TERMS AND CONDITIONS
Last updated July 10, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Ellis Insurance Agency ("Company," "we," "us," or "our"), an independent insurance agency.
We operate the website located at
https://insurewithellis.com/
and any related insurance inquiries, quote requests, appointment requests, contact form submissions, text message communications, and related services that refer or link to these legal terms (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ellis Insurance Agency, concerning your access to and use of the Services. By accessing the Services, requesting information, submitting an insurance inquiry or quote request, opting into text messages, scheduling an appointment, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will update the "Last updated" date of these Legal Terms when changes are made. It is your responsibility to review these Legal Terms periodically to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and accepted, changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided through the Services is for general informational and business purposes. Ellis Insurance Agency provides information about insurance products and services, assists with insurance inquiries, facilitates quote requests, and helps individuals and businesses connect with licensed insurance professionals.
Information available through the Services does not constitute a binding insurance quote, insurance contract, guarantee of coverage, or professional legal, tax, or financial advice. Insurance coverage is subject to carrier underwriting, eligibility requirements, policy terms, exclusions, limitations, availability, and approval.
Any quote, estimate, premium indication, coverage description, or policy information provided through the Services, by phone, by email, or by text message is preliminary unless confirmed in a written insurance policy or binder issued by an authorized insurance carrier. Final premiums, deductibles, limits, terms, and coverage availability may vary based on underwriting information, carrier requirements, claims history, property or vehicle details, business operations, requested coverage, and other risk-specific factors.
Submission of an inquiry, quote request, application, or other information does not bind coverage or create an insurance contract. Coverage becomes effective only when confirmed in writing by an authorized insurance carrier or licensed insurance representative and when all applicable conditions have been satisfied.
Insurance products and services may not be available in every jurisdiction. Ellis Insurance Agency primarily provides services in West Virginia, Ohio, Kentucky, Tennessee, South Carolina, and North Carolina, subject to licensing, carrier availability, and applicable law.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, website designs, text, photographs, videos, graphics, logos, and trademarks contained in the Services (collectively, the "Content" and the "Marks").
The Content and Marks are protected by copyright, trademark, and other intellectual property laws. The Content and Marks are provided in or through the Services "AS IS" for your personal or internal business use only.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purposes.
Except as set out in this section or elsewhere in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our prior written permission.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- you have the legal capacity and agree to comply with these Legal Terms;
- all contact, insurance inquiry, quote request, appointment, and opt-in information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update it as necessary;
- you are authorized to provide any information submitted concerning yourself, another individual, property, a vehicle, or a business;
- you will not access the Services through automated or non-human means unless specifically authorized by us;
- you will not use the Services for any illegal or unauthorized purpose; and
- your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your use of the Services, decline to process your request, or refuse current or future use of the Services.
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- systematically retrieve data or other content from the Services to create a collection, compilation, database, or directory without our written permission;
- trick, defraud, or mislead us, an insurance carrier, or another user;
- submit false, fraudulent, misleading, or materially incomplete information in connection with an insurance inquiry, quote request, application, claim, or policy;
- circumvent, disable, or otherwise interfere with security-related features of the Services;
- disparage, tarnish, or otherwise unlawfully harm us or the Services;
- use any information obtained from the Services to harass, abuse, or harm another person;
- make improper use of our support services or submit false reports of abuse or misconduct;
- use the Services in a manner inconsistent with applicable laws or regulations;
- engage in unauthorized framing of or linking to the Services;
- upload or transmit viruses, malware, or material that interferes with the uninterrupted use and enjoyment of the Services;
- engage in unauthorized automated use of the system, including scraping, bots, or scripts;
- attempt to impersonate another user or person or use false identifying information;
- attempt to bypass measures designed to prevent or restrict access to the Services; or
- use the Services or Content as part of an unauthorized revenue-generating or competitive endeavor.
5. USER GENERATED CONTRIBUTIONS
The Services do not primarily offer users the ability to publicly post content. However, we may allow you to submit reviews, testimonials, comments, messages, photos, feedback, insurance inquiries, quote requests, or other materials to us directly or through the Services (collectively, "Contributions").
Contributions may be viewable by us and, if you separately authorize us to use them, may be used on our website, social media, or other business materials. By creating or making available any Contributions, you represent and warrant that:
- you own or have the necessary rights and permissions to submit the Contributions;
- the Contributions do not violate the privacy, publicity, copyright, trademark, or other rights of a third party;
- the Contributions are not false, misleading, unlawful, defamatory, obscene, or otherwise objectionable; and
- the Contributions do not contain malicious code, spam, or unauthorized advertising.
6. CONTRIBUTION LICENSE
By submitting Contributions to us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, store, and process those Contributions as reasonably necessary to respond to your inquiry, operate the Services, provide requested assistance, comply with legal obligations, and improve our business.
We will not publicly use your name, image, testimonial, or other Contribution for advertising or promotional purposes without appropriate authorization. You retain ownership of your Contributions and remain responsible for the accuracy and legality of information you submit.
7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- monitor the Services for violations of these Legal Terms;
- take appropriate legal action against anyone who violates the law or these Legal Terms;
- refuse, restrict access to, limit the availability of, or disable any portion of the Services in our sole discretion;
- remove files or content that are excessive, harmful, unlawful, or burdensome to our systems; and
- otherwise manage the Services in a manner designed to protect our rights and facilitate proper operation of the Services.
8. TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING BREACH OF THESE LEGAL TERMS OR APPLICABLE LAW.
We may terminate or suspend your use of the Services, requests for assistance, or communications with us at any time in our sole discretion. If we terminate or suspend your use of the Services, you are prohibited from attempting to access the Services through a false identity or unauthorized method.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason in our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, maintenance, network, or other problems resulting in interruptions, delays, or errors. We are not liable for loss, damage, or inconvenience caused by an inability to access or use the Services during downtime or discontinuance.
10. GOVERNING LAW
These Legal Terms shall be governed by and interpreted according to the laws of the State of West Virginia, without regard to conflict-of-law principles.
11. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and reduce the cost of any dispute, controversy, or claim related to these Legal Terms or the Services (each, a "Dispute"), the parties agree to first attempt to negotiate the Dispute informally for at least thirty (30) days before initiating legal action. Informal negotiations commence upon written notice from one party to the other.
Exclusive Venue
Any legal action arising out of or relating to these Legal Terms or the Services shall be brought exclusively in the state or federal courts located in or serving Kanawha County, West Virginia, and each party consents to the jurisdiction of those courts.
Restrictions
To the fullest extent permitted by law, each party agrees that any Dispute shall be brought on an individual basis only and not as a plaintiff or class member in a purported class, consolidated, representative, or collective action.
12. CORRECTIONS
Information on the Services may contain typographical errors, inaccuracies, or omissions, including insurance product descriptions, preliminary pricing, coverage information, carrier availability, and other information. We reserve the right to correct errors, inaccuracies, or omissions and change or update information at any time without prior notice.
13. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We make no warranty or representation regarding the accuracy or completeness of the Services' content or content on websites linked to the Services. We assume no liability for errors, inaccuracies, unauthorized access, interruption of transmission, malicious software, or errors or omissions in Content.
Insurance products, premiums, coverage options, eligibility, and availability vary by carrier, jurisdiction, underwriting criteria, and individual risk factors. Submission of an inquiry or quote request does not create coverage, bind an insurance policy, or guarantee that coverage will be offered. Coverage becomes effective only when confirmed in writing by an authorized insurance carrier or licensed insurance representative and when all applicable conditions are satisfied.
Nothing on the Services should be interpreted as legal, tax, accounting, investment, or financial advice. You should consult an appropriately qualified professional regarding matters requiring such advice.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR OWNERS, EMPLOYEES, LICENSED INSURANCE AGENTS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE TO YOU OR A THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF COVERAGE, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding anything to the contrary contained herein, our total liability to you for any cause whatsoever and regardless of the form of action shall be limited to the amount paid, if any, by you directly to us for the specific service giving rise to the claim. If no amount was paid to us, our total liability shall not exceed one hundred U.S. dollars (US $100.00), to the fullest extent permitted by law.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our owners, employees, licensed insurance agents, contractors, and representatives, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by a third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) your violation of a third party's rights; or (4) false, inaccurate, fraudulent, or misleading information provided by you.
16. USER DATA
We may maintain certain data you transmit to the Services for the purpose of managing and operating the Services, responding to your requests, and maintaining records. Although reasonable backups may be performed, you are responsible for retaining copies of information or documents that are important to you.
You agree that we shall have no liability for loss or corruption of data transmitted through the Services, except to the extent liability cannot legally be excluded. Our collection and processing of personal information is also governed by our Privacy Policy.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending emails, submitting insurance inquiries, requesting quotes or appointments, exchanging text messages, and completing forms electronically constitute electronic communications. You consent to receive electronic communications and agree that agreements, notices, disclosures, policy-related information, appointment details, and other communications provided electronically satisfy any legal requirement that such communication be in writing.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS, AUTHORIZATIONS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES.
18. MOBILE/SMS MESSAGING TERMS
Ellis Insurance Agency SMS Program
By providing your mobile phone number and consenting to receive text messages from Ellis Insurance Agency, you agree to receive non-promotional SMS communications related to an inquiry or request you initiated. Messages may include responses to questions, follow-ups regarding insurance needs, appointment coordination, requests for additional information, and updates related to your request or ongoing communication with the agency.
Message frequency varies depending on your interaction with us, the nature of your request, and the amount of follow-up needed to assist you.
You may opt out of our SMS program at any time by replying STOP to any text message we send. After we process your opt-out request, you will no longer receive text messages unless you later provide consent again.
Standard message and data rates may apply to messages sent to you from us and to messages sent from you to us. Contact your wireless provider if you have questions about your text or data plan. Wireless carriers are not responsible for delayed or undelivered messages.
Consent to receive text messages is not a condition of purchasing insurance or receiving a quote. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with third parties, except with service providers that support delivery of the messaging service as permitted by law.
You must be at least eighteen (18) years old or otherwise have legal authority to consent to receive text messages from us.
We intend for our messaging practices to comply with applicable law, carrier requirements, and industry standards. We reserve the right to modify or discontinue our SMS program or related messaging features at any time.
19. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us concerning use of the Services. Our failure to exercise or enforce a right or provision of these Legal Terms shall not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No joint venture, partnership, employment, fiduciary, or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us merely because we drafted them.
20. CONTACT US
To resolve a complaint regarding the Services or receive further information regarding use of the Services, please contact us at:
Ellis Insurance Agency
5949 Sissonville Drive
Charleston, WV 25312
United States