1. Access Eligibility and Capacity. You may access the content on this Website if You are under the age of eighteen (18) years old. However, You must be at least eighteen (18) years of age to submit information to this Website. Insurance products are available only to individuals who can form legally binding contracts under applicable law. Smart Insurance reserves the right to refuse access to or use of our Website or Services to anyone not complying with this Agreement, at any time, in its sole discretion.
2. Your Warranty. You represent, warrant, and covenant that: (i) You have the legal capacity and authority to enter into this Agreement; (ii) all statements about Your personal information are current, true and accurate; (iii) You will update Your personal information if it becomes inaccurate; (iv) You will use the Website and other Services in strict accordance with this Agreement and all applicable city, state, and federal government laws, regulations, and ordinances; (v) You will not infringe or misappropriate the intellectual property rights of Smart Insurance or other third parties; and (vi) You will not make material misrepresentations of fact or defamatory statements about people, services, products or goods.
3. Our Service. This website allows Users to shop for insurance products and to connect Users with insurance providers and should not be considered a substitute for professional advice from a licensed insurance agent. To be clear, Smart Insurance is not party to any insurance transaction initiated through this Website; Smart Insurance is not an insurance company; Smart Insurance is not an insurance agency; Smart Insurance does not provide quotes for insurance, and Smart Insurance does not provide any professional advice about insurance. It is Your responsibility to make Your own choices about Your insurance coverage including the carrier You select, the agent You select, and any choices You make about Your coverage or lack thereof. Any link, phone number or other way of accessing insurance companies or agencies provided on this Website may be sponsored.
4. Use of Website Services. When using this site, You must fill in all mandatory fields with true, accurate, complete and current information about Yourself. Smart Insurance may suspend or terminate Your use if it in its sole discretion suspects that Your information is incomplete, inaccurate or untrue.
5. Telemarketing Consent. By submitting any form containing Your electronic signature through the Website, and separately for each such request You submit, You are indicating that You desire to be contacted by insurance providers, and You are providing express written consent that Smart Insurance, a third party affiliate, and/or insurance providers with whom You are matched, may deliver calls or text messages to You, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number You have provided, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. You understand that You are providing this consent to receive such telephone calls even if Your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that You are not required to consent to receive these communications as a condition of using the Services.
6. Email Consent. You further consent to receive email from Smart Insurance and insurance providers at the email address You provided or at other addresses that may be associated with You that we receive from third parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until You revoke them by opting out as set forth below.
7. Opting Out. You may opt out of receiving calls or emails from Smart Insurance at any time by engaging in any of the following reasonable means: (1) emailing firstname.lastname@example.org to expressly state in writing that You no longer wish to be contacted by Smart Insurance and are revoking Your consent to be contacted; (2) notifying a Smart Insurance customer service representative that You no longer wish to be contacted by Smart Insurance and are revoking Your consent to be contacted; or (3) responding to any SMS, mobile, text message, or email You receive from Smart Insurance in accordance with the express written instructions of that particular messaging program. You agree to notify any particular insurance provider directly if You no longer want to receive communications from them. You further agree that Smart Insurance is not responsible for an insurance providers failure to follow Your or our instructions to stop contacting You.
8. Links to Third Party Websites. This Website may contain links to websites maintained by third parties. Such links are provided for Your convenience and reference only. Smart Insurance does not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Smart Insurance’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When You leave this Website, You agree that Smart Insurance is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of Your access to or use of third-party technologies or programs available through that website.
9. Intellectual Property. The Website contains logos, graphics, trademarks and service marks and other content that are owned by Smart Insurance and other third parties. The Agreement does not give You the right to use, display, copy, or reproduce in any way any of these logos, marks, or graphics. This Agreement does not transfer to You any intellectual property or other proprietary rights. Smart Insurance maintains all rights, titles and interest to its intellectual property and other content.
10. DMCA Notice and Takedown Procedure. Smart Insurance respects the intellectual property rights of others and expects Users to do likewise. Smart Insurance complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) and responds to allegations of copyright infringement in notices that comply with the provisions of the DMCA. As part of our DMCA compliance, we may take down, remove or disable access to allegedly infringing Website content. Then, pursuant to the DMCA, we will make a good-faith attempt to determine if there is an infringement. If You are a copyright owner or agent of a copyright owner and believe that any content on the Website infringes Your copyrights, You may request that such content be removed from the Website by submitting a notification pursuant to the DMCA. To request removal of any content that You believe infringes Your copyright, please send a written notice (“Notice”) to the address listed below:
By Mail: 2934 N Beverly Glen circle #516
Los Angeles, CA 90077
Your written Notice must contain all of the following information:
1. Your full name, address, telephone number, and email address;
2. A description of all copyrighted works claimed to be infringed sufficient for identification of the works;
3. A description of where the works claimed to be infringed are located on the Website including a link to the works;
4. Your statement that You have a good faith belief that use of the works in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5. A statement under penalty of perjury that the information You have provided in Your Notice is accurate and that You are the copyright owner or that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You understand and acknowledge that if Your Notice does not comply with all of the above requirements, Your DMCA Notice may not be valid. Also, note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability.
Content posted by Users is the responsibility of the User and not Smart Insurance.
9. DISCLAIMER OF WARRANTIES. USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PRESENTED “AS IS.” SMART INSURANCE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATED TO THE WEBSITE, LINKED SITES, OR ANY CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMART INSURANCE EXPRESSLY DISCLAIMS REPRESENTATIONS AND WARRANTIES OF ANY AND ALL KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO: (A) WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (B) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR WARRANTY OF TITLE; (C) WARRANTIES RELATING TO TRANSMISSION OR DELIVERY OF THE WEBSITE OR THAT USE OF THE WEBSITE WILL BE CONTINUOUS OR UNINTERRUPTED OR AVAILABLE AT A PARTICULAR TIME OR IN A PARTICULAR LOCATION; (D) WARRANTIES RELATED TO THE ACCURACY, COMPLETENESS, SAFENESS, RELIABILITY OF THE WEBSITE CONTENT WHETHER POSTED BY SMART INSURANCE OR BY SMART INSURANCE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THE WEBSITE OR ASSOCIATED SERVICES; AND (E) WARRANTIES RELATING TO PERFORMANCE, CORRECTION, CHANGES, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SMART INSURANCE OR ANY OTHER PERSON OR ENTITY. SMART INSURANCE DISCLAIMS ANY RESPONSIBILITY FOR ANY ERROR, DELETION, OMISSION, OR DEFECT IN WEBSITE CONTENT OR ITS TRANSMISSION AND FOR DAMAGE TO YOUR COMPUTER OR EQUIPMENT FROM YOUR USE OF THE WEBSITE AND THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR INFORMATION OR CONTENT.
10. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, SMART INSURANCE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING, THE WEBSITE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS, LOSS OF REVENUE, INCOME OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SMART INSURANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO DAMAGES ARISING OUT OF OR RELATED TO WEBSITE ACCESS, USE, MISUSE, CONTENT, TRANSMISSION, OPERATION OR WEBSITE USER CONDUCT, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO PAIN AND SUFFERING, EMOTIONAL DISTRESS, PHYSICAL INJURY OR TRADEMARK, COPYRIGHT OR PATENT INFRINGEMENT AND TRADE SECRET MISAPPROPRIATION. YOU AGREE TO RELEASE SMART INSURANCE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE WITH ANOTHER USER OF THE WEBSITE.
11. Indemnification. You agree to indemnify, defend and hold harmless Smart Insurance and its directors, officers, employees, and agents against any and all claims, demands, or suits brought by any party, including but not limited to all expenses, costs, losses, liability, reasonable attorney fees and court costs, arising out of or related to Your access and use of the Website, including but not limited to a breach of a warranty or covenant of this Agreement or Content that is posted, uploaded or associated with the Website.
12. Termination. This Agreement will continue to apply until You or Smart Insurance terminate it. You may terminate this Agreement at any time by ceasing to access and use the Website. Your use of the Website may be terminated at anytime without prior notice, with or without cause for any reason, including but not limited to Smart Insurance’ determination that You have breached this Agreement. Termination of Your access and account is at the sole discretion of Smart Insurance. The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination of this Agreement.
14. Jurisdiction and Choice of Law. This Agreement and any use of the Website shall be governed by and construed under the laws of the State of California, without regard to its conflict of laws provisions. Any controversy or proceeding arising out of or related to this Agreement shall be brought only in the federal or state court in Los Angeles, California. You expressly submit to personal jurisdiction and venue in Los Angeles, California and will not object to such jurisdiction on the ground of forum non conveniens or otherwise.
15. Assignment. You may not assign this Agreement or delegate its duties. Smart Insurance may assign this Agreement (and any license contained in it) to any person or entity without condition.
16. Waiver. No waiver of any term or condition of or any breach of this Agreement or of any part of it shall be deemed a waiver of any other term or condition or of any later breach of the Agreement or of any part of it.
17. Enforceability. If any provision of this Agreement is found to be unenforceable, void, or unlawful, that provision is severed from this Agreement and does not affect the enforceability and validity of this Agreement or any of the other provisions.
18. Entire Agreement. This Agreement constitutes the complete agreement between the parties and supersedes all other agreements, promises, representations and negotiations, whether written or oral, between the parties regarding the subject matter of the Agreement.