States Where We Do Business
The product and services information included in this Web site is intended for residents of the state of New York only, and is neither an offer to sell insurance nor an advertisement of insurance in any place except the state of New York. N.K. Burns & Sons, Inc. DBA The Burns Agency is licensed to sell insurance in the following states: New York.
Authorization of Use
N.K. Burns & Sons, Inc. DBA The Burns Agency hereby authorizes any person to access this Web site for informational purposes only. N.K. Burns & Sons, Inc. DBA The Burns Agency reserves the right to terminate access to this Web site at any time without notice. The data, information and material included in this Web site is copyrighted by N.K. Burns & Sons, Inc. DBA The Burns Agency. All rights are reserved under the copyright laws of the United States of America. No part of this Web site can be redistributed, copied or reproduced without the prior written consent of N.K. Burns & Sons, Inc. DBA The Burns Agency.
The user of this Web site assumes all responsibility and risk for the use of this Web site and the Internet generally. N.K. Burns & Sons, Inc. DBA The Burns Agency, and its affiliated companies disclaim all warranties, representations or endorsements, expressed or implied, with regard to the data, information and material included in, or accessible from, this Web site or the Internet, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose or noninfringement. N.K. Burns & Sons, Inc. DBA The Burns Agency and its affiliated companies have the right to discontinue, change or update any data, information or material included in the Web site without prior notice, and they do not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any data, information or material included in, or accessible from, this Web site. No advice or information given by N.K. Burns & Sons, Inc. DBA The Burns Agency or its affiliated companies shall create any warranty. Neither N.K. Burns & Sons, Inc. DBA The Burns Agency nor its affiliated companies warrants that the data, information and material included in the Web site or on the Internet will be uninterruptable or error free or that any data, information, software or other material accessible from this Web site is free of viruses or other harmful components. Several of our pages describe various insurance products. The availability of a specific product may differ from state to state and company to company. The product descriptions are general in nature and the insurance coverages are subject to the specific terms of the actual policies issued. If you are interested in the terms and conditions of a specific product, please contact us at 315-853-5052 for additional information.
Disclaimer of Liability
In no event shall N.K. Burns & Sons, Inc. DBA The Burns Agency or its affiliated companies be liable for any compensatory, special, direct, incidental, indirect or consequential damages, exemplary damages or any damages whatsoever resulting from loss of use, data, information or profits arising out of or in connection with the use or performance of the data, information or material included in this Web site or on the Internet generally or on any other basis.
Disclaimer for Links
Although this site includes links providing direct access to other Internet sites, N.K. Burns & Sons, Inc. DBA The Burns Agency and its affiliated companies take no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites.
N.K. Burns & Sons, Inc. DBA The Burns Agency will not be deemed to have accepted any electronic communication unless N.K. Burns & Sons, Inc. DBA The Burns Agency provides the sender of the electronic communication with an affermative acknowledgment verifying receipt and action upon the communication. If N.K. Burns & Sons, Inc. DBA The Burns Agency sends any electronic communication, N.K. Burns & Sons, Inc. DBA The Burns Agency will assume the communication was received intact by the intended recipient. The recipient of such message must notify N.K. Burns & Sons, Inc. DBA The Burns Agency if the transmission was not received or was not received in a readable format.
Despite the security measures taken by N.K. Burns & Sons, Inc. DBA The Burns Agency, there is an inherent risk in disclosing personal information over the Internet. Anyone electronically transmitting personal information assumes the risk that such information may be disclosed or intercepted by unintended third parties and N.K. Burns & Sons, Inc. DBA The Burns Agency disclaims all liability resulting from such interception or disclosure. Anyone who wishes to apply for an insurance quote who is concerned about maintaining the security of their personal information may mail or call the information in to The Burns Agency, PO Box 363, Clinton, NY 13323 Telephone 315-853-5052.
Please know that at N.K. Burns & Sons, Inc. DBA The Burns Agency, we are committed to protecting your privacy as a visitor to this Web site and as our customer.
Your personal information including your name, home address, mailing address, telephone number and e-mail address will be provided to the insurance company when you request a quote or purchase an insurance policy so they can establish you as a (potential) policyholder. We will maintain a record of your information at the offices of N.K. Burns & Sons, Inc. DBA The Burns Agency, so we can provide you with policyholder service. The employees of N.K. Burns & Sons, Inc. DBA The Burns Agency are each required to sign and acknowledge a confidentiality and nondisclosure agreement. Each employee has been made aware of the importance of protecting the customer’s personal information.
When you purchase an insurance policy from N.K. Burns & Sons, Inc. DBA The Burns Agency, you may be able to pay the premium with your credit/debit card or personal check. All credit card, bank card, and bank account information is masked or deleted from our records after your purchase has been authorized.
When you send us e-mail from this Web site, you will provide us with certain personally identifiable information including your e-mail address.
A cookie is a piece of data that is stored on a visitor’s hard drive while they are visiting this Web site. We may utilize a short-lived form of cookie when you visit this site. At N.K. Burns & Sons, Inc. DBA The Burns Agency, a cookie is only used to identify one unique visitor from another visitor during a particular session. A session is the period of active site-use while that unique visitor is linked to our server. Google may use cookie technology during a session for website analytics. No personally identifiable information is stored on the cookie. The cookie expires and is deleted from the visitor’s computer as soon as they close their browser or if they are not actively browsing our Web site for more than 20 minutes. Should a previous visitor to our Web site return for a new session, they will be issued a new cookie and in no way will they be recognized as a visitor from a previous visit or session.
SMS/Text Messaging Terms & Conditions
Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive text messages from THE BURNS AGENCY (“AGENCY”), at the mobile phone number(s) you provide.
You may opt-out of these communications at any time by replying STOP to any text message from AGENCY or by otherwise contacting AGENCY as indicated below. You can receive help at any time by replying HELP to any text message from AGENCY or by otherwise contacting AGENCY as indicated below. Consent to receive text messages is not required to purchase any products or services from AGENCY. Messaging and data rates may apply.
By completing the SMS/Text Messaging Opt-In Form, you also accept and agree to be bound by these SMS/Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of AGENCY services.
AGENCY offers its text messaging program whereby AGENCY, will text message you to provide you with information concerning your account activity with AGENCY and other AGENCY products, services, and promotions (all of the foregoing the “AGENCY Program”). You agree that you will not use the AGENCY Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the AGENCY Program.
Under the AGENCY Program, the number of AGENCY text messages that you receive may vary depending upon your account activity and your communication with AGENCY.
AGENCY does not impose a separate fee for sending AGENCY text messages under the AGENCY Program. However, standard message and data rates may apply to each text message sent or received in connection with the AGENCY Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Supported Carriers; Interruption
The AGENCY Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The AGENCY Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the AGENCY Program are available on all equipment/mobile devices, or through all wireless carriers. AGENCY may, from time to time, in its discretion and without notice to you, limit the carriers that support the AGENCY Program. Certain other carriers may not support the AGENCY Program.
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The AGENCY Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of AGENCY’s control, and AGENCY is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the AGENCY Program. If the AGENCY Program is not available within your intended location, you agree that your sole remedy is to cease using the AGENCY Program.
How to Opt-In
To opt-in to receive text messages from AGENCY under the AGENCY Program, complete the SMS/Text Messaging Opt-In Form and submit it to AGENCY. AGENCY will then send you a text message asking you to confirm your enrollment in the AGENCY Program.
How to Opt-Out
To stop receiving text messages from AGENCY, text STOP to the ten digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the AGENCY text messaging program. You may also opt out by providing written notice to AGENCY at PO Box 363, Clinton, NY 13323, by emailing AGENCY at firstname.lastname@example.org, or calling AGENCY at 315-853-5052.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide. You agree to maintain accurate, complete, and up-to-date information with AGENCY regarding your use of the AGENCY Program, including, without limitation, notifying AGENCY in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify AGENCY in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify AGENCY if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
To request more information, text HELP to the ten-digit long code from which the text messages are being sent. You may also receive help by providing written notice to AGENCY at PO Box 363, Clinton, NY 13323, by emailing AGENCY at email@example.com, or calling AGENCY at 315-853-5052.
To receive AGENCY text messages or enroll in the AGENCY Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the AGENCY Program, and authorized to incur any mobile message or data charges incurred by participating. AGENCY reserves the right to require you to prove the foregoing to participate in the AGENCY Program.
Changes to These SMS/Text Messaging Terms & Conditions
AGENCY may revise, modify, or amend these THE BURNS AGENCY SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to AGENCY website. You agree to review these AGENCY SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive AGENCY text messages will indicate your acceptance of those changes.
Amendment; Termination of Text Messaging
AGENCY may suspend or terminate your receipt of AGENCY NAME text messages if AGENCY believes you are in breach of these THE BURNS AGENCY SMS/Text Messaging Terms & Conditions. Your receipt of AGENCY text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. AGENCY reserves the right to modify or discontinue, temporarily or permanently, all or any part of AGENCY text messages and the AGENCY Program, for any reason, with or without notice to you.
Release; No Warranties; Limitation of Liability
By participating in the AGENCY Program, you agree to release and hold harmless AGENCY and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the AGENCY, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE AGENCY PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. AGENCY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall AGENCY be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the AGENCY Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the AGENCY Program, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND AGENCY ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND AGENCY OR ANYONE ACTING ON YOUR OR AGENCY’S BEHALF, OR THE AGENCY PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER
ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR [FILL IN YOUR PREFERRED LOCATION] PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND AGENCY INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE; NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. ARBITRATION PROCEEDINGS MAY BE COMMENCED BY EITHER PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN [FILL IN YOUR PREFERRED LOCATION], UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and AGENCY alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and AGENCY arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and agency or anyone acting on your or AGENCY’s behalf, or the AGENCY Program, AGENCY, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.
The law of the State of New York including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, construing, or enforcing these SMS/Text Messaging Terms & Conditions, the AGENCY Program, or any text messages between you and AGENCY or anyone acting on your or AGENCY’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, feel free to contact us today!