Terms of Service

TERMS OF SERVICE

Pivot Insurance Solutions LLC d/b/a Pivot Brokerage

Please read these Terms of Service (“Terms”) carefully before using the Pivot Insurance Solutions LLC d/b/a Pivot Brokerage (the “Company”) Resources (as defined below), applying to become an insurance agent for the Company, or otherwise seeking affiliation with the Company.

PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS. THEY CONTAIN LIMITATIONS OF LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

1. Use of Resources

Your use of the Company’s website, any customer relationship management software or agent portal made available by the Company (including any such tools introduced in the future), or your receipt of any commissions or other compensation from any insurance carrier affiliated with the Company (collectively, “Resources”) is conditioned on your acknowledgement, agreement, and compliance with these Terms. These Terms apply to all insurance agents who sell or market any products through their affiliation with the Company or in connection with use of any of the Resources.

By using the Company’s Resources, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must immediately notify the Company and discontinue your relationship with the Company.

All Resources are provided “as is.” The Company makes no warranties, express, implied or otherwise, regarding the accuracy, completeness, or performance of any Resource.

2. Outbound Communications and Compliance with Law

In connection with your activities pertaining to the marketing and sale of insurance products that involve the Company in any way (including any use of the Company’s trademarks or any Resource), you agree that you will not:

• use (or engage others to use on your behalf) any automatic telephone dialing system, autodialer, spam text, prerecorded message, artificial voice call, or telemarketing service;

• purchase or use leads that have been generated using any automatic telephone dialing system, autodialer, spam text, prerecorded message, artificial voice call, or telemarketing service;

• contact any prospective client without evidence of proper consent or, if no consent exists, without screening against the federal Do-Not-Call (“DNC”) Registry and any applicable state DNC list;

• contact any individual who has requested to opt out of communications; or

• contact prospective clients or use the Resources in any way that violates any federal or state law, including, without limitation, marketing laws, the Telephone Consumer Protection Act of 1991 (“TCPA”), the Telemarketing Sales Rule (“TSR”), the CAN-SPAM Act, the Health Insurance Portability and Accountability Act (“HIPAA”), and the California Consumer Privacy Act (“CCPA”), as well as any comparable state privacy or insurance marketing laws applicable in the states where you are licensed.

The Company does not currently generate, sell, or provide leads to agents. If the Company begins offering leads in the future, additional terms governing their use will be provided separately and will supplement these Terms.

3. Communication with Agent

As an agent, you authorize the Company to contact you in connection with the sale of insurance products and your affiliation with the Company. The Company may contact you by phone, email, text, voicemail, or other methods. You may opt out of communications by communicating your preference to opt out to the Company.

4. Independent Contractors

Except for employee agents (if any), the Company’s agents are independent contractors of the Company and are not employees of the Company. Non-employee agents have the right to determine the method, manner, and means by which they perform their services. Nothing herein shall be construed to create a partnership, joint venture, or an agency relationship between non-employee contractors and the Company.

5. Trademarks

The Company’s name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans referenced on the Company’s website are the trademarks of their respective owners.

6. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Resources, including your violation of law.

7. Limitation on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY (OR ITS EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RESOURCES, REGARDLESS OF LEGAL THEORY, AND EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE RESOURCES, SHALL AT ALL TIMES BE LIMITED TO THE GREATER OF $1,000 OR THE AMOUNTS PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE RESOURCES.

8. Governing Law and Dispute Resolution

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Resources, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

You and the Company agree that the state and federal courts located in Monroe County, New York shall have exclusive jurisdiction and venue over any such dispute, and each party consents to the personal jurisdiction of such courts and waives any objection based on venue or inconvenient forum.

9. Waiver and Severability

The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

10. Contact

Questions about these Terms may be directed to the Company through the contact information provided on the Company’s website.

Last updated: 9/13/2026