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AGENTS & CARRIERS TERMS OF USE INSURANKS.COM

 

 

 

Version Date: February 19th 2018

 

TERMS OF USE AGREEMENT

 

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”)

and Insuranks Ltd. and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the  www.insuranks.com

website as well as any other media form, media channel, mobile website or mobile application related or connected thereto

(collectively, the “Website”). The Website provides the following service: The Website provides a platform facilitating interaction between

consumers (“Insurankers”), insurance agents and carriers where Insurankers can receive quotes for insurance, bind and purchase insurance, and

access a variety related information and services (“Company Services”). Supplemental terms and conditions or documents that may be posted on

the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

 

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where

such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such

jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and

are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website

or use the Company Services.

 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS

(IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO

MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE

OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

 

COMPANY SERVICES – GENERAL

 

The Website is a platform where you as an insurance agent can meet, interact with, give insurance quotes, bind and sell insurance for consumers.

Carriers will be able to meet and interact with consumers and provide marketing assistance to agents and

have their own web presence at the company website. You will be solely responsible to ensure that your interactions

with the Website and consumers are in compliance with all insurance and related laws applicable to such interactions.

You will be provided an opportunity to create a public profile and post information and content on the Website, and all such information must be

accurate and not misleading and adds value to insurankers. You agree that you will not offer or promote any insurance products

unless you are properly licensed in the applicable region and for the applicable insurance product.

 

Company operates the Website as a mere intermediary platform and interactive technology service.

Company is not an insurance company, carrier, agent or broker and does not advertise, sell or offer insurance for sale.

 

Company attempts to verify Insuranker identities via linking of social media accounts and/or other verification methods,

but does not guaranty the validity of Insuranker identities. Company also does not independently verify information provided

by such Insurankers. Accordingly, we highly recommend that you independently verify Insuranker identities before

transacting any business with any Insuranker, and you are solely responsible for verifying all such information. Company

takes no responsibility for any damages or liability that may occur arising from interactions and/or the sale of insurance to

Insurankers introduced to you via the Website, and you waive all right to claim any such damages or liability from Company.

 

The Website also provides Insurankers with an opportunity to comment on, review and rank agents, carriers, insurance products and experiences.

Company does not and does not have a responsibility to review all such comments and rankings and Company takes no responsibility

for the content of any such comments. If you object to any Insuranker comment, you may contact Company,

however, Company has no responsibility to review, modify or remove any comment provided by an Insuranker.

 

You bear full responsibility and risk and liability for all aspects of the conduct and operations of your business including,

but not limited to, (a) offers of all products and services made via the Website; (b) your relationship with Insurankers, vendors,

licensees, licensors, regulatory agencies, governmental bodies and other third parties; and (c) your relationship with your customers. 

 

USE OF PERSONAL INFORMATION

 

You agree that, with respect to Insurankers’ personal information that you obtain through the Website or through any Website-related

communication or any Website-facilitated transaction, we have granted to you a license to use such information only for:

(a) any Website-related communications that are not unsolicited commercial messages,

(b) using services offered through the Website,

(c) facilitating a transaction between you and the Insuranker 

and (d) any other purpose that a Insuranker expressly agrees to after you tell them the purpose you would like to use it for. 

In all cases, you must give Insurankers an opportunity to remove themselves from your address book or database and a chance to

review what information you have collected about them. In addition, under no circumstances, except as defined in this provision,

can you disclose personal information about an Insuranker to any third party without both our consent and the consent of the Insuranker.

 

 

REPRESENTATIONS

 

Regarding Your Registration

 

By using the Company Services, you represent and warrant that:

 

a.    all registration, user, profile and quotes information you submit is truthful and accurate;

b.    you will maintain the accuracy of such information;

c.     you will keep your password confidential and will be responsible for all use of your password and account;

d.    you are not a minor in the jurisdiction in which you reside; and

e.    your use of the Company Services does not violate any applicable law or regulation.

f.     you agree that your provided profile information will be displayed publicly on the website

 

You also agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration and profile forms and

(b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information

that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue,

inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or

future use of the Website (or any portion thereof).

 

Regarding Your Business and Use of Website

 

You represent and warrant that: (i) you have the power and authority to enter into and perform your obligations under this Agreement;

(ii) when accepted by you, this Agreement will constitute your legal, valid, and binding obligation, enforceable against you in accordance with

its terms and conditions;

(iii) you are in good standing in the state and/or country of your organization;

(iv) you are qualified to do business in each state and/or country in which you provide products and services and have in effect and good standing

all licenses and permits necessary or required to provide such products and services;

(v) you will not violate any foreign, international, federal, state, country and/or local laws, rules, regulations, and ordinances, including, without limitation,

the CAN-SPAM Act of 2003 (as amended), the Federal Telemarketing Sales Rules (including, without limitation, the Telemarketing Sales

Rule (16 C.F.R. Part 310), the Telephone Consumer Protection Act (47 U.S.C. 227), provisions relating to the National Do Not Call Registry

(16. C.F.R. Part 310) and applicable state Do Not Call List requirements), the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), and

Section 5 of the FTC Act (collectively, “Laws”) applicable to your products or services or your performance hereunder;

(vi) you will not violate the rights of any third party including, without limitation, infringement or misappropriation of any copyright,

patent, trademark, trade secret or other proprietary/intellectual property right;

(vii) your products or services will not target consumers under the age of eighteen (18);

(viii) neither you, nor any employee of yours, is or has been under investigation or fined by the Federal Trade Commission

or any other governmental agency;

(ix) you shall implement such administrative, physical, and technical security measures as required by applicable Laws and/or as necessary, to:

(a) ensure the secure handling, transmission, storage, and disposal of any/ all consumer information which you holds or handle;

(b) protect against any threats or hazards to the security and integrity of such consumer information;

(c) protect against any unauthorized access to or use of such consumer information;

(d) use commercially reasonable efforts to cause its permitted transferees to exercise, all due care with respect to all consumer information

and the collection, handling, delivery, processing and transmission thereof, including, without limitation, with respect to confidentiality

and security and any consent or authorization necessary to use such information as contemplated hereby;

(e) comply, and will use commercially reasonable efforts to cause its permitted transferees to comply, with all applicable privacy Laws with

respect to their possession and use of any consumer information (including, without limitation, the use, unauthorized access, confidentiality

and security of consumer information (and procedures related to the foregoing)) and all applicable Laws regarding email marketing

and telemarketing activities.

(f) you are authorized and allowed to perform the business you are offering in the locations and for the products that you offer

(g) you have a stable business

(h) you will give the best rates you can

(i) you will always serve website users in the best possible way

(j) if you are an agent/broker/agency, you commit to paying carrier premiums and will be held responsible in case you will not

 

INSURANCE SALES TAXES & SERVICE FEES

 

When you sell an insurance policy via the Website, Company deducts an administrative service fee on all insurance premium

payments paid by Insurankers. The administrative fee rate may be changed at any time by Company. Company will deduct the

administration fee from the premium payments. The administration fees will apply on all premium payments, including any

renewals. If premiums are paid in installments, then the administrative fee for the full annual premium will be deducted upfront

from the initial installment payment. You agree not to invoice Insurankers for premiums for insurance policies, including renewals,

directly, but only via the Website. Administrative fees are non-refundable. Each party shall be responsible for its own taxes due on

payments made through the Website, meaning that local taxes that you are subject to are included in your quotes and policy sales. Until service fee is applied, using the website will require agents to subscribe on a monthly basis on an introductory rate and upload a copy of agent licenses to the agent public profile. you hereby declare that the copy of the agent license that you upload is official and real and was officially granted to you to act as an insurance agent. You also declare and commit to pay carrier premium payments once your quotes were purchased and issue the relevant policies to the purchasing insurankers immediately. Anything else will result in an immediate suspension of your agent account and possible further legal measures.

* Note: At the moment we only charge per quotes.

REWARDS PROGRAM 

Company offer rewards to users who will accomplish particular steps as detailed in the user profile home page. Company may change the required steps and the offered rewards at any time.

KARMA POINTS

Company rewards you with Karma Points for your involvement, engagement and contribution within the Website.

Karma Points may be used towards making purchases of accessories and other items, products and/or services that may be made available

through the Website from time to time. Please refer to information posted on the Website describing how to obtain Karma Points,

how Karma Points may be used, and other terms and conditions relating to Karma Points.

Karma Points have no cash value and may not be redeemed for cash. Karma Points may not be used for the purchase of insurance by Insurankers.

However, you may give discounts for insurance purchases and other products or services in exchange for Karma Points.

Company may change the terms and conditions applicable to Karma Points at any time.

Company will deduct the amount of Karma Points from your Karma Points account for purchases of products and/or services.

 

KARMA STORES

Agents and carriers may have stores on the Website selling accessories and other items, discounts, products and/or services.

Insurankers may purchase these items using Karma Points. Cash may not be used for purchasing such items.

You, as the owner of a store, are responsible for all aspects of items sold, including, sales tax, shipping, insurance, returns, and warranties.

You must post on your Karma store all policies that relate to such items.

Karma Points used for the purchase of items from your store will be credited to your Karma Points account.

 

REGARDING CONTENT YOU PROVIDE

 

The Website will invite you to chat or participate in blogs, message boards, online forums, quotes and other functionality and may provide you

with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company

and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, quotes, suggestions

or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to Company will be treated

as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

 

a.    the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not

and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third

party;

 

b.    you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize

Company and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

c.     you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name

or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by

this Website;

d.    your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company),

libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any

government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or

rule, and does not violate the privacy or publicity rights of any third party;

e.    your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18

in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect

the health or wellbeing of minors;

f.     your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or

physical handicap;

g.    your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law

or regulation.

 

GUIDELINES FOR RANKINGS AND REVIEWS


Insurankers may rank and review agents and carriers. Company may accept, reject or remove ranking or reviews in its sole discretion.

Company has absolutely no obligation to screen rankings and reviews or to delete rankings or reviews, even if anyone considers rankings or

reviews objectionable or inaccurate. Rankings and reviews are not endorsed by Company, and do not represent the views of Company or of any

affiliate or partner of Company. Company does not assume liability for any ranking or review or for any claims, liabilities or losses resulting from

any ranking or review.

 

CONTRIBUTION LICENSE

 

By posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social

network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted,

unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host,

use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,

transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose,

commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and

authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and

distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company

name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you

provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in

this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with

your Contributions.

 

Company has the right, in our sole and absolute discretion, to

(i) edit, redact or otherwise change any Contributions,

(ii) re-categorize any Contributions to place them in more appropriate locations or

(iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

 

By using the website and uploading your Contributions to the Website, you hereby authorize Company

to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free,

fully-paid license to access, download, print and otherwise use your Contributions for their internal

purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

 

APP LICENSE

 

Use License

 

If you are accessing the Company Services via a mobile application, then Company grants you a revocable, non-exclusive, non-transferable,

limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such

devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of

this license and shall not:

(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;

(c) violate any applicable laws, rules or regulations in connection with your access or use of the application;

(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates,

partners, suppliers or the licensors of the application;

(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute

for the application;

(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;

or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design,

development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

 

Terms Applicable To Apple and Android Devices

 

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the

Company Services. You acknowledge that this Agreement is concluded between you and Company only, and not with Apple Inc. or Google, Inc.

etc. (each an “App Distributor”), and Company, not an App Distributor, is solely responsible for the Company application and the content thereof.

(1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a non-transferable license to use the Company

application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth

in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible for providing any

maintenance and support services with respect to the Company application, as specified in this Agreement, or as required under applicable law.

You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to

the Company application. (3) WARRANTY: Company is solely responsible for any product warranties, whether express or implied by law, to

the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable warranty, you may

notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for

the Company application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation

whatsoever with respect to the Company application, and any other claims, losses, liabilities, damages, costs or expenses attributable to

any failure to conform to any warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company, not an

App Distributor, is responsible for addressing any claims of yours or any third party relating to the Company application or your possession

and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application

fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Company application or your

possession and use of the Company application infringes a third party’s intellectual property rights, the App Distributor will not be responsible

for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or

that has been designated by the U.S. government as a “terrorist supporting” country; and

(ii) you are not listed on any U.S. government list of prohibited or restricted parties.

(7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Company application,

e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Company

application.

(8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party

beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor

will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

 

SOCIAL MEDIA 

 

As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers

(each such account, a “Third Party Account”) by either:

(i) providing your Third Party Account login information through the Website; or

(ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of

each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or

grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by

you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any

fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third

Party Accounts, you understand that

(i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account

(the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists,

and

(ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account

with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such

Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account

on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party

Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website.

You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS

GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social

Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for

any Social Network Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party

Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those

contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account

settings (if applicable), Company will deactivate the connection between the Website and your Third Party Account and delete any information

stored on Company’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated

with your account.

 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company

Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled

to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or

compensation to you.

 

PROHIBITED ACTIVITIES

 

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used

in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes,

but is not limited to:

 

a.    criminal or tortious activity;

b.    systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database

or directory without written permission from Company;

c.     making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or

other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

d.    tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such

as passwords;

e.    engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;

f.     interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

g.    attempting to impersonate another user or person or using the username of another user;

h.    selling or otherwise transferring your profile;

i.      using any information obtained from the Website in order to harass, abuse, or harm another person;

j.      using the Company Service as part of any effort to compete with Company or to provide services as a service bureau;

k.    deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part

of the Website;

l.      attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;

m.  harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company

Services to you;

n.    deleting the copyright or other proprietary rights notice from any Website content;

o.    except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any

automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the

Website, or using or launching any unauthorized script or other software; or

p.    using the Website in a manner inconsistent with any and all applicable laws and regulations.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by

or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and

international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs,

audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are

registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade

dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner

that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

 

Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced,

aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the

prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and

use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly

gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website

and Company Content and Marks.

 

THIRD PARTY WEBSITES AND CONTENT

 

The Website contains (or you may be sent through the Website or the Company Service) links to other websites ("Third Party Websites")

as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content

or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not

investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any

Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website,

including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites

or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content

does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or

install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should

review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website

or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other

websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively

between you and the applicable third party.

 

SITE MANAGEMENT

 

Company reserves the right but does not have the obligation to:

 

a.    monitor the Website for violations of this Agreement;

b.    take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation,

reporting such user to law enforcement authorities;

c.     in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically

feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;

d.    in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and

content that are excessive in size or are in any way burdensome to Company’s systems;

e.    otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the

proper functioning of the Website.

 

PRIVACY

 

We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or Company Services, you are consenting

to have your personal data transferred to and processed as part of the service. By using the Website or the Company Services, you are consenting

to the terms of our Privacy Policy.

 

TERM AND TERMINATION

 

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable.

You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your

account settings, if available, or by contacting us using the contact information below.

 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION

AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY

REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT

CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION

IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT

ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

 

In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion

to block certain IP addresses from accessing the Website and Company Services.

 

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of

this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

 

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME

PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS.

  TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION

LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS.  THIS SECTION APPLIES ONLY TO INDIVIDUALS

RESIDING IN STATES WITH SUCH LAWS.

 

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under

your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to

terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing

civil, criminal, and injunctive redress.

 

 

MODIFICATIONS

 

To Agreement

 

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions

will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such

modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of

such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review

this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you

will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes.

Modifications to this Agreement shall be effective after posting.

 

To Services

 

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with

or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of

the Company Services.

 

DISPUTES

 

Between Users

 

If there is a dispute between users of the Website, or between users and any third party, you understand and agree 
that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users,
you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and/or the Company Services.

 

With Company

 

a.    Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed by and

construed in accordance with the internal laws of the State of New York, without regard to conflict of law provisions. With respect to any

disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute

any action in connection therewith other than in the state and federal courts located in New York County, State of New York, and you hereby

consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state

and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement.

Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any

claim, action or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause

of action arose.

b.    Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"),

you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty

(30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to

the other.

c.      Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may

elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election

to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE

RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration

Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related

Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject

to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your

share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs

are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person,

through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of

reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York County, State of

New York. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration,

stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

d.    Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually.

To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be

arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a

purported representative capacity on behalf of the general public or any other persons.

e.    Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above

provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of

any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy

or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company

will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided

by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal

jurisdiction of that court.

 

CORRECTIONS


Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service

descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and

to change or update the information at any time, without prior notice.

 

DISCLAIMERS

 

Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or

imply that Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation

content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content

to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may

encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or

offline, of any user of the Website or Company Services.

 

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY

LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION

WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO

THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF

OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR

COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE

BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY

DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A

THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY

WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS

OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU

SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

INDEMNITY INSURANCE

 

You shall indemnify, defend, and hold harmless Company, its affiliates, and each of their respective mirror, co-branded or derivative websites, officers, directors, employees and agents from and against any and all action, cause of action, suit, claim, demand, settlement, judgment, controversy, loss, obligation, damage, cost, lien, fine, penalty, charge, court cost, payment, loss, liability and expense (including reasonable attorneys’ fees and expenses) which may be asserted against, imposed upon, or suffered by any of the indemnified parties, or which may be claimed by any person as a result of, arising out of or related to (i) your business, (ii) your products; (iii) any relationship, agreement or transaction between you and any Website visitor, Insuranker, your customers, employees, agents, subcontractors, vendors, suppliers, regulatory agencies and any other third parties, (iv) the breach of any of the representations or warranties made by you in this Agreement, (v) your use of the Website, and (vi) the failure of you to perform your obligations under this Agreement.

 

You shall, during the term of this Agreement and for a period of one (1) year thereafter, procure and maintain, at your own cost and expense, liability insurance in amount reasonably expected in your industry, but in no event less than necessary to meet your obligations hereunder. Notwithstanding the foregoing, at a minimum, you shall procure and maintain, during the term of this Agreement, Errors and Omissions liability insurance in the amount of $1,000,000 per occurrence. Within seven (7) calendar days of Company’s request, you shall deliver to Company certificates of insurance evidencing the requirements in this section.

 

NOTICES

 

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

 

USER DATA

 

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

 

ELECTRONIC CONTRACTING

 

Your use of the Company Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

MISCELLANEOUS

 

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

 

CONTACT US

 

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

 

Insuranks Ltd.

Email: admin@insuranks.com

 

Phone: +972528774242