Effective Date/Last Updated: August 18, 2023
These Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent and/or the Approved Recipients who are third-party beneficiaries of the mandatory arbitration provision. Thus, for example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims that you may have regarding any telemarketing or SMS/text messages that you receive are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on one of our Sites; and (2) you may opt-out by filing a claim in Small Claims court provided the requirements described below are met.How the Site Works.
The Sites and Services provide users with (i) information and qualification/enrollment details from Approved Recipients about various Insurance Products, which may include auto, medical, dental, vision, Supplemental Medicare, life, and disability insurance, for which our users may qualify; and (ii) the opportunity to get matched by Approved Recipients with potential insurers who may respond with quotes or conditional offers for products or services. The Approved Recipients that can provide you with insurance quotes or conditional offers may not respond with offers until they obtain additional information from you.
Register on our Site and provide accurate contact information including your e-mail address, full name, postal address, and date of birth. Complete the qualification survey to see if you may qualify for any of the promoted Insurance Products. By submitting your contact information to us, you represent that all of the information you have provided in your submission is true and complete. We'll ask you to provide your prior express written consent to be contacted by telephone by one of the Approved Recipients listed in the consent. If you provide consent, one of the Approved Recipients will call you at the number you provide and help you identify whether you qualify for one or more the Insurance Products offered and how to apply.
You do not need to consent to be called or texted to get information on Insurance Products or to gain access to the Services. If you don't want us calling you, you can always decline to provide your consent and call in to our Licensed Insurance Agents at the following number: ACA_CLOSER_DID_FORMATTED. If none of our Licensed Insurance Agents are available you may be connected with another of the Approved Recipients.
We may provide information on the Sites on other goods and services we offer and provide other content (collectively, "Other Content") that you might find of value. (The foregoing activities we provide may also be referred to collectively as "Services.")Medicare Supplement Plans Disclosure.
We may offer Supplemental Medicare plans. Please note that Supplemental Medicare plans are not connected with or endorsed by the U.S. Government or the Federal Medicare program. All Site offers comply with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex.Disclaimer.
We are compensated in one of two ways: (i) if you enroll in an Insurance Product from one of our Licensed Insurance Agents; or (ii) if you respond to a quote or offer for Insurance Products from one of the Approved Recipients. We are not a provider of insurance, and are not acting as an insurer, and do not make any decisions in connection with the underwriting or offering of any Insurance Products. Any compensation from Approved Recipients is payment for our Services. Your use of the Site and/or Services constitutes your agreement with this compensation arrangement.
Approved Recipients will provide information on various Insurance Products for which you qualify. You should rely on your own judgment in deciding which available Insurance Product best suits your needs and financial means. The applicable insurer is solely responsible for its Insurance Products, and you agree that we shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such Insurance Products. If you enroll in an Insurance Product through one of our Licensed Insurance Agents, we may contact you before the policy renews to determine your interest in renewal. You understand that Approved Recipients may keep your insurance request information and any other information provided by us or received by them in the processing of your request, whether or not you are qualified for insurance with them or if you obtain insurance from them. You agree to notify any particular Approved Recipients directly if you no longer want to receive communications from them. We are not responsible for any errors or delays in responding to a request or referral form caused by incorrect contact information provided by you or other technical problems beyond our reasonable control.
Our Site, Services, and the Insurance Products advertised herein may not be available in all states, and the availability may change from to time without notice. Insurers are not attempting to offer Insurance Products outside of their authorized states or country through their Insurance Products being advertised via the Site.
The information provided by us whether on the Site or discussed during any call does not represent a guarantee of coverage or specific payment. All Insurance Products are subject to the terms, conditions and limitations of the specific policy issued, including eligibility, pre-certification, exclusions and limitations, and medical necessity requirements. The information you may provide us is not, and is not treated as, an application for insurance or a request to be pre-approved, pre-qualified or any similar concept. We do not guarantee acceptance into any particular Insurance Product or specific terms or conditions with any Insurer; insurance approval standards are established and maintained solely by individual Insurers. We do not guarantee that the insurance terms or rates offered and made available by Insurers are the best terms or lowest rates available in the market. An insurer's offer may be subject to market conditions, approval, and qualification.Telemarketing and Text Messages.
Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act ("TCPA"), you consent to receive telephone calls, including calls delivered via automated technology and text and SMS messages to the telephone number(s) that you provided from us and the Approved Recipients listed in and hyperlinked to the consent. You are not required to provide this consent to obtain access to the Services through the Sites and your consent simply allows us to contact you via these means. If you provide consent, any of the Approved Recipients named in the consent may send you SMS messages from their short codes or long codes. Message Frequency Varies, maximum 15 messages per month. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for help. The mobile carriers are not liable for delayed or undelivered messages.No Representations or Warranties.
The Insurance Products, Services, and Other Content on the Sites including information, documents, graphics, and images are provided by us and the providers of the goods or services and content (collectively, "Other Content Providers") and could include inaccuracies, typographical errors, or other errors. We make no commitment to update or correct any errors on the Sites.
You also understand and agree that the Site and the Services may, at times, be inaccessible or inoperable for any reason, including: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs, or administrative reviews which we may undertake from time-to-time; or (c) causes beyond our control or which are not foreseeable by us. We will not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS & CONDITIONS OR ON THE SITES, NEITHER WE NOR THE OTHER CONTENT PROVIDERS NOR ANY OF THE APPROVED RECIPIENTS MAKE ANY SPECIFIC PROMISES ABOUT THE SITES, THE AVAILABILITY OF INSURANCE PRODUCTS, A USER'S ABILITY TO GET INSURANCE, THE SERVICES. WE PROVIDE THE SITE, SERVICES AND OTHER CONTENT "AS IS" AND "AS AVAILABLE. 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.Changes.
The Site is intended for use by United States residents who are over 18 years of age. Some Insurance Products may be available only to users who are at least a certain age or within a specified age range. The Site, Services, Insurance Products, and Other Content are available for use only in the United States; accessing the Site from certain locations may be illegal and prohibited. You agree not to access the Site, Other Content or use the Services where prohibited by law. We do not represent that all content, materials and services on our Site are appropriate or available for use in geographic locations outside the United States and accessing the Site from certain locations may be illegal and prohibited. You agree not to access the Site or any content, materials and services on the Site where prohibited by law. We are not responsible for your compliance with local laws or other applicable laws.Equipment.
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for your use of the Site, including telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use the Site and/or the Services.Proprietary Rights.
The Site including the list of available Insurance Products, survey questions, Other Content and the Services are made available for your personal, non-commercial use only and you agree not to copy, duplicate, display, transmit, distribute, modify, reverse engineer, or prepare derivative works of all or any portion of the foregoing for any purpose. Portions of the Site are proprietary to us and/or the Other Content Providers or other third parties and are protected by intellectual property laws and treaties, including copyright, trademark, service mark, trade secret and/or patent laws and we reserve all our rights and the rights of the Other Content Providers and other third parties. Some of the services and content on the Site are provided by the Other Content Providers and other third parties and is proprietary to these parties.
The names of companies and products that we do not own and that are mentioned on the Site may be the trademarks of their respective owners. Any use of the protected services and/or content belonging to us or third parties without the express written permission of the owner thereof is strictly prohibited. You may not use the Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the search results and reformat and display them or mirror the Site home page or search results pages on your website.Site Links and Third-Party Sites.
The Site contains the ads for Third Party Offers that may link you to an Offer Provider's site and other links to third-party websites which are independent of the Site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in the product information and any other linked website. We do not endorse any product or linked website or products or services described therein and are not responsible for and disclaim all liability for these third-party websites. You should review the terms and conditions and privacy policies applicable to these third-party websites.
Furthermore, these links may lead to websites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these websites or for any damage sustained by users of these websites.Fraudulent Activity Policy.
We strictly prohibit user fraud and abuse relating to access to and use of the Site and the Services including trying get multiple recoveries for the same Settlement by using multiple email addresses or other means. In accessing the Site, or any other activities, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of these TERMS & CONDITIONS, and (c) you will not circumvent or attempt to circumvent any provision these TERMS & CONDITIONS or any security feature on the Site or engage in any activity that interrupts or attempts to interrupt the Site's operation. We may take action, including disabling a user's account, if we deem that a user is exhibiting unusual patterns of behavior and/or randomly and/or excessively clicking on a link or links after performing a search.Voice Recording and Monitoring Consent.
You agree that these TERMS & CONDITIONS constitute the agreement between you and us and shall be construed and governed in accordance with the laws of the State of New York, regardless of the conflicts of law provisions of the jurisdiction where you live or in any other jurisdiction.Arbitration/Dispute Resolution.
You agree to arbitrate any and all claims arising out of or related to the Agreement. If you have a dispute concerning any aspect of the Agreement, including without limitation, a telemarketing call or SMS/text message that you received from us or one of the Approved Recipients, you should first contact customer support on the Site or complete a customer support ticket. We will attempt to help you resolve the matter to your satisfaction within thirty (30) days of our receipt of a customer support ticket. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, if we can't otherwise satisfactorily resolve your dispute, or if you choose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/.
An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us—and the Approved Recipients who are third-party beneficiaries of the mandatory arbitration provision—arising out of or related to the Agreement. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your particular claim or dispute, and any claim that all or any part of the Agreement, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online. To obtain our mailing address, contact us by clicking here.
Either party may submit the dispute for resolution by arbitration at a location reasonably convenient to both parties. If either party files for arbitration, it will be conducted in accordance with the then current AAA Consumer Arbitration Rules. If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.Class Action Waiver.
The arbitration provision contained in these Terms & Conditions does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.Exceptions to Mandatory Arbitration.
There are two narrow exceptions to mandatory arbitration. First, you may opt-out of the Arbitration/Dispute Resolution provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Site. To obtain our mailing address, contact us by clicking here.
Second, you may choose to pursue your dispute or claim in Small Claims Court rather than by arbitration but only if your dispute or claim qualifies for Small Claims Court in a location where jurisdiction and venue over both you and Purpose Insurance is proper.
Other than these two exceptions, you must arbitrate any claims as provided above.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, THE APPROVED RECIPIENTS OR ANY SERVICE PROVIDER USED BY US TO PROVIDE THE SUBJECT SERVICE.LIMITATION OF LIABILITY.
WHEN PERMITTED BY LAW, WE, THE OTHER CONTENT PROVIDERS, APPROVED RECIPIENTS, AND OTHER THIRD PARTIES WILL NOT BE RESPONSIBLE FOR INJURIES OR ILLNESS DUE TO USE OF A GOODS OR SERVICES OFFERED OR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, THE OTHER CONTENT PROVIDERS, APPROVED RECIPIENTSAND OTHER THIRD PARTIES, FOR ANY CLAIMS UNDER THESE TERMS & CONDITIONS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE THE SITE, APPLY FOR COMPENSATION IN ANY SETTLEMENT, USE OF ANY OF THE OTHER CONTENT OR PURCHASE ANY GOODS OR SERVICES OFFERED ON THE SITE. IN ALL CASES, WE AND THE OTHER CONTENT PROVIDERS, APPROVED RECIPIENTS AND OTHER PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.Indemnification.
You agree to indemnify, hold harmless and defend us, our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) these TERMS & CONDITIONS and/or any breach or alleged or threatened breach by you; (b) your use of the Site or any search results or other content or materials or services transmitted or received by you; (c) any unacceptable or objectionable use of the Site by you; or (d) any negligent or willful misconduct by you.Integration and Conflicting Terms; Severability.
Any provision of these TERMS & CONDITIONS which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these TERMS & CONDITIONS in that jurisdiction without in any way invalidating the remaining provisions of these TERMS & CONDITIONS. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.Contact Us.
If you have any questions, comments, complaints, or suggestions regarding the TERMS & CONDITIONS or the Site, please contact us here.