Effective: January 1, 2021
We reserve the right to revise, update, change, replace, suspend, discontinue, or otherwise modify any part of this Agreement, our Site, or Insurance Services at any time for any reason at our sole discretion without notice to you. As a general rule, all changes will be effective immediately and subject to the terms of this Agreement. We will alert you of any updates or other modifications by revising the date at the top of this Agreement and posting the “revised” Agreement on our Site. You acknowledge that you waive any right to receive specific notice of each such change or modification to this Agreement; however, in accordance with specific requirements of applicable state insurance laws, some changes will only be made on renewal of your insurance policy and communicated to you in advance. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to our Site or Insurance Services following the posting of any changes constitutes your acceptance of such changes.
We grant you a revocable, non-exclusive, non-transferable limited right to access and use our Site and Insurance Services strictly in accordance with this Agreement. You will not: (a) violate any applicable laws, rules, or regulations in connection with your access or use of our Site or Insurance Services; (b) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark posted by us on our Site; (c) use our Site or Insurance Services for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; or (d) use our Site to send automated queries to any website or social networking site or page or to send any unsolicited commercial email or text messages.
Our Site and Insurance Services, which include without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, forms, checklists, documents, and the like, as well as their selection and arrangement, are owned by us. Our Site and Insurance Services are subject to copyright, trademark, and other intellectual property rights. We will protect all copyrights in our Site and Insurance Services to the fullest extent allowed under law. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content.
Our Site and Insurance Services include both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property and subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by you. In addition, the look and feel of our Site is our service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned or used in connection with our Site or Insurance Services are the property of their respective owners. Reference to any products, services, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. You may browse our Site, download and print content if you keep intact all copyright, proprietary statements and trademark notices. No reproduction of any part of our Site may be distributed for commercial gain nor shall Insurance Services be sold, modified or incorporated into any other work, publication, or website.
We respect the intellectual property rights of others and request that all users of our Site and Insurance Services do the same. In accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”), if you believe that any content available in or through our Site infringes upon any copyright you own or control, you may send a written notice of copyright infringement (“Notification”) containing the following information to our Designated Agent to Receive Notification of Claimed Infringement (our “Copyright Agent”): A physical or electronic signature of a person authorized to act on behalf of the allegedly infringed copyright owner; identification of the works or materials being infringed; identification of the material this is claimed to be infringed, with sufficient detail to enable us to find and verify its existence; contact information about the notifier; a statement that the notifier has a good faith belief the material identified that is claimed to be infringed is not authorized by the copyright owner or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifier is authorized to make the complaint on behalf of the copyright owner.
Send your Notification by email to firstname.lastname@example.org. Please see DMCA 17 U.S.C. § 512(c)(3) for the requirements for a proper takedown notification. Upon receipt of your Notification, we will remove or disable access to the infringing content identified in your Notification; however, we may ask you to provide further or supplemental information prior to removing any content from our Interfaces. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification.
If a counter-notice is received by our Copyright Agent, we may, in our discretion, send a copy of the counter-notice to the original complaining party information that individual that we may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner file an action seeking court order against the content provider accused of committing copyright infringement, the removed content may be replaced or access to it restored in ten (10) or more business days after receipt of the counter notice, at our discretion.
You acknowledge and agree that any feedback, comments, questions, suggestions, ideas, responses on surveys, or other communications or materials (collectively, “Submissions”) in connection with our Site or Insurance Services provided by you to us will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of all Submissions for any lawful purpose without acknowledgment to you or payment of any compensation. You hereby waive your moral rights to any Submissions and you hereby warrant that any Submission is original with you or that you have the legal right to make the Submission. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We are under no obligation to use or acknowledge a Submission.
You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our Site any of the following: (a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent, deceptive or misleading; (b) User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law; (c) User Content that may infringe any patent, trademark trade secret, copyright or other intellectual or proprietary right of any party; (d) unsolicited promotions, advertising, or solicitations; (v) private information of any third party, such as medical information, email address, Social Security number; or (e) User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas of our Site, or which may expose us to any harm or liability of any type.
You may not use our logo or any other proprietary graphic to link to or from our Site. Third party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by link from or to our Site. We may provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. We may accept advertisers and sponsors to display their advertisements and other information via our Site (e.g. sidebar advertisements or banner advertisements). We expect advertisers to take full responsibility for any advertisements placed, any services provided, or any products sold through those advertisements. By using our Site or Insurance Services, you expressly relieve us from any liability arising from your use of third-party websites and advertisers.
By accessing and using our Site or Insurance Services, you agree that we may collect, use, and disclose certain information about you. We may use this information to contact you using various electronic communication methods for a variety of purposes, such as to inform you of additional features to our Site or Insurance Services or for purpose of informing you of any related services (any such contact is a “Message”). You agree that any Message we may transmit to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Please be aware that text and/or data rates may apply to Messages you may receive via your mobile device, depending on the data plan you have with your mobile service provider.
OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL CONTENT AND/OR INSURANCE SERVICES OFFERED OR AVAILABLE VIA OUR SITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT AND/OR INSURANCE SERVICES ACCESSED VIA OUR SITE, WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR INSURANCE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, TECHNICAL FAILURES, INCOMPLETE, SCRAMBLED, OR DELAYED TRANSMISSIONS OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF OUR SITE SAFE AND SECURE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SITE AND INSURANCE SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE, OR OTHER HARMFUL COMPONENTS. AVAILABILITY OF INSURANCE SERVICES AND OTHER CONTENT VIA OUR SITE OR ACCESSIBLE THEREFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND INSURANCE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ESI OR OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SITE OR INSURANCE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON INFORMATION OBTAINED FROM OUR SITE OR FROM ERRORS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITE OR INSURANCE SERVICES. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF ESI, OUR SITE, INSURANCE SERVICES, OR ANY PROVISION OF THIS AGREEMENT, AS YOUR SOLE AND EXCLUSIVE REMEDY, YOU MAY DISCONTINUE USING OUR SITE AND INSURANCE SERVICES. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY AN UNAUTHORIZED USE OF OUR SITE OR INSURANCE SERVICES, YOU MAY BE LIABLE TO OTHERS, AS WELL AS TO US, IF YOU USE OUR SITE OR INSURANCE SERVICES IN VIOLATION OF THIS AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless ESI and all of our respective affiliates, subsidiaries, officers, agents, partners, and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your Feedback; (b) your use of our Site or Insurance Services; (c) breach of this Agreement; (d) any breach of your representations and warranties set forth in this Agreement; (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or (f) any overt harmful act toward any user of our Site or Insurance Services or any other third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
THIS ARBITRATION AGREEMENT CONTAINS MANDATORY BINDING ARBITRATION AND WAIVER OF CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Negotiations. In an effort to expedite resolution and to control the cost of a dispute, difference, controversy, or claim of any kind or nature whatsoever arising out of or in any way relating to this Agreement, our Site, and/or Insurance Services (“Dispute”) brought by you against us, you and ESI hereby agree to first attempt to resolve such Dispute through negotiation and amicable settlement. You agree to make good faith efforts to resolve any Dispute informally for a period of at least thirty (30) days before initiating legal action. Informal negotiations for amicable settlement will begin when we receive written notice from you. Written notice must be sent by email email@example.com.
Agreement to Binding Arbitration. If a Dispute is not satisfactorily resolved within thirty (30) days after an informal notice is received by us, then either you or ESI may submit the Dispute for a resolution to binding arbitration. You and ESI hereby agree that each and every Dispute will be submitted to, settled, resolved, and determined via binding arbitration administered by the American Arbitration Association (the “AAA”) and that the AAA is authorized to apply either its Consumer Arbitration Rules or its Commercial Arbitration Rules, as appropriate for the Dispute (hereafter, this “Arbitration Agreement”). No demand for arbitration may be made after the date when the commencement of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations. Indiana law will apply and the place of arbitration will be Indianapolis, Indiana. Judgment on the award rendered by the arbitrator will be entered by any court having jurisdiction thereof.
Waiver of Right to Jury Trial and Class Action. By entering into this Arbitration Agreement, both you and ESI are relinquishing the constitutional right to have such Dispute decided in a court of law before a judge or jury, and instead, are accepting the use of binding arbitration. You hereby understand and agree to resolve each Dispute only by the use of binding arbitration administered by the AAA. In addition, this Arbitration Agreement affects your ability to participate in class, collective, or representative actions (including class or collective arbitrations). To the full extent permitted by law, it is understood and agreed by you and ESI that: (i) No arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, even if allowed under the AAA rules; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of any other parties. BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING ANY AND ALL RIGHTS TO A TRIAL BY JURY AND YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS PROCEEDING.
Mode of Arbitration and Decision. The resolution of any Dispute will be determined by one neutral arbitrator, and not a judge or jury. Each party to the Dispute is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than in court. The mode of arbitration will be determined by the arbitrator. It can be in person, by phone, or online. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Indianapolis, Indiana. The arbitrator’s decision is as enforceable as any court order. The decision of an arbitrator will be binding on you and EST and there will generally be no right to appeal an adverse decision. The arbitrator will issue all decisions in writing. The arbitrator will issue a reasoned award. The arbitration proceedings and the arbitrator’s award will be maintained by you and ESI as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages.
Refusal to Proceed with Arbitration. If you refuse or fail to go forward with arbitration, we reserve the right to proceed with arbitration, the appointment of an arbitrator, and a hearing to resolve the Dispute, despite your refusal to participate or your absence. Submission to any Dispute under this Arbitration Agreement may only be avoided by a valid court order, indicating that the Dispute is beyond the scope of the Arbitration Agreement as provided by Indiana law or that the Dispute contains an illegal aspect precluding resolution by arbitration. Any party to this Arbitration Agreement who refuses to go forward with arbitration hereby acknowledges that the arbitrator will go forward with the arbitration hearing and render a binding decision without the participation of the party opposing arbitration.
All matters relating to the Agreement, our Site, Insurance Services, or a Dispute, and any claim for damages arising therefrom or related thereto will be construed and interpreted in accordance with the laws of the state of Indiana without regard to any applicable state’s choice of law provisions. You hereby consent to venue and personal jurisdiction in Marion County (Indianapolis), Indiana and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
This Agreement, including any policies, notices, operating rules, or statements posted via our Site, or in respect to Insurance Services, constitute the entire agreement and understanding between you and ESI. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay or failure to act arising out of or on account of any cause beyond our reasonable control. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed stricken and will not affect the validity and enforceability of any remaining provisions of this Agreement. You agree to abide by the terms of this Agreement. You hereby waive any and all defenses you may have based on the electronic format and the lack of a hand-written signature by each party hereto to execute this Agreement.
If you have questions, comments, concerns, or wish to report a violation regarding this Agreement, please send us an email at firstname.lastname@example.org.