Terms of service.

The Gaines Agency

Last Updated: September 5, 2025

Welcome to The Gaines Agency. These Terms of Service ("Terms") govern your access to and use of the website located at www.thegainesagency.com (the "Site"), and the services provided by The Gaines Agency ("we," "us," or "our"), a company based in Colorado Springs, CO.

Please read these Terms carefully. By accessing our Site, using our services, or opting into our communications programs, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Site or services.

1. Acceptance of Terms

By using the Site or any of our services, you affirm that you are of legal age to enter into this agreement and that you accept and are bound by these terms and conditions.

2. Description of Services and Business Operations

The Gaines Agency provides professional services focused on financial planning and security. Our offerings include consultation and agency services for life insurance products and investments. We specialize in utilizing modern technology to accommodate the needs of our clients, facilitating remote sales and service models to ensure accessibility and convenience. This technological approach also allows us to offer remote sales roles to professionals seeking opportunities in the insurance and financial services industry. We are committed to maintaining high ethical standards in all our sales and recruiting practices.

3. Mobile Messaging (SMS) Program

We offer a mobile messaging program (the "SMS Program") to provide timely information and opportunities to interested individuals. By participating in the SMS Program, you agree to these Terms and our Privacy Policy.

A. Program Description

The SMS Program provides updates related to insurance products, investment services, appointment reminders, policy information, and ethical sales and recruiting opportunities.

B. Opting In

You may opt into the SMS Program through the online forms on our website or by otherwise providing your explicit consent. By opting in, you expressly consent to receive automated marketing and informational text (e.g., SMS and MMS) messages from The Gaines Agency to the mobile telephone number you provided. Consent is not a condition of purchase.

C. Message Frequency

We strive to keep communication relevant. The frequency of messages may vary, but you can expect to receive a maximum of five (5) messages per week.

D. Costs and Fees

Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. The Gaines Agency does not charge you for sending or receiving text messages.

E. Opting Out (STOP Information)

You can cancel your participation in the SMS Program at any time. To stop receiving text messages from The Gaines Agency, text the single keyword command STOP to the number from which you are receiving messages. After you send the SMS message "STOP" to us, we will send you a one-time SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time.

F. Help Information

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly by contacting us using the information below.

G. Carrier Liability

Carriers are not liable for delayed or undelivered messages.

4. Privacy Policy

Your use of the Site and the SMS Program is also subject to our Privacy Policy, which informs users of our data collection practices. Please review our Privacy Policy located on our website.

5. Use of the Website

You agree to use the Site only for lawful purposes. You are prohibited from violating or attempting to violate the security of the Site, including accessing data not intended for you or attempting to breach security measures without proper authorization.

6. Intellectual Property

All content on this Site, including text, graphics, logos, images, and the design and arrangement thereof, is the property of The Gaines Agency and is protected by United States and international copyright laws. You may not reproduce, distribute, modify, or create derivative works of any content without our express written permission.

7. Disclaimer of Warranties

The Site and services are provided on an "as is" and "as available" basis. The Gaines Agency makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site is at your sole risk. We do not warrant that the services will be uninterrupted or error-free.

Information provided regarding insurance products and investments is for informational purposes only and does not constitute financial advice.

8. Limitation of Liability

To the fullest extent permitted by applicable law, The Gaines Agency, its affiliates, employees, agents, officers, or directors shall not be liable for any damages of any kind arising from the use of this Site or our services, including, but not limited to, direct, indirect, incidental, punitive, special, and consequential damages (including loss of profits, data, or goodwill). This limitation of liability applies regardless of the legal theory under which damages are sought, even if we have been advised of the possibility of such damages.

9. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court located in El Paso County, Colorado.

10. Changes to Terms of Service

We reserve the right to update or modify these Terms at any time. All changes are effective immediately when we post them. Your continued use of the Site following the posting of any changes to the Terms constitutes acceptance of those changes. You are expected to check this page periodically for updates.

11. Contact Information

If you have any questions about these Terms of Service, please contact us via the information available on our website: www.thegainesagency.com.