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Terms of Service

RACKS INSURANCE AGENCY LLC — TERMS OF SERVICE

Effective Date: January 13, 2026 Last Updated: January 13, 2026

AGREEMENT TO TERMS

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Racks Insurance Agency LLC, a Florida limited liability company ("Racks Insurance," "Company," "we," "us," "our"), governing your access to and use of the Racks mobile application ("App"), the Passport platform, the racksinsurance.com website, and all related services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Services.

If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to that entity.

SECTION 1: OPERATOR IDENTITY AND LICENSED STATUS

1.1 Operator Identification

The Services are owned and operated by:

Racks Insurance Agency LLC A Florida Limited Liability Company Florida Insurance Agency License No. G304846 77 W Lamb Dr. Santa Rosa Beach, FL 32459 team@racksinsurance.com (850) 630-6945

1.2 Licensure Disclosure

Racks Insurance Agency LLC is a licensed insurance agency in the State of Florida, holding a 2-20 General Lines Agent license (License No. G304846) issued by the Florida Department of Financial Services. Our license authorizes us to transact insurance in the following lines: property, casualty, surety, health, and marine insurance.

You may verify our license status at: https://licensee.fldfs.com/

1.3 Nature of Services — What We Are and What We Are Not

The Services constitute a Digital Risk Management and Insurance Brokerage Platform designed for construction professionals, general contractors, and related trades.

Racks Insurance Agency LLC IS:

Racks Insurance Agency LLC IS NOT:

1.4 Agency Relationship Disclosure

When we assist you in obtaining insurance coverage, we act as your agent in placing coverage with insurance carriers. However, once a policy is issued, we act as an agent of the insurance carrier for purposes of premium collection and policy service. The insurance carrier, not Racks Insurance Agency LLC, is solely responsible for the payment of claims under any policy.

SECTION 2: THE PASSPORT FEATURE — DOCUMENT MANAGEMENT AND COMPLIANCE TRACKING

2.1 Service Definition

"Passport" is a Document Management and Loss Control Utility integrated within the Services. Passport is designed to assist construction professionals in:

Passport is designed to assist in organizing records and tracking compliance status. It is not a substitute for professional legal review, insurance consultation, or independent verification of coverage.

2.2 User-Defined Requirements — Your Responsibility

CRITICAL ACKNOWLEDGMENT: You acknowledge and agree that YOU are solely responsible for determining and inputting the insurance requirements applicable to your projects, contracts, and business relationships. This includes, but is not limited to:

The App provides input fields, dropdown menus, and checkboxes for you to specify these requirements. You are responsible for accurately interpreting your own contracts and correctly inputting the applicable requirements.

2.3 Limitation on Contract Interpretation — UPL Disclaimer

THE APP DOES NOT READ, PARSE, INTERPRET, OR ANALYZE YOUR CONTRACTS, SUBCONTRACTOR AGREEMENTS, OR OTHER LEGAL DOCUMENTS.

The "Gap Analysis" and compliance verification features operate by comparing your user-defined inputs against data extracted from uploaded insurance documents (Certificates of Insurance, policy declaration pages, and similar standardized insurance forms).

You expressly acknowledge and agree that:

(a) You are solely responsible for reading your own contracts and determining the insurance requirements contained therein;

(b) The App does not provide legal interpretation of contract language, indemnification clauses, insurance specifications, or any other contractual provisions;

(c) The App does not provide legal advice of any kind, and use of the App does not create an attorney-client relationship;

(d) If you require assistance interpreting contractual insurance requirements, you should consult with a licensed attorney;

(e) Racks Insurance Agency LLC expressly disclaims any liability arising from your interpretation of contracts or your input of requirements into the App.

2.4 AI-Powered Document Analysis — Accuracy Disclaimer

The App uses Artificial Intelligence ("AI") and Optical Character Recognition ("OCR") technology to extract data from uploaded Certificates of Insurance and other insurance documents. This technology is designed to identify and extract information including, but not limited to: policy numbers, effective dates, expiration dates, coverage limits, carrier names, and endorsement indicators.

YOU ACKNOWLEDGE AND AGREE THAT:

(a) AI technology is not infallible. Despite our efforts to maintain accuracy, AI-extracted data may contain errors, omissions, or inaccuracies;

(b) You are solely responsible for verifying all AI-extracted data against the original source documents before relying on such data for any purpose;

(c) "Compliant" or "Non-Compliant" status indicators generated by the App are based on automated comparison of AI-extracted data against your user-defined inputs, and may not accurately reflect actual coverage status;

(d) A "Compliant" status does not guarantee that a subcontractor maintains active, in-force coverage at any given time, as policies may be cancelled, modified, or non-renewed without notice to Racks Insurance Agency LLC;

(e) A "Gap" or "Non-Compliant" flag may be a false positive resulting from AI extraction errors, document quality issues, or non-standard document formats;

(f) Racks Insurance Agency LLC is not liable for errors in AI data extraction, false positive compliance flags, false negative compliance flags, or any decisions you make in reliance on AI-generated analysis;

(g) You should independently verify the insurance status of any subcontractor or third party by requesting current documentation directly from that party or their insurance agent before allowing them to perform work.

2.5 No Real-Time Coverage Verification

Passport displays compliance status as of the date documents were uploaded and analyzed. The App does not maintain real-time connections to insurance carrier systems and cannot verify whether a policy remains in force at any given moment.

Insurance policies may be cancelled for non-payment, non-renewed at expiration, or modified by endorsement without notice to Racks Insurance Agency LLC. A document marked "Compliant" in Passport may no longer reflect current coverage status.

YOU ARE SOLELY RESPONSIBLE for implementing appropriate verification procedures, which may include requesting updated Certificates of Insurance at regular intervals and before commencement of work.

2.6 Subcontractor Actions Disclaimer

The fact that a subcontractor is marked "Compliant" in Passport:

(a) Does not guarantee that the subcontractor will perform work in a safe, professional, or workmanlike manner;

(b) Does not guarantee that the subcontractor's insurance carrier will accept or pay any claim;

(c) Does not guarantee that the subcontractor's policy limits are adequate for any particular project or loss;

(d) Does not create any agency relationship, employment relationship, or joint venture between you and your subcontractors, or between Racks Insurance Agency LLC and your subcontractors;

(e) Does not transfer any liability for subcontractor acts or omissions to Racks Insurance Agency LLC.

RACKS INSURANCE AGENCY LLC EXPRESSLY DISCLAIMS ALL LIABILITY for the acts, omissions, negligence, or misconduct of any subcontractor tracked within Passport, regardless of their compliance status within the App.

SECTION 3: THE PROTECT FEATURE — INSURANCE AGENCY SERVICES

3.1 Insurance Quotes and Estimates

The Services may provide insurance quotes, premium estimates, and coverage recommendations. You acknowledge and agree that:

(a) Quotes are estimates only until coverage is formally bound by an insurance carrier;

(b) Quoted premiums are subject to change based on underwriting review, loss history verification, and other factors determined by the insurance carrier;

(c) Coverage terms, conditions, exclusions, and limitations are governed solely by the policy issued by the insurance carrier, not by any quote or summary provided through the Services;

(d) Racks Insurance Agency LLC does not guarantee that any particular coverage will be available or that any application will be accepted by a carrier.

3.2 Carrier Authority and Binding

Racks Insurance Agency LLC acts as an agent for various insurance carriers. We do not issue insurance policies, set premium rates, or make final underwriting decisions. The insurance carrier makes all final decisions regarding:

3.3 No Binding Via App — Written Confirmation Required

COVERAGE IS NOT BOUND, ALTERED, CANCELLED, OR AMENDED THROUGH THE APP.

You expressly acknowledge and agree that:

(a) Submitting a quote request, application, or coverage inquiry through the App does not bind coverage;

(b) Coverage is bound only upon receipt of written confirmation from a licensed Racks Insurance agent or directly from the insurance carrier;

(c) Requesting changes to existing coverage through the App does not effectuate those changes until you receive written confirmation;

(d) You should not assume coverage is in force based solely on App submissions or status indicators;

(e) If you need immediate evidence of coverage (e.g., a binder for a closing or project start), you must contact a licensed Racks Insurance agent directly and obtain written confirmation before proceeding.

3.4 Premium Payment

Premium payments made through the Services are collected by Racks Insurance Agency LLC as agent for the insurance carrier. Racks Insurance Agency LLC is authorized to receive premium payments on behalf of carriers we represent. Payment to Racks Insurance Agency LLC constitutes payment to the carrier, subject to the carrier's receipt of funds.

3.5 Policy Documents Control

In the event of any conflict between information displayed in the App and the actual policy documents issued by an insurance carrier, the policy documents shall control. You are responsible for reviewing your policy documents and notifying us of any discrepancies.

SECTION 4: ACCESS, FEES, AND ANTI-REBATING COMPLIANCE

4.1 Independent Access to Passport

Access to Passport document management and compliance tracking features is not conditioned on the purchase of insurance from Racks Insurance Agency LLC.

You may use Passport to:

regardless of whether you obtain insurance coverage through Racks Insurance Agency LLC. You are under no obligation to purchase insurance from us to access or continue using Passport functionality.

4.2 Passport Is Free

Passport is provided as a complimentary Loss Control Service to the construction community. There is no fee for Passport functionality. We reserve the right to introduce premium features in the future, which will be clearly identified along with applicable fees before you incur any charges.

4.3 Loss Control Purpose

Passport is designed and offered as a loss control and risk management tool. Effective subcontractor compliance management reduces the likelihood of uninsured losses, improves project risk profiles, and supports sound risk management practices in the construction industry.

4.4 No Inducement or Rebate

The availability of Passport as a free service does not constitute a rebate, inducement, or illegal consideration for the purchase of insurance. Passport is offered to the construction community as a loss control service, independent of any insurance transaction.

SECTION 5: LIMITATION OF LIABILITY

5.1 Software Performance Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Racks Insurance Agency LLC's total liability to you for any claims arising from or related to software performance, App functionality, AI accuracy, data extraction errors, system downtime, or technical malfunctions shall not exceed One Hundred Dollars ($100.00).

5.2 Disclaimer of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Racks Insurance Agency LLC shall not be liable for any:

arising from or related to your use of the Services, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if Racks Insurance Agency LLC has been advised of the possibility of such damages.

5.3 Insurance Services — Professional Standards

Liability arising from professional insurance services (including the placement of coverage, policy recommendations, coverage advice, and claims assistance) is governed by applicable professional standards, Florida insurance law, and our Errors and Omissions insurance coverage. Such professional liability is separate and distinct from liability for software performance addressed in Section 5.1.

Nothing in these Terms shall limit or exclude liability that cannot be limited or excluded under applicable law, including liability for fraud, gross negligence, or willful misconduct.

5.4 Third-Party Actions Disclaimer

Racks Insurance Agency LLC is not liable for:

(a) The acts, omissions, negligence, or misconduct of any subcontractor, regardless of their compliance status in Passport;

(b) The failure of any insurance carrier to accept or pay any claim;

(c) The cancellation, non-renewal, or modification of any insurance policy by a carrier;

(d) The accuracy or completeness of information provided by third parties, including information on Certificates of Insurance;

(e) Decisions made by you in reliance on compliance status indicators, AI-extracted data, or other information displayed in the App.

5.5 Assumption of Risk

You acknowledge that the construction industry involves inherent risks, and that no insurance program or compliance monitoring system can eliminate all risk of loss. You assume full responsibility for your own risk management decisions, insurance purchasing decisions, and subcontractor management practices.

SECTION 6: USER REPRESENTATIONS AND RESPONSIBILITIES

6.1 Eligibility

You represent and warrant that:

(a) You are at least eighteen (18) years of age;

(b) You have the legal capacity to enter into this Agreement;

(c) If using the Services on behalf of a business entity, you have authority to bind that entity;

(d) Your use of the Services does not violate any applicable law or regulation.

6.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

(a) Create a strong, unique password;

(b) Not share your credentials with unauthorized persons;

(c) Notify us immediately of any unauthorized access or security breach;

(d) Accept responsibility for all activities conducted through your account.

6.3 Accurate Information

You agree to provide accurate, current, and complete information when using the Services, and to update such information as necessary. You acknowledge that inaccurate inputs will result in inaccurate outputs, and that Racks Insurance Agency LLC is not liable for errors resulting from information you provide.

6.4 Prohibited Uses

You agree not to:

(a) Use the Services for any unlawful purpose;

(b) Upload malicious code, viruses, or harmful content;

(c) Attempt to gain unauthorized access to any portion of the Services;

(d) Use the Services to store or transmit content that infringes third-party rights;

(e) Reverse engineer, decompile, or disassemble any portion of the Services;

(f) Use automated systems (bots, scrapers) to access the Services without our written consent;

(g) Resell, sublicense, or commercially exploit the Services without our written consent.

SECTION 7: INTELLECTUAL PROPERTY

7.1 Ownership

The Services, including all software, algorithms, AI models, user interfaces, graphics, trademarks, and content (excluding User Content), are owned by Racks Insurance Agency LLC or our licensors and are protected by intellectual property laws. These Terms do not grant you any ownership interest in the Services.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

7.3 User Content

You retain ownership of documents, data, and information you upload to the Services ("User Content"). By uploading User Content, you grant Racks Insurance Agency LLC a non-exclusive, royalty-free license to use, store, process, and display such content solely for the purpose of providing the Services to you.

SECTION 8: PRIVACY AND DATA

8.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

8.2 Data Retention

In accordance with Florida Statutes § 626.561 and our regulatory obligations, we retain records related to insurance transactions and compliance verification for a minimum of five (5) years. Gap analysis reports, uploaded documents, and compliance logs are retained as part of our regulatory record-keeping.

8.3 Data Security

We implement reasonable administrative, technical, and physical safeguards to protect your data. However, no system is completely secure, and we cannot guarantee absolute security. You acknowledge and accept this inherent limitation.

SECTION 9: TERM AND TERMINATION

9.1 Term

These Terms are effective upon your first access to the Services and continue until terminated.

9.2 Termination by You

You may terminate your account at any time by contacting us at team@racksinsurance.com or through the account settings in the App. Termination does not entitle you to a refund of any fees paid.

9.3 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, upon notice to you. Grounds for termination include, but are not limited to:

(a) Violation of these Terms;

(b) Fraudulent, abusive, or illegal activity;

(c) Non-payment of fees;

(d) Extended period of inactivity;

(e) Discontinuation of the Services.

9.4 Effect of Termination

Upon termination:

(a) Your license to use the Services immediately terminates;

(b) You remain liable for any obligations incurred prior to termination;

(c) We may retain your data as required for regulatory compliance (see Section 8.2);

(d) Provisions that by their nature should survive termination (including Sections 5, 7, 10, 11, and 12) shall survive.

SECTION 10: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Racks Insurance Agency LLC, its members, managers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

(a) Your use of the Services;

(b) Your violation of these Terms;

(c) Your violation of any applicable law or regulation;

(d) Your User Content;

(e) Your negligence or willful misconduct;

(f) Any dispute between you and your subcontractors, regardless of their compliance status in Passport.

SECTION 11: DISPUTE RESOLUTION

11.1 Governing Law

These Terms and any dispute arising from or related to the Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

11.2 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at team@racksinsurance.com and attempt to resolve any dispute informally for at least thirty (30) days.

11.3 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising from or related to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

(a) Arbitration shall take place in Walton County, Florida, or another mutually agreed location;

(b) The arbitrator's decision shall be final and binding;

(c) Judgment on the arbitration award may be entered in any court of competent jurisdiction;

(d) Each party shall bear its own costs, and arbitration fees shall be shared equally unless the arbitrator determines otherwise.

11.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Racks Insurance Agency LLC.

11.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.

SECTION 12: GENERAL PROVISIONS

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Racks Insurance Agency LLC regarding the Services and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

12.5 Notices

We may provide notices to you via email, in-app notification, or posting on the Services. You may provide notices to us at team@racksinsurance.com.

12.6 Force Majeure

Racks Insurance Agency LLC shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet or telecommunications failures.

12.7 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Racks Insurance Agency LLC (except as specifically provided in Section 1.4 regarding insurance transactions).

12.8 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

12.9 Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least thirty (30) days before taking effect. Your continued use of the Services after the effective date of any modification constitutes acceptance of the modified Terms.

SECTION 13: CONTACT INFORMATION

If you have questions about these Terms, please contact us:

Racks Insurance Agency LLC 77 W Lamb Dr. Santa Rosa Beach, FL 32459

Email: team@racksinsurance.com Phone: (850) 630-6945 Website: racksinsurance.com

Florida Insurance License No.: G304846

SECTION 14: APPLE AND GOOGLE APP STORE PROVISIONS

14.1 Acknowledgment

You and Racks Insurance Agency LLC acknowledge that these Terms are concluded between you and Racks Insurance Agency LLC only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Racks Insurance Agency LLC, not Apple or Google, is solely responsible for the App and the content thereof.

14.2 Scope of License

The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products or Android devices that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions or Google Play Terms of Service, as applicable.

14.3 Maintenance and Support

Racks Insurance Agency LLC is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

14.4 Warranty

Apple and Google are not responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google (as applicable) will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Racks Insurance Agency LLC's sole responsibility.

14.5 Product Claims

You acknowledge that Racks Insurance Agency LLC, not Apple or Google, is responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including, but not limited to:

(a) Product liability claims;

(b) Any claim that the App fails to conform to any applicable legal or regulatory requirement; and

(c) Claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit and HomeKit frameworks (if applicable).

14.6 Intellectual Property Rights

You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Racks Insurance Agency LLC, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

14.7 Third-Party Beneficiary

You and Racks Insurance Agency LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your license of the App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Google is also a third-party beneficiary of these Terms to the extent required by the Google Play Developer Distribution Agreement.

14.8 Legal Compliance

You represent and warrant that:

(a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

(b) You are not listed on any U.S. Government list of prohibited or restricted parties.

14.9 Developer Contact Information

If you have any questions, complaints, or claims with respect to the App, please contact:

Racks Insurance Agency LLC 77 W Lamb Dr. Santa Rosa Beach, FL 32459 Email: team@racksinsurance.com Phone: (850) 630-6945

SECTION 15: WEBSITE CONTENT AND EDUCATIONAL MATERIALS DISCLAIMER

15.1 Informational Purpose Only

The racksinsurance.com website, including all blog posts, articles, guides, videos, infographics, and other educational materials (collectively, "Website Content"), is provided for general informational and educational purposes only.

Website Content is designed to provide general information about insurance concepts, risk management practices, Florida insurance requirements, and related topics relevant to the construction industry. Website Content does not constitute professional advice of any kind.

15.2 Not Professional Advice

WEBSITE CONTENT IS NOT:

(a) Insurance advice — Website Content does not recommend specific coverage types, limits, carriers, or policy structures for your particular situation;

(b) Legal advice — Website Content does not interpret statutes, regulations, contracts, or legal obligations applicable to you, and does not create an attorney-client relationship;

(c) Tax or accounting advice — Website Content does not address the tax implications of insurance decisions or business structures;

(d) A substitute for professional consultation — You should consult with a licensed insurance agent, attorney, accountant, or other qualified professional before making decisions based on topics discussed in Website Content.

15.3 No Reliance

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) You shall not rely on Website Content as a basis for any insurance purchasing decision, business decision, legal interpretation, or compliance determination;

(b) Website Content is general in nature and may not apply to your specific circumstances, business operations, contractual obligations, or risk profile;

(c) Insurance requirements, regulations, and best practices vary by state, industry, contract, and situation — Website Content discussing Florida requirements may not apply in other jurisdictions;

(d) You are solely responsible for verifying the applicability and accuracy of any information before acting on it;

(e) Racks Insurance Agency LLC expressly disclaims all liability for any actions you take or fail to take based on Website Content.

15.4 No Guarantee of Accuracy or Timeliness

While we strive to provide accurate and up-to-date information, we make no representations or warranties regarding the accuracy, completeness, reliability, suitability, or timeliness of Website Content.

(a) Information may become outdated — Insurance regulations, carrier appetites, market conditions, and legal requirements change frequently. Website Content reflects information available at the time of publication and may not reflect current conditions;

(b) Errors may occur — Despite our efforts, Website Content may contain errors, omissions, or inaccuracies;

(c) Laws and regulations vary — Information about insurance requirements, particularly state-specific content about Florida, may not apply in other states or jurisdictions;

(d) Individual circumstances differ — General information cannot account for the unique facts of your business, contracts, or risk exposures.

15.5 No Professional Relationship Created

Reading, accessing, or otherwise consuming Website Content does not create:

(a) An agent-client relationship between you and Racks Insurance Agency LLC;

(b) An attorney-client relationship;

(c) Any fiduciary duty or professional obligation to you;

(d) Any obligation for Racks Insurance Agency LLC to provide you with individualized advice or services.

A professional relationship with Racks Insurance Agency LLC is established only through a signed engagement, submission of an insurance application, or other explicit written agreement to provide services.

15.6 Third-Party Links and References

Website Content may contain links to third-party websites, references to third-party products or services, or citations to external sources. Such links and references are provided for convenience only. Racks Insurance Agency LLC:

(a) Does not endorse or guarantee the accuracy of third-party content;

(b) Is not responsible for the content, privacy practices, or availability of third-party websites;

(c) Disclaims all liability for your use of or reliance on third-party content.

15.7 User's Duty to Verify

Before relying on any information from Website Content, you are responsible for:

(a) Consulting with a licensed insurance professional regarding your specific coverage needs;

(b) Consulting with a licensed attorney regarding legal interpretations or contractual requirements;

(c) Verifying current regulatory requirements with appropriate governmental authorities;

(d) Confirming that information applies to your specific jurisdiction, industry, and circumstances;

(e) Obtaining professional opinions tailored to your unique situation.

15.8 Limitation of Liability for Website Content

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Racks Insurance Agency LLC shall not be liable for any damages, losses, costs, or expenses arising from or related to:

(a) Your reliance on Website Content;

(b) Errors, omissions, or inaccuracies in Website Content;

(c) Outdated information in Website Content;

(d) Your failure to consult with appropriate professionals before acting on Website Content;

(e) Any decisions made or actions taken based on Website Content.

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and regardless of whether Racks Insurance Agency LLC was advised of the possibility of such damages.

ACKNOWLEDGMENT

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS, TOGETHER WITH THE PRIVACY POLICY, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND RACKS INSURANCE AGENCY LLC, AND THAT THEY SUPERSEDE ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS, AND PROPOSALS, WHETHER ORAL OR WRITTEN.

Document Version: 1.0 Effective Date: January 13, 2026 Last Reviewed: January 13, 2026

Questions about this policy?

If you have any questions about this document, please reach out.

hello@racks.com