Terms & Conditions

1. Agreement to These Terms

By accessing the Services, submitting a quote request, providing your telephone number, or otherwise communicating with us through the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not use the Services.

If you are using the Services on behalf of another person or an entity, you represent that you have authority to bind that person or entity to these Terms.

2. About Ironwood; Licensing

Ironwood Insurance Agency is a licensed insurance agency and an authorized agency of Farmers Insurance, operating under California License #4123643 and California Agency License #0H92039. We are licensed to transact insurance in the states in which we are appointed and in good standing. Products and availability vary by state and are subject to each carrier’s underwriting rules.

Ironwood is an independent business. Nothing on the Services should be read as a statement, representation, or commitment made by any insurance carrier, and no carrier is responsible for the content of the Services.

3. Eligibility

The Services are intended for residents of the United States who are at least 18 years of age and are legally able to enter into a binding contract. The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child has provided us personal information, please contact us using the information in Section 18 and we will delete it.

4. Quotes, Applications, and Coverage

A quote is not insurance. Any premium figure, estimate, indication, or comparison presented through the Services is an estimate only. It is based on the information you supply, is subject to verification, underwriting review, and carrier approval, and may change or be withdrawn.

No coverage is bound through the Services. Submitting a quote request, receiving a quote, or communicating with us does not bind, alter, extend, cancel, or renew any policy of insurance. Coverage exists only when it is issued in writing by an insurance carrier and only on the terms of the policy that carrier issues. Requests to bind, change, or cancel coverage are not effective until confirmed in writing by a licensed representative of Ironwood or by the carrier.

Do not use the Services to report a claim or an emergency. Report claims directly to your carrier using the number on your policy or identification card. In an emergency, call 911.

You agree that the information you provide to us is truthful, accurate, and complete. Insurance applications are underwritten in reliance on that information, and material misstatements or omissions may result in a change in premium, a denial of coverage, or rescission of a policy by the carrier.

Content on the Services describing coverages, exclusions, or policy features is general in nature and provided for convenience. It is not a policy, does not modify any policy, and does not constitute legal, tax, or financial advice. The actual terms, conditions, limits, and exclusions of any policy control in all cases.

5. Electronic Communications and E-SIGN Consent

By using the Services, you consent to receive communications from us electronically, including by email, text message, and notices posted on the Services. You agree that all agreements, disclosures, notices, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

You further agree that your electronic submissions, including clicking a button, checking a box, or typing your name into a form, constitute your electronic signature and carry the same legal force and effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law.

To access and retain electronic communications you will need a device with internet access, a current web browser, and either an active email account or a mobile device capable of receiving text messages. You may request a paper copy of any electronic record, or withdraw your consent to receive records electronically, by contacting us using the information in Section 18. Withdrawing this consent may limit our ability to provide certain Services to you.

6. Telephone Calls and Text Messages

6.1 Consent to Contact

When you provide your telephone number through the Services and affirmatively indicate your agreement, you give Ironwood your prior express written consent to contact you at that number regarding insurance quotes, your policy, and, where you have separately agreed, marketing. This may include calls and text messages delivered using an automatic telephone dialing system or an artificial or prerecorded voice, and may occur even if the number you provide is listed on a federal or state Do Not Call registry.

Your consent is not a condition of purchasing any goods or services. You may request a quote, obtain coverage, and do business with Ironwood without agreeing to receive marketing calls or text messages. You may reach us at any time by calling 408-716-3443.

You represent that you are the subscriber to, or the customary user of, the telephone number you provide, and that you are authorized to give consent for that number.

6.2 Text Message Program Terms

Our text messaging program operates under the following terms:

• Program sponsor. Ironwood Insurance Agency.
• Program description. Depending on the consent you provide, messages may include insurance quotes and quote follow-ups, policy review reminders, renewal and payment reminders, appointment reminders and confirmations, customer service and account servicing messages, and marketing messages about insurance products and services, including home and auto bundle opportunities.
• How to join. You may opt in by checking the applicable box on one of our forms, by texting us, by providing consent verbally to a licensed representative, or by otherwise affirmatively agreeing to receive messages.
• Message frequency. Message frequency varies and depends on your interactions with us.
• Cost. Message and data rates may apply. We do not charge for the messages themselves; your wireless carrier may. Check your plan for details.
• To opt out. Reply STOP to any message at any time. You will receive a single confirmation message and will not receive further messages from that program unless you opt in again.
• For help. Reply HELP to any message, call 408-716-3443, or email ssevor@farmersagent.com.
• Carriers. Supported carriers vary and may change. Wireless carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed.
• Mobile information. We do not share or sell mobile information, including telephone numbers and text messaging consent, with or to third parties for their own promotional or marketing purposes. Mobile information may be shared with service providers and subcontractors strictly as needed to deliver the messaging program itself, subject to contractual restrictions on their use of that information. All other information sharing is governed by our Privacy Policy.

6.3 Withdrawing Consent

You may withdraw your consent to calls or text messages at any time and by any reasonable means. This includes replying STOP to a text message, telling a representative during a call, or contacting us using the information in Section 18. We will honor your request within a reasonable time. Withdrawing consent to marketing messages does not end communications that are necessary to service a policy you hold, and does not relieve you of obligations under any policy.

6.4 Changed and Reassigned Numbers

You agree to notify us promptly if you give up, change, or transfer a telephone number you have given us, so that we do not contact a person who has not consented. You may notify us using any method in Section 18.

6.5 Call Monitoring and Recording

Telephone calls to and from Ironwood may be monitored or recorded for quality assurance, training, and compliance purposes. Where the law requires notice or consent, notice will be given at the start of the call and you may ask that recording be stopped or may end the call.

7. Privacy

Our collection, use, and disclosure of personal information is described in our Privacy Policy. California residents may have additional rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, including rights of access, correction, deletion, and the right to opt out of certain sharing. Those rights, and how to exercise them, are described in the Privacy Policy.

8. Acceptable Use

You agree not to: use the Services for any unlawful purpose; submit false, fraudulent, or another person’s information; attempt to gain unauthorized access to the Services or their underlying systems; introduce malware or other harmful code; use any robot, scraper, or automated means to access or harvest data from the Services; interfere with the operation of the Services; or use the Services to send unsolicited commercial messages.

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct we reasonably believe violates these Terms or applicable law, or that may harm us, other users, or third parties.

9. Intellectual Property

The Services and their contents, including text, graphics, logos, layout, and software, are owned by Ironwood or its licensors and are protected by United States and international intellectual property laws. The Ironwood name and logo are our marks. Other names and marks appearing on the Services, including those of insurance carriers, are the property of their respective owners and are used with permission or as permitted by law.

You may view and print pages of the Services for your own personal, non-commercial use. You may not otherwise copy, reproduce, modify, distribute, republish, or create derivative works from the Services without our prior written permission.

10. Third-Party Links, Carriers, and Services

The Services may contain links to websites and resources operated by third parties, including insurance carriers, and may incorporate third-party tools for mapping, form completion, analytics, and communications. We provide these for convenience. We do not control third-party sites or services and are not responsible for their content, availability, accuracy, security, or privacy practices. Your use of a third-party site or service is governed by that party’s own terms and privacy policy.

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, IRONWOOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Services are free of harmful components. We do not warrant the accuracy, completeness, or currency of any premium estimate, coverage description, or other content on the Services.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply to the fullest extent permitted by law.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IRONWOOD AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

This Section 12 does not apply to claims arising under an insurance policy. Claims under a policy are governed by the terms of that policy and by applicable insurance law, and nothing in these Terms limits any right you have against an insurance carrier. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or gross negligence.

13. Indemnification

You agree to indemnify and hold harmless Ironwood and its owners, officers, employees, and agents from any claim, demand, loss, or expense, including reasonable attorneys’ fees, arising out of your breach of these Terms, your misuse of the Services, your violation of any law, or your submission of information belonging to another person without authorization, including a telephone number you were not authorized to provide.

14. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.

14.1 Informal Resolution First

Before beginning arbitration, you agree to first contact us in writing at the address in Section 18 with a description of your dispute and the relief you seek, and to give us 30 days to resolve it informally. This step is intended to resolve most disputes without formal proceedings.

14.2 Agreement to Arbitrate

If we cannot resolve a dispute informally, you and Ironwood agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including disputes about their formation, interpretation, or enforceability, will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, or by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Arbitration will take place in Santa Clara County, California, or, at your election, in the county where you reside, or by telephone or video conference. The arbitrator may award any relief that a court could award to you individually. The arbitrator’s award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

14.3 Exceptions

Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive relief in court to protect intellectual property rights. Nothing in this section prevents you from filing a complaint with the California Department of Insurance or any other government agency.

14.4 Class Action Waiver

YOU AND IRONWOOD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this Section 14.4 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remainder will proceed in arbitration.

14.5 Your Right to Opt Out of Arbitration

You may opt out of this arbitration agreement and class action waiver. To do so, send written notice within 30 days after you first accept these Terms to: Ironwood Insurance Agency, Attn: Arbitration Opt-Out, 816 N First Street, San Jose, CA 95112, or by email to ssevor@farmersagent.com with “Arbitration Opt-Out” in the subject line. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your relationship with Ironwood in any other way.

15. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of California, without regard to its conflict of laws rules. Subject to Section 14, you and Ironwood consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California. Nothing in this section limits any right you have under the insurance laws of your state of residence.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. Material changes will be identified as such, and where required by law we will provide additional notice. Your continued use of the Services after a change takes effect constitutes acceptance of the revised Terms. Changes do not apply retroactively to a dispute of which we had notice before the change.

17. General Provisions

Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Ironwood regarding the Services, and supersede prior understandings on that subject. They do not modify the terms of any insurance policy, which control as to that policy.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

18. How to Contact Us

Questions about these Terms, requests to withdraw consent, and arbitration opt-out notices may be sent to:

California License #4123643 · California Agency License #0H92039