Terms of Use

1. Agreement

These Terms of Use govern your access to producerscale.com and any application or booking page on it (the "Site"). The Site is operated by ProducerScale ("we", "us", "our"). By using the Site or submitting a form, you agree to these terms. If you do not agree, do not use the Site.

2. Who the Site is for

The Site is intended for licensed insurance producers, commercial lines brokers, independent agencies and brokerages. It is not intended for businesses looking to buy insurance. You represent that you hold the licences and carrier appointments required for the business you write in the states you operate in, and that maintaining them is your responsibility, not ours.

3. What we do and do not do

We are a marketing and appointment-setting company. We prospect commercial businesses, qualify them against criteria agreed with you, and schedule a meeting ("appointment") between that business and a single producer. Each appointment is set for one producer only and is not resold.

We are not a licensed insurance producer, broker, agency, MGA or wholesaler. We do not quote, place, bind or service coverage, we do not give insurance, financial, tax or legal advice, and we do not supervise or take responsibility for what you say or do in an appointment we set.

4. No guarantee of results

Nothing on the Site is a promise of results. Show rates, quote rates, close rates, premium figures, commissions and any other numbers shown are illustrative or reflect outcomes reported to us. They are not typical, not verified, and not guaranteed. Your results depend on your licensing and appointments, your markets, your process, the classes you write and factors outside our control.

We do not guarantee that any appointment will be kept, that information given to us by a business will prove accurate, that the account will remain movable, or that anything will be quoted or bound.

5. Qualification criteria and what they mean

Where we describe an appointment as qualified, we mean that at the time of booking the business confirmed to us that it met the criteria agreed with you — typically decision-maker authority, a renewal or X-date inside your window, a current premium above your floor, no broker-of-record agreement locking the account, and a location in a state you are appointed in.

Those confirmations come from the business, not from a public record or a carrier. We take reasonable steps to test them, but we cannot verify them independently and we do not warrant that they are accurate or that they will still hold at the time of the meeting.

6. Exclusivity

Where we describe an appointment as exclusive, we mean that we set that appointment for one producer only and do not set the same account with another producer in the same cycle, in your area or anywhere else. Monthly capacity is finite and allocated in the order arrangements are agreed. Describing capacity as available on a call is not a reservation of it.

7. No-shows and replacements

Where an appointment is not kept, or is shown to have failed an agreed qualification condition, our sole obligation and your sole remedy is to reschedule it or replace it with another appointment — not a refund — under whatever replacement terms are in force between us. Replacement claims must be raised within the window stated in those terms.

8. Our prospecting, your conduct

We are responsible for the compliance of our own outbound prospecting, including the Telephone Consumer Protection Act, state telemarketing and do-not-call rules, and call-recording consent where we record.

You are solely responsible for everything you do once an appointment reaches you: how you contact, meet, advise, quote and service the business, your compliance with insurance advertising, licensing, appointment and suitability rules, and any carrier, MGA or network requirements that apply to you. You agree not to resell, re-lease, syndicate or redistribute the appointment or the information supplied with it, and not to use it for any purpose other than your own licensed business.

9. Submissions and consent

When you submit a form you confirm the information you give is accurate, and you agree we may contact you as described in our Privacy Policy. Do not submit information about your own clients through this Site.

10. Third-party links and services

The Site links to and relies on third-party services, including our CRM, dialer, scheduling and hosting providers. We do not control them and are not responsible for their content, availability or practices.

11. No warranty

The Site is provided "as is" and "as available", without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.

12. Limitation of liability

To the fullest extent permitted by law, ProducerScale will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost commissions, lost business or lost data, arising out of or relating to the Site or anything supplied through it — whether based in contract, tort, or any other theory, and even if we have been advised of the possibility.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Site is limited to the greater of the amount you paid us in the three months preceding the event giving rise to the claim, or one hundred US dollars.

13. Indemnity

You agree to indemnify and hold harmless ProducerScale, its officers and personnel, from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your use of the Site, your conduct in or after an appointment we set, your marketing or sales activity, or your breach of these terms or of any law.

14. Intellectual property

The Site, its copy, design, and marks are owned by ProducerScale or its licensors and are protected by intellectual property laws. You may view and print pages for your own internal business use. You may not copy, republish, scrape, or create derivative works from the Site without our written permission.

15. Changes

We may change these terms at any time by posting an updated version with a new "last updated" date. Continuing to use the Site after a change means you accept the updated terms.

16. Governing law

These terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. The state and federal courts located in Florida have exclusive jurisdiction over any dispute, and you consent to that jurisdiction and venue.

17. Miscellaneous

If any provision is found unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. These terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site, and do not replace any separate written agreement covering the supply of appointments.

18. Not affiliated with Facebook or Meta

This Site is not part of Facebook or Meta Platforms, Inc., and is not endorsed by Facebook in any way. Facebook is a trademark of Meta Platforms, Inc.

19. Contact

Questions about these terms: info@producerscale.com.