Acceptance of Terms

By accessing, browsing, or otherwise using the Website, you (“you,” “your,” or “User”) agree to be bound by these Terms and by all applicable laws and regulations. These Terms apply to all visitors and users of the Website. If you are using the Website on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity. If you do not agree with any part of these Terms, you must discontinue use of the Website.

Eligibility

To use the Website, you represent and warrant that you:

•       Are at least 18 years of age;

•       Have the legal capacity and authority to enter into these Terms and to submit information on your own behalf or on behalf of any entity you represent; and

•       Will use the Website only for lawful purposes and in accordance with these Terms and all applicable laws and regulations.

We may, in our sole discretion, refuse access to the Website to any person or entity at any time.

Insurance Brokerage Services

TMN Insurance Services Inc. is a licensed commercial insurance brokerage. We assist businesses in identifying, comparing, and obtaining insurance coverage offered by third-party insurance carriers. TMN Insurance Services Inc is not an insurance company and does not issue insurance.

Specifically, TMN Insurance Services Inc:

• Is not the insurer and does not act as an insurance carrier;

• Does not underwrite, issue, or administer insurance policies;

• Does not guarantee that any coverage will be available, offered, issued, bound, or renewed;

• Does not guarantee any premium, rate, or pricing; and

• Does not guarantee eligibility for any policy, program, or coverage.

All insurance coverage is offered and issued solely by third-party insurance carriers and is subject to:

• Carrier review and approval;

• Underwriting standards and requirements;

• The actual terms, conditions, exclusions, and limitations of the applicable policy; and

• All applicable laws and regulations.

Nothing on the Website constitutes an offer to insure, a binder, or confirmation of coverage. No coverage is bound, modified, or terminated unless and until confirmed in writing by the applicable insurance carrier.

Quotes and Comparisons

Any quotes, premium estimates, coverage comparisons, illustrations, or similar information made available through the Website are provided for general informational purposes only. Such information:

•       Is informational and is not an offer or a binding agreement;

•       Is not a guarantee of coverage, eligibility, terms, or pricing;

•       Is based on information provided by you and/or third parties and may be incomplete, outdated, or inaccurate; and

•       May change at any time without notice.

Final coverage, terms, premiums, and eligibility are determined solely by the applicable insurance carrier following its underwriting review. In the event of any conflict between information presented on the Website and the terms of an actual insurance policy, the terms of the policy will govern.

No Professional Advice

The information provided on the Website is for general informational purposes only and does not constitute professional advice of any kind. Without limitation, information on the Website is not:

• Legal advice;

• Tax advice;

• Accounting or financial advice; or

• Risk-management advice.

The Website is not a substitute for individualized advice from a qualified professional. You should consult your own licensed attorney, tax advisor, accountant, or other qualified professional before making any decision based on information obtained from the Website.

No Broker-Client Relationship

Your access to or use of the Website — including submitting forms, requesting quotes, interacting with any chat feature or AI assistant, or exchanging emails — does not, by itself, create any:

•       Broker-client relationship;

•       Fiduciary relationship; or

•       Agency relationship

between you and TMN Insurance Services Inc. Any such relationship is established only upon a separate written agreement and/or the placement of coverage through TMN Insurance Services Inc, and is subject to applicable law. Unless and until such a relationship is expressly agreed to in writing, you should not assume that TMN Insurance Services Inc. is acting as your broker or representative.

AI and Automated Tools

The Website may use artificial intelligence (“AI”), chat assistants, automated quoting tools, or other automated technologies to help respond to inquiries and provide general information. These tools are intended to assist only. Any AI-generated or automated response:

•       Is intended to provide general assistance and information;

•       May contain errors, omissions, or inaccuracies;

•       Does not constitute professional, legal, financial, or insurance advice;

•       Does not make underwriting, coverage, eligibility, or binding decisions; and

•       Does not replace the judgment of a licensed insurance professional.

You should independently verify any information provided by such tools and contact a licensed representative of TMN Insurance Services Inc. to confirm any matter that may affect your insurance.

User Responsibilities

By using the Website, you agree that:

• All information you submit is true, accurate, current, and complete, and you will keep such information updated;

• You will not use the Website for any unlawful, fraudulent, or unauthorized purpose;

• You will not attempt to gain unauthorized access to the Website, its servers, or any related systems, networks, or data;

• You will not upload, post, or transmit any viruses, malware, or other harmful or disruptive code;

• You will not interfere with, disrupt, or place an unreasonable burden on the Website or its infrastructure; and

• You will not copy, scrape, harvest, or collect data from the Website except as expressly permitted by us.

Intellectual Property

All content on the Website — including all logos, text, graphics, images, photographs, trademarks, service marks, button icons, website design, layout, and other content (collectively, the “Content”) — is the property of TMN Insurance Services Inc., or its licensors, and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for its intended informational purposes. No other right or license is granted. You may not reproduce, distribute, modify, publicly display, create derivative works from, or otherwise use any Content without our prior written consent. Unauthorized use of the Content is strictly prohibited.

Third-Party Websites

The Website may contain links to third-party websites and resources, including insurance carrier websites and other external resources, that are provided for your convenience only. TMN Insurance Services Inc. does not control and is not responsible for:

• Third-party links;

• Insurance carrier websites;

• External resources; or

• The content, products, services, accuracy, or privacy practices of any third party.

The inclusion of any link does not imply endorsement by TMN Insurance Services Inc.. Your access to and use of any third-party website or resource is at your own risk and is governed by that third party’s own terms and policies.

Disclaimer of Warranties

The Website and all Content are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory.

To the fullest extent permitted by applicable law, Pros Commercial disclaims all warranties with respect to the Website and Content, including but not limited to any warranties of:

•       Accuracy;

•       Completeness;

•       Reliability;

•       Merchantability;

•       Fitness for a particular purpose; and

•       Non-infringement.

We do not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. You use the Website at your own risk.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall TMN Insurance Services Inc., or their respective officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, or data, arising out of or relating to your access to or use of (or inability to use) the Website. This includes, without limitation, any damages arising from or related to:

• Indirect or consequential losses;

• Lost profits;

• Business interruption;

• Loss of data;

• Reliance on any Website content;

• Quote or comparison inaccuracies;

• AI-generated or automated errors; and

• Third-party content or websites.

This limitation applies whether the claim is based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not TMN Insurance Services Inc. has been advised of the possibility of such damages. To the extent liability may not be excluded but may be limited, the total aggregate liability of TMN Insurance Services Inc. arising out of or relating to the Website shall not exceed one hundred U.S. dollars (US $100).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless TMN Insurance Services Inc. and their respective officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use or misuse of the Website;

• Your violation of these Terms;

• Your violation of any applicable law or regulation;

• Your violation of the rights of any third party; or

• Any information you submit through the Website.

Governing Law

These Terms, and any dispute arising out of or relating to these Terms or the Website, are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the Dispute Resolution section below, you agree that the exclusive venue for any dispute not subject to arbitration or small claims court shall be the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of those courts.

Dispute Resolution

Informal Resolution First. Before initiating any formal dispute proceeding, you agree to first attempt to resolve the dispute informally by contacting Pros Commercial using the contact information provided below. The parties will negotiate in good faith to resolve the dispute for a period of at least thirty (30) days from the date of written notice.

Mediation or Arbitration. If a dispute cannot be resolved informally, the parties agree to attempt to resolve it through mediation administered by a mutually agreed mediator. If mediation is unsuccessful, the dispute may be resolved through final and binding arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) in accordance with its applicable rules, with any such proceeding conducted in Orange County, California. Each party will bear its own costs except as otherwise required by applicable law or the arbitrator’s rules.

Class Action Waiver. To the fullest extent permitted by applicable law, you and TMN Insurance Services Inc. agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.

Small Claims Exception. Notwithstanding the foregoing, either party retains the right to bring an individual action in a small claims court of competent jurisdiction for any dispute that qualifies for resolution in that court.

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from these Terms. The remaining provisions of these Terms shall remain in full force and effect.

Changes to These Terms

TMN Insurance Services Inc. may modify, update, or replace these Terms at any time in its sole discretion. Any changes will become effective when the revised Terms are posted to the Website with an updated Effective Date. Your continued access to or use of the Website after such changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

Contact Information

If you have any questions about these Terms, please contact us:

TMN Insurance Services Inc.

9741 Bolsa Ave, Ste 206

Westminster, California 92683

Phone: 877-741-2008

Email: [email protected]