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Activate Insurance Solutions Terms of Service

Applicable Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS") CAREFULLY BEFORE USING THIS WEB SITE. The following terms and conditions form a legal agreement between you and the legal entities of Activate Insurance Solutions Inc. ("Activate Insurance Solutions"). We use the terms "We", "Activate Insurance Solutions", or the "Company" to refer to each of these entities, as applicable. These Terms and our Privacy Policy govern your access to and use of Activate Insurance Solutions. By using this site, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions, as well as all applicable laws and regulations. If you do not agree to these terms then use of this site is unauthorized, please do not use this site.

Please note that these Terms contain provisions that govern the resolution of claims between Activate Insurance Solutions and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please see the Dispute Resolution section below for complete details.

Service

Activate Insurance Solutions acts as a portal to facilitate introductions between consumers and service providers in various verticals ("Provider") to offer products or services to consumers who have opted into being contacted through Activate Insurance Solutions to receive authorized quotes from a Provider.

Our Service is free for you to use. We may receive commission and fees from Providers that participate in the Service. The Service rendered by Activate Insurance Solutions is only available to the residents of the United States, and offers and services provided by Providers may not be available in all states. You may not accept these Terms or use this Service if you are not of legal age to form a binding contract with Activate Insurance Solutions. You must not access Activate Insurance Solutions or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the state in which you reside or from which you access or use Activate Insurance Solutions.

Terms Specific to Insurance Providers

Activate Insurance Solutions offers to facilitate introductions to Providers who may be insurance carriers or insurance agencies. Any insurance offered to you is provided to you by the party listing the insurance policy, and not Activate Insurance Solutions. The terms and conditions of any insurance product offered to you are provided by the Providers based on their underwriting and may vary based on a number of factors solely as determined by the insurers. We don't provide advice or endorse insurance products or Providers that appear on our website or other communication channels. As a result, it is your sole discretion whether to take out a policy based on a quote you get through our Service and to make sure the policy that is of interest to you meets your specific needs.

The quotes provided to you are provided to us by third parties; therefore Activate Insurance Solutions cannot guarantee their accuracy and whether they are the most current quotes available. The quotes do not constitute bookable rates, as the actual bookable rate requires additional information from you, and may vary relative to the provided quotes. We do not guarantee that the insurance offered by the Providers on our website or other forms of communication includes the best terms or lowest rates available in the market.

Activate Insurance Solutions operates through various Providers and may receive compensation as an agent. Quotes provided by this Service are for policies that may be available to you at prices estimated by the Providers. Actual availability and pricing are determined by the Providers after you complete an application over the phone. The accuracy of your information, the information further obtained by the Providers and your answers to additional questions on the website, email or on the phone may impact the pricing and availability of the policies.

Activate Insurance Solutions does not provide an application for insurance. We are providing you with an interface to connect you to a number of potential Providers. Any incorrect information entered by you may result in incorrect insurance quotes and/or may make a policy invalid, within the sole discretion of the insurer. We will pass the information we collect to third parties in order to provide our Services.

NEITHER PARTY OWES THE OTHER ANY DUTIES, FIDUCIARY OR OTHERWISE, AND EACH PARTY RELEASES THE OTHER FROM ALL MANNER OF ACTIONS, WHETHER PAST, PRESENT OR FUTURE, ACTUAL OR CONTINGENT, ARISING OUT OF OR RELATED TO SUCH DUTIES, EXCEPT AS EXPLICITLY STATED IN THESE TERMS.

Warranties and Disclaimers

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don't promise about our Service. OTHER THAN AS EXPLICITLY STATED IN THESE TERMS OR ADDITIONAL TERMS NEITHER ACTIVATE INSURANCE SOLUTIONS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTIONS OF THE SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability of Our Services

WHEN PERMITTED BY LAW, ACTIVATE INSURANCE SOLUTIONS AND ACTIVATE INSURANCE SOLUTIONS'S PROVIDERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ACTIVATE INSURANCE SOLUTIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE Services (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE Services AGAIN).

IN ALL CASES, ACTIVATE INSURANCE SOLUTIONS, AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Prohibited Activities

The content and information on this website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to Activate Insurance Solutions. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website. Additionally, you agree not to:

  1. Use this website or its contents for any commercial purpose.
  2. Access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
  3. Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website.
  4. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
  5. Deep-link to any portion of this website for any purpose without our express written permission.
  6. "Frame", "mirror" or otherwise incorporate any part of this website into any other website without our prior written authorization.
  7. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Activate Insurance Solutions in connection with the website or the services.

Governing Law

These Terms will be governed by the laws of Washington. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of the County of King, WA, USA, and you and Activate Insurance Solutions consent to personal jurisdiction in those courts.

Indemnity

By using our Sites, you agree to defend, indemnify, and hold harmless Activate Insurance Solutions and its partners from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that We may become obligated to pay arising or resulting from your use of the Site material or your breach of these Terms. Activate Insurance Solutions reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. These Terms are governed by the substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on our Sites, these Terms constitute the entire agreement between you and Activate Insurance Solutions with respect to your use of our Sites.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT PROVIDES THAT ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND ACTIVATE INSURANCE SOLUTIONS ARISING FROM OR RELATING IN ANY WAY TO: (1) THESE TERMS AND THEIR INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, AND THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS; OR (2) YOUR USE OF THIS WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST ACTIVATE INSURANCE SOLUTIONS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.