IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND INSUREMENOW THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1) Agreement to Terms. By accessing and using our Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not access or use the Site. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Please note that these Terms only cover the access and use of our Site, and do not cover your use of (i) our products, services, and other online or off-line offerings we may offer (the “Services”) or (ii) Third-Party Services (defined below).
2) Privacy Notice. Please refer to our Privacy Notice for information on how we collect, use and disclose information from our users who access the Site. You acknowledge and agree that your access and use of the Site is subject to our Privacy Notice. You represent and warrant that: (i) you have the legal right to provide personal information to InsureMeNow and/or its third-party marketing partners for the purposes contemplated under these Terms; and (ii) that such information is accurate, true, and up-to-date.
3) Changes to the Terms or the Site. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications to you. It’s important that you review the Terms whenever we update them or you access the Site. If you continue to access the Site after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not access the Site anymore. Because our Site is evolving over time, we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
4) Who May Use the Site? You may access and use the Site only if you are 18 years or older, capable of forming a binding contract with InsureMeNow, and are not barred from accessing the Site under applicable law.
5) Content Ownership and License.
a) Definition. For purposes of these Terms, “Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site.
b) Our Content Ownership. Subject to the foregoing, InsureMeNow and its licensors exclusively own all right, title and interest in and to the Site and Content, including all associated intellectual property rights. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content.
c) Rights in Content Granted by Us. Subject to your compliance with these Terms, InsureMeNow grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Site.
6) General Prohibitions and InsureMeNow’s Enforcement Rights. You agree not to do any of the following:
a) Use, display, mirror or frame the Site or any individual element within the Site, InsureMeNow’s name, any InsureMeNow trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without InsureMeNow’s express written consent;
b)Access, tamper with, or use non-public areas of the Site, InsureMeNow’s computer systems, or the technical delivery systems of InsureMeNow’s providers;
c)Attempt to probe, scan or test the vulnerability of any InsureMeNow system or network or breach any security or authentication measures;
d)Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by InsureMeNow or any of InsureMeNow’s providers or any other third party (including another user) to protect the Site or Content;
e)Attempt to access or search the Site or Content or download Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by InsureMeNow or other generally available third-party web browsers;
f)Use any meta tags or other hidden text or metadata utilizing a InsureMeNow trademark, logo, URL or product name without InsureMeNow’s express written consent;
g)Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
h)Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
i)Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
j)Impersonate or misrepresent your affiliation with any person or entity;
k)Violate any applicable law or regulation;
l)Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; or
m)Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Site or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
7) Third Party Services. You acknowledge and agree that InsureMeNow may share your personal information or connect you with InsureMeNow’s third-party marketing partners that may provide you with marketing materials, products, and services. In addition, the Site may contain links to third-party websites or resources. We provide these links only as a convenience. The third-party websites or resources together with InsureMeNow’s third-party marketing partners are collectively called “Third-Party Services.” We are not responsible for the practices of, or content, products or services on or available from Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from the practices of, or your interaction with or use of any Third-Party Services.
8) Feedback. We welcome feedback, comments and suggestions for improvements to the Site (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9) Suspension, Termination. We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Site, the following Sections will survive: Sections 5(b), 6, 9, 10, 11, 12, 13, 14, and 15.
10) Warranty Disclaimers. THE SITE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
11) Indemnity. You will indemnify and hold harmless InsureMeNow and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Site or (ii) your violation of these Terms.
12) Limitation of Liability.
a)TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER INSUREMENOW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSUREMENOW OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL INSUREMENOW’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED FIFTY DOLLARS ($50).
c)THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INSUREMENOW AND YOU.
13) Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, USA, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 14 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and InsureMeNow are not required to arbitrate will be the state and federal courts located in the Western District of Washington, and you and InsureMeNow each waive any objection to jurisdiction and venue in such courts.
14) Dispute Resolution.
a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and InsureMeNow agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and InsureMeNow are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
b) Exceptions. As limited exceptions to Section 14(a)above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
e) Injunctive and Declaratory Relief. Except as provided in Section 14(b)above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
f) Class Action Waiver. YOU AND INSUREMENOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
g) Severability. With the exception of any of the provisions in Section 14(f)of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
15) General Terms.
a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between InsureMeNow and you regarding the Site and Content, and these Terms supersede and replace any and all prior, oral or written understandings or agreements between InsureMeNow and you regarding the Site and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without InsureMeNow’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. InsureMeNow may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
b) Notices. Any notices or other communications provided by InsureMeNow under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
c) Waiver of Rights. InsureMeNow’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of InsureMeNow. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
16) Contact Information. If you have any questions about these Terms or the Site, please contact InsureMeNow at firstname.lastname@example.org.