Understand Your Insurance Service Terms
Terms of Service (“Terms”)
Last Updated: May 12, 2025
Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the David Hernandez Insurance Agency website (the “Service”) operated by David Hernandez Insurance Agency (“us,” “we,” or “our”).
Your access to and use of the service are conditioned upon your acceptance of and compliance with these terms. These terms apply to all visitors, users, and others who wish to access or use the service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the service.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our service or a third-party service. Furthermore, you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts in our sole discretion.
Site Content
All site content, including support forum content and imagery and documentation that is published on David Hernandez Insurance Agency, or documentation or materials provided in connection with David Hernandez Insurance Agency, is the property of the David Hernandez Insurance Agency. Any replicated documentation must be authorized in advance in writing by David Hernandez Insurance Agency. Documentation shall not be used or exploited for any purpose, commercial or non-commercial, without the prior written consent of David Hernandez Insurance Agency, except as authorized by these Terms.
Feedback
If you, or anyone acting on your behalf, transmit any communications or materials to David Hernandez Insurance Agency by email, electronic submission through David Hernandez Insurance Agency (“David Hernandez Insurance Agency Website”), or otherwise, suggesting or recommending changes to Documentation, Support, Services, or any other aspect of David Hernandez Insurance Agency business, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), David Hernandez Insurance Agency is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to David Hernandez Insurance Agency, on your behalf and on behalf of your employees, contractors, and/or agents, all right, title, and interest in, and David Hernandez Insurance Agency is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the feedback for any purpose whatsoever, although David Hernandez Insurance Agency is not required to use any feedback.
Links to Other Websites
Our service may contain links to third-party websites or services that are not owned or controlled by the David Hernandez Insurance Agency.
David Hernandez Insurance Agency has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of these entities/individuals or their websites.
You acknowledge and agree that David Hernandez Insurance Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Transactional Emails
David Hernandez Insurance Agency may, on occasion, send you email notifications related to the David Hernandez Insurance Agency to the registered email address as described in Section 9. These transactional emails may include notification of changes to our Terms and Conditions and other transactional emails related to your service with David Hernandez Insurance Agency. You agree to receive these transactional emails and that these transactional emails are binding as if set forth in these Terms and Conditions.
Termination
We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the terms.
If you wish to terminate your account, you may simply discontinue using the David Hernandez Insurance Agency.
All provisions of the terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Billing
By providing a valid payment method, you authorize us to charge the specified rate on the David Hernandez Insurance Agency website to your payment method. The amount and billing date will be clearly stated on your receipt email from David Hernandez Insurance Agency.
Payment Methods
The payment method used will be stored securely with our payment processor. The payment method will not be utilized or stored for any other purposes. You are responsible for editing and keeping your payment method information current by visiting the David Hernandez Insurance Agency website.
Indemnification
You agree to defend, indemnify, and hold harmless David Hernandez Insurance Agency and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall David Hernandez Insurance Agency, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Privacy
All data we collect is used for internal purposes only. We will absolutely never sell your personal information to 3rd parties. We do not share your personal information with any 3rd parties, except those specifically contracted to fulfill the processes involved in the obtaining of insurance, billing, support, metric collection, and improvement of our services. You can read the full privacy policy here.
SMS Terms and Conditions
- SMS Consent Communication
The information (phone numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes. Mobile opt-ins or phone numbers for the purpose of SMS are not being shared with any third party or affiliate companies. - Types of SMS Communications
If you have consented to receive text messages from David Hernandez Insurance Agency, you may receive messages related to the following:- Insurance inquiries
- Quotes
- Policy updates
- Promotions or offers (if applicable)
Example: “Hello, this is a friendly reminder of your upcoming appointment with [Name] at [Location] on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time.”
- Message Frequency
Message frequency may vary depending on the type of communication.
Example: “Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status.” - Potential Fees for SMS Messaging
Standard message and data rates may apply depending on your carrier’s pricing plan. - Opt-In Method
You may opt in to receive SMS messages from David Hernandez Insurance Agency through:- Verbally, during a conversation
- By submitting an online form
- By filling out a paper form
This agreement for SMS will not be shared with third parties for marketing purposes.
- Opt-Out Method
Reply “STOP” at any time to any SMS message to opt out. Once you opt out, no further SMS communication will be sent. To opt back in, reply “START.” - Help
Reply “HELP” or call (209) 333-8080 for assistance. - Standard Messaging Disclosures
- Message and data rates may apply.
- You can opt out at any time by texting “STOP.”
- For assistance, text “HELP.”
- Message frequency may vary.
Disclaimer
Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. The service is provided without warranties of any kind.
Exclusions
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above may not apply to you.
Governing Law
These terms shall be governed by the laws of California, United States.
Changes
We reserve the right to modify or replace these terms at any time. If a revision is material, we will provide at least 15 days' notice.
By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree, you are no longer authorized to use the service.
Contact Us
If you have any questions about these terms, please contact us.
We reserve the right to alter these terms and conditions at any time for any reason. These terms may not be altered by you without the David Hernandez Insurance Agency's prior written agreement. Only David Hernandez Insurance Agency may assign these terms.