANTIES ARE EXPRESSLY DISCLAIMED AND NONE ARE BEING PROVIDED.
DFS Marketing WILL NOT BE LIABLE IN ANY WAY ARISING OUT OF THE USE OF OR INABILITY TO USE THE DFS Marketing WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DFS Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, TO THE EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DFS Marketing WEBSITE, OR WITH ANY OF THESE TERMS OR CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DFS Marketing WEBSITE.
Under no circumstance will DFS Marketing be liable for damages of any kind related to the use of this website, including, without limitation, any lost profits, business interruption, loss of use, loss of programs or data on your equipment, or otherwise, even if we are expressly advised of the possibility or likelihood of such damages.
The information and other material contained on, included in, or available through this website may contain inaccuracies or typographical errors. Information may be changed or updated without notice. Information on this website is updated periodically and some information presented may not be current. DFS Marketing has no obligation to update the information presented on this website. DFS Marketing reserves the right to change the website, website content, and this Legal Notice at any time in its sole discretion without notice. DFS Marketing shall not be liable for the use of the website, including but not limited to, the content and any errors or omissions contained herein. You acknowledge that your reliance upon any information or content on this website shall be at your sole risk. Your continued access or use of the website shall be deemed your acceptance of this Legal Notice.
NOTHING ON THIS WEBSITE CONSTITUTES ADVICE OF ANY KIND. THE CONTENT AND MATERIAL ON THE DFS Marketing WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, FINANCIAL, INVESTMENT, OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DFS Marketing AND/OR ITS INSURANCE PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE DFS Marketing WEBSITE FOR ANY PURPOSE.
For and in consideration of the use of the DFS Marketing website, the user(s) hereby remise, release, and forever discharge DFS Marketing and its respective agents, officers, attorneys, directors, shareholders, partners, employees, successors, assigns, sibling companies, parent companies, and affiliated companies of and from any and all, and all manner of, action and actions, cause and causes of action, claims, suits, debts, breaches of fiduciary duty, other breaches, notes, dues, sums of money, accounts, reckonings, undertakings, bonds, bills, specialties, covenants, contracts, controversies, agreements, guarantees, indemnifications, promises, liens, variances, trespasses, damages, attorneys’ fees, judgments, taxes, interest, penalties, assessments, extents, executions, expenses, claims, demands, and liabilities whatsoever, of every kind and nature (collectively “Claims”), whether or not well-founded in fact or in law, whether known or unknown, whether contingent or not contingent, and whether in law or equity or otherwise, which the user ever had, now have, or can, shall, or may have, for or by reason of, arising from, or relating in any way to the DFS Marketing website, the content of the DFS Marketing website, and/or the use of the DFS Marketing website, regardless of when such claim arose or accrued. In the event you are subject to the laws of a jurisdiction that does not allow for a limitation or exclusion of liability, then some or all of this limitation or exclusion may not apply to you.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DFS Marketing as a result of the use of the DFS Marketing website.
2. Third Party Content and Links
LINKS TO THIRD-PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEBSITES IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR IT.
We reserve the right to terminate a link to a third-party website at any time. The fact that we provide a link to a third-party website does not mean that we endorse, authorize, or sponsor that website, nor that we are affiliated with the third party website’s owners or sponsors. We do not control such websites and are not responsible for their content. Your access to third-party websites through our links or otherwise is at your sole risk.
You agree that you shall not link to DFS Marketing websites without the prior written permission of an authorized DFS Marketing representative. In the event you are granted written permission, this grant is a limited, non-exclusive, non-transferable, non-assignable permission to the owners of those websites (“Linking Site Owners”) to link to DFS Marketing websites using text links. No logo links to the DFS Marketing website are permitted. In the event you are granted written permission, such text link shall not (a) suggest that DFS Marketing promotes or endorses any third party’s causes, websites, products, or services, or (b) be used or associated with any inflammatory, obscene, defamatory or unlawful site or materials in any way, or in any manner that would disparage or adversely affect the name, reputation, and goodwill of DFS Marketing and its services. Linking would be conducted at your risk due to the evolving nature of the DFS Marketing website. We reserve the right to withdraw permission for any link to any permitted Linking Site Owner, and upon such withdrawal, the Linking Site Owner must immediately remove all links to all DFS Marketing websites. Any permission to link to our website does not give you permission to use or display DFS Marketing’s copyrighted material, trademarks, or other intellectual property. Linking Site Owners acknowledge and agree that they shall indemnify, defend and hold harmless DFS Marketing from and against any and all claims arising out of their failure to comply with the terms and conditions of this section.
DFS Marketing retains and reserves all rights to its domain names, trade names, trademarks and logos, copyrights, and all other intellectual property.
3. Posting Messages; Social Networking Media
Your use of social networking media, including but not limited to participation in or use of blogs, threaded discussions, message boards, and wikis, if any (collectively, “social media”), is conditioned upon your agreement to and compliance with the terms contained in this Legal Notice including the following:
a. Do not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, lewd, harassing, profane, or indecent information. This restriction includes anything that would constitute a criminal offense, give rise to civil liability, or statutory or regulatory liability.
b. Do not engage in disruptive activity online, including excessive use of scripts, sound waves, or scrolling (e.g., repeating the same message repeatedly).
c. Do not post or transmit any information, software, or other material that violates or infringes the rights of others. This restriction includes materials that constitute an invasion of privacy or the publicity rights of the owner.
d. Never post or transmit any information, software, or other material that contains a virus, worm, Trojan horse, or other code that has contaminating or destructive properties.
e. Do not post any information, software, or other material for commercial purposes.
f. Do not solicit other users to join or contribute money to any online service or other organization, or advocate or attempt to persuade users to join in legal or illegal schemes.
g. Do not pretend to be any other person or entity. Website users also may not falsely represent their identity or professional or other affiliation.
h. Do not use the website to collect personally identifiable information in violation of the policies contained in the Privacy Policy.
You agree that DFS Marketing, at its sole and absolute discretion, determines whether any information transmitted or received violates this provision.
You also agree to indemnify and hold DFS Marketing and our employees, officers, directors, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party arising from any information or material you contribute to the Social Media you access via the websites.
DFS Marketing has no obligation to monitor social media. However, we reserve the right to monitor any and all information transmitted or received through the website. DFS Marketing may examine, record, copy, and use any information on the website in accordance with the DFS Marketing Privacy Policy. We reserve the right, in our sole and absolute discretion to remove any postings, comments, information, or materials, in whole or in part, from social media and the website at any time without notice. You agree that we may preserve and access a backup copy and that we may disclose the content or communication at our discretion.
In the event you choose to provide us with any feedback, comments, suggestions, or similar communications, all such messages (collectively, “Posting”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and non-proprietary. You hereby grant DFS Marketing a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license and right to use, reproduce, display, perform, practice, modify, adapt, publish, translate, create derivative or collective works, transmit, display, and distribute your Posting, in whole or in part, and including all intellectual property rights therein, in any media and for any purpose. You represent and warrant that you own or otherwise control all of the rights to the content that you post and that the content is accurate.
When using the website or social media, please be certain that anything you disclose does not compromise your personal safety. You acknowledge that you have no expectation of privacy with regard to any content or message you submit or post. Do not continue any conversation online that makes you feel uncomfortable. We encourage you to protect your safety and privacy.
4. Web-Enabled Mobile or Handheld Devices
Certain web and smartphone applications of the website have been designed to run on a personal computer, standard laptop, or web-enabled mobile device. If you view or use the website on a mobile or handheld device, you may experience some display and functionality limitations. You may experience varying wireless network coverage and speed, depending on your geographic location and telecommunications provider. The website should not be used while operating any motor vehicle, or in any other manner that might endanger yourself or others.
If your mobile device uses Global Positioning System (GPS) technology, trackers, or other location tracking tools, your location information may be used for purposes of determining your location when using a function on the website that uses such information. While using the website, if you allow your location information to be obtained, we will use this information solely to return your estimated location and to provide you with more personalized results and/or services. DFS Marketing does not monitor your GPS tracking or location information and does not save this information. We will not use this information to identify you or disclose this information to any third parties.
By using the website, you expressly agree and acknowledge that DFS Marketing shall not be responsible for, among other things, any of the following: (a) performance limitations and/or failures experienced in connection with any wireless or Wi-Fi service used to access the website; (b) data transmitted through wireless access that may be intercepted by unauthorized persons; or (3) your failure to physically secure and/or monitor your personal computer, laptop or wireless device or to protect your passwords, resulting in unauthorized access to the website.
While using any web-enabled mobile or handheld device to use the website, standard mobile phone carrier and data usage charges may apply. You expressly agree and acknowledge that the use of any mobile or handheld device is at your sole risk and shall be in accordance with all applicable local, state, and federal laws.
5. Proprietary Rights & Restricted Use
Use of the DFS Marketing website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions contained in this Legal Notice and on the DFS Marketing website. You agree that you will not use this website or content contained in the website in any way that is not explicitly permitted by this Legal Notice. You agree that you will not misrepresent your identity or provide us with false information in any information-collection portion of this website. You agree that you will not take any action that is intended to interfere with the operation of this website. You agree that you will not access or attempt to access any portion of this website to which you have not been granted access.
DFS Marketing is the owner of all of DFS Marketing’s text contained on this website. You may print a copy of the information contained herein for your personal use; however, you may not reproduce or distribute the text or graphics contained on this website to others or copy the information on your own server, create derivative works of the website or its content, or link to this website, without the prior written permission of DFS Marketing. You may request permission by contacting the DFS Marketing Legal Department at (727) 726-0726 or by fax to (727) 216-7008.
6. Intellectual Property Rights
Other parties’ trademarks, copyrights, and service marks that may be referred to or depicted are the property of their respective owners. The names of companies and their products or services mentioned herein may be the trademarks of their respective owners. Nothing on this website should be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any trademark without the owner’s written permission. Neither the name of DFS Marketing nor our logos may be used in any way, including in advertising or publicity pertaining to the distribution of materials on this website, without prior written permission. You are not authorized to use our logos as a hyperlink to this website unless you obtain our written permission in advance. Any rights not expressly granted herein are reserved.
7. No Provision of Investment Advice or Solicitation of Offers
Nothing on this website constitutes investment advice. In addition, our website content does not constitute an offer to sell or solicitation of any insurance product. No product offered by DFS Marketing is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities law or other laws of such jurisdiction. No such security is offered or will be sold in any jurisdiction by an entity that is not properly licensed to do so in such jurisdiction. Financial calculators and calculations, if any, are provided for illustrative purposes only. Please review the contract or plan documents including the entire disclosure documents, if any, for more detailed information. If an illustration is provided, it does not reflect actual outcomes and is not a guarantee of future results.
8. Circular 230 Notice
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. Federal tax advice contained on our websites, including any websites owned, operated or sponsored by any of our affiliates, unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. The information on this website is not written or intended as tax or legal advice.
9. Responsible Use
Your use of this website and the information contained therein constitutes your agreement to use any information obtained in connection with such use solely for the purposes intended by DFS Marketing and to not alter or distribute such information for any purpose without the express written consent of DFS Marketing.
As a condition of your use of the DFS Marketing website, you warrant to DFS Marketing that you will not use the DFS Marketing website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the DFS Marketing website in any manner which could damage, disable, overburden, or impair the DFS Marketing website or interfere with any other party’s use and enjoyment of the DFS Marketing website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the DFS Marketing website.
DFS Marketing reserves the right, in its sole discretion, to terminate your access to the DFS Marketing website and the related services or any portion thereof at any time, without notice.
10. The Digital Millennium Copyright Act
DFS Marketing reserves the right, but not the obligation, to terminate your access to the website if it determines in its sole and absolute discretion that you are or may be involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. DFS Marketing has implemented procedures for receiving written notification of the claimed infringement and for processing such claims in accordance with the Digital Millennium Copyright Act. Such notification of claimed infringement must be sent to Attention: DFS Marketing, 100 Interstate 45 N Suite 410 Conroe Texas 77304.
Any notice regarding any infringement of copyright or of other proprietary rights must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. General Terms and Disclaimer
Although DFS Marketing has made efforts to ensure that the contents of this website are correct and complete, DFS Marketing cannot be responsible for the accuracy of the information contained herein. Please contact a DFS Marketing representative for the most current information available.
Certain exclusions and limitations may apply.
All products are not available in all areas and are subject to applicable laws, rules, and regulations.
Not affiliated with the United States government or the federal Medicare program. Medicare has neither reviewed nor endorsed this information.
Agents must possess the required licenses and/or certifications in the states where they sell or offer insurance products.
Services provided by DFS Marketing are provided through its applicable subsidiaries.
The products, if any, that are described on this website are not intended to, and do not constitute offers to sell or solicitations in connection with any product. Various products may have waiting periods, limitations, and exclusions. The information contained on this website does not constitute financial advice. The product descriptions, if any, referenced on the websites are for informational purposes only and are subject to change. Anyone interested in a particular product should contact a licensed DFS Marketing agent or representative to determine whether the product is available in their jurisdiction and to request a copy of the applicable policy or other plan documents for a complete description of the product.
DFS Marketing cannot and does not guarantee or warrant that files that may be available for downloading from the website are free of viruses, worms, Trojan horses, or other code that has contaminating or destructive properties. DFS Marketing does not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title, non-infringement or fitness for a particular purpose) with respect to the files available for downloading from the website. In no event will DFS Marketing be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from the use of files downloaded from the website.
No information on this website is meant to provide, nor does it provide, medical advice and it is not tailored to any specific person.
In the event that any statement contained on the website is construed to be forward-looking, any such statement is subject to future uncertainties and actual results may differ. DFS Marketing does not undertake any obligation to correct or update any statement that is perceived to be or construed as forward-looking.
To the maximum extent permitted by law, the use of this website will be governed by and construed in accordance with the law of the State of Texas. The terms contained herein constitute a legally binding agreement. Any dispute, legal action, lawsuit, or proceeding arising out of and/or relating to the DFS Marketing website or the use of this website shall be brought solely and exclusively in Montgomery County, Texas. You hereby consent to exclusive jurisdiction and venue in the courts of Montgomery County, Texas for all such actions. You acknowledge that your use of this website constitutes substantial, continuous, and systematic contact with the State of Texas and that you are purposefully availing yourself of the benefits and privileges of conducting activities within the State of Texas through your use of this website. You waive any other venue and further waive any claim that any action or proceeding brought in any such Pinellas County court has been brought in an inconvenient forum. Before seeking legal recourse for any alleged harm you believe you have suffered arising from and/or related to the website, you agree to inform us in writing and to give us thirty (30) days written notice to cure the alleged harm before you initiate legal action.
DFS Marketing reserves the right to change the terms and conditions applicable to this website at any time with or without notice in its sole discretion.
DFS Marketing does not warrant that access to DFS Marketing’s website or any of its pages will be uninterrupted or error-free.
DFS Marketing does not warrant or make any representations regarding the usefulness of or the expected results of the materials contained on the website.
This website is only intended for a United States audience. If you choose to access the Service from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on any exclusion list from any U.S. government agency. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from the website to a foreign national or foreign country in violation of those laws.
Nothing contained herein is in derogation of DFS Marketing’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the DFS Marketing website or information provided to or gathered by DFS Marketing with respect to such use.
If any part of this Legal Notice is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalidity or unenforceability of a particular provision shall not affect any other provisions or applications which can be given effect without the invalid provision or application. To this end, the provisions are severable. If a particular provision is deemed to be invalid or unenforceable, this provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is modified to match such intent and the remainder of the agreement shall continue in effect.
The captions, headings, and titles in this Legal Notice are solely for convenience and reference and shall in no way define, describe, extend, or limit the scope or intent of this Legal Notice or the intent of any provision hereof.
You may not transfer or assign any rights or obligations contained herein related to the website. You agree that DFS Marketing may transfer or assign its rights and obligations contained herein related to the website.
Unless otherwise specified herein, this agreement constitutes and contains the entire agreement between the user and DFS Marketing with respect to the DFS Marketing website and as to the subject matter hereof, and it supersedes or subsumes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DFS Marketing with respect to the DFS Marketing website. The terms of this Legal Notice shall not and cannot be altered, amended, modified, or otherwise changed in any respect, except by the means of a written instrument signed by DFS Marketing.
A printed version of this Legal Notice and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the use of the DFS Marketing website and/or this Legal Notice.
Any user of this website must be of legal age under the laws of the State of Texas and the law of the state where the user is located at the time of such use.
This Legal Notice was modified in July 2022.