Terms of Use

These Terms of Use (the “Terms”) are a binding agreement between you and Davis Insurance and Financial Services (“TX Commercial,” “we,” “us,” or “our”), governing your access to and use of https://txcommercialinsurance.comand any related pages, forms, content, and services (collectively, the “Site”).

By accessing, browsing, or submitting information through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site.

The Site is intended for business-to-business use by owners, officers, and authorized representatives of commercial enterprises located in the State of Texas. By using the Site, you represent and warrant that you are at least 18 years old, that you have the authority to act on behalf of any business you submit information about, and that your use complies with all applicable laws.

The Site is not directed to consumers seeking personal lines insurance, to residents of states outside our licensed footprint, or to individuals under 18. Nothing on the Site is an offer to sell or a solicitation to buy insurance in any jurisdiction where we are not licensed.

All content on the Site — including descriptions of coverage types, industry pages, location pages, FAQs, articles, examples, and estimates — is provided for general informational and marketing purposes only. It is not legal, tax, financial, risk-management, or insurance advice, and it is not a substitute for the advice of a licensed professional who has reviewed your specific circumstances.

Any premium figure, quote, indication, or range presented on or through the Site is a preliminary estimate based solely on the information supplied. It is not an offer of insurance and is subject in every case to carrier underwriting, verification, inspection, loss history, and final policy terms. Actual coverage, exclusions, limits, deductibles, and premium are governed exclusively by the policy documents issued by the carrier. Where the Site and a policy conflict, the policy controls.

Insurance products, rates, availability, and regulatory requirements change frequently. We undertake no obligation to update Site content, and we do not warrant that any content is current, complete, or applicable to your situation.

Davis Insurance and Financial Services is an independent insurance agency licensed in the State of Texas (License No. [TDI LICENSE #]). We are not an insurance carrier and we do not underwrite risk, issue policies, or pay claims. Carriers are independent third parties, and we are not responsible for their acts, omissions, underwriting decisions, solvency, claims handling, or policy performance.

Submitting a form or otherwise contacting us does not create an agency, brokerage, fiduciary, or professional relationship, and does not obligate us to procure, place, or recommend any coverage. Any such relationship arises only upon a separate written agreement signed by an authorized representative of TX Commercial and, where applicable, upon issuance of coverage by a carrier.

You are solely responsible for the accuracy and completeness of all information you submit, including through our quote and contact forms. Insurance quotes and placements depend on accurate disclosure; misstatements, omissions, or failures to update material facts may result in inaccurate quotes, denial of coverage, rescission, or claim denial by the carrier, and we disclaim all liability arising from information you provide.

Consent to Contact

By submitting your telephone number, email address, or other contact details through the Site, you expressly consent to be contacted by TX Commercial, its agents, and its carrier and wholesale partners at the numbers and addresses you provide — including by telephone call, prerecorded or artificial voice message, automatic telephone dialing system, SMS/text message, and email — for purposes of responding to your request, preparing quotes, servicing your account, and related communications. Consent is not a condition of purchasing any product or service. Message and data rates may apply. You may revoke consent at any time by replying STOP to a text message, by using the unsubscribe link in an email, or by contacting us at quotes@txcommercialinsurance.com. Revocation does not apply to communications reasonably necessary to service an existing policy.

Electronic Communications

You consent to receive communications from us electronically and agree that electronic communications, records, and signatures satisfy any legal requirement that such communications be in writing.

License to Submitted Content

You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, store, reproduce, and process any information, testimonial, review, or other content you submit, for the purposes of operating our business, marketing our services, and improving the Site, subject to our Privacy Policy. You represent that you have all rights necessary to grant this license.

You agree not to, and not to permit any third party to:

• use the Site for any unlawful, fraudulent, or unauthorized purpose, or to submit false, misleading, or another party’s information without authorization;
• scrape, crawl, harvest, index, data-mine, or otherwise extract content or data from the Site by automated means, or use the Site’s content to train any machine learning or artificial intelligence model, without our prior written permission;
• copy, reproduce, republish, resell, or create derivative works from Site content;
• probe, scan, test the vulnerability of, or breach the security of the Site, or interfere with or disrupt its operation, servers, or networks;
• introduce malware, bots, scripts, or automated tools, or submit forms in bulk or for competitive intelligence, lead generation, or spam;
• reverse engineer, decompile, or attempt to derive source code from any part of the Site; or
• impersonate any person or entity or misrepresent your affiliation with any person or entity.

We may investigate suspected violations and may suspend or terminate your access to the Site at any time, without notice and in our sole discretion, and may report suspected unlawful activity to law enforcement.

The Site and all content and materials on it — including text, graphics, logos, icons, images, page layouts, design elements, compilations, and software — are owned by or licensed to Davis Insurance and Financial Services and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. All rights not expressly granted are reserved.

You are granted a limited, revocable, non-transferable license to access and view the Site for your own internal business purposes evaluating our services. No other use is permitted. Our name, logo, and marks may not be used without our prior written consent.

The Site may link to or integrate third-party websites, carrier portals, payment processors, analytics providers, and other services. We do not control and are not responsible for third-party content, products, privacy practices, availability, or security. Links are provided for convenience only and do not constitute endorsement. Your dealings with third parties are solely between you and them.

Bot Protection

Our forms are protected by Google reCAPTCHA, which analyzes your interaction with the Site and returns a risk score used to distinguish human visitors from automated abuse. We may decline, delay, discard, or manually review any submission that our security checks flag as automated, and we are under no obligation to notify you if we do. By using the Site, you agree that your use of reCAPTCHA is subject to the Google Privacy Policy and Terms of Service, and to the data collection described in our Privacy Policy. You may not circumvent, disable, or interfere with reCAPTCHA or any other security measure on the Site. As stated in Section 3, a submission through this Site never binds coverage; you should not rely on any form submission being received, and we are not liable if reCAPTCHA or any other security or delivery failure blocks, delays, discards, or fails to transmit a submission.

We may modify, suspend, restrict, or discontinue the Site or any portion of it at any time, without notice or liability. We do not guarantee that the Site will be available, uninterrupted, timely, secure, or error-free, and we are not responsible for any failure to transmit or receive information submitted through the Site.

THE SITE AND ALL CONTENT, INFORMATION, ESTIMATES, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, DAVIS INSURANCE AND FINANCIAL SERVICES AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT, ESTIMATE, OR COVERAGE DESCRIPTION IS ACCURATE, CURRENT, OR COMPLETE. YOU USE THE SITE AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, DAVIS INSURANCE AND FINANCIAL SERVICES AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, BUSINESS INTERRUPTION, UNINSURED OR UNDERINSURED LOSS, DENIED OR DISPUTED CLAIM, GAP IN COVERAGE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

These limitations apply to the maximum extent permitted by law and survive any failure of essential purpose of any limited remedy. Some jurisdictions do not allow certain limitations, so some may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, and nothing here limits or alters the rights and obligations under any insurance policy actually issued to you.

You agree to defend, indemnify, and hold harmless Davis Insurance and Financial Servicesand its owners, officers, employees, agents, and service providers from and against any claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site; (b) information you submit, including inaccurate, incomplete, or unauthorized information; (c) your violation of these Terms or of any applicable law; or (d) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense.

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to the arbitration agreement below, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas, and waive any objection to that venue.

Informal Resolution First

Before filing any claim, you agree to send a written notice describing the dispute and the relief sought to quotes@txcommercialinsurance.com and to allow us 60 days to resolve it informally.

Agreement to Arbitrate

If the dispute is not resolved, you and we agree that any dispute, claim, or controversy arising out of or relating to the Site, these Terms, or our communications with you will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be seated in Dallas County, Texas, conducted in English, and governed by the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

Class Action and Jury Trial Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A TRIAL BY JURY.

Your Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to quotes@txcommercialinsurance.com within 30 days of first accepting these Terms, stating your name, the business you represent, and your intent to opt out. Opting out does not affect any other provision of these Terms.

If the class action waiver is found unenforceable as to any claim, that claim will be severed and litigated in the courts identified in Section 13; the remainder of this Section 14 remains in force.

ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.

If you believe content on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act to quotes@txcommercialinsurance.com that includes: identification of the work; identification of the material and its location; your contact information; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act; and your physical or electronic signature.

We may revise these Terms at any time by posting an updated version with a new “Last updated” date. Changes are effective when posted. Your continued use of the Site after posting constitutes acceptance. Review these Terms periodically.

Severability. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Site and supersede all prior understandings. They do not modify any separate written agreement, broker of record letter, or insurance policy.

Survival. Sections 3, 5, 7, and 10 through 18 survive termination.

Davis Insurance and Financial Services
[STREET ADDRESS], [CITY], TX [ZIP]
214-997-3888
quotes@txcommercialinsurance.com