SHOP INSURANCE 911, LLC
END-USER TERMS OF USE
(v15-Nov-24)
ATTENTION: Please read these Terms of Use (hereinafter referred to as the "Terms of Use" or "ToU") carefully before using the Shop Insurance 911 website (the "Website", and/or the "Service(s)") operated by Shop Insurance 911, LLC (hereinafter, "Shop Insurance 911", or "us", "we", or "our"). Shop Insurance 911 reserves the right to change these ToU from time to time at its sole discretion with or without notice. Please Note: These ToU contain a binding arbitration clause.
CONDITIONS OF USE: By accessing or utilizing the Website provided here, or by clicking upon "CREATE ACCOUNT", "I ACCEPT", "REGISTER", "SUBMIT", "GET MY QUOTE", or by signing or e-signing, you, the individual user (hereinafter "End-User", "you" or "your") hereby express your assent to these Terms of Use. If you do not consent to these Terms of Use, refrain from accessing or using the Website, as such your access is not authorized. By using the Website, you certify that you have read, reviewed, and agreed to comply with these ToU. If you do not want to be bound by the Terms, you are advised to leave the Website accordingly. SHOP INSURANCE 911 only grants use and access of this Website and its Services to those who have accepted its Terms.
PRIVACY POLICY: Before you continue using our Website, we advise you to read our privacy policy https://www.shopinsurance911.com/privacy regarding our user data collection. It will help you better understand our practices.
AGE RESTRICTION: You must be at least eighteen (18) years of age before you can use this Website. By using this Website, you hereby warrant and represent that you are at least eighteen (18) years of age and that you have the legal capacity to adhere to these Terms of Use. Shop Insurance 911 assumes no responsibility for liabilities related misrepresentation made by you with respect to your age.
PERMISSIONS TO CONTACT: By submitting information or providing your electronic signature through the Websites, and separately for each such request you submit, (collectively hereinafter referred to as "Submission(s)") you are indicating that you desire to be contacted by Providers, and you are providing express written consent that Shop Insurance 911, a third party on Shop Insurance 911's behalf, and the Providers with whom you are matched, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call ("DNC") Lists. You understand that you are not required to consent to receive these communications as a condition of using Shop Insurance 911's services.
OPTING OUT OF CONTACT: You may opt out of receiving calls from Shop Insurance 911 at any time by engaging in any of the following reasonable means: (i) emailing support@shopinsurance911.com to expressly state in writing that you no longer wish to be contacted by Shop Insurance 911 and are revoking your consent to be contacted; (ii) notifying a Shop Insurance 911 customer service representative that you no longer wish to be contacted by Shop Insurance 911 and are revoking your consent to be contacted; or (iii) responding to any SMS, mobile, or text message you receive from Shop Insurance 911 in accordance with the express written instructions of that particular messaging program. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that Shop Insurance 911 is not responsible for a Provider's failure to follow your or our instructions to stop contacting you.
INFORMATION PROVIDED: For any Service, by saving your information with Shop Insurance 911 or providing a Submission, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.
When you "SUBMIT" information, create an account or otherwise register for Services through Shop Insurance 911 and its Websites, you understand and agree that you have established a business relationship between you and Shop Insurance 911. Accordingly, Shop Insurance 911 may send your information to certain affiliates and third parties as provided in the Privacy Policy and you agree that Shop Insurance 911, its affiliates, and persons calling on Shop Insurance 911's behalf may contact you using information you provided with information and offers of services available through Shop Insurance 911 and the Websites. You also give Shop Insurance 911 permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information regarding your submission, including incomplete Submissions, the identification of matched Providers, deadlines, quality of services or other matters in connection with your Submission.
If you select a Provider through a Shop Insurance 911 website, Shop Insurance 911 may also receive Personally Identifiable Information ("PII") about you from that Provider including, but not limited to, the disposition of your request. Information specific to your Provider's use of your information will be found in your Provider's Privacy Policy. You provide express written consent for Shop Insurance 911 and any selected Providers to share and maintain this PII to assist with litigation, regulatory request(s), law enforcement requests, internal analytics, marketing purposes, and any other legally permissible purpose.
In addition, certain state and federal laws require that the information you provide Shop Insurance 911 is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with Shop Insurance 911 in order to adhere to applicable laws. Providers and Shop Insurance 911 may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for Shop Insurance 911 and the selected Provider to share this information for these purposes.
To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Shop Insurance 911 and its Providers may obtain, verify and record information that identifies each person who opens an account with us and Providers. Shop Insurance 911 and its Providers may ask for your name, Social Security Number, address, telephone number, date of birth and other important information that may allow us and Providers to properly identify you. From time-to-time Shop Insurance 911 is examined by state and federal regulators and as such is required to maintain your Personally Identifiable Information to adhere to certain jurisdictions' data retention requirements. Your information may also be obtained from Providers after you are matched to adhere to state and federal reporting and record retention requirements. You authorize Shop Insurance 911 and its participating Providers to share such information as required.
Services offered by Providers may only be made to residents of states where Providers are authorized to provide such services or products. A Provider's participation in and offering of its products on the Websites does not constitute an offer by any Provider or by Shop Insurance 911 to provide services outside of their authorized jurisdictions, and to the extent you seek or receive information from a Provider regarding any prospective service which would be outside of the Providers' authorized jurisdiction, that information is for informational purposes only. Providers shall have the right to discontinue, suspend or terminate the offering of any service or product in any specific state through the Websites at any time, without prior notice.
Shop Insurance 911 does not guarantee acceptance into any particular program or specific terms or conditions with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, Shop Insurance 911 does not guarantee that the rates offered by Providers include the lowest rates available in the market or the rate that the Providers will ultimately charge. A Provider's conditional offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Providers may be higher or lower depending on your complete profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios. Providers may not offer all products as well as not offer products in all states. You might not be matched with the Provider making any specific offer. If you agree to terms with any Provider through the Shop Insurance 911 website, you will be responsible for paying for any costs associated with that product.
Shop Insurance 911 provides content and tools on its Websites that allow you to enhance your financial education and learn how certain financial decisions could impact your financial well-being. Shop Insurance 911 provides these materials for informational, educational, and entertainment purposes only, and at no time is Shop Insurance 911 providing legal, financial, investment, tax planning, or medical advice. You may see offers on these Websites from companies that compensate Shop Insurance 911. This compensation may impact the location and order in which these offers appear. Shop Insurance 911 does not include the entire universe of available products and services.
INTELLECTUAL PROPERTY: You agree that all materials, products, and services provided on this Website are the property of Shop Insurance 911, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Shop Insurance 911’s intellectual property in any way, including electronic, digital, or new trademark registrations. Should you upload or publish any content to the Website hereby grant Shop Insurance 911 a perpetual, world-wide, royalty-free and non-exclusive license to display, use, copy, transmit, broadcast, license, sub-license, distribute, modify and create derivative works to such content.
USER ACCOUNTS: As a user of this Website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the Website, inform us immediately so we may address it accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
LINKS TO THIRD-PARTY SITES: This Website may contain links to third-party sites. Access to any other Internet site linked to this Website is at the user’s own risk and Shop Insurance 911 is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Shop Insurance 911 provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
CONTENT & LIABILITY DISCLAIMER: Shop Insurance 911 shall not be responsible for any errors or omissions contained on the Website. Shop Insurance 911 may change the programs or products mentioned at any time without notice. Mention of non-Shop Insurance 911 Services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Shop Insurance 911. All Shop Insurance 911 and third-party information provided on the Website is provided on an “AS IS” basis.
SHOP INSURANCE 911 DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY DATA OR INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY SHOP INSURANCE 911 WEBSITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE UNLESS SUCH LOSS OR DAMAGE IS DUE TO SHOP INSURANCE 911’S GROSS NEGLIGENCE AND/OR WILLFUL MISCONDUCT. IF SHOP INSURANCE 911 IS FOUND LIABLE, THE AMOUNT OF SHOP INSURANCE 911 MAXIMUM LIABILITY FOR ANY AND ALL LOSSES AND/OR DAMAGES, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (I) THE TOTAL AMOUNT OF ALL FEES ACTUALLY PAID TO SHOP INSURANCE 911 FOR THE RELEVANT PRODUCT OR SERVICES WITHIN THE PRIOR ONE (1) MONTH FROM WHICH SUCH CLAIM ARISES; OR (II) FIVE HUNDRED ($ 500.00 USD) US DOLLARS. IF THE DATA TRANSMITTED IS INSURED BY YOU, THEN YOU SHALL CAUSE ITS INSURERS OF SUCH DATA TO WAIVE ANY RIGHT OF SUBROGATION AGAINST SHOP INSURANCE 911.
IN NO EVENT SHALL SHOP INSURANCE 911 BE LIABLE TO YOU, ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES, WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN SHALL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BOTH PARTIES HEREUNDER SPECIFICALLY ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE REFLECTED IN THE PRICING.
TERMS APPLICABLE TO INSURANCE REQUEST SERVICES:
Shop Insurance 911 is not a licensed insurance agency or broker and does not provide insurance quotes in accordance with RCW 48.17 or similar state statutes. The information Shop Insurance 911 provides is not intended to take the place of professional advice from a licensed insurance agent nor does Shop Insurance 911 provide any evaluation of the insurance providers or their policies. Shop Insurance 911 recommends that all consumers consult with a licensed insurance agent before purchasing any insurance policy.
Shop Insurance 911 does not sell any insurance or bind coverage on its Websites; instead, Shop Insurance 911 provides a service to help Providers offer for sale and sell insurance and other authorized products to you and potential consumers (each, a "Prospect", and all Prospects and Providers are collectively called the Website's "Users") who have visited one of Shop Insurance 911's Websites and applied to receive insurance or other authorized quotations from a Provider. Shop Insurance 911 may, through its Websites, and with each Prospect's authorization, collect certain information through a Submission about any Prospect and sell information contained in that Submission to a Provider. As a result, the quality, safety or legality of the products offered by any Provider for sale, the truth or accuracy of the representations regarding such products, the ability of Providers to offer or sell such products, or the ability of Prospects to pay for the products offered are solely the responsibility of each user. Shop Insurance 911 is an independent contractor for all purposes, and Shop Insurance 911 is not responsible in any way for the conduct of any Prospect or Provider. Nor does Shop Insurance 911 endorse or recommend any Providers nor any companies or insurance policies. Shop Insurance 911 does not provide insurance, tax, legal or any other financial advice. Shop Insurance 911 does not guarantee that any of the Providers to whom it forwards any Prospect's application will contact such Prospect or agree to provide the Prospect with the desired coverage. If you are a Prospect and you would like personal advice or specific policy recommendations, please consult with an insurance agent, broker, or other qualified professional.
If you apply for insurance quotes on this site for Medicare-related plans, a representative may contact you in order to confirm eligibility and connect you with an appropriate, individually licensed insurance agent from Shop Insurance 911, its subsidiaries and/or its Provider partners. You may not be eligible for all products and services, and the issuing insurance company may determine eligibility in accordance with its underwriting guidelines and as permitted by applicable law. Policies may not be available in all states.
INDEMNIFICATION: To the fullest extent permitted by law, you are responsible for your use of the Website, and you will defend and indemnify hold Shop Insurance 911 harmless and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Shop Insurance 911 Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (i) your unauthorized use of, or misuse of, the Website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
NO SUPPORT: Shop Insurance 911 is under no obligation to provide support for the Website. In instances where we may offer support, the support will be subject to published policies.
ILLEGAL, HARMFUL, OR OFFENSIVE USE OR CONTENT: You may not use, or encourage, promote, facilitate, or instruct others to use any webservices offered by Shop Insurance 911 or the Shop Insurance 911 Website for any illegal, harmful, fraudulent, infringing, or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing, or offensive. Prohibited activities or content include, but are not limited to the following:
- Illegal, harmful, or fraudulent activities: Any activities that are illegal, that violate the rights of others, or that may be harmful to others, Our operations or reputation, including disseminating, promoting, or facilitating child pornography, offering, or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming;
- Infringing content: Content that infringes or misappropriates the intellectual property or proprietary rights of others;
- Offensive content: Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts; and/or
- Harmful content: Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
SECURITY VIOLATIONS: You may not use any webservices offered by Shop Insurance 911 or the Shop Insurance 911 Website that violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a "System"). Prohibited activities include, but are not limited to the following:
- Unauthorized Access: Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System;
- Interception: Monitoring of data or traffic on a System without permission; and/or
- Falsification of Origin: Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
NETWORK ABUSE: You may not make network connections to any users, hosts, or networks unless You have permission to communicate with them. Prohibited activities include:
- Monitoring/Crawling: Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled;
- Denial of Service Attack: Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective;
- Intentional Interference: Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques;
- Open Ports/Proxies: Operating network services like open proxies, open mail relays, open ports, and/or open recursive domain name servers; and/or
- Avoiding System Restrictions: Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
EMAIL OR OTHER MESSAGE ABUSE: You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations, spam, including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender's identity without the sender's explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Section 15 "Acceptable Use of Web Services & Shop Insurance 911 Website" or the acceptable use policy of that provider.
MONITORING AND ENFORCEMENT: We reserve the right, but do not assume the obligation, to investigate any violation or misuse of any web services offered by Shop Insurance 911 or the Shop Insurance 911 Website. We may:
- Investigate violations or misuse of the Services or Shop Insurance 911 Website;
- Remove, disable access to, or modify any content or resource that violates this these ToU or any other agreement We have with You for use of the Services or the Shop Insurance 911 Website; and/or
- We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these ToU.
ENTIRE AGREEMENT & HEADINGS: These Terms of Use are the entire agreement between you and Shop Insurance 911 in relation to your use of the Website, and all other representations or discussions are hereby excluded from this agreement. If any part of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Shop Insurance 911's failure to insist on or enforce strict performance of these Terms shall not constitute a waiver of any breach or any future breaches thereof. All headings used herein are for convenience of reference only and are not a part of these Terms of Use, nor shall they in any way affect the interpretation hereof.
SEVERABILITY & SURVIVAL: The illegality or unenforceability of any provision of these Terms of Use shall not affect the validity and enforceability of any legal and enforceable provisions hereof. Should any provision of these Terms of Use be deemed unenforceable by a court of competent jurisdiction then such clause shall be re-construed to provide the maximum protection afforded by law in accordance with the intent of the applicable provision. Any section of this ToU that by its nature should survive shall survive.
ARBITRATION; APPLICABLE LAW & DISPUTES: These Terms of Use and all resulting claims and/or counterclaims shall be governed, construed, enforced, and performed in accordance with the laws of the State of Texas, United States of America, without reference and/or regard to its conflicts of laws principles. Any dispute arising out of or in connection or associated with these Terms of Use shall be referred to and finally resolved by arbitration in accordance with the Rules of the American Arbitration Association ("AAA") then in force; provided, however, that either party may, at its sole discretion, seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect its proprietary or confidential information. Unless otherwise mutually agreed upon in writing by the parties, the site of the Arbitration shall be in Dallas, Texas U.S.A. Each party hereto waives any claims of forum non conveniens. Each party agrees that the failure of the other party at any time to require performance by such party of any of the provisions herein shall not operate as a waiver of the rights of such party to request strict performance of the same or like provisions, or any other provisions hereof, at a later time. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL.
NOTICE: All notices under these Terms of Use shall be in English and in writing, which shall include but not be limited to electronic mail ("email"). With respect to notice to You it shall be deemed given when sent via electronic mail, when sent "DELIVERY RECEIPT" and "READ RECEIPT" to the email address indicated on the applicable Quote. With respect to notice to Shop Insurance 911 it shall be deemed given via electronic mail, when (i) sent "DELIVERY RECEIPT" and "READ RECEIPT", to legal@shopinsurance911.com; and (ii) a "READ RECEIPT" is provided to the sender. All other notice must be sent in writing, sent via reputable third-party courier or U.S. Post with respect to You the address indicated upon the Quote, and with respect to Shop Insurance 911, as follows:
Shop Insurance 911, LLC c/o
Northwest Registered Agents Services, Inc.
8 The Green Suite B
Dover, DE 19901