Terms of Service

Five Rings Financial: Terms of Service

Agent Portal Agreement

Five Rings Financial, LLC provides an Agent Portal and CRM as a service to Five Rings Financial Active Agents. Five Rings Financial, LLC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance of any information contained within the site. While the information contained within the site is intended to be accurate and is periodically updated and subject to change on a regular basis without notice, no guarantee is given that the information provided on this site is correct, complete, and up-to-date. Although, Five Rings Financial, LLC may include links providing direct access to other Internet resources, including Web sites, Five Rings Financial, LLC is not responsible for the accuracy or content of information contained in these sites.

The information and concepts contained on this site is copyrighted and trademarked, privileged, and only for the information of the intended recipient and may not be published or redistributed without the prior written consent of Five Rings Financial, LLC. Information, including without limitation any information owned, created, or used by Five Rings Financial, Inc. Any unauthorized use of the information on this site is prohibited. The right to access said site is granted at the sole discretion of Five Rings Financial, LLC and may be, refused, cancelled, or revoked at any time with or without cause.

You understand and agree that all information, including but not limited to, all data, training materials and other documents provided via the Service are the property of Five Rings Financial, Inc. and that you are expressly prohibited from reproducing, duplicating, copying, selling, trading, reselling or exploiting such information and materials. Company and Five Rings Financial reserve the right to terminate your access at any time to the Service if either has information and/or a belief that you have engaged in prohibited conduct or otherwise improperly used the Service.

All terms and conditions provided herein will apply to free trials.

Access and use of the site is subject to these terms and conditions, as well as any applicable laws. By accessing and using this system, you agree to be bound by this Agreement.

MGA 360: Terms of Service

Last updated: October 6, 2022

TABLE OF CONTENTS
  1. DESCRIPTION OF SERVICE AND AGREEMENT OF TERMS
  2. SUBSCRIBER IDENTIFICATION
  3. SUBSCRIPTIONS AND BILLING
  4. MEMBER CONDUCT
  5. CHANGES
  6. TERMINATION
  7. PRIVACY POLICY
  8. PROPRIETARY RIGHTS
  9. DISCLAIMER OF WARRANTIES
  10. NOTICES
  11. TRADEMARKS
  12. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
  13. GOVERNING LAW
  14. SEVERABILITY
  15. LIMITATION OF LIABILITY
  16. INDEMNIFICATION
  17. ENTIRE AGREEMENT
  18. CONTACT INFORMATION
1. DESCRIPTION OF SERVICE AND AGREEMENT OF TERMS
MGA 360 (the "Company", "we", "us", or "our") provides insurance agency management system, MGA 360 (the "Service") via https://portal.fiveringsfinancial.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service").

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and the Company concerning your access to and use of the Service. You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. Any third party fees related to accessing the Service are your responsibility.

2. SUBSCRIBER IDENTIFICATION

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself when signing up for our service. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to sign up for an account or use the Service.

3. SUBSCRIPTIONS AND BILLING
FEES AND PAYMENT

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through a third-party payment processing service for purchases made via the Service. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Service.

FREE TRIAL

We may offer a 30-day free trial to subscriptions available via the Service. The account will be charged according to the chosen subscription at the end of the free trial.

CANCELLATION

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account and visiting Profile - Billing page or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at .

4. MEMBER CONDUCT

You understand that all information, data, software, music, sound, photographs, graphics, audio, video, text messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.

This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. Upload, post, email, text message, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
  2. Intentionally or unintentionally harm minors in any way;
  3. Upload, post, email, text message, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  4. Upload, post, email, text message, transmit or otherwise make available any Content or material without the right to do so under any law or under contractual or fiduciary relationships;
  5. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  7. Upload, post, email, text message, transmit or other make available any Content or material without that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  8. Upload, post, email, text message, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Interferes with or disrupts the Company's Service or servers or networks connected to the service;
  10. "Stalk" or otherwise harass another;
  11. Intentionally or unintentionally violate any applicable local, state, national or international law; and/or
  12. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 11 above.

You acknowledge that the Company may or may not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

You acknowledge, consent and agree that the Company may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Company, its users and the public.

You agree that your account is non-transferable, and this Agreement may not be assigned by you without the Company's prior written consent.

You are responsible for maintaining the confidentiality of the password and account user ID and are fully responsible for all activities that occur under your password or account user ID. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with these instructions.

You acknowledge that the Company may establish general practices and limits concerning use of the Service, but that the Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.

5. CHANGES

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Company also reserves the right to modify or replace any part of this Agreement. It is your responsibility to check this Website periodically for changes. Your continued use of or access to the Service constitutes acceptance of those changes.

6. TERMINATION

Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the Service or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account without cause and you have signed up for a fee-bearing service, we will refund the prorated, unearned portion of any amount that you have prepaid to for such service.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

7. PRIVACY POLICY

We maintain a strict customer privacy policy to safeguard your information. For more information, please review our full privacy policy at https://portal.fiveringsfinancial.com/legal/privacy. You understand that through your use of the Service, you consent to the collection of information by the Company as set forth in Privacy Policy.

Please be advised the Service is hosted in the United States. If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

8. PROPRIETARY RIGHTS

Title, ownership rights and all intellectual property rights in and to the Services shall remain the sole and exclusive property of the Company. The Company retains all rights not expressly granted to you in this Agreement.

You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Services except and only to the extent permissible by applicable law despite such prohibition.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including your account ID and password), use of the Service, or access to the Service.

9. DISCLAIMER OF WARRANTIES

You expressly understand and agree that the Service is provided "as is". The Company hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. The Company does not make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. Access to the Service via the internet is at your own discretion and risk.

10. NOTICES

The Company may provide you with notices, including those regarding updates and information about our products or changes to the Agreement by either text message, e-mail, regular mail, or postings on the Service.

11. TRADEMARKS

The MGA 360 name and logo are trademarks of the Company.

12. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

As the Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to the Company's websites infringes on your copyright, you are encouraged to notify the Company via email at . We intend to strictly follow the requirements of the DMCA. Any notice of infringement must include a notification of the claimed infringement and the following: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the website (providing URL(s) of the claimed infringing material may be sufficient to satisfy this requirement); (c) your contact information including your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the information included in the Infringement Claim is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.

The Company may terminate a subscriber's access to and use of its Service, if the subscriber is determined to have infringed the copyrights or other intellectual property rights of the Company or others. In the case of such termination, the Company will have no obligation to provide a refund of any amounts previously paid for the Service.

13. GOVERNING LAW

This Agreement and the relationship between you and the Company (collectively, the "Parties" and individually, a "Party") shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions, and the proper venue for any disputes will be the state and federal courts located in Bucks County, Pennsylvania.

In no event shall any claim, action, or proceeding brought by either Party related in any way to the Service be commenced more than one (1) year after the cause of action arose.

14. SEVERABILITY

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

15. LIMITATION OF LIABILITY

You expressly understand and agree that the Company 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 or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (a) the use or interruption of use, (b) loss or corruption of data, (c) the cost of procurement for substitute products or services, or (d) unauthorized access to or alteration of your transmissions or content. The foregoing shall not apply to the extent prohibited by applicable law.

Our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

16. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its directors, officers, employees, agents and partners from and against any and all claims and expenses, including attorney fees, arising out of your use of the Service, the Content that you submit, post, transmit or make available through the Service, or your violation of this Agreement or any law.

17. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from the Company.

18. CONTACT INFORMATION

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

MGA 360
4387 W Swamp Rd #209
Doylestown, PA 18902-1039