Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Lotus Legacy Insurance Advisors website located at lotuslegacy.org (the "Site"), or by submitting any form, inquiry, or request through the Site, you ("User" or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Site.

These Terms constitute a legally binding agreement between you and Lotus Legacy Insurance Advisors LLC ("Company," "we," "us," or "our"), a Maryland limited liability company.

2. Description of Services

The Site provides general insurance information, educational content, and allows visitors to submit inquiries regarding insurance products and services. The Company is a licensed independent insurance agency holding producer licenses in Maryland, Connecticut, and Delaware. We facilitate the placement of insurance coverage through licensed carriers and provide advisory services to individuals and businesses.

The Company reserves the right, in its sole discretion, to modify, suspend, or discontinue any portion of the Site or any service offered through the Site at any time without notice and without liability to you.

3. No Coverage Binding

No insurance coverage is bound, issued, or effective through submission of any form or inquiry on this Site. Insurance coverage is effective only upon: (a) written confirmation of binding from the applicable licensed insurance carrier; (b) payment of required premium; and (c) satisfaction of all underwriting requirements. The Company makes no representation that any coverage will be available, offered, or bound based on information submitted through the Site.

4. No Professional Relationship

Use of this Site and submission of an inquiry does not create any professional, contractual, or fiduciary relationship between you and the Company, including but not limited to an insurance advisor-client relationship, attorney-client relationship, or financial advisory relationship. No such relationship is established until a formal written engagement agreement is executed by both parties and the Company has explicitly confirmed acceptance of the representation.

5. Solicitation Disclosure

This Site constitutes a solicitation for insurance products in the states of Maryland, Connecticut, and Delaware where the Company holds active producer licenses. The Company is not licensed to solicit or sell insurance in states where it does not hold an active producer license. Residents of unlicensed states should not submit inquiries through this Site.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF COVERAGE, COVERAGE GAPS, CLAIM DENIALS, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES.

In no event shall the Company's total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Site exceed the greater of: (a) the total amount of fees or compensation actually paid by you to the Company in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) One Hundred Dollars ($100.00).

The limitations set forth in this Section apply regardless of the legal theory under which liability is asserted, including contract, tort, negligence, strict liability, statute, or otherwise, and shall apply even if the Company has been advised of the possibility of such damages.

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (a) THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (b) THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (c) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (d) ANY INSURANCE COVERAGE WILL BE AVAILABLE, AFFORDABLE, OR APPROPRIATE FOR YOUR NEEDS.

The Company makes no warranty regarding the accuracy, adequacy, currentness, or completeness of any insurance information provided through the Site. Insurance laws, regulations, carrier offerings, and product availability change frequently. You should not rely on any information on this Site as a substitute for consultation with a licensed insurance professional.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its members, managers, officers, employees, contractors, agents, licensors, affiliates, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Site; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) any information you submit through the Site that is false, inaccurate, or misleading; (e) your infringement of any third-party intellectual property or other rights; or (f) any dispute between you and any third party, including any insurance carrier.

The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Company in the defense of such claims. You shall not settle any such matter without the prior written consent of the Company.

9. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, page design, trade names, trademarks, service marks, and software, is the exclusive property of the Company or its licensors and is protected by applicable United States copyright, trademark, and other intellectual property laws. No content from this Site may be copied, reproduced, distributed, republished, displayed, posted, transmitted, or sold in any form or by any means without the prior written permission of the Company.

10. User Conduct

You agree not to use the Site to: (a) submit false, fraudulent, or misleading information; (b) impersonate any person or entity; (c) interfere with or disrupt the operation of the Site; (d) attempt to gain unauthorized access to any portion of the Site; (e) collect or harvest any personal information of other users; (f) transmit any unsolicited commercial communications; or (g) violate any applicable local, state, federal, or international law or regulation.

11. Third-Party Links

The Site may contain links to third-party websites, including insurance carrier websites, government agencies, and other resources. These links are provided for convenience only. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. The inclusion of any link does not imply endorsement by the Company of the linked site or its content.

12. Maryland Consumer Protection Act Compliance

The Company complies with the Maryland Consumer Protection Act, Maryland Code, Commercial Law Article Section 13-101 et seq., in all marketing and consumer communications. Nothing in these Terms is intended to waive any rights you may have under the Maryland Consumer Protection Act that are non-waivable by law. All insurance solicitations and advertisements comply with Maryland Insurance Article requirements.

13. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles. Subject to the binding arbitration provision in Section 14, any legal action or proceeding arising out of or relating to these Terms or the Site that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Baltimore City, Maryland, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

14. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

14.1 Agreement to Arbitrate

Except for disputes that qualify for small claims court in Baltimore City, Maryland, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Company's services (including the validity, interpretation, enforceability, breach, performance, or termination of these Terms) shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, as then in effect. The arbitration shall be conducted in Baltimore City, Maryland, or by remote hearing if mutually agreed. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.2 Class Action Waiver

YOU AND THE COMPANY EACH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable for any claim, that claim shall be resolved in court consistent with Section 13, and not through arbitration.

14.3 Arbitration Costs

Filing fees and arbitrator fees shall be allocated in accordance with AAA rules. Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim was brought in bad faith or for an improper purpose, in which case the arbitrator may award attorneys' fees and costs to the prevailing party.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction in Baltimore City, Maryland to prevent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying dispute.

15. Severability

If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions of these Terms shall continue in full force and effect.

16. Modifications to Terms

The Company reserves the right to modify these Terms at any time in its sole discretion. Modifications become effective upon posting to the Site. Your continued use of the Site following the posting of modified Terms constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for changes.

17. Contact Information

Questions regarding these Terms of Service may be directed to:

Lotus Legacy Insurance Advisors LLC
Baltimore, Maryland
Email: info@lotuslegacy.org