Legal Disclaimer
Updated July 6, 2019
Set forth below is the Legal Disclaimer (“Legal Disclaimer”) for Ideal Concepts, Inc. and InsureMe, Inc. (“Company,” “we,” “us,” or “our”) which governs your use of the iWebQuotes.com website located at www.iwebquotes.com, and its associated products and services. These terms describe your rights and obligations with respect to iWebQuotes.com and should be read carefully. By accessing the iWebQuotes.com’s website, you confirm that you have read the Legal Disclaimer, and that you agree to be bound by it. This includes how any disputes must be resolved through arbitration. If you do not agree to these terms, please stop using the iWebQuotes.com website immediately.
Your use of the iWebQuotes.com website is governed by the Privacy Notice, located at https://www.iwebquotes.com/PrivacyNotice.aspx, which is incorporated here by reference.
Site Benefits
iWebQuotes.com is a service which allows consumers to research, quote, compare, and enroll into insurance coverage directly through the website. Through partnerships with a network of insurance agents and agencies, iWebQuotes.com also provides consumers personal consultative advice to help a client understand decide on, and enroll into insurance coverage.
The information published on iWebQuotes.com is made available as a free service to our visitors, without any express or implied warranties of any kind. Any use of iWebQuotes.com is subject to the following disclaimers:
Site Eligibility
The iWebQuotes.com website is made available only for your personal, lawful, non-commercial use in connection with seeking insurance information. The iWebQuotes.com website is not targeted towards, nor intended for use by, anyone under the age of 18. Additionally, use by a competitor company or other non-consumer third-party is prohibited. By using iWebquotes.com, you represent and warrant that you are 18 years of age or older and are using the website for your personal and lawful use. In the event we become aware that you are not eligible for website use, we may terminate your registration.
Your Consent
The information you provide us via the iWebQuotes.com website is on a strictly voluntary basis. By voluntarily providing your contact information to us, you are consenting to be contacted for telemarketing purposes by the Company via telephone, text message, email, or other provided means, including calls which may be automatically sent with an autodialer, an artificial or prerecorded voice, or other automation technology. In addition, by providing us with your contact information, you are consenting to being contacted via these methods for telemarketing purposes by any of the below third parties in connection with your application or in response to your request. You understand that your telephone company may impose charges on you for these contacts. Additionally, you understand that you are not required to enter into this agreement as a condition of purchase for any products or services.
Disclaimer of Warranties
ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES, AND OTHER MATERIALS OFFERED ON OR IN CONNECTION WITH THE IWEBQUOTES.COM WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS MEANS THAT IWEBQUOTES.COM WEBSITE OWNERS INSUREME, INC. AND IDEAL CONCEPTS, INC. (“COMPANY”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION CONVEYED EITHER ORALLY OR IN WRITING SHALL CREATE SUCH A WARRANTY.
Accuracy and Continuity
Although Company reserves the right to update or correct information on the iWebQuotes.com website at any time, in no way is the Company responsible for the accuracy, reliability, currency, or completeness of any information, content, materials, advice, products, services, functionality, or other resources available in connection with the iWebQuotes.com website, including information displayed directly on the website and/or communicated through third-party insurance agents and agency partners.
Company shall not be held liable for technical failures of, or inability to access or use, the iWebQuotes.com website for any reason.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR CLAIM, NOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, WHETHER SUCH ACTION IS BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE WHICH ARISE OUT OF OR RELATES IN ANY WAY TO THE INFORMATION, CONTENT, MATERIALS, ADVICE, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER RESOURCES AVAILABLE ON OR IN CONNECTION WITH THE IWEBQUOTES.COM WEBSITE OR ANY THIRD-PARTY WEBSITE.
Company does not guarantee that you will qualify for products or services offered through the iWebQuotes.com website.
Indemnification
You agree to indemnify, defend and hold harmless Company, as well as its parents, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against all claims, losses, damages, liabilities and judgments, and all fees and expenses related thereto (including, without limitation, reasonable legal fees) incurred by an Indemnified Party as a result of any violation by you of your agreements with us.
ARBITRATION AGREEMENT AND CLASS & REPRESENTATIVE ACTION WAIVER
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND COMPANY OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS AND REPRESENTATIVE ARBITRATIONS AND CLASS AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS AND/OR REPRESENTATIVE ACTION. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (currently available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf), as amended by this Agreement.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, COMPANY 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. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator shall decide all gateway issues, including arbitrability and disputes concerning the scope of this arbitration provision. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, such agencies can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court or arbitrator decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
Furthermore, if a court or arbitrator decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable or that, for any other reason, a dispute is not subject to arbitration, you are also waiving your right to pursue a class and/or representative in court.
Applicable Law
The validity, construction, and performance of this Agreement and the legal relations among the Parties to this Agreement shall be governed by and construed in accordance with the laws of the Pennsylvania without giving effect to its conflict of law principles. In any arbitration proceedings, the arbitrator will apply the laws of the Pennsylvania without regard to principles of conflict of laws. To the extent a claim is deemed not to be arbitrable, the parties agree that venue shall be in either the Court of Common Pleas of Lehigh County, Pennsylvania, or the Federal Court for the Eastern District of Pennsylvania as appropriate under the jurisdictional rules applicable to such courts.
External Links
iWebQuotes.com and/or web pages may contain links and/or materials from sites and/or pages not owned, controlled, or maintained by Company. Any information, endorsements, materials, or personal opinions appearing on such external sites and/or pages are not controlled, sponsored, or approved by Company. This information is provided by Company merely as a public service. Company waives any legal responsibility for what a user may find on external sites and/or pages that are linked from iWebQuotes.com and/or web pages.
Copyright
Company has made the content of the iWebQuotes website and/or web pages available to the public, yet no one may copy or distribute the information contained therein without the express consent of Company. However, Company makes no express or implied warranty that materials contained therein are free of copyright claims or other restrictions or limitations of free use or display. Company including its authors and licensed insurance professional partners shall not be held liable for any damages that may arise from viewing, distributing, or copying of materials on its web sites and/or web pages.
Changes to This Legal Disclaimer
If a revision, in our sole discretion, is material, iWebQuotes.com will notify you. It is your responsibility to check periodically for any changes we make to the Legal Disclaimer. Your continued use of the iWebQuotes.com website after any changes to the Legal Disclaimer means you accept the changes.