Welcome to Usainsurance! This website, www.usainsurance.co, and any other websites of Usainsurance LLC (DBA Usainsurance Services LLC in NY) (“Usainsurance,” “we,” “us,” or “our”) (collectively, the “Site”) is owned and operated by Usainsurance. The terms and conditions of use detailed below (the “Terms of Use”) govern your access to and use of the Site and apply to all internet users visiting the Site or the our mobile application (the “App”) by access or using the Site or App in any way, including using the services and resources that we make available to you through the Site or App (the “Services”). These Terms of Use are a legal contract between you and Usainsurance. By accessing or using the Site or downloading the App or using any of the Services, you hereby represent that (1) you have read, understand and agree to these Terms of Use, (2) you are at least 18 years of age or the age of majority in your jurisdiction, and (3) you agree to be bound by all applicable laws and regulations. If you do not agree with these Terms of Use, then you may not access or use the Site, the App, or the Services.
PLEASE BE AWARE THAT THE “DISPUTE RESOLUTION” SECTION OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF USE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
These Terms of Use are effective as of the “Last Updated” date specified above. WE MAY CHANGE THESE TERMS OF USE AT ANY TIME IN OUR SOLE DISCRETION. When changes are made, we will make a new copy of the Terms of Use available at the Site and within the App. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined below) we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms of Use will be effective immediately for new users of the Site, the App and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing Registered Users, provided that any material changes shall be effective for Registered Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined below). We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Site, the App, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site, the App, and/or the Services. Your continued use of the Site, the App, or Services after any such change will constitute your acceptance of any modified terms. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Your use of the Services may involve the transmission to us of certain personally identifiable information. Our policies with respect to our collection and use of such information are set forth in our Privacy Policy found at usainsurance.co/privacy, which is hereby incorporated by reference in its entirety.
If you agree to receive text messages from Usainsurance, then message and data rates may apply and message frequency may vary.
Insurance Services. The Services include our Personal Insurance Checkup, which consists of content, tools, links and recommendations intended to provide you with decision support related to insurance. All information provided to you through your use of this Service is provided for general informational and educational purposes.
The Services may also include our preparation of quotes and brokering and transacting of sales to you of third-party insurance products. We are a licensed independent insurance broker. We do not underwrite any insurance policy made available to you through the Services. Any insurance policy premium quotes or ranges displayed on the Site or through the Services are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application. Insurance products and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The third-party insurance products offered for sale through the Site are only available in the jurisdictions in which we are properly licensed.
Your use of certain Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable third-party insurance carriers. Any third-party insurance products purchased by you through the Site are subject to the terms and conditions of the applicable insurance carrier. In the event of a conflict between these Terms of Use and the terms of any such other terms, the terms of such other terms will control.
Will and Estate Planning Services. The Services also include, for your convenience, self-help “fill in the blank” forms that help you prepare simple wills, trusts, and other estate planning documents (together with any related instructions and resulting documentation, the “Forms”) (the “Will and Estate Planning Services”). We are not a law firm and are not licensed to practice law. We may not, and do not, provide legal representation or advice. No attorney-client relationship is created or intended to be created between you and Usainsurance or its employees or agents. Communications between you and Usainsurance are not protected by the attorney-client privilege or work product doctrine. OUR SERVICES AND OUR FORMS ARE PROVIDED FOR YOUR PERSONAL USE ONLY. THEY DO NOT CONSTITUTE LEGAL OR TAX ADVICE. OUR SERVICES AND OUR FORMS ARE NOT A SUBSTITUTE FOR THE ADVICE OR SERVICES OF AN ATTORNEY OR TAX CONSULTANT. We do not review the information you provide for completeness, legal sufficiency, or accuracy, nor do we draw any legal conclusions, provide opinions, or make recommendations about the selection of forms, nor do we apply the facts of your particular situation to the law. The law is a personal matter, and no generalized information or one form (i.e., the Forms) is applicable to every situation. You should consult with an attorney or tax professional if: you have any questions about the accuracy, sufficiency, or effect of any completed Forms or related documents; you have any questions about the Forms’ legal effects or tax implications; you want legal or tax advice on any specific issues; or if you think your situation may be too complex to be addressed by our Forms.
The App, the Site, the Services, and the information and content available on the Site and in the App and the Services (as these terms are defined herein) (each, a “Usainsurance Property” and collectively, the “Usainsurance Properties”) are protected by copyright laws throughout the world. Subject to the Terms of Use, we grant you a limited license to reproduce portions of the Usainsurance Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by us in a separate license, your right to use any and all Usainsurance Properties is subject to the Terms of Use.
App License. Subject to your compliance with the Terms of Use, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
Forms. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to create derivative works of, modify, reproduce, reverse engineer, enhance or in any way exploit any of the Forms, other than as permitted to complete the Forms for your own authorized use. You shall not alter or remove any copyright notice from the Forms. Notwithstanding the foregoing, you are licensed to download and print, for your personal records, electronic and physical copies of the Forms you produced through the Usainsurance Services. Any right not expressly granted in these Terms of Services are reserved by us. The design, text, graphics and selection and arrangement of the Forms are copyright © Usainsurance LLC. All rights reserved.
Updates. You understand that the Usainsurance Properties are evolving. As a result, we may require you to accept updates to the Usainsurance Properties that you have installed on your computer or mobile device. You acknowledge and agree that we may update the Usainsurance Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Usainsurance Properties.
Certain Restrictions. The rights granted to you in the Terms of Use are subject to the following restrictions : (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Usainsurance Properties or any portion of the Usainsurance Properties, including the Site , (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Usainsurance Properties (including images, text, page layout or form) of Usainsurance; (c) you shall not use any metatags or other “hidden text” using our name or trademarks ; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Usainsurance Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Usainsurance Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Usainsurance Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Usainsurance Properties. Any future release, update or other addition to the Usainsurance Properties shall be subject to the Terms of Use. We and our suppliers and service providers reserve all rights not granted in the Terms of Use. Any unauthorized use of any Usainsurance Property terminates the licenses granted by us pursuant to the Terms of Use.
Third-Party Materials. As a part of the Usainsurance Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Usainsurance Properties, including but not limited to, a mobile device that is suitable to connect with and use the Usainsurance Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Usainsurance Properties.
Usainsurance Communications. By entering into these Terms of Use or using the Usainsurance Properties, you agree to receive communications from us, including via e-mail, text and/or SMS messages, calls, and push notifications, even if your number is on a do not call list. You agree that texts/SMS, calls or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text and/or SMS messages that we send.
Communications that you receive may include but not be limited to: operational communications concerning your Account or the use of the Usainsurance Properties, updates concerning new and existing features on the Usainsurance Properties, communications concerning promotions run by us or our third-party partners, and news concerning us and industry developments.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY EMAIL PRIVACY@USAINSURANCE.CO. YOU MAY ALSO RESPOND TO ANY PROMOTIONAL TEXT RECEIVED ON YOUR MOBILE DEVICE WITH THE WORD “STOP” TO OPT OUT OF PROMOTIONAL TEXTS. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE USAINSURANCE PROPERTIES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL PRIVACY@USAINSURANCE.CO. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL CALLS OR TEXTS MAY IMPACT YOUR USE OF THE USAINSURANCE PROPERTIES OR RELATED SERVICES.
You do not need to register with us to visit and view the Site; however, to access certain password-protected areas of the Site and to use certain Services, you must become a Registered User. A “Registered User” is a user who has registered for an account on the Site (“Account”) or has an account with the provider of the App for the user’s mobile device. To register for an account, you must provide us with your first name, last name, and email address. You warrant and represent that all registration information provided by you is truthful and accurate and current and complete. You are required to update your registration information as necessary from time to time. All registration information and any other personal information that you provide to us through your use of the Service is subject to the terms of our Privacy Policy
You must create a password for your account. You are solely responsible for the confidentiality of your password, as well as for any use of the Site or any Services made using your password. Your password should only be used by you, and you should not share your password with any third party. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Usainsurance Properties by minors. You agree to (y) notify us immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Usainsurance Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. We reserve the right to delete or change any usernames or password at any time and for any reason upon notice to you. You agree not to create an Account or use the Usainsurance Properties if you have been previously removed by Usainsurance, or if you have been previously banned from any of the Usainsurance Properties.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Usainsurance.
You acknowledge that you, and not Usainsurance, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Usainsurance Properties (“Your Content”). You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
Storage. Unless expressly agreed to by Usainsurance in writing elsewhere, Usainsurance has no obligation to store any of Your Content that you Make Available on Usainsurance Properties. Usainsurance has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Usainsurance Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Usainsurance retains the right to create reasonable limits on Usainsurance’ use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Site and as otherwise determined by Usainsurance in its sole discretion. EXCEPT FOR USAINSURANCE’ OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE USAINSURANCE’ PRIVACY POLICY, USAINSURANCE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
The Usainsurance Properties contain material, such as text, graphics, images, and other material provided by or on behalf of us, and through your use of the Services you will be provided with additional information from us, including, but not limited to, the results of the Personal Insurance Checkup; all of these materials and information are collectively referred to herein as the “Content.” The Content is owned by us or our licensors and is protected under both United States and foreign laws. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the Usainsurance Properties, which are registered and unregistered trademarks or service marks of ours or our licensors. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Usainsurance Properties.
You shall not: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Content for any purpose other than your own personal use in accordance with these Terms of Use; (iii) remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content; (iv) sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose; or (v) use or post the Content on any other website or in a networked computer environment.
We do not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in the Usainsurance Properties, you represent that you own and/or have all proper intellectual property, proprietary and other applicable rights and licenses to use, post and/or publish Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Usainsurance, are responsible for all of Your Content that you Make Available on or in the Usainsurance Properties.
Subject to any applicable account settings that you select, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Usainsurance Properties to you and to our other Registered Users.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”), you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
“As is”. YOU ACKNOWLEDGE AND AGREE THAT THE USAINSURANCE PROPERTIES ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER USAINSURANCE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (EACH A “USAINSURANCE PARTY” AND COLLECTIVELY THE “USAINSURANCE PARTIES”) MAKE ANY WARRANTY THAT THE USAINSURANCE PROPERTIES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE. THE USAINSURANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, DEVICES OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. INFORMATION AND OPINIONS RECEIVED VIA THE USAINSURANCE PROPERTIES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. THE USAINSURANCE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH USAINSURANCE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE USAINSURANCE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD USAINSURANCE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Insurance Checkup Services. THE RESULTS OF THE PERSONAL INSURANCE CHECKUP ARE BASED ON PRELIMINARY DATA PROVIDED BY YOU AND RECEIVED BY US. THE RESULTS ARE PROVIDED FOR YOUR PERSONAL INFORMATION AND EDUCATION ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. YOUR INSURANCE NEEDS MAY DIFFER FROM WHAT IS DESCRIBED IN THE PERSONAL INSURANCE CHECKUP RESULTS, DEPENDING ON DETAILS WE DID NOT CAPTURE IN OUR PERSONAL INSURANCE CHECKUP QUESTIONNAIRE (INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF YOUR DEDUCTIBLES, THE TERMS OF YOUR EMPLOYER-PROVIDED INSURANCE COVERAGE, THE IDENTITY OF YOUR INSURANCE CARRIERS, AND YOUR HEALTH HISTORY). THE PERSONAL INSURANCE CHECKUP RESULTS SHOULD NOT BE INTERPRETED AS FINANCIAL ADVICE, OR AS A RECOMMENDATION TO BUY OR FOREGO ANY INSURANCE PRODUCT, WITHOUT DOING FURTHER RESEARCH ON YOUR OWN OR WITH A FINANCIAL PROFESSIONAL. ALTHOUGH WE USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE RESULTS OF THE PERSONAL INSURANCE CHECKUP ARE ACCURATE, NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS GIVEN WITH RESPECT TO THEIR ACCURACY OR WITH RESPECT TO THE ACCURACY OF ANY OTHER CONTENT.
Other Insurance Products and Services. ANY AND ALL INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS. ANY AND ALL QUESTIONS, CONCERNS OR DISPUTES WITH ANY SUCH PRODUCTS SHOULD BE RAISED WITH THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS AND NOT WITH US.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE USAINSURANCE PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE USAINSURANCE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE FEES PAID BY YOU WITHIN THE TWELVE (12) MONTHS PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; AND (C) FIVE HUNDRED DOLLARS ($500.00). ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE USAINSURANCE PROPERTIES IS TO STOP USING THE SAME.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Usainsurance Properties (including any interactions with, or act or omission of External Sites). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN USAINSURANCE AND YOU.
The Site may contain links to third-party websites and applications, including, without limitation, the websites of the insurance carriers offering the third-party insurance products made available to you through the Services (“External Sites”). We provide these External Sites only as a convenience. We do not review, approve, monitor, warrant, endorse, control or make any representations with respect to and we are not responsible for the content of any linked External Sites, or any product or service provided in connection therewith. When you click on a link to an External Site, we will not warn you that you have left the Usainsurance Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. You use all External Sites at your own risk. When you leave our Site, our Terms of Use and policies no longer govern. Before using any External Site, please refer to the terms of use and privacy policies of the External Sites for more information.
App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Terms of Use are between you and us and not with the App Store. We, not the App Store, are solely responsible for the Usainsurance Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Usainsurance Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Usainsurance Property, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
You shall defend, indemnify, and hold the Usainsurance Parties, and assigns, harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) Your Content, (ii) your breach of these Terms of Use; (iii) your access to, use, or misuse of the Usainsurance Properties; or (iv) your violation of any applicable laws, rules or regulations.
Subject to this section, these Terms of Use will remain in full force and effect while you use the Site or the App. We may terminate these Terms of Use and your access to all or any part of the Usainsurance Properties at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Usainsurance Properties at any time without prior notice or liability. Termination of any Service includes removal of access to such Service and barring of further use of the Service.
If your registration(s) with or ability to access the Usainsurance Properties, or any other Usainsurance community is discontinued by us due to your violation of any portion of the Terms of Use or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access any Usainsurance Properties or any Usainsurance community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Usainsurance Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Usainsurance and our employees, agents, successors, or assigns, regarding or relating to the Usainsurance Properties or these Terms of Use shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms of Use, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in the above stated rules (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the above stated rules (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in New York, New York.
Notwithstanding any provision in this these Terms of Use to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms of Use, any such termination shall not be effective until 30 days after the version of these Terms of Use not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
Any and all controversies, disputes, demands, counts, claims, or causes of action between you and us and our employees, agents, successors, or assigns, regarding or relating to these Terms or the Site shall exclusively be governed by the internal laws of the State of New York, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.
You have the right to opt out of the provisions of this Dispute Resolution section by sending written notice of your decision to opt out to: legal@usainsurance.co, within 30 days after first becoming subject to this section. Your notice must include your name and address, your Usainsurance username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this section of the Terms of Use. If you opt out of this section, all other parts of these Terms of Use will continue to apply to you. Opting out of this section has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Indemnification, and the sections entitled “Indemnification,” “Disclaimers of Warranties,” “Limitation of Liability,” “Term; Termination,” “Unsolicited Information,” “Intellectual Property,” “Dispute Resolution,” and “Miscellaneous” shall survive the termination of these Terms of Use. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court and except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in New York, New York. These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. The Usainsurance Properties may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.
If you have any questions, complaints or claims with respect to the Usainsurance Properties, please contact us at: team@usainsurance.co. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1309 Coffeen Avenue STE 1200 Sheridan, WY 82801.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
a) You acknowledge and agree that (i) the Terms of Use is concluded between you and us only, and not Apple, and (ii) we, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Usainsurance and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
d) You and Usainsurance acknowledge that, as between Usainsurance and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e) You and Usainsurance acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Usainsurance and Apple, Usainsurance, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.
f) You and Usainsurance acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
g) Without limiting any other terms of the Terms of Use, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
The disclaimers of warranties and liability under these Terms of Use do not apply to the Will and Estate Planning Services purchased by or provided to North Carolina consumers.
Any North Carolina consumer concerns involving the unauthorized practice of law made to Usainsurance shall be referred by Usainsurance to the North Carolina State Bar.
Notwithstanding anything to the contrary in these Terms of Use, nothing herein shall be interpreted as requiring a North Carolina consumer to agree to jurisdiction or venue in any state other than North Carolina for the resolution of disputes between Usainsurance and such consumer.
We provide watermarked Forms to North Carolina customers upon request; no purchase necessary. To request a copy, please contact us specifying which Forms you are requesting.
Address: Usainsurance 1309 Coffeen Avenue STE 1200 Sheridan, WY 82801
Email: info@usainsurance.co
