PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By accessing FutureProof Insurance Agency, using any of our services and/or accessing and using any other websites on which these Terms and Conditions reside (collectively the "Site"), you acknowledge that you agree to and are subject to the following Terms and Conditions, including without limitation, binding arbitration (described in Section 2 below), the FutureProof Privacy Policy, E-Sign Consent, and any operating rules, policies, and procedures that may be published from time to time on this Site (collectively, the "Terms").
If you do not agree to these Terms, you may not access or otherwise use the Site or the Content. The Terms constitute a legally binding agreement between you and FutureProof Insurance Agency (hereafter referred to as "we", "us" or "our"). The Site is available only to individuals who can form legally binding contracts under applicable law, and is intended for residents of the United States, age 18 or older.
1. Our Services
The Site acts as a portal to facilitate insurance agents, insurance companies, lead aggregators and other similar parties (each a "Provider") to offer for sale and to sell, insurance and other products to potential consumers. We may, with a Prospect's authorization, collect certain information (a "Lead") about a Prospect and sell the Lead to a Provider. We are not responsible for the legality, safety or quality of the products offered for sale by a Provider. With the exception of certain life insurance transactions, we do not issue insurance contracts or bind coverage, endorse or recommend any Providers or insurance policies, or provide any type of insurance, tax, financial, legal or any other advice.
2. Dispute Resolution By Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You agree to attempt in good faith to settle any dispute or claim arising out of or relating to these Terms or your use of the Site by way of consultations between you and us, initiated upon written notice. If such Claim cannot be resolved within thirty (30) days, any party may initiate an arbitration proceeding.
You agree to arbitrate all Claims between you and us that cannot be amicably resolved. This agreement to arbitrate includes claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. You waive the right to participate in a class action.
The arbitration will be governed by the American Arbitration Association ("AAA") under its then-prevailing rules. The AAA Rules are available at adr.org/Rules or by calling (800) 778-7879.
You may opt-out of this arbitration provision only by written notice to us at info@futureproofins.com within thirty (30) days of your acceptance of this agreement.
DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
3. Personal Use
We grant each User a limited, revocable, non-exclusive license to access the Site and its Content in order to view, access or make inquiries regarding our services. Any other use of the Site is expressly prohibited. This limited license does not include any right of display, copying, aggregation, collection, or derivative use of the Site, nor any right to use spiders, data mining, robots or similar data extraction tools without our prior express written permission.
4. Downloading of Information and Proprietary Rights
All Content and the Site itself is protected by copyright and database rights pursuant to U.S. copyright laws, trademark laws, and international conventions. The Content is only for each User's personal use. Copying or storing any Content other than for noncommercial, personal use is expressly prohibited without prior written permission.
5. Unauthorized Use
Unless otherwise provided herein or allowed under applicable law, you may not without our prior written consent:
- Upload, post, display, copy, republish, reproduce, transmit, or distribute any Content;
- Reproduce any portion of the Site on your website or using any framing technique;
- Reverse engineer, disassemble, copy, or duplicate any part of the Site;
- Modify, translate, or create derivative works from any Content;
- Offer for sale, sell, license, or transfer any portion of the Site to third parties;
- Use any spider, robot or automated device to copy, monitor, or keep a database copy of the Content; or
- Use the Site to create any fraudulent or false inquiry or account.
6. Site Changes
We may change, discontinue or suspend any aspect of the Site at any time, including the availability of any Site features, Content or database. We may also impose limits on certain services or features or restrict your access to all or part of the Site without notice.
7. Our Privacy Policy
When you use the Site, you consent to the collection and use of your personally identifiable information in accordance with the FutureProof Privacy Policy, which is incorporated into these Terms.
8. Identity Verification
We encourage all Users to use appropriate caution when interacting with anyone whom you may be doing business with specifically via the Site or generally via the Internet.
9. Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR THE CONTENT.
11. Indemnification
You agree to defend, indemnify and hold harmless FutureProof Insurance Agency, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of and access to the Site, or your violation of these Terms.
12. Third-Party Websites
The Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third-party websites. We are not responsible for the content of linked third-party sites.
13. Notice
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Site.
14. Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
15. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
16. Choice of Law and Forum
These Terms shall be governed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal proceedings not subject to Section 2 arbitration shall be brought exclusively in the federal or state courts located in Delaware.
17. Entire Agreement
These Terms (together with the Privacy Policy and any other legal notices published by us on the Site) shall constitute the entire agreement between you and us concerning the Site and your use thereof.
Contact
FutureProof Insurance Agency
8677 Villa La Jolla Drive #1217
La Jolla, CA 92037
info@futureproofins.com