Please read these Terms of Service carefully before accessing or using any of our services or sites.
PLEASE NOTE THAT THESE TERMS OF SERVICE INCLUDE A MANDATORY BINDING ARBITRATION CLAUSE AND WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT AS SET FORTH BELOW IN THE “GOVERNING LAW & DISPUTE RESOLUTION” SECTION
These Terms of Service govern your access to and use of this website (insurify.com) and any applications, domains and affiliated websites (collectively, the “Sites”) owned and operated by Insurify, Inc. and/or its licensed insurance agency affiliate, Insurify Insurance Agency, Inc. (collectively, “Insurify,” “we,” “us,” “our,” or the “Company”). By accessing and/or using the Sites, you (“you,” "user," or "your") agree to these Terms of Service and our Privacy Policy (collectively, the “Terms”). You also acknowledge that “Insurify Car” is a brand name and that all insurance agency services are performed by Insurify Insurance Agency, Inc., a licensed agency in all 50 states and DC.
We reserve the right to update or modify these Terms at any time. New versions will be posted here and apply to all usage following the update (without affecting prior rights). Such changes will be effective immediately upon being posted here, and the date of the last update will be identified on this page. By continuing to access and use our Sites, you agree to the revised Terms. If you object to any updates, please discontinue use of the Sites immediately.
Insurify’s Service
Insurify acts as a portal to facilitate insurance agents, insurance companies and other similar parties (“Providers”) 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(s)”).
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 Sites 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 provides you with an interface to connect you to a number of potential Providers. Depending on the product or Provider, this may include facilitating an application for insurance through the Insurify Car brand or via a connection interface managed on behalf of an applicable Provider. 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.
Insurify Car
Through the “Insurify Car” brand, we facilitate applications for short-term automotive insurance policies offered by Providers to eligible Registered Users (as defined below). Any insurance offered to you under the brand name of “Insurify Car” is provided to you by the Provider offering the insurance policy, and not Insurify. You acknowledge that while we provide the interface for these applications, all policies are subject to final approval and issuance by the applicable Provider, and the Provider alone determines the terms, conditions, and underwriting of any insurance product.
Registered Users who are approved will be presented with and will be required to accept additional insurance policy terms and conditions prior to the issuance of their policy(s) from the applicable Provider.
We may receive commission and fees from the Providers that participate in the Service. You may not accept these Terms or use the Insurify Car Services if you are not of legal age to form a binding contract with us in your state of residence. You must not access Insurify Car 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 our Services.
Account Registration & Registered Users
If you choose to create an Insurify account to access and use our Services (including, but not limited to, applying for available insurance products under the Insurify Car brand) (“Registered User”), you represent and warrant that the information you provide to us upon registration (including information provided through other Insurify properties or other third party Linked Accounts, as defined below, that may be used to supplement or create your registered account), and at all other times, will be true, accurate, current, and complete. By connecting a third-party account (e.g., OTPs, IdPs, SSOs, etc.) to your account(s) for the Service for sign-in and/or authentication purposes (“Linked Accounts”), you authorize Insurify to utilize secure authentication tokens or encrypted credentials to access your Linked Accounts for the purposes of providing the Service. You also represent and warrant that this information is accurate and kept up-to-date at all times. Do not share your account information with, or allow access to your account by, any third party. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail at [email protected]. You are solely responsible for your own losses or losses incurred by us and others (including other users) due to any unauthorized use of your account that occur as a result of your intentional or inadvertent disclosure of any of your login information or as a result of your delay in notifying us that your account was compromised after your discovery of the compromise.
Intellectual Property
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 (“Site Content”), is proprietary to us. All original Site Content is owned by Insurify and protected by U.S. and international copyright, trademark, patent, trade secret laws. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from, transfer, license, or sell or re-sell any Site Content, information, software, products, or services obtained from or through this website. Subject to your compliance with these Terms, Insurify grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Sites and Service solely for your personal, non-commercial use. Except for this limited license, no other rights are granted to you.
Insurify may display information, materials, or content from third parties (“Third Party Content”) through or in connection with the Services. The display of Third Party Content does not constitute an endorsement, sponsorship, affiliation, or approval by Insurify.
The Service(s) now, or in the future may, allow users to submit content, materials, or other information, including without limitation, any text, documents, images, videos, sounds, links, or photos (“User Content”). By submitting User Content, you grant Insurify a non-exclusive, fully paid, royalty-free, perpetual, irrevocable, and fully sublicensable worldwide license to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, and license the User Content. You represent and warrant that you own or have the necessary rights to grant this license and are solely responsible for the consequences of submitting or making available through the Services such User Content.
Prohibited Activities
You agree not to use the Service, Sites, or any associated aspect or feature thereof for any unlawful purpose or in any manner that could harm, damage, or disparage any other party. Additionally, you agree not to:
(i) access or use the Sites or Site Content for any commercial purpose;
(ii) access, monitor or copy any information of Site Content 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 Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or Site;
(v) deep-link to any portion of this Site for any purpose without our express written permission;
(vi) “frame”, “mirror” or otherwise incorporate any part of this Site 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 Us in connection with the Site(s) or the Service(s); or
(viii) use the Site(s) or Service(s) in any manner that could lead to a violation of any applicable federal, state, or local laws, rules, or regulations.
Phone, SMS, Pre-recorded Voice & Email Messages
When visiting our Sites and using our Service, you may be presented with the opportunity to provide your phone number and email to Us. By clicking the “Continue” button on any such prompt, you agree to the following:
(i) You acknowledge and consent to receiving: a) Transactional communications regarding insurance products and services via live operators, automated telephone dialing systems, pre-recorded voice, text messages and/or emails from Us at the phone number and/or email address provided, including wireless numbers, if applicable; b) Marketing communications, which may include promotional offers, updates, and other relevant marketing messages, via the same methods described above, even if you have previously registered the provided number on the Do Not Call Registry. Your consent to receive marketing communications is not a condition of purchase or receipt of any other goods or services. You may withdraw this consent at any time as described below.
(ii) You can cancel the SMS service at any time. Just text “STOP” to 617-207-8296. 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. To opt-out of marketing emails, you may click the “unsubscribe” link in any marketing email we send or contact us at [email protected] or [email protected]. We will process all opt-out requests within 10 business days.
(iii) 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].
(iv) Carriers are not liable for delayed or undelivered messages.
(v) Message and data rates may apply for any messages sent to you from Us and to Us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
(vi) You agree that both 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. For a complete description of the information we collect and how we use it, please see our Privacy Policy.
(vii) You agree that the contacts described above may be made by our insurance 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 us. You should direct any concerns about partner communications to us at [email protected].
(viii) We may share your contact details with our insurance partners for both transactional and marketing purposes. You agree that our insurance partners may also contact you with marketing messages about their insurance products and services. All such insurance partner communications are required to clearly identify the specific insurance carrier sending the communication and include their direct opt-out mechanism. You may opt out of receiving marketing communications directly with each insurance partner using the opt-out methods they provide. If you experience difficulty with an insurance partner's opt-out process, you may contact us at [email protected] for assistance.
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.
THE SERVICE(S) (INCLUDING, WITHOUT LIMITATION, THE SITE, SITE CONTENT, OR ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY INSURIFY), THIRD-PARTY CONTENT, USER CONTENT AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE(S), ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IN OTHER WORDS, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTIONS OF THE SERVICE, THE SERVICE ITSELF, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INSURIFY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INGRINGMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY INSURIFY.
Liability of Our Services
To the fullest extent permitted by applicable law, Insurify, Inc., its subsidiaries and affiliates, and their respective officers, directors, employees, and agents (the "Company Parties") shall not be liable to you or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising from or relating to:
Your access to, use of, or inability to access or use the Service, the Sites, Site Content, or any Third-Party Materials;
Any reliance placed by you on the completeness, accuracy, or existence of any advertising or information acquired through the Service;
Costs, fees, or losses associated with cancelled, interrupted, or delayed insurance plans or travel arrangements;
Errors, misinformation, or failures in communication, whether human or technological; and
Any accidents, personal injury, property damage, or other unexpected events occurring in connection with the Services.
These limitations apply regardless of the legal theory, whether based on contract, tort (including negligence), strict liability, or otherwise, even if a Company Party has been advised of the possibility of such damages. Except where prohibited by law, the total aggregate liability of the Company Parties for all claims arising out of or related to these Terms or the use of the Service shall not exceed the greater of (i) the amount of fees actually received by us from you during the twelve (12) months directly preceding the claim, and (ii) five hundred dollars ($500.00).
You expressly acknowledge and agree that the warranty disclaimers and limitations of liability set forth above are fundamental elements of the "basis of the bargain" between you and the Company. You agree that the Company would be unable to provide the Services on an economically feasible basis without these limitations. These provisions represent a fair and reasonable allocation of risk between you and the Company.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. For residents in such jurisdictions, the limitations and exclusions in this section are intended to be as broad and inclusive as permitted by the applicable laws of said jurisdictions. If any portion of this section is held to be invalid under applicable law, the invalidity of such portion shall not affect the validity of the remaining portions. In all such cases, the Company’s liability will be limited to the maximum extent permitted by applicable law.
The limitations of liability set forth in this section shall survive the expiration or termination of these Terms and your use of the Service.
Indemnity
By using our Sites, you agree to defend, indemnify, and hold Insurify, Inc., its subsidiaries and affiliates or any related companies, partners, and each of their respective directors officers, employees, agents, representatives and contractors, from and against any and all losses, claims, damages, liabilities, costs, fees and expenses (including reasonable legal and accounting fees) arising from or relating to (1) your use of the Site, (2) your breach of these Terms, (3) your User Content, and (4) your violation of any third party rights. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Termination
Insurify may, in its sole discretion, terminate your account, disable access, or discontinue the Service at any time, with or without notice. Your sole remedy for dissatisfaction with the Service is to terminate your use of the Service. You agree that Insurify shall not be liable to you for any such termination. To cancel or discontinue an issued insurance policy, you must contact the applicable Provider directly, subject to the terms of that policy.
Governing Law & Dispute Resolution
These Terms and any dispute, claim, or controversy arising out of or relating to the Service, Site, or your relationship with the Company shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. To the extent that any claim or dispute is not subject to the mandatory arbitration provisions set forth below (including, without limitation, claims regarding the ownership, validity, or infringement of Insurify’s intellectual property rights), you and Insurify agree that such matters shall be litigated exclusively in the state or federal courts located in Middlesex County, Massachusetts. You and Insurify hereby irrevocably consent to the personal jurisdiction and venue of these courts and waive any objection based on an inconvenient forum. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right under these Terms shall not constitute a waiver of such right. These Terms, along with any incorporated policies, constitute the entire agreement between you and Insurify.
Except as expressly provided herein, you and Insurify agree that all disputes relating in any way to the Service, the Sites, Insurify advertisements, disclosures, data privacy practices, or communications (including email and mobile SMS messages) shall be resolved through final and binding confidential arbitration. This agreement to arbitrate includes claims or disputes based on contract, tort, fraud, negligence, statutory or regulatory provisions, or any other legal theory. Before initiating arbitration, the party seeking relief must first send a written Notice of Dispute via certified mail to Insurify, Inc., Attn: Legal Department, 201 Broadway, 6th Floor, Cambridge, MA 02139. This Notice must describe the nature of the claim and the specific relief requested. If the parties cannot resolve the dispute through informal negotiation within thirty (30) days of receipt of the Notice, either party may commence binding arbitration.
Any dispute, controversy, or claim arising out of or relating to the Service, Sites, and the Terms or the breach, termination, or validity thereof not settled through informal dispute resolution, shall be settled by binding arbitration by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules, or its Commercial Arbitration Rules if the consumer rules are deemed inapplicable by the arbitrator. The Federal Arbitration Act shall govern the interpretation and enforcement of this section to the exclusion of any inconsistent state laws. Arbitration shall take place in the federal judicial district in which you reside, and the proceedings shall be conducted by a single, neutral arbitrator. Notwithstanding the foregoing, any claims or disputes arising out of or relating to the infringement, protection, or validity of Insurify’s intellectual property (including, but not limited to, trademarks, trade dress, domain names, patents, trade secrets, and copyrights) are not subject to arbitration and shall be brought exclusively in the state or federal courts located in Middlesex County, Massachusetts, and you and Insurify agree that the exclusive jurisdiction and venue shall be the state or federal courts located in Middlesex County, Massachusetts. The arbitrator is empowered to award only monetary, compensatory relief and may not award punitive or exemplary damages unless required by statute. To maintain efficiency, the arbitrator will not provide a written statement of reasoning for the award unless specifically requested by all parties. No deposition or discovery shall be permitted except as required by the AAA rules or by the arbitrator for good cause shown.
To the fullest extent permitted by applicable law, you and Insurify agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You expressly waive the right to a trial by jury and the right to participate in a class action or class-wide arbitration. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or private attorney general proceeding. If twenty-five (25) or more similar requests for arbitration are filed against Insurify by the same or coordinated counsel, the parties agree that the AAA Mass Arbitration Supplementary Rules shall apply. In such an event, counsel for the claimants and counsel for Insurify shall each select five (5) cases to proceed to individual arbitration as part of a bellwether process, while the remaining cases shall be stayed. No AAA administrative fees shall be due in connection with stayed cases until they are selected to proceed. The statute of limitations for any claims stayed during this bellwether process shall be tolled from the time the initial arbitration demand is filed until the case is selected to proceed. For individual consumer claims, Insurify will pay all AAA filing and administrative fees in excess of the amount you would have paid to file a lawsuit in a court of competent jurisdiction, provided the arbitrator does not find the claim to be frivolous. Each party shall otherwise bear its own legal fees and costs. This Dispute Resolution section, including the confidentiality and class action waiver provisions, shall survive the termination of your relationship with Insurify and the expiration of these Terms.
E-delivery
All contracts and documentation during the course of our relationship for the Services will be delivered and signed electronically and electronic signatures shall be binding pursuant to the E-Sign Act of 2000. You may request any record to be provided or made available on paper or in a non electronic form at no fee by contacting [email protected]. You may also withdraw your consent to future e-signatures by notifying Us at [email protected].
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