By using our services, you consent to enter into a legal agreement to abide by the Terms of Service (this “Agreement”). This Agreement contains a binding arbitration agreement, which states that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury.
By accessing Insurie.com (collectively also referred to herein as the “Site”),for the purpose of this agreement, “Site” means all content, services, and products available on the websites, emails, widgets or other media through which you accessed this Agreement.
The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is intended for and made available only to residents of the United States, age 18 or older. By accessing and using the Site, you accept and agree to, without qualification, the Terms and represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Site, including the provision or use of any Content, does not violate any applicable law.
If you do not agree to these Terms, you may not access or otherwise use this Site or Content. The terms constitute a legally binding agreement between you and us, Insurie.com, the operator of the Site (hereafter referred to as “we”, “us”, or “our”). “You” or “your” refers to the person(s) using this Site and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the websites and/or the services.
Insurie.com reserves the right to change or modify the Site, including the availability of any Site features, Content or database, or this Agreement (or any portion thereof) at any time. You agree to review this Agreement for such changes and modifications upon your use of the Site and that your continued use of the Site or Services constitutes your acceptance of such changes and modifications.
Your right to access and use our services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.
Your access and use of our Services may be interrupted from time to time, for any of several reasons, including but not limiting, due to technical malfunctions, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
We maintain exclusive control of access and right of access to the Site/Services. You understand and agree that we reserve the right to revoke your access at any time without notice or cause of action for any reason whatsoever. We may, at any time, modify or discontinue all or part of the Site, charge, change, or waive any fees required to use the site, or offer opportunities to some or all Site users.
To use certain Services, such as referrals to products, services, suppliers, and service providers that may be of interest to you (the “Site Services”), you may be required to provide us with information about you, which may be of a confidential nature and may include personal, identifying information, and/or financial information (“Your information”).
We, through the services, may provide a venue through which you can obtain information and content provided by us or by third parties. Links to third parties are provided for your convenience and reference only. Insurie.com does not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Insurie.com’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that Insurie.com is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
We are not a service provider. We are not a lending institution, insurance provider or other Service Provider. Instead, we, through our Services, may help to connect you with Service Providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue mortgages, credit cards, insurance coverage or any other financial products.
There is no guarantee of Quotes, fees, Terms, Rates, Coverages, or services. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available.
We may share your information with third parties when you use our Site to request a rate, quote, service, approval, or information from those third parties (a “Request”).
IF YOU SUBMIT A REQUEST, SERVICE PROVIDERS MAY CONTACT YOU DIRECTLY WITH QUOTES VIA MAIL, TELEPHONE, TEXT MESSAGE, FAX, EMAIL, AND OTHER MEANS OF COMMUNICATION, YOU MAY RECEIVE TELEMARKETING CALLS AS A CONSEQUENCE OF SUBMITTING A REQUEST THROUGH OUR SERVICES, EVEN IF YOU ARE ON THE NATIONAL DO NOT CALL REGISTRY OR ANY OTHER DO NOT CALL REGISTRY.
By submitting a Request, you expressly consent to the third party conducting any research necessary to provide you with information about your Request. Third parties may need to share your information to conduct such research. As an example, if you request credit card offers, consumer reports may be ordered in connection with your request. Such reports may provide information that may assist in determining eligibility for credit card offers. Consumer reports may also be used for updates, renewal, or extensions of credit card offers. If you do not want third parties to conduct necessary research to provide you with a quote for your Request, then you should not submit a Request.
Please read thoroughly and carefully as it affects your rights. You agree to attempt in good faith to settle any dispute or claim that has or may arise between us, which arises out of or relates in any way to these Terms or your use of the Site or the Content, including, without limitation, any dispute or claim between you and a Provider (each, a "Claim"), by way of consultations between you and us, which consultations will be initiated upon written notice by any party to the other (the "Consultation Notice"). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought ("Demand"). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this Section 2. Any notice to us under this Section 2 should be addressed to: support@insurie.com ("Notice Address").You agree to arbitrate all Claims between you and us, or any Provider, that cannot be amicably resolved in accordance with the foregoing paragraph. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (a) claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (b) claims that could be alleged as class action Claims (and you agree to waive the right to participate in a class action in accordance with this Section 2). For the avoidance of doubt, references in this Section 2 to "Site operator," "Provider," "we", "Prospect", "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services, information or Site Content available through the use the Site. This arbitration agreement does not preclude you from bringing an individual action in small claims court if your claims qualify, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Further, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or the Federal Trade Commission. You agree that, by entering into this arbitration agreement, you and we are each waiving our respective rights to a trial by jury or to participate in a class or representative action, and that arbitration of disputes pursuant to this Section 2 shall be in your individual capacity. THIS MEANS YOU ARE LIMITING YOUR RIGHT TO APPEAL AND ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE, OR JOIN THE CLAIMS OF OTHER PARTIES WHO MAY BE SIMILARLY SITUATED OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
The arbitration will be governed by the American Arbitration Association ("AAA") under its then-prevailing rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Agreement (but expressly excluding the Supplementary Rules for Class Arbitration and any other AAA Rules that conflict with the waiver of class arbitration and representative proceedings below), and will be administered by one (1) arbitrator with relevant industry experience appointed in accordance with the AAA Rules. The AAA Rules are available at https://www.adr.org/Rules or by calling (800) 778-7879. The arbitrator is bound by the terms of this Agreement and shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. All issues are for the arbitrator to decide, including, without limitation, issues relating to the applicability and enforceability of this arbitration agreement.
Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings under this Section 2 will take place in the county where you are domiciled. If your Claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for in this Section 2, in any arbitration between you and us under this Section 2, all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above where Claims for damages do not exceed $10,000 shall, at your written request, be paid by us. Any request for payment of fees by us shall be submitted by mail to the AAA along with your demand for arbitration, and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules.
The arbitrator 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. The arbitrator shall not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law.
With the exception of the provision in the preceding paragraph prohibiting class arbitration or representative proceedings, if an arbitrator or court decides that any part of this Section 2 is invalid or unenforceable, the other parts of this Section 2 shall still apply to the maximum extent possible. In the event that the foregoing prohibition on class arbitration or representative proceedings is deemed invalid or unenforceable, then the entirety of this Section 2 shall be null and void. The remainder of the Terms, including, without limitation, Section 16 (Choice of Law and Forum), will remain in force.
You may opt-out of this arbitration provision only by written notice to us at the Notice Address (support@insurie.com) within thirty (30) days of your acceptance of this agreement, which notice shall include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
If we make any change to this arbitration provision (other than a change to the Notice Address) during the term of your relationship with us, that change shall not apply to any Claim against us initiated prior to the effective date of the change. The change shall apply to all other Claims that have arisen or may arise between you and us. We will notify you of changes to this arbitration provision by posting the amended terms on the Site or by email, in each case at least thirty (30) days before the effective date of the changes.
Notwithstanding anything to the contrary in these Terms, Providers shall be third party beneficiaries of the rights to dispute resolution and arbitration set forth in this Section 2, and each Provider shall have the right to enforce this Section 2 against Users as if such Provider were a party to the agreement set forth in this Section 2 in the event of any dispute or claim between you and such Provider based on or relating to any transaction or interaction between you and such Provider that is enabled by or arises in connection with your use of the Site.
DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Transmissions, Submissions and Postings to our ServicesIf you transmit, submit or post information to our Services that is not Federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). If you have obtained prior written permission from us to transmit, submit or post information to our Services that is Federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights; Information that violates any law, statute, ordinance or regulation; Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy; Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”; Information that is false, inaccurate or misleading; Commercial advertisements or solicitations without our written permission; or Federally trademarked and/or copyrighted information without our prior written permission. Although we do not regularly review your transmissions, submissions or postings, we reserve the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Under our Privacy Policy, we may review transmissions, submissions or postings made by you to determine, in our sole discretion, your compliance with this Agreement.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials about the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our prior written permission.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written permission.
When you visit Insurie.com or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you submit a request to be matched with one of our third-party lenders, please note that these third party lenders are required by law to provide you with certain communications, notices, disclosures, information and other materials (“Communications”). These third-party lenders must obtain your consent in order to provide you with these Communications electronically. By submitting a request to be matched with one of our third-party lenders, you affirmatively consent and agree to receive all Communications required under law electronically.
Insurie.com mobile alerts are marketing text messages that contain information about Insurie.com’s promotions, deals, or products that may be of interest to you.
By submitting your information, you expressly consent to receive recurring autodialed marketing messages from or on behalf of Insurie.com at the mobile number you provided. You understand that consent is not a condition of purchase. Message and data rates may apply. Message frequency will vary.
The Site, including all content, services, functions, software, materials, and information made available on or accessed through the site, is provided on an “as is, as available” basis, and Insurie.com does not offer maintenance or support services for any portion of the site, including the application. To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the site, for the content on the site or the services, information, functions and materials available through the site, for any services or products or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, title, merchantability, and fitness for a particular purpose. We do not warrant that the functions contained in the site or the server that makes it available is free of viruses or other harmful components. Any material or data downloaded or otherwise obtained through the use of the site is done at user’s own discretion and risk, and user through the site shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusions of certain warranties. Accordingly, some of the above exclusions may not apply to you.
You agree to indemnify, defend and hold harmless Insurie.com and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“Insurie.com Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys' fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of Insurie.com. The Insurie.com Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Insurie.com’s liability, if any, shall be limited to direct and foreseeable damages, which shall not exceed the amount provided below. Under no circumstances shall Insurie.com be liable for indiurect, incidental, consequential, special, statutory, punitive or exemplary damages such as, but not limited to, loss of revenue or anticipated profits or lost business, loss of or damage to data, or emotional distress notwithstanding any other provision of this agreement, in no event shall Insurie.com’s total liability exceed U.S. $100.00. These limitations and exclusions apply even if this remedy does not fully compensate you for my losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to this agreement or to the services.
In the event that you have a dispute with any Provider, Prospect, or other third party, including without limitation any other user of the Site, arising from or in connection with the use of the Site , you hereby agree to release, remise and forever discharge us and our agents, directors, officers, employees, shareholders and all other related persons or entities from any and all manner of rights, complaints, demands, claims, causes of action, proceedings, obligations, liabilities, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute or your use of the Site. If you are a California resident, you hereby waive California civil code section 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Midnight Oil Marketing Group INC.
ATTN: Copyright Agent
702 Ash Street Unit 107
San Diego, CA 92101
Email: support@insurie.com
The Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure of Insurie.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Insurie.com in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations, including any export controls, embargoes or other rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.