Effective Date September 16, 2020
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY. SERVICE PROVIDERS: EIG IS NOT LIMITED TO ARBITRATION AS TO ACTS OF FRAUD OR OTHER WILLFUL MISCONDUCT BY YOU, WHICH EIG MAY ADDRESS BY ALL LAWFUL MEANS.
Agreement to Terms
References to EIG (or “we” or “us”) in the Terms include EIG’s service providers or suppliers, to the extent that such service providers or suppliers are acting for or on behalf of EIG with respect to the Properties. For the avoidance of doubt, this does not include insurance providers, who act on their own behalf and not for or on behalf of EIG.
Changes to Terms. We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
Consent. If you are accessing and using the Services, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms. In that situation, "you" and "your" will refer to both you and that entity.
Services We Provide. We provide quotes, estimates and certain other information about insurance products and services, to help you make decisions about insurance. In the jurisdictions in which we are licensed as an independent insurance broker, the Services may also include brokering and transacting sales of insurance products and services.
No Responsibility or Guarantee for Insurance Providers; Quotes. EIG is not an insurer and we do not underwrite any insurance policy made available to you through the Services. Any quote or estimate provided in connection with the Services is non-binding; the final insurance policy premium for any policy is determined by the underwriting insurance company following application. Your actual insurance coverage (if any) is subject to the language of the applicable insurance policy. Insurance products and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. We do not make any guarantees, warranties or representations of any kind regarding any insurance provider or its products or services, including that fees, terms, rates, coverage, or services quoted through the Services are the best available. Except where prohibited by law, we will not be liable for any losses, costs, damages, or claims in connection with, arising from or related to the actions or omissions of any insurance provider or its products or services, including any fees charged by the insurance provider.
All information provided to you through the Services is provided for general informational and educational purposes only. You acknowledge and agree that you rely solely on your own judgment and that of your own advisors in making any insurance decisions, including validating selecting insurance providers and insurance products or services that are appropriate for your particular circumstances. Nothing in the Services should be construed as offering tax, legal, investment, or accounting advice.
Accuracy of Information. EIG makes no representation or warranty about the accuracy or suitability of the information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
No Insurance Coverage without a Written Binder. No insurance coverage can be bound and no changes can be made to your policy, new or existing, unless and until you have received a written policy binder from the insurance provider. Your submission of a quote request on the Properties is simply a request for information; it is not an agreement for coverage.
Compensation. EIG does not charge consumers a fee to use the Services, unless a consumer elects to buy a specific insurance provider’s product or service through the Services and EIG collects payment for the purchase. The insurance providers whose products and services we quote pay us commissions or other compensation to be matched with users of the Services. You acknowledge and agree to this compensation arrangement.
No Claims Reporting. You may not report claims under your insurance policy to EIG; you must directly notify your insurance provider.
Consent for Communications
Consent to be Contacted. In order to use certain Services, you will be required to provide your contact information. By providing your telephone number and/or email address, you authorize us and our associated insurance providers to communicate with you via telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the phone number or email addresses you provide. You consent to be contacted about your quote requests or insurance needs (including responding to quotes you have requested), information about products or services in which you may be interested, billing issues or other issues relating to the Services, or other matters related to the normal business operation of the Services. You consent to the use of artificial or prerecorded voice messages and automatic dialing technology to contact you. Message and data rates may apply. Your consent to these communications is not a condition of purchase.
Telephone Calls and Other Communications. When you contact us or when we contact you, we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. You consent to this monitoring and recording.
Grant of Limited License. We hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms.
The Services and EIG’s Marks are Protected. The Services, including all materials, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of EIG (collectively, the "Content"), are the proprietary property of EIG and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services. Except for the limited license explicitly granted to you under the Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that EIG does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file.
No Improper Uses. You may not frame any part of the Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm EIG, our service providers or suppliers, or any other person.
Information You Provide
Accurate Information. When you use certain Services (for example, when you submit a request for a quote or purchase a policy through the Services), you will be asked to provide certain personal information, including your name, address, phone number, email address and (if applicable) credit card payment details. You agree to provide us with accurate, complete and up to date information. If any of your phone numbers change, or if you’re no longer the owner, subscriber or primary user of a telephone number you provided to us, you agree to notify us immediately so that we may update our records.
Account. If you open an account on the Properties, you agree to maintain the security of your account information and that you are responsible for all activity in connection with your account.
Reviews; Suggestions. If you elect to provide a review of the Services or make available to EIG any other suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), EIG will be free to use, disclose, publish, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you. You, and not EIG, are solely responsible for the content of your Submission.
Third-Party Intellectual Property
Third Party Materials and Intellectual Property. The Services may contain links to third party websites, services, offers, or other content (collectively, "Third-Party Materials"), and Third-Party Materials may be provided on the EIG Properties as part of the Services. These Third-Party Materials are not owned or controlled by EIG. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by EIG. All non-EIG trademarks, product names and logos appearing on the Services are property of their respective owners.
Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notification to EIG at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Elite Insurance Group, Inc.
Attn: EIG Legal Department
1400 Corporate Drive Suite 300
Irving, TX 75038
Additional Important Legal Terms
The Services are provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, EIG and its affiliates and their respective employees, directors, agents, representatives, licensors and suppliers (the “EIG Parties”) disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services, including any implied warranties of merchantability, fitness for a particular purpose, security, accuracy, availability, and non-infringement.
Limitation of Liability
In no event will the EIG Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services, whether or not such damages are foreseeable and whether or not EIG is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event will the collective liability of the EIG Parties arising out of or in connection with the Terms and the Services exceed $100.
Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
You agree that you bear all risk and, in consideration of the services provided by EIG, you hereby release the EIG Parties from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in King County, Washington or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of entering judgments on arbitral awards.
Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in King County, Washington. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Notwithstanding anything to the contrary, you and EIG may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Washington state law, without regard to conflict of law provisions.
Your rights under an insurance policy or other agreement with an insurance provider will be governed by the terms of that policy or agreement and by applicable federal, state, and local laws.
Attorneys’ Fees. If any of the EIG Parties take legal action against you as a result of your violation of these Terms, the EIG Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the EIG Parties.
Limitations on Availability. The Services are controlled and operated by EIG from within the United States. The Services are not available in all languages or in all countries, and we do not represent that they will be available or permitted in any particular location. You are responsible for compliance with all applicable laws regarding your use of the Services. Use of the Services is void where prohibited.
Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to terminate, limit or prevent access to and use of the Services, for any at any time and for any reason (including those specifically described in these Terms).
Construction. All references to “dollars” or “$” in the Terms or on the Properties refer to United States dollars. Unless otherwise indicated, the words “include,” “includes” and “including,” when used in the Terms, shall be deemed in each case to be followed by the words “without limitation.”
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with EIG's prior written consent, but may be assigned by EIG without restriction and without notice to you.
Entire Agreement and Severability. The Terms constitute the entire agreement between you and EIG concerning the Services and supersede all prior or contemporaneous communications of any kind between you and EIG with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and EIG's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except for the EIG Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.
Contact Us. If you have questions about these Terms, please contact us by email at email@example.com or in writing at Elite Insurance Group, 1400 Corporate Drive Suite 300, Irving, TX 75038.