Insurify Terms of Service

Applicable Terms

These Terms of Service shall apply to Insurify.com and any domains and affiliated websites (collectively, the “Sites”) owned and operated under the “Insurify” brand by Insurify, Inc. and its licensed insurance agency affiliate Insurify Insurance Agency, Inc. We use the terms “We”, “Insurify”, or the “Company” to refer to each of these entities, as applicable. By using the Sites, you agree to the following terms, in addition to our Privacy Policy (“Insurify Privacy Policy”), all of which together are the “Terms”.

Service

Insurify acts as a portal to facilitate insurance agents, insurance companies and other similar parties (“Provider”) to offer insurance and other products for sale and to sell to consumers who have applied through Insurify to receive insurance or other authorized quotes from a Provider.

The Service allows you to compare insurance rendered by the Providers. Our Service is free for you to use. We may receive commission and fees from Providers that participate in the Service. The Service rendered by Insurify is only available to the residents of the United States, and insurance offered by insurance companies may not be available in all states. You may not accept these Terms or use this Service if you are not of legal age to form a binding contract with Insurify. You must not access Insurify or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the state in which you reside or from which you access or use Insurify.

Insurify is a licensed insurance agency not an insurance provider. Any insurance offered to you is provided to you by the party listing the insurance policy, and not Insurify. The terms and conditions of any insurance product offered to you are provided by the Providers based on their underwriting and may vary based on a number of factors solely as determined by the insurers. We don’t provide advice or endorse insurance products or Providers that appear on our website or other communication channels. As a result, it is your sole discretion whether to take out a policy based on a quote you get through our Service and to make sure the policy that is of interest to you meets your specific needs.

The quotes provided to you are provided to us by third parties; therefore Insurify cannot guarantee their accuracy and whether they are the most current quotes available. The quotes do not constitute bookable rates, as the actual bookable rate requires additional information from you, and may vary relative to the provided quotes. We do not guarantee that the insurance offered by the Providers on our website or other forms of communication includes the best terms or lowest rates available in the market.

Insurify operates through various Providers and may receive compensation as an agent. Quotes provided by this Service are for policies that may be available to you at prices estimated by the Providers. Actual availability and pricing are determined by the Providers after you complete an application over the phone. The accuracy of your information, the information further obtained by the Providers and your answers to additional questions on the website, email or on the phone may impact the pricing and availability of the policies.

Insurify does not provide an application for insurance. We are providing you with an interface to connect you to a number of potential Providers. Any incorrect information entered by you may result in incorrect insurance quotes and/or may make a policy invalid, within the sole discretion of the insurer. We will pass the information we collect to third parties in order to provide our Services.

NEITHER PARTY OWES THE OTHER ANY DUTIES, FIDUCIARY OR OTHERWISE, AND EACH PARTY RELEASES THE OTHER FROM ALL MANNER OF ACTIONS, WHETHER PAST, PRESENT OR FUTURE, ACTUAL OR CONTINGENT, ARISING OUT OF OR RELATED TO SUCH DUTIES, EXCEPT AS EXPLICITLY STATED IN THESE TERMS.

Warranties and Disclaimers

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Service. OTHER THAN AS EXPLICITLY STATED IN THESE TERMS OR ADDITIONAL TERMS NEITHER INSURIFY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PREMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTIONS OF THE SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability of Our Services

WHEN PERMITTED BY LAW, INSURIFY AND INSURIFY’S PROVIDERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF INSURIFY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE SERVICES AGAIN).

IN ALL CASES, INSURIFY, AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Prohibited Activities

The content and information on this website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to Insurify. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website. Additionally, you agree not to:

(i) use this website or its contents for any commercial purpose

(ii) access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;

(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(v) deep-link to any portion of this website for any purpose without our express written permission; or

(vi) “frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization.

(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Insurify in connection with the website or the services.

Phone, SMS, Pre-recorded Voice & Email Messages

When visiting our Sites and using our Services, you may be presented with the opportunity to elect to receive messages from Insurify via phone, text, email and other means. By clicking the “Continue” button on any such prompt, you agree to the following:

(i) You give express consent to receive marketing communications regarding insurance products and services via live operators, automated telephone dialing systems, pre-recorded voice, text messages and/or emails from Insurify.com and/or its marketing partners at the phone number and email address provided, including wireless numbers, if applicable, even if you have previously registered the provided number on the Do Not Call Registry.

(ii) You understand that consent is not a condition to receive quotes or purchase services or products. To receive quotes without providing consent, please call (866) 749-1973.

(iii) You can cancel the SMS service at any time. Just text “STOP” to this number. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

(iv) If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

(v) Carriers are not liable for delayed or undelivered messages.

(vi) Message and data rates may apply for any messages sent to you from Us and to Us from you. You may receive up to fifteen (15) messages or more per month, depending on the campaigns for which you express interest. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

(vii) You agree that Insurify and its insurance partners may use other information sources to collect information about you in order to calculate accurate prices for your insurance including, but not limited to, your driving records, your claims history, consumer reports, and/or credit history.

(viii) Our partners may use other information sources to collect information about you in order to calculate an accurate price for your insurance, including, but not limited to, your driving records, claims history, a consumer report about you, and / or your credit history.

(ix) You agree that the contacts described above may be made by our partners (or by third parties on their behalf), and that Insurify is not responsible for, and shall bear no liability whatsoever for, any such contacts other than those made directly by Insurify.

Governing Law

These Terms will be governed by the laws of Massachusetts. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of the county of Middlesex, MA, USA, and you and Insurify consent to personal jurisdiction in those courts.

Indemnity

By using our Sites, you agree to defend, indemnify, and hold harmless Insurify and its partners from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that We may become obligated to pay arising or resulting from your use of the Site material or your breach of these Terms. Insurify reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Dispute Resolution

These Terms are governed by the substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on our Sites, these Terms constitute the entire agreement between you and Insurify with respect to your use of our Sites.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND INSURIFY WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST INSURIFY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.