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Terms of Use

The terms for using our website, including call and text consent, electronic signatures, and how disputes are resolved.

Effective date: October 5, 2026 · Last updated: October 5, 2026

Please read carefully

These Terms of Use include an arbitration agreement with a class-action waiver that affects how disputes are resolved. You can opt out of arbitration within 30 days. They also include your consent to calls and texts when you submit a quote request, and your consent to electronic signatures.

1. Accepting these terms

These Terms of Use (“Terms”) are an agreement between you and Smith Agency Of Marshall LLC, doing business as Terry Smith Agency (“we,” “us,” or “our”), for your use of terrysmithagency.com and its pages, forms, and tools (the “Site”). By using the Site or submitting a form, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site. You must be at least 18 years old to submit a form. The Arbitration Agreement in Section 12 applies only if you submit a form on the Site.

2. About us & licensing

We are an insurance agency in Battle Creek, Michigan. Terry Smith is a licensed Michigan insurance producer, and we offer insurance in the states where we are licensed. We are appointed with several insurance companies, including Farmers Insurance. Insurance companies, not our agency, issue policies and decide whether to provide coverage.

Using the Site does not bind, create, or change any insurance coverage. Coverage starts only when an insurance company accepts your application and confirms coverage in writing. Never cancel an existing policy until a new one is confirmed.

3. Quotes are estimates

Any rate, price, savings figure, or sample premium shown on the Site or given before underwriting is an estimate only. Your final premium depends on the insurance company’s underwriting, your verified information, available discounts, and coverage choices. Sample rates and savings amounts on the Site are illustrations, not offers.

4. Website content

Articles, guides, and calculators on the Site are general information about insurance in Michigan. They are not legal, tax, or financial advice, and they are not a substitute for your policy. Your policy documents control what is covered. Laws, rates, and products change, and we cannot guarantee that every page is current. Contact us for advice about your situation.

5. Your submissions

When you submit a form, you confirm that the information is true and complete, that it belongs to you or that you are authorized to provide it, and that the phone number you provide is yours or one you are authorized to use. Insurers rely on accurate information. Giving false information to obtain insurance may result in denial of coverage or claims. We may contact you to verify details. We handle your information as described in our Privacy Policy.

When you submit a quote form and click its submit button, you give Terry Smith Agency (Smith Agency Of Marshall LLC) your prior express written consent, by electronic signature, to contact you at the number you provided with calls and text messages, including calls and texts made with automated technology, about your insurance quote and related insurance products and services, even if your number is on a state or national Do Not Call list. This consent is given only to our agency. It is not given to any other agency, and your information is never sold or shared with other agencies.

7. Electronic signatures (E-SIGN)

You agree that clicking a submit button on our forms is your electronic signature, with the same effect as a handwritten signature, under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and Michigan’s Uniform Electronic Transactions Act. You agree that we may give you disclosures, notices, and records about your quote request electronically, by email, text, or on this Site. To view and keep these records, you need a device with internet access, a current web browser, and an email account. You can ask for a paper copy at no charge, or withdraw your consent to electronic records, by contacting us at (269) 404-4049 or terry@terrysmithagency.com. Withdrawing consent does not affect records already provided. The consequences of withdrawing are that we will send future records on paper or by phone, which may slow our response; withdrawing does not cancel any policy or your consent to calls and texts unless you also ask us to stop. To update your email address or phone number, call or email us. If our hardware or software requirements change in a way that creates a material risk you cannot access or keep our records, we will tell you, and you may withdraw consent without charge. Insurance company documents may have separate electronic delivery terms.

8. Acceptable use

You agree not to submit information about another person without their permission, submit false or automated (bot) requests, interfere with the Site or its security, scrape or copy the Site in bulk, or use the Site for any unlawful purpose.

9. Intellectual property

The Site’s text, design, graphics, and code belong to us or our licensors and are protected by copyright and trademark law. You may view and print pages for personal, non-commercial use. Farmers Insurance® and other insurance company names and logos are trademarks of their respective owners and are used only to identify those companies.

10. Third-party sites

The Site links to websites we do not control, such as insurance company account portals and map services. We are not responsible for their content, terms, or privacy practices.

11. Disclaimers & limits

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES ABOUT THE SITE, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, AVAILABILITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE, AND OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE IS LIMITED TO $100.

These limits apply only to your use of the Site. They do not limit or waive any rights you have under an insurance policy, the Michigan Insurance Code, or any other law that cannot be waived, and they do not apply to our own gross negligence or willful misconduct.

12. Arbitration agreement

Please read this section carefully. It affects your rights.

Informal resolution first

Before starting arbitration, you and we agree to try to resolve any dispute informally. Send a written notice describing the dispute and the relief requested to terry@terrysmithagency.com or to 153 Columbia Ave E, Battle Creek, MI 49015. We will send any notice to the contact information you gave us. Both sides will negotiate in good faith for 30 days. All statutes of limitations and filing deadlines are tolled (paused) while this informal process is underway.

Binding arbitration

If the dispute is not resolved within 30 days, any dispute arising from or relating to the Site, your submissions, or our calls and texts to you, including claims under the Telephone Consumer Protection Act, will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at adr.org). The Federal Arbitration Act governs this section. The arbitrator may award the same individual relief a court could award. Hearings may take place by video or phone, or in person in the county where you live or in Calhoun County, Michigan.

Fees

We will pay all AAA filing, administration, and arbitrator fees for any arbitration under this section, except that if you start arbitration, you will pay only the portion of the filing fee that the AAA Consumer Rules assign to consumers, up to what you would pay to file in court. We will not seek attorney’s fees or costs from you unless the arbitrator finds your claim was frivolous.

Mass Arbitration

If 25 or more similar arbitration demands are filed against us by or with the help of the same or coordinated counsel, the AAA’s Mass Arbitration Supplementary Rules will apply, and the demands may be administered in batches. This process is intended to resolve claims efficiently. It does not waive any party’s right to an individual decision. Statutes of limitations and filing deadlines are tolled for each demand from the time it is filed until it is resolved, including while it waits in a later batch.

Who decides

A court decides whether the class action waiver and the Mass Arbitration provisions are enforceable. The arbitrator decides all other questions about the scope, validity, and enforceability of this arbitration agreement.

Class action and jury trial waiver

You and we each agree to bring claims only on an individual basis, not as a plaintiff or class member in any class, collective, or representative action. You and we waive the right to a jury trial in arbitration or in any court proceeding permitted under this section. If this class waiver is found unenforceable for a claim, that claim will be decided in court, not arbitration.

Exceptions

30-day right to opt out

You may opt out of this arbitration agreement within 30 days after you first submit a form on the Site. Email terry@terrysmithagency.com with “Arbitration Opt-Out” in the subject line, or mail a letter to Terry Smith Agency, 153 Columbia Ave E, Battle Creek, MI 49015. Include your name, phone number, and a statement that you opt out. Opting out does not affect any other part of these Terms.

13. Governing law & venue

These Terms are governed by the laws of the State of Michigan and applicable federal law, without regard to conflict-of-law rules. Any dispute not subject to arbitration will be brought only in the state courts located in Calhoun County, Michigan, or the United States District Court for the Western District of Michigan, and you and we consent to those courts’ jurisdiction.

14. General

We may update these Terms by posting a new version with a new effective date. Changes apply going forward. A change to the arbitration agreement will not apply to any claim that arose before the change, and if we make a material change to it you may opt out of the change within 30 days. If any part of these Terms is unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver. These Terms and our Privacy Policy are the entire agreement about your use of the Site.

Questions or complaints

Terry Smith Agency (Smith Agency Of Marshall LLC)
153 Columbia Ave E, Battle Creek, MI 49015
Phone: (269) 404-4049
Email: terry@terrysmithagency.com

Michigan residents may also contact the Michigan Department of Insurance and Financial Services at 877-999-6442 or michigan.gov/difs.

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