Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Asena Capital Insurance Services ("we," "us," or "our"), a California-licensed independent insurance agency (CA License #6008596), governing your access to and use of our website at www.asenainsurance.com and any related services we provide.

By accessing or using our website, submitting a quote request, or contacting us through any channel, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. Use of Our Website

You agree to use our website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our website in any way that violates applicable federal, state, or local laws or regulations
• Submit false, misleading, or fraudulent information in any quote request or contact form
• Attempt to gain unauthorized access to any portion of our website, servers, or systems
• Interfere with or disrupt the operation of our website or the servers and networks connected to it
• Use any automated means (bots, scrapers, crawlers) to access or collect data from our website without our express written consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

We reserve the right to terminate or restrict your access to our website at any time, without notice, for any violation of these Terms.

3. Insurance Quote Disclaimer

Insurance coverage is subject to underwriting approval by the applicable insurance carrier. Final premiums, terms, and conditions are determined by the carrier and may differ from any preliminary estimate. Coverage is not bound until you receive a policy or binder from the insurance carrier and have paid the required premium.

We act as an independent insurance broker and represent your interests in obtaining coverage. We are not an insurance carrier and do not guarantee the availability, price, or terms of any insurance product. Coverage descriptions on our website are general summaries only and do not constitute a complete description of any policy's terms, conditions, exclusions, or limitations.

4. Telephone and SMS Communications (TCPA Consent)

By submitting a quote request or contact form on our website and checking the SMS consent checkbox, you expressly consent to receive communications from Asena Capital Insurance Services, including:

• Phone calls (including calls using an automatic telephone dialing system or prerecorded voice messages) to the phone number you provide
• SMS/text messages to the mobile number you provide

These communications may include insurance quotes, policy information, renewal reminders, and service-related updates. Your consent to receive SMS messages is not a condition of purchasing any insurance product or service.

To opt out of SMS messages: Reply STOP to any text message from us at any time. To opt out of phone calls, notify us at [email protected] or call (858) 925-5555.

Message and data rates may apply. Message frequency varies. For assistance, reply HELP to any text message or contact us at [email protected].

5. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Asena Capital Insurance Services or its content suppliers and is protected by applicable copyright, trademark, and other intellectual property laws.

You may access and use our website for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from our website without our prior written consent.

6. Privacy

Your use of this website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this website, you consent to the collection and use of your information as described in our Privacy Policy.

7. Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that our website will be uninterrupted, error-free, or free of viruses or other harmful components
• Warranties regarding the accuracy, completeness, or timeliness of any information on our website

The information on our website is provided for general informational purposes only and should not be relied upon as legal, financial, or insurance advice. We recommend consulting with a licensed insurance professional to determine the appropriate coverage for your specific needs.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Asena Capital Insurance Services, its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Damages arising from your reliance on information provided on our website
• Damages arising from unauthorized access to or alteration of your data
• Damages arising from any interruption or cessation of our website or services

Our total liability to you for any claims arising from your use of our website or services shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Asena Capital Insurance Services and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our website.

10. Third-Party Links and Services

Our website may contain links to third-party websites, including insurance carrier portals and industry resources. These links are provided for your convenience only. We have no control over the content or practices of third-party websites and are not responsible for their content, privacy policies, or terms of service. Accessing third-party websites is at your own risk.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our website shall be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of such courts.

Before initiating any legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will make good-faith efforts to resolve any dispute within 30 days of receiving written notice.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. Your continued use of our website after any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

13. Contact Us

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