Terms of Use
Last Updated & Effective: August 8, 2024
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the USAInsurance.org website ("Website"), "USAInsurance App" mobile application ("Mobile Application") and any of their related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and USAInsurance.org ("USAInsurance", "we", "us" or "our"). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and USAInsurance.org, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Scope of Terms
These Terms apply to all users of our Services, including visitors who do not create an account. By using or accessing the Website or Services, you acknowledge that you understand, accept, and agree to be bound by this Agreement and any additional terms referenced that apply to the Services you use.
Accounts and Membership
You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Verification Requirements
Since you provide sensitive data when using our Services, we may require you to verify your identity before providing access to certain services. This verification may apply to both account holders and consumers seeking quotes through our platform.
User Content
We do not own any data, information, or material (collectively, "Content") that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all submitted Content. We may monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.
Privacy and Data Sharing
Our Privacy Policy, hereby incorporated by reference into this Agreement, explains how we collect, protect, share, and use your information. We may share your data with third-party vendors, partners, and affiliates for the purpose of generating quotes or offering services, according to our Privacy Policy. While we do not own the content you provide, you consent to its sharing as described in the Privacy Policy.
User Data Consent
By using the Services, you consent to the sharing of your data with third-party service providers, particularly for the purpose of generating insurance quotes. This consent is inherent in the use of our Services, and by submitting any form or data, you grant us the right to share your information as described.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed to, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of Information
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Third-Party Services
If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against USAInsurance.org with respect to such other services. USAInsurance.org is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting USAInsurance.org to disclose your data as necessary to facilitate the use or enablement of such other services.
Backups
We perform regular backups of the Website and its Content and will do our best to ensure the completeness and accuracy of these backups. However, users are responsible for maintaining their own copies of any important information. In the event of hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.
Advertisements
During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
Links to Third-Party Websites
The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. USAInsurance.org does not operate or control in any respect any information, software, products, or services available on non-affiliated third-party websites. USAInsurance.org'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 Website, you agree that USAInsurance.org 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.
Errors and Delays
You agree that USAInsurance.org is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Dispute Resolution, Governing Law, Waivers, and Limitations
You agree that any dispute between you and us, including without limitation disputes relating to the Website, Content, or Services ("Dispute"), shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. Disputes will be arbitrated at a hearing conducted in Delaware; the arbitrator(s) shall have no authority to deviate from the law, and the arbitrator(s) shall make all reasonable efforts to expedite the arbitration proceedings and to limit discovery. This means that you will not be able to litigate any such Dispute in court, and that you agree to waive your right to a jury trial. You agree that any Dispute will be governed by the laws of Delaware without regard to any conflicts of laws provisions. If any matter proceeds in court, including post-arbitration confirmation proceedings, you agree to the exclusive personal jurisdiction by, and venue in, the state and federal courts located in Delaware, and you waive any objection to such jurisdiction or venue.
You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
You agree that any dispute or cause of action arising out of or related to the Website, Services, or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
Intellectual Property Rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by USAInsurance.org or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with USAInsurance.org. All trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of USAInsurance.org or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of USAInsurance.org or third-party trademarks.
Disclaimer of Warranty
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Insurance-Specific Disclaimers
All quotes provided through our platform are estimates, and actual rates may vary depending on the insurance provider’s final assessment. Marketing campaigns may mention rates based on generic information, which may differ, sometimes significantly, depending on the individual consumer’s situation.
USAInsurance.org does not guarantee the accuracy or availability of any insurance product or quote provided through the platform. All services are provided “as is,” without any warranty regarding suitability for a particular purpose.
Limitations of Liability
To the fullest extent permitted by applicable law, in no event will USAInsurance.org, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of USAInsurance.org and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to USAInsurance.org for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Specific Liability for Quotes
USAInsurance.org is not liable for any discrepancies between the insurance quotes provided through the platform and the final rates or terms offered by insurance providers.
Indemnification
You agree to indemnify and hold USAInsurance.org and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services, any claims arising from the use of third-party services, or any willful misconduct on your part.
Third-Party Claims
You agree to indemnify and hold harmless USAInsurance.org and any third-party service providers, including insurance providers, from any claims arising out of the accuracy of information provided by third-party insurance providers.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third-party products, and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third-party products, and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Content Licensing
You grant USAInsurance.org a non-exclusive, royalty-free, worldwide license to use, reproduce, adapt, modify, publish, and distribute any user-generated content (e.g., reviews, comments) you provide through the platform. This license includes the right to sublicense such content to third parties for commercial use. From time to time, we may use reviews, comments, or feedback obtained from other review sites or social media networks if it relates to our business.
Alternative Dispute Resolution (ADR)
In addition to arbitration, we offer mediation as an alternative dispute resolution mechanism, particularly for disputes arising from data handling or privacy concerns. All claims under the Telephone Consumer Protection Act (TCPA) and related regulations must first be submitted to mediation or arbitration before proceeding to court.
Notification of Changes
We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. When we do, we will revise the updated date at the top of this page and post a notification on the website within the page where the updates or modifications were made. Continued use of the Services after any such changes shall constitute your consent to such changes.
Explicit Consent
For certain services, especially where sensitive data is involved, we may require explicit consent to these Terms & Conditions at the point of data submission or account creation. This consent may be obtained through a checkbox or as part of the submission process when clicking a button labeled "Continue," "Submit," "Get Rates," "Get Quotes," or similar language that indicates acceptance of these terms.
Assignment
You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of our assets or stock or as part of a merger.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
Contacting Us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form.