Last Updated: October 25, 2023
Valid since: January 5, 2020
1. General Provisions
1.1. insuresmarter.net Terms and Conditions ("Terms and Conditions" or “Terms”) govern your access and use of the insuresmarter.net ("insuresmarter.net", "our," "us," or "we"),Website, located at https://insuresmarter.net/ (or the "Website").
insuresmarter.net is a free service to assist users that collects information from thousands of products and services to help users to make the right choice and find the best option for them.
The mission of insuresmarter.net is to discover, engage and analyze everyday products and services and to improve the relationship between You as customer and product, consumer and brand, by introducing informed and engaged consumers with high-value brands.
By accessing, searching, browsing, and using this Website, you ("you" or "User") confirm that you have read, understood, and accepted these Terms. You can reach us by email at: firstname.lastname@example.org. If you disagree with any of the terms and provisions contained below, you should cease using our Website and opt out by closing the Website.
1.2. You won't be charged anything by insuresmarter.net to use the Website. We don't also provide any paid subscription services for our Users.
1.3. We certify that there is no cost to use our website for our Users. However, via our Website, you can be matched with our Partners who can offer different goods/services that may require payment. So, Users should pay for the goods/services that our Partners make available for them via our Website. We have no control over our Partners' pricing and make no effort to determine whether the costs they set are reasonable or appropriate for the variety and volume of services they provide.
Additionally, we don't examine or guarantee the quality of the services provided by our Partners. Our primary goal is to provide Users with access to our Website so they can view experts in particular or different fields and, if they choose, make an independent decision in favor of one Partner over another.
We don't offer suggestions or give advice.
You, the User, make the decision and are solely in charge of it. Any relationships you may have with one of our Partners are not a part of or under the control of insuresmarter.net.
Except where prohibited by law, insuresmarter.net will bring no liability for any losses, costs, damages, or claims in connection with, arising from or related to User’s use of a Partner’s products or services, including any fees charged by Partners.
1.4. Please, be aware that insuresmarter.net does not provide any services and does not sell goods directly or by the Partners to the User. We conduct business activities as a search engine for different types of goods/services that Users can choose via our Website support.
2. Main Functionality
2.1. On our Website, you may access the content in various categories and from various fields and areas, such as education, finance, health, lifestyle, travel, etc. We only give our Users the opportunity to access such content, which may contain active links to our Partners` resources, where they directly offer their goods and/or services available for purchase.
We only provide a search engine to help you to find potential options for your needs in different goods and/or services.
2.2. Please be aware that we cannot guarantee the lowest prices because we do not conduct a targeted market analysis to pinpoint the offers that are most advantageous in terms of price or the accuracy of the information about the products or services that are displayed on our Partner`s websites or other resources. Although we do not demand that our Partners submit proof of their professionalism, specialized training, or competence.
2.3. We may display the links on our Website that can redirect Users to the websites or other resources of our Partners that can contain potential options Users can choose. We always advise Users to get Partner`s or other third party`s assistance to guide them through their request if they are unsure if the goods/services match their needs or expectations.
2.5. By going via the link on the Website that can direct you to our Partner`s website, you acknowledge that you can be asked to provide/disclose your personal data to our Partner. You agree and understand that disclosing any personal information to our Partner or other third party is your own risk and decision. Regarding the use or disclosure of information given to third parties, such as our Partners, insuresmarter.net has no control over it and makes no guarantees in that regard. You acknowledge and agree that insuresmarter.net does not control any third parties, including our Partners and service providers, and that insuresmarter.net is not liable for how any third parties use your information, personal data.
2.6. Links that can be provided by our Partners and other third-party websites and services via our Website are provided for your convenience only. We have no control over or affiliation with the websites and services linked to them. You acknowledge and agree that insuresmarter.net has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and that insuresmarter.net is not responsible for the validity, accuracy, or appropriateness of any such content. insuresmarter.net also disclaims all responsibility and liability, directly or indirectly, for any injury or damage of any kind that may result from your use of such third-party websites or services.
2.7. Please consider that insuresmarter.net is not a licensed specialist at some or concrete sphere, and in any case insuresmarter.net shall not be brought to liability in any form for the quality of Partner’s goods/services, neither be responsible for either the availability of Partners or their offerings, quotes, including for any products or services you may obtain by contacting any of them as a result of your use of our Website or the features hereof.
2.8. You agree that insuresmarter.net is not liable for any advice from Partners or third parties. You agree that you are responsible for your own financial research and financial decisions, and that insuresmarter.net is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a User of insuresmarter.net Website.
3. User’s Representation and Guarantees
3.1. By accessing and using this Website, you affirm and warrant that:
3.1.1. You are of legal age and possess the power and authority necessary to enter into these Terms; we expect that You are at least 13 years of age, as the Website is not designed and intended for use by minors under the age of 13. In case you are 13 or older but under the age of 18, you must review these Terms with your parent or guardian to make sure that you and your parent or guardian understand it, and that they agree to it on your behalf.
3.1.2. You won't pose as someone else or an organization, or in any other way misrepresent yourself;
3.1.3 You acknowledge that insuresmarter.net does not verify or look into the licensing, certification, or other requirements for the Partner' qualification improvement and that the quotes, fees, terms, rates, coverage, or services provided by our Partners may not always be the best available;
3.1.4. You realize and agree we’re not responsible for the availability of the products/services Users can find via our Website through the active links that may be available for Users.
4. Intellectual property
4.1. The Website contains materials, such as text, graphics, images and/or other materials and information provided by, on behalf of us or by our Partners, and through your use of the Website you will be provided with the access to such materials only for your personal usage.
4.2. These materials and information are collectively referred to herein as the "Content." The Content is owned by insuresmarter.net and/or our licensors and may be under guard of both United States and foreign copyright laws and treaties.
4.3. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the Website, which are our or our licensors registered and unregistered trademarks or service marks. Moreover, the organization and design of the Website are the property of insuresmarter.net and are protected worldwide by copyright laws and treaty provisions.
4.4. We reserve all rights in and to the Website and related Content. If you submit comments, suggestions, ratings or other feedback regarding the Website or your experience, you agree that we will be free to use such feedback for any purpose, without restriction or obligation to you and without the need to obtain any additional consent from you.
4.5. You are granted permission to use the information provided to you on or via the Website solely for your own personal, non-commercial use, provided that none of the Content was modified and that any legal legends are retained.
4.6. You may not "mirror" any Content contained within this Website without our express prior written consent. Except as stated herein, none of the Content may be used, copied, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written permission.
4.7. Nothing contained in these Terms shall be construed as conferring you any license or right to any trademark or other intellectual property right of insuresmarter.net or any other party. insuresmarter.net and the stylized "insuresmarter.net” Logo design are insuresmarter.net`s registered trademarks. All other trademarks, trade names, service marks and logos displayed throughout the Website are the property of insuresmarter.net, licensed by insuresmarter.net or owned by third parties.
4.8. You shall not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout the Website without the prior written consent of the owner of the trademark, trade name, service mark and logo.
4.9. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to: email@example.com
4.10. Please note: If you materially misrepresent that online material, product, or activity infringes your copyrights, you may be liable for damages (including court costs and attorneys' fees). We suggest that you consult your legal advisor before submitting a notice or counter-notice.
5. Restrictions on how to use the Website
5.1. You are not allowed to:
5.1.1. rent, lease, lend, sell, redistribute, reproduce, or sublicense the Website.
5.1.2. threatening, harassing, abusing, impersonating, injuring or intimidating others; interfering with others' use of this Website, unless such interference is for the purpose of complying with another section of these Terms;
5.1.3. copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof;
5.1.4. conducting or supporting illegal activity of any type whatsoever;
5.1.5. transmitting or storing worms or viruses or any code of a destructive nature;
5.1.6. disguising the origin of any content transmitted through this Website or manipulating your presence on the Website; and/or causing the launch of any automated system(s) that accesses this Website in a manner that sends more request messages to servers of the Website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
5.1.7. delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in this Website;
5.2. If for some reason any restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law and/or license(s).
5.3. You may not exploit or interfere with the Website in any unauthorized or unlawful way whatsoever, including, but not limited to by trespassing or burdening the Website Infrastructure or capacity.
5.4. Your liability for actual damages, loss of income to insuresmarter.net, and profits you derive from this misappropriation, as well as all costs and attorneys' fees, may result from these and other violations of insuresmarter.net rights, including intellectual property rights.
5.5. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of the Content (images, text, graphics or video etc.) is strictly prohibited.
5.6. We reserve the right to pursue all legal and equitable remedies against unauthorized uses.
6. Limitations of Availability. Limitations of Liability, Disclaimers and Indemnification
6.1. You realize the Website or some aspects thereof may not be available in all languages or all countries.
6.2. We make no representation that the Website is available or permitted in any particular location. Residents of some states may not be eligible for some goods/services or may be subject to large costs.
6.3. Use of the Website is void where prohibited.
6.4. You use the Website at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Website as required by law.
6.5. insuresmarter.net is not a goods/services provider. Any goods/services offered to you are provided to you by one of the Partners and not by insuresmarter.net.
6.6. insuresmarter.net does not necessarily guarantee that quotes, fees, terms, rates, coverage, or services offered by Partners are the best available. insuresmarter.net does not necessarily validate or investigate the licensing, certification, or other requirements and qualifications of Partners. Providing information on this Website does not guarantee that you will receive some goods/services. The estimates, prices or savings advertised by/on this website are not necessarily available from all providers or advertisers. Your actual estimates, prices or savings will vary based on many factors. For any concrete goods/services questions, please contact the Partner company directly. You are under no obligation to use our Website or service to initiate contact, nor apply for goods/services or any product with any Partner from the Website.
Our Website does not include all companies or all available offers. We encourage you to research all available options relative to your situation.
6.7. The terms and conditions of any product (good/service) offered to you are provided by the Partners based on their underwriting and may vary based on a number of factors solely as determined by the Partners.
6.8. It is your responsibility to investigate Partners. You acknowledge and agree that Partners are solely responsible for any products or services that they may offer or provide to you and that insuresmarter.net shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Partner's products or services. insuresmarter.net always recommends getting the advice of financial advisors, or other qualified professionals who are fully aware of your circumstances before making any purchase decision.
6.9. We don’t provide advice or endorse products/services with or as Partners that appear on our Website. As a result, it is your sole discretion whether to order goods/services from our Partner that You can find through our Website and to make sure the goods/services you can order meet your specific needs.
6.10. The quotes provided to you are provided to you by our Partners. Therefore insuresmarter.net cannot guarantee their accuracy and whether they are the most current quotes available. The prices provided to you are provided by our Partners. Therefore we cannot guarantee they are the most expedient prices available.
6.11. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.12. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DURING YOUR ACCESS TO OR USE OF THE WEBSITE, THE SERVICES OR ANY CONTENT.
6.13. ALL PRODUCTS (GOODS/SERVICES) QUOTED OR SOLD THROUGH THE WEBSITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE SERVICES PROVIDERS (OUR PARTNERS) WHO OFFER SUCH PRODUCTS (GOODS/SERVICES) WITH THE HELP OF OUR WEBSITE.
6.14. IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
6.15. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE LOWEST EXTENT PERMITTED BY APPLICABLE LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, ANY SERVICE, OR ANY CONTENT IS TO STOP USING THE SAME.
6.16. You agree that you will be personally responsible for:
6.16.1. your use of the Website, and you agree to defend, indemnify, and hold harmless insuresmarter.net from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with your access to, use of or alleged use of the Website and its Services;
6.16.2. your violation of the Terms or any applicable law or regulation;
6.16.3. your violation of any third party rights, including without limitation any intellectual property rights, publicity, confidentiality, property or privacy rights; or
6.16.4. any disputes or issues between you and any third party.
insuresmarter.net reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
7.1. insuresmarter.net reserves the right to modify or discontinue, temporarily or permanently, some or all of the Website functionality at any time without any notice or further obligation to you.
7.2. Therefore, you give your consent that insuresmarter.net will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Website/its part/function/functionality.
8. Governing law and choice of forum
8.1. These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. Pursuant to Section 8.2 hereunder, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, the User and insuresmarter.net agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within State of Wyoming, for the purpose of litigating all such disputes.
8.2. In the interest of resolving disputes between you and insuresmarter.net most expediently and cost-effectively, you and insuresmarter.net agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”).
8.3. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will occur individually; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other users.
8.4. YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND insuresmarter.net ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
8.5. You and insuresmarter.net agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory...
8.6. Notwithstanding Section 8, you and insuresmarter.net agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to:
8.6.1. bring an individual action in small claims court;
8.6.2. pursue enforcement actions through applicable federal, state, or local courts where such actions are available;
8.6.3. seek injunctive relief in any competent court of law; or
8.6.4. to file suit in a court of law to address intellectual property infringement claims.
8.7. Any arbitration between you and insuresmarter.net will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting insuresmarter.net.
8.8. The Notice must:
8.8.1. describe the nature and basis of the claim or dispute; and
8.8.2. set forth the specific relief sought (“Demand”). If the User and insuresmarter.net do not reach an agreement to resolve the claim within 30 days after the Notice is received, User or insuresmarter.net may commence an arbitration proceeding.
8.9. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse insuresmarter.net for all fees associated with the arbitration paid by insuresmarter.net or on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
8.10. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance-based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in State of Wyoming. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party.
8.11. Unless both you and insuresmarter.net agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
9.1. The invalidity or unenforceability of any provision of this Terms shall not affect the validity of this Terms as a whole and any such provision shall be reconstructed in a way that best embodies the intent of this Terms to apply to the maximum extent allowable under applicable law.
9.2. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by its express terms.
The failure by either party to enforce at any time any of the provisions of this Terms to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms.
The section headings used herein are for convenience only and shall not be given any legal import.
10. Communications with us
10.1. When you visit insuresmarter.net’s Website or send email to us, you are communicating with us electronically. insuresmarter.net may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Website. Therefore, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10.2. By providing your email address, phone number, or both on insuresmarter.net’s Website, you authorize us and our Partners to call you, email you, or text. So please be responsible and mindful when providing your contact information as we do not collect it or require you to provide it.
10.3. For any questions that you may have during or in connection with the use of our Website, please contact us by email: firstname.lastname@example.org.