Terms and Conditions
Last updated January 2024
Acceptance of Terms.
By accessing the website for Brokerage Solutions LLC (“Brokerage Solutions”) (the “Website”), you agree to be bound by the following terms and conditions of use (the “Terms”) without limitation or qualification. Please direct any questions about these Terms or any other questions or problems with this website to info@Brokeragesolutions.com.
Informational Purposes Only.
The content on this Website is provided for informational purposes only. It is not intended to be a substitute for professional advice, including but not limited to financial, legal or insurance advice. Brokerage Solutions recommends consulting with a qualified professional for personalized advice.
Eligibility.
You must be at least 18 years old to use this Website. By using the Website, you represent and warrant that you are at least 18 years old.
Privacy.
Please review our Privacy Policy to understand how we collect, use and disclose information. Your access and use of the Website indicates your unqualified acceptance of such Privacy Policy.
Telephonic Communications and Agreement to be Contacted
You acknowledge that telephone calls to or from Brokerage Solutions or its affiliates may be monitored and recorded, and you agree to such monitoring and recording. You verify that any contact information provided to Brokerage Solutions, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect by mail at Attention: Brokerage Solutions, 2001 Market Street, Suite 2500, Philadelphia, PA. 19103, or email at info@Brokeragesolutions.com.
You acknowledge that by voluntarily providing your telephone number(s) to Brokerage Solutions, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us and/or our third-party service providers, including alerts about your relationship with Brokerage Solutions, and other products or services offered by Brokerage Solutions or its affiliates. You also agree that Brokerage Solutions may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you directly at any time or obtained through other lawful means, such as caller ID capture. You affirmatively acknowledge and agree that Brokerage Solutions or its affiliates may call or text you even if your telephone number is registered on any state or federal Do Not Call list. You may incur charges for these calls or text messages from your telephone carrier. Brokerage Solutions and its affiliates are not responsible for these charges.
You may opt-out of automated calls or text messages at any time. [To opt-out of text messages, reply STOP to any text message. For additional information, reply HELP to any text message or contact (215) 242-7505.] To opt-out of automated voice calls (but not text messages), you must: (i) provide us with written notice revoking your consent; (ii) include in such written notice your full name, mailing address, and the specific phone number(s) for which you wish to cease telephonic communications; and (iii) send this written notice to Attention: Brokerage Solutions, 2001 Market Street, Suite 2500, Philadelphia, PA. 19103, or email at info@Brokeragesolutions.com. Please allow up to thirty (30) days to process any opt-out request.
The participating carriers in Brokerage Solutions’ text messaging program include (but are not limited to) AT&T, Sprint, Verizon Wireless, U.S. Cellular, T-Mobile, and MetroPCS. Brokerage Solutions may add or remove any wireless carrier from this service at any time without notice. Brokerage Solutions, its affiliates, and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS CERTAIN RIGHTS INCLUDING, BUT NOT LIMITED, TO THE RIGHT TO BRING AN ACTION IN COURT, TO SEEK TRIAL BY JURY, AND TO BRING CLASS ACTIONS.
Any claim, dispute, or controversy arising from or relating to your relationship with Brokerage Solutions or its affiliates, whether in contract, tort, pursuant to statute, regulation, ordinance, or in equity or otherwise, wherever and by whomever commenced (“Claim”), shall, upon delivery of a written notice demanding arbitration to the other party (including a written notice after the commencement of a lawsuit or a notice contained in court filings in any such lawsuit), be resolved by binding arbitration on an individual (not class) basis only. Such arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (and not any state law concerning arbitration), these Terms, and the applicable rules of JAMS–excluding any rules pertaining to class arbitration, and subject to any modifications of those rules by this Arbitration Agreement–in effect at the time of the written notice demanding arbitration. In the event of a conflict between JAMS rules and this Arbitration Agreement, this Arbitration Agreement shall control. In the event of a conflict between this Arbitration Agreement and another potentially applicable contractual arbitration provision, this Arbitration Agreement shall control. The arbitrators shall not apply any arbitration provision other than this Arbitration Agreement in administering any arbitration concerning Claims falling within the scope of this Arbitration Agreement. The term “Claim”, as used in this Arbitration Agreement, is to be given the broadest possible meaning, and includes without limitation claims, disputes, or controversies arising from telephone, email, text or written communications from Brokerage Solutions or its affiliates. Any dispute regarding arbitrability, including the permissibly of class arbitration, however, shall be resolved by a court of competent jurisdiction, and not in arbitration. For avoidance of doubt, all disputes regarding the availability of classwide or consolidated arbitration shall be resolved in court and not in arbitration, regardless of the posture under which such disputes arise.
YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL IN ARBITRATION. DISCOVERY AND RIGHTS TO APPEAL GENERALLY ARE MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT, AND OTHER RIGHTS APPLICABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
THE ARBITRATION AGREEMENT IS FULLY BINDING IN THE EVENT THAT A CLASS ACTION OR SIMILAR LAWSUIT OR CLASS ARBITRATION IS FILED IN WHICH YOU WOULD BE A CLASS REPRESENTATIVE OR MEMBER, OR WOULD ACT IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU AGREE THAT THERE SHALL BE NO CLASS OR CONSOLIDATED ARBITRATION OF ANY CLAIM, AND YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE OR LITIGATE IN A CLASS ACTION.
JAMS will be used for the purposes of administering an arbitration governed by this Arbitration Agreement. The website containing applicable rules for JAMS is www.jamsadr.com. The arbitration will be decided by one (1) arbitrator, who must be a lawyer with more than ten (10) years of experience or a retired judge.
Arbitrations seeking relief less than $100,000 in the aggregate will be held within the federal judicial district encompassing the city where you reside. Arbitrations seeking relief of $100,000 or more in the aggregate will be held in Philadelphia, Pennsylvania.
Brokerage Solutions will pay the first $2,500.00 in fees charged by the arbitration administrator for Claim(s) associated by you in the arbitration, after you have paid an amount equivalent to the fee, if any, had such Claim(s) been filed in state or federal court (whichever is less) in the judicial district in which you reside or are located. Thereafter, the parties to the arbitration shall share the arbitration fees equally, which amounts shall not be recoverable in the arbitration. Each party to the arbitration shall be responsible for its own attorney, expert, and other fees.
Consistent with the individual (not class) nature of the arbitration for which this Arbitration Agreement provides, there shall be no discovery in such arbitration of the name or other identifying information of any insured or policy owner. Nor shall there be discovery in such arbitration of any trade secret, or any document or information pertaining to one or more transactions in which you were not directly involved. The arbitrator shall apply the Federal Rules of Civil Procedure and Federal Rules of Evidence, except that in the event of a conflict between any of those rules and this Arbitration Agreement, this Arbitration Agreement shall control.
If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the Arbitration Agreement; provided, however, that if the prohibition on classwide arbitration is deemed invalid or unenforceable–an issue that may be considered only in a putative class proceeding–then this entire Arbitration Agreement shall be null and void.
Warranty Disclaimer
The information on this Website is provided “as is” without any warranties, express or implied. Brokerage Solutions does not warrant that the Website will be error-free, uninterrupted, or free from viruses, and you accept any risk of your use of this Website.
Limitation of Liability
In no event shall Brokerage Solutions be liable for any direct, incidental, special, punitive or consequential damages arising out of or in any way connected with your use of the Website.
Intellectual Property
Copyright © 2024 Brokerage Solutions LLC, 2001 Market Street, Suite 2500, Philadelphia, PA. 19103, U.S.A. All rights reserved. The content on this Website, including text, graphics, logos and images, is the property of Brokerage Solutions and is protected by intellectual property laws. The disclosure or use of any content on this Website shall not be construed as granting to you either a license, under any patent, patent application, copyright, trademark or otherwise, or any right of ownership in such content. You may not reproduce, distribute, or display any part of the content without our prior written consent.
Amendment
Brokerage Solutions reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after any changes signifies your acceptance of the revised Terms.
Termination
Brokerage Solutions may terminate your access to the Website for any reason, without prior notice.
Governing Law
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law.
