Terms of Service
The Provant Group, LLC Terms of Service and Other Notices
Last updated: August 30, 2024
Acceptance
Please read these terms and conditions (“Terms”) of use carefully before using or obtaining any materials, information, or services through this site. The Provant Group, LLC, an Illinois limited liability company (“Provant,” “we,” or “us”) provides access to and use of this website and our mobile application (“Site” or “Website”) subject to your acceptance of these terms and conditions. References to “you” in these Terms means you, your duly authorized representatives and any entity you may represent in connection with your use of our Services (as defined herein).
By accessing, using, or obtaining any data, materials, information, products, services, or other content (collectively, “Content”) through this Site, you acknowledge that you have read and understand these Terms and agree to abide by them. If you do not accept or understand all of these Terms, do not access or use this Site and cease your current access. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the last updated date will constitute your acceptance of and agreement to such changes. The term “Services” means, collectively, this Site, various websites, applications, widgets, information, chatbots, services, email notifications and other media, or portions of such media, through which you have accessed these Terms.
Intellectual Property Rights and Trademarks
Provant and its content providers (“Content Providers”) own and have copyrights on this Site and all of the Content, which is protected by United States copyright laws and treaties. The information, materials and other content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, sold, or otherwise used for public or commercial purposes, in whole or in part, without the express prior written consent of Provant. Trademarks, logos, and service marks displayed on this Site (“Marks”) are the registered or common law Marks of Provant or its Content Providers. Your use of and access to this Site does not grant you any license or right to use any of the Marks. You may not use any technological means such as robots, spiders, or other devices to monitor Content available through this Site.
Insurance Services; Licensing
Provant and its affiliates are licensed as independent insurance brokers or agents in various states, not insurance providers. The terms and conditions of any insurance product offered to you are determined solely by the insurance carriers and their underwriting, and not by Provant. Except as otherwise set forth herein, we receive compensation based on the premiums for the insurance policies that we sell. This Site is not intended as a solicitation for insurance in any state or province where Provant or its affiliates are not licensed.
Our Services include content, tools, links and recommendations intended to provide you with decision support related to insurance. All information provided to you through your use of this Service is provided for general informational and educational purposes. The Services may also include our preparation of quotes and brokering and transacting of sales to you of third-party insurance products. We do not underwrite any insurance policy made available to you through the Services. Any insurance policy premium quotes or ranges displayed on the Site or through the Services are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application.
Your use of certain Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable third-party insurance carriers. Any third-party insurance products purchased by you through the Site are subject to the terms and conditions of the applicable insurance carrier. In the event of a conflict between these Terms and the terms of any such other terms, the terms of such other terms will control.
Not all of the products or services described on the Site are available in all areas of the United States and you may not be eligible for them. We reserve the right to determine eligibility. By accessing or using our Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, please do not access the Site or otherwise use our Services or any information contained herein.
The terms and conditions of any insurance product offered to you are provided by the applicable insurance carriers based on their underwriting and may vary based on a number of factors solely as determined by the insurers. We don’t provide advice or endorse insurance products or insurance carriers that appear on our website or other communication channels. As a result, it is your sole discretion whether to take out a policy based on a quote you get through our Services and to make sure the policy that is of interest to you meets your specific needs.
Use
Subject to these Terms and our policies (including policies made available to you with the services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use the Site and our Services, provided that: (i) you will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.: (iii) you will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Services; and (v) you will comply with these Terms.
You acknowledge that (i) the Site contains proprietary information including third party proprietary information, that is protected by law; (ii) we may block, suspend or terminate your use of the Site for your failure to adhere to the Terms; (iii) your ability to use of some features of the Site will cease upon termination of your corresponding insurance policy. Using our Services does not give you ownership of any intellectual property rights in our services or the content you access (other than your User Content), which shall remain with us and our respective licensors.
By using this Site you warrant that you are at least 18 years of age and can enter into binding contracts for insurance or other goods. If you are less than 18 years of age you may not use this Site.
You are responsible for maintaining the confidentiality of any passwords, login names, or other information associated with your use of this Site. You may not use this Site for any false or fraudulent purpose. You are also forbidden from using this Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not use any device, software, or routine that interferes or attempts to interfere with the normal operation of this Site or take any action that imposes an unreasonable load on Provant’s computer equipment. You may not use this Site for any commercial, financial or other similar purpose without the express prior written consent of Provant. Finally, you may not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms. Provant reserves the right, at any time and without advance notice or liability, to terminate your access to this Site or any component therein.
License Grant by You to Provant
By uploading User Content, you are granting Provant a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Provant to perform its services. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Provant to make such User Content available to, and pass these rights along to, others with whom Provant has contractual relationships related to the provision of the Provant service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Provant determines such access is necessary to comply with its legal obligations.
Billing and Payments
Unless otherwise agreed to between you and us, billing for Products and Services will be by direct billing by the carrier (“Direct Billing”) or you will be invoiced by us (“Agency Billing”). The manner of billing will either be determined by the carrier or us.
Direct Billing
If billing is by Direct Billing, then the carrier will invoice you for the amount of the insurance premiums (or other payments) pursuant to the terms and conditions of your policy and such carrier or insurance provider’s terms and conditions and you will pay the carrier directly. As a courtesy, We may assist You in providing your payment information to the carrier for certain types of insurance products. We would provide this assistance by collecting such payment information from You and providing it to the carrier through their website or by phone on your behalf. Any payment information that you provide to us is deleted by Us after We transmit it to the carrier on your behalf. Any commission or similar payment that we receive relating to your premium or other payment will be paid to us by the carrier or its designee.
Agency Billing
If Agency Billing is used, we will periodically issue you an invoice for the amount of the insurance premiums (or other payments) pursuant to the terms and conditions of your policy. You will then pay Us the invoiced insurance premium, and then we will remit the insurance premium to the carrier on your behalf. Except for commissions or fees that we may invoice to you directly, any amounts paid to us for insurance premiums will be held in a segregated trust account before being transmitted to the carrier or insurance provider. If we do not receive a commission or fee relating to your insurance premium from you, then such commission or fee will be paid to us by the carrier or its designee.
You may pay us in one of the following ways:
- By credit card or ACH through EpayPolicy, which is a third-party payment provider. The terms of Your use of EpayPolicy is governed by EpayPolicy’s terms and conditions, which may be accessed here.
- You may also pay us directly by ACH or Electronics Fund Transfer (ETF). If you choose to pay us directly by ACH or ETF, you warrant that you are authorized to use such ACH or authorize such ETF for bank transfers for this purpose. Should you initiate an ACH or ETF without authorization, in whole or in part, you will be responsible for any outstanding balance or any damage or injury to Us, and we may alert the appropriate authorities of your misuse.
- By mailing a check to the address set forth on your invoice.
Premium Financing
You may choose to seek financing for your insurance premium payments through a premium finance company. We do not provide premium financing, but We may assist You by finding premium financing through a premium financing company. We are not affiliated with any of the premium finance companies, but we are paid a commission for any premium finance loans arranged through Us. We are not a lender. We do not take credit applications; originate, service, or make loans or credit decisions; or issue commitments or lock-in agreements. Our services in arranging insurance premium financing are only administrative. If you choose to finance your premium through a premium finance company that we arrange, the premium finance company will pay to Us the amount of your premium and we will then pay the premium to your carrier. You will then pay the premium finance company directly pursuant to the term of your premium finance agreement. The terms and conditions of the premium finance agreement are determined by the premium finance company.
Late Payments and Fees
If any payment due to us under Agency Billing is not received by the specified due date, we reserve the right to charge a late fee. The amount of the late fee will be determined by us in our sole discretion and will be communicated to you at the time of the charge. Late fees will accrue from the original due date until the full amount is paid.
In the event that any payment made by check to us is returned due to insufficient funds, a stop payment, or any other reason, we reserve the right to charge a returned check fee. The amount of this fee will be determined by us in our sole discretion and will be communicated to you at the time of the charge. This fee will be in addition to any late fees that may accrue as a result of the delay in payment. By using our Services, you agree to pay all applicable fees as described in this clause. We may attempt to collect any unpaid amounts using the payment method on file, and you authorize us to charge such amounts to the designated payment method. The specific amounts for late fees, returned check fees, and other applicable charges may be listed on a separate fee schedule, which we reserve the right to update from time to time. Any updates to the fee schedule will be effective upon posting, and continued use of our services after such posting constitutes acceptance of the updated fees.
Audit
From time to time, an insurance carrier or provider may conduct or require an audit of You or Your business. We do not audit our clients and we do not perform audits on behalf of any insurance carrier or provider. If an insurance carrier or provider conducts or requires an audit, We may assist You as we agree upon at the time in our sole discretion.
Unauthorized Use
You agree not to use the Services or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Notice; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith.
By using the Services you agree not to: (i) create an account for anyone other than yourself (unless you represent a company, organization, legal entity or brand); (ii) verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise threaten to harm any employee or agent of the company; (iii) attempt to use another person’s account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users’ or third party’s information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl,” “cache,” “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; (xxii) interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software; and/or (xxiii) otherwise violate these Terms.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. By using the Site, you consent to all actions taken by us with respect to your information and personal data in compliance with our Privacy Policy.
Electronic Transmissions
You voluntarily agree to have all records, including your current and future insurance related documents, provided to you in electronic form. Insurance related documents include, but are not limited to:
- Your insurance policy and all documents, notices and correspondence related to your insurance policy. This could include ID Cards, applications, amendments, endorsements, illustrations, questionnaires, disclosures, and reports;
- Bills, billing notices, payment schedules or any other correspondence related to premium payments;
- Claim notices, disclosures, status letters, forms, and correspondence concerning a claim that arises under your policy or involves you as an insured and/or claimant;
- Legally mandated policies, notices, and disclosures to inform you of our business practices, including notices related to our collection, storage, use, and disclosure of your personal information; and
- Any other documents related to your insurance transactions with us.
We will use various methods to provide communications to you electronically, including via e-mail or through our website. For this second option, you may need to log-in to access the information.
This consent, unless withdrawn, applies to all transactions between you and Provant. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form at no charge.
To withdraw your consent, you can email us any time at info@provantgroup.com with the following subject line “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, the start date of the policy, named insured’s date of birth, the effective date of your withdrawal and whether you want (a) all communications to be in paper form or (b) your insurance policy to be sent to you in paper form.
To change or correct your email address, you can email us at info@provantgroup.com with the following subject line “EMAIL ADDRESS UPDATE”. The body of the email must include your name, policy number, the start date of the policy, named insured’s date of birth and the updated email address. Note our website address is www.provantgroup.com.
Links to Third-Party Websites
Our Site may contain links to other sites on the World Wide Web. When you access a link that takes you to an unaffiliated website, a “pop-up” screen will appear indicating that you are leaving this Site. Links to outside sites do not constitute or imply endorsement by Provant of the linked site or any material contained within, and we are not responsible or liable for the information contained, or any products or services offered, on such other sites. In addition, we will not and cannot censor or edit the content of any third-party site. If you access any third party’s website, service, or content from our Services, you do so at your own risk. By using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we strongly encourage you to be aware when you have left the Site and to read the terms and conditions and privacy policy of every website that you visit.
Insurance Fraud Warnings
California
Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
Colorado
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. penalties may include imprisonment, fines, denial of insurance, and civil damages. any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
Florida
Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.
Indiana
A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.
New York
Any person who knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation.
Ohio
Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
Tennessee
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. penalties include imprisonment, fines and denial of insurance benefits.
Texas
Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
All other States
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines, or confinement in prison, or any combination thereof.
Products/Quotations
Under no circumstances should you regard any information you may access in this Site as a recommendation, advice, or complete description of any products, service, or plan. Application for an insurance quotation through this Site does not constitute a binder of insurance coverage or the reporting of a claim. The application may be used by Provant to provide an estimate of the terms, conditions, and costs of coverage. A quotation may be subject to receipt of additional information or other conditions. Insurance coverage is provided by various insurance companies and is subject to the terms and conditions of the policies. Circumstances vary and Site visitors must carefully review their own insurance policies and consult with their insurance advisors.
Do not rely on our Site for your financial decisions. The content on the Provant website, and other content is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Disclosure
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.
Disclaimer of Warranties
PROVANT AND ITS PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR THE CONTENT. THIS SITE AND CONTENT ARE PROVIDED “AS-IS”. PROVANT EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THIS SITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. PROVANT FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF ANY OF THE CONTENT ON THIS SITE, AND FURTHER EXPRESSLY DISCLAIMS LIABILITY RESULTING FROM OR ARISING OUT OF ANY ERRORS OR OMISSIONS CONTAINED IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THIS SITE. PROVANT AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW. (b) PROVANT DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVANT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT FOR ANY DAMAGES RESULTING FROM A DATA BREACH RELATED TO THE PERSONAL DATA COLLECTED BY THE SITE, PROVANT, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF PROVANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) PROVANT’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Notwithstanding the limitations set forth herein and below, insurance coverage under your insurance policy is determined solely by the terms, conditions, exclusions and limitations of your insurance policy and applicable law.
Limitation of Liability
IN NO EVENT NO EVENT SHALL PROVANT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
PROVANT’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT OF COMMISSIONS PROVANT RECEIVES FROM YOU OR THE INSUARANCE CARRIER FOR OR RELATED TO THOSE CURRENT SERVICES YOU HAVE PURCHASED THROUGH OUR SITE WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURANCE OF THE FACTS GIVING RISE TO SUCH CLAIM.
Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of the Services or this Site; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account; (iv) your violation of any applicable law; or (v) your negligence or willful misconduct. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Cautionary Note on Forward-Looking Statements
This Site contains press releases and other written statements issued by Provant and may include forward-looking statements which reflect the current views of Provant with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and other factors that could cause actual results to differ materially from such statements. The words “believe,” “expect,” “anticipate,” “project,” “plan,” and similar expressions identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements that speak only as of their dates. Provant undertakes no obligation to publicly update or revise any forward-looking statements, whether written or oral, that may be made from time to time, whether as a result of new information, future developments or otherwise.
Assignment
Provant reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
Miscellaneous
These Terms are governed by the laws of the State of Illinois, excepting its conflicts of law principles. Subject to and unless we select arbitration pursuant to the arbitration provision below, any dispute arising out of this Site shall be subject to the exclusive venue of a court of competent jurisdiction sitting in Chicago, Illinois. The headings in these Terms are for convenience and reference and shall have no legal effect. Any failure by Provant to act with respect to you or another person’s breach of these Terms will not constitute a waiver with respect to future or similar breaches. If a court or arbitrator finds any of these Terms to be unenforceable or invalid, such Term(s) deemed unenforceable or invalid will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. These Terms, together with those items incorporated by reference, constitute the entire agreement between you and Provant relating to your use of the site and replaces any prior oral or written understandings or agreements.
Arbitration
At Provant’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.
Consumer Complaints
If you have any questions, complaints or claims with respect to the Site, please contact us at: info@provantgroup.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Revisions
We reserve the right to discontinue or modify any aspect of the Services at any time without notice to you, unless notice is otherwise required under applicable law. We also reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms from time to time, which modification will be effective upon the posting of the modification to the Site, and will apply to causes of action arising after the effective date of the change. If the date displayed is later in time than your last visit, you must re-read these Terms. You should continue to check the Site for changes, as they are binding on you. Your continued use of the Site or our services following the posting of changes to these Terms will mean that you accept and agree to those changes. Your continued use of this Site after the date of the last revision indicates your acceptance of any revisions.
These Terms were last revised on August 30, 2024.
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