Guardwize Insurance Agency :: Terms & Conditions

Guardwize Terms of Service

Agreement Between User and GUARDWIZE INSURANCE AGENCY INC. (“GUARDWIZE”)

By accessing or using our services, including but not limited to receiving SMS communications, submitting claim information, or using our websites, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, you should not engage with our services.

Services and Websites

GUARDWIZE’s websites are comprised of various web pages operated by GUARDWIZE. These websites and services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the GUARDWIZE websites constitutes your agreement to all such terms, conditions, and notices.

Nature of GUARDWIZE’s Services

GUARDWIZE is not an insurance company. GUARDWIZE provides insurance agency services and, in some cases, acts as a vendor or service provider to insurance companies, brokers, or other entities for the intake, processing, or analysis of insurance claims. Unless explicitly identified in writing by the insurer or applicable contract as the designated adjuster on record for a particular claim, GUARDWIZE and its employees do not act as the insurance adjuster of record or the final decision-making authority regarding any claim.

GUARDWIZE does not practice law and does not provide legal advice. Any information provided by GUARDWIZE or its representatives is for general informational purposes only and is not a substitute for advice from a qualified attorney or licensed insurance adjuster acting on your behalf. No insurance policy or claim is created directly with GUARDWIZE solely by using the websites or submitting information through them, unless otherwise expressly agreed in writing by GUARDWIZE.

Legal and Content Disclaimers

The information on these sites does not constitute legal advice and is not guaranteed to be correct, complete, or up to date. Because laws and regulations change frequently and can vary depending on jurisdiction and specific facts, GUARDWIZE cannot guarantee that all information on its sites is current or applicable to your situation. If you need legal advice regarding your particular circumstances, you should consult a licensed attorney in your jurisdiction.

Links to Third-Party Sites / Third-Party Services

GUARDWIZE’s websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GUARDWIZE and GUARDWIZE is not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. GUARDWIZE is providing these links only as a convenience, and the inclusion of any link does not imply endorsement or any association with its operators.

Certain services made available via GUARDWIZE’s websites may be delivered by third parties. By using any product, service, or functionality originating from GUARDWIZE’s domains, you acknowledge and consent that GUARDWIZE may share information and data with any third party with whom GUARDWIZE has a contractual relationship to provide the requested product, service, or functionality.

Limitation of Liability

GUARDWIZE is not responsible for any loss, damage, claim, liability, or monetary compensation of any kind related to your use of its sites or any linked sites, including any errors or omissions in content, site downtime, or any services provided. This includes, without limitation, any monetary compensation, insurance refunds, or any amounts you may claim from your insurer, policy, or agents. Your use of GUARDWIZE’s sites and services is solely at your own risk.

No unlawful or prohibited use

As a condition of your use of GUARDWIZE’s websites, you warrant to GUARDWIZE that you will not use GUARDWIZE’s websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use GUARDWIZE’s websites in any manner which could damage, disable, overburden, or impair GUARDWIZE’s websites or interfere with any other party’s use and enjoyment of GUARDWIZE’s websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through GUARDWIZE’s websites.

Use of Claim service

GUARDWIZE’s websites contain an Online Insurance Claim Filing Service designed to facilitate communication regarding claim information (the “Online Service”). In certain cases, this may involve communication with GUARDWIZE personnel assisting on behalf of an insurance provider. You agree to use the Online Service only to post, send, and receive messages and materials directly relevant to the particular Insurance Claim File. By way of example, and not as a limitation, you agree that when using the Online Service, you will not:

- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

- Advertise or offer to sell or buy any goods or services for any business purpose, unless such online Service specifically allows such messages.

- Conduct or forward surveys, contests, pyramid schemes or chain letters.

- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

- Restrict or inhibit any other users from using and enjoying the Online Service.

- Violate any code of conduct or other guidelines which may be applicable for any particular Online Service.

- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

- Violate any applicable laws or regulations.

GUARDWIZE has no obligation to monitor the Online Service. However, GUARDWIZE reserves the right to review materials posted to an Online Service and to remove any materials in its sole discretion. GUARDWIZE reserves the right to terminate your access to any or all of the Online Services at any time without notice for any reason whatsoever.

GUARDWIZE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GUARDWIZE’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Online Service. GUARDWIZE does not control or endorse the content, messages or information found in any Online Service and, therefore, GUARDWIZE specifically disclaims any liability with regard to the Online Service and any actions resulting from your participation in any Online Service. Managers and operators are not authorized GUARDWIZE spokespersons, and their views do not necessarily reflect those of GUARDWIZE.

Materials uploaded to the Online Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to GUARDWIZE or posted at any GUARDWIZE website

GUARDWIZE does not claim ownership of the materials you provide to GUARDWIZE’s websites (including feedback and suggestions) or post, upload, input or submit to any GUARDWIZE website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are authorizing GUARDWIZE, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, reproduce, translate your Submission; and to publish your name in connection with your Submission.

GUARDWIZE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SMS Communication Terms of Service

By providing your consent to receive SMS communications, you acknowledge and agree to receive text messages from Guardwize Inc. at the phone number you provide. Information obtained as part of the SMS consent process will not be shared with third parties.

GUARDWIZE may contact you via SMS for claim-related communications. By opting in, you agree to receive these text messages, which may include claim-related updates, requests for information, or other relevant notifications. Message and data rates may apply, and message frequency may vary. SMS Opt-In or phone numbers with the purpose of SMS will not be shared or sold to any third party. You can manage your communication preferences at any time in your account settings and by contacting GUARDWIZE by email at claims@guardwize.com. Opting for SMS communication could improve the efficiency and turnaround time of your claim, especially when prompt exchange of pictures or documents is needed.

Types of SMS Communications
If you have consented to receive text messages, you may receive SMS communications related to the following:

Customers and Carriers: Updates regarding your claims and other claim-related relevant information, such as missing move documents.

Example message to carriers: “Hi xxx this is xxx with GUARDWIZE, Attached please find the detailed settlement paid to your customer (name and Claim ID noted above). Please print the attached form for your records. To opt out at any time, reply STOP.“

Example message to customers: “Hi Mr. xxx please send me the pictures for the damaged sofa to this number and i will upload it to your claim and a copy of the bill of lading associated with your claim. To opt out at any time, reply STOP.”

Standard Messaging Disclosures

- Message frequency may vary.

- Message and data rates may apply. Standard messaging rates will be charged by your mobile service provider.

- You can opt-out of receiving SMS messages at any time by texting “STOP” to the number from which you received the message.

- For assistance, text “HELP” or visit our https://guardwize.com/privacy-policy/ and https://guardwize.com/terms/.

5. Privacy
We respect your privacy and will only use the information you provide to communicate with you via SMS as outlined above. Your personal data will not be shared with third parties unless required by law or as necessary to deliver the requested service.

Modification of these terms of use

GUARDWIZE reserves the right to change the terms, conditions, and notices under which the GUARDWIZE websites are offered, including but not limited to the charges associated with the use of GUARDWIZE’s websites.

By continuing to engage with our services, you agree to be bound by any changes to these terms.

Liability disclaimer

THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GUARDWIZE’S WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GUARDWIZE AND/OR ITS REPRESENTATIVES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN GUARDWIZE’S WEBSITES AT ANY TIME. ADVICE RECEIVED VIA GUARDWIZE’S WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

GUARDWIZE AND/OR ITS REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS CONTAINED ON GUARDWIZE’S WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GUARDWIZE AND/OR ITS REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, CLAIM INFORMATION OR RESULTS, MOVER LIABILITY, COVERAGES, PAYMENTS DUE FROM MOVER, INCLUDING ALL IMPLIED LIABILITIES, WARRANTIES OR CONDITIONS OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUARDWIZE AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, LOSS, COMPENSATION, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF GUARDWIZE’S WEBSITES OR SERVICES, WITH THE DELAY OR INABILITY TO USE GUARDWIZE’S WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH GUARDWIZE’S WEBSITES OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF GUARDWIZE’S WEBSITES OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GUARDWIZE OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES VERBALY OR IN WRITING. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF GUARDWIZE’S WEBSITES OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GUARDWIZE’S WEBSITES AND SERVICES.
Service Contact: claims@guardwize.com

Termination/access restriction

GUARDWIZE reserves the right, in its sole discretion, to terminate your access to the GUARDWIZE’s websites and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to the use of GUARDWIZE’s Services and websites. Use of GUARDWIZE’s websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, agency relationship, contract exists between you and GUARDWIZE as a result of this agreement or use of GUARDWIZE’s websites. GUARDWIZE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GUARDWIZE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of GUARDWIZE’s websites or information provided to or gathered by GUARDWIZE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GUARDWIZE with respect to GUARDWIZE’s websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and GUARDWIZE with respect to GUARDWIZE’s websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and trademark notices

Notices and procedure for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.