The website located at www.goinsurewise.com (the “Site”) is a copyrighted work belonging to GoInsureWise LLC (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 9.1) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
To use our services, you must be at least 18 years old and legally capable of entering into a contract. By using our services, you represent and warrant that you meet these requirements.
2. Insurance Services:
GoInsureWise provides health insurance services, including insurance quotes, policy administration, claims processing, and customer support. We strive to provide accurate and up-to-date information, but we cannot guarantee the completeness or accuracy of the information provided. It is your responsibility to verify the details and suitability of insurance options before making any decisions.2.1 Products and Quotes: The Site may give you the opportunity to request to be connected with and receive quotes or offers from Service Providers (a “Connection Request”). Portions of the Site providing this opportunity (the “Connection Request Areas”) are only available to resident of the United States and may not be available in all states.
- We and our affiliates make no guarantee that you will be connected with a Service Provider if you submit a Connection Request.
- If you make a Connection Request, then you expressly authorize Service Providers to contact you by telephone, fax, email and text at the numbers and email addresses provided in your Connection Request, for purposes of providing you with the quotes, products and services indicated in your Connection Request. You consent to receive telephone calls from Service Providers, even if the phone number that you provided on your Connection Request is on any “Do Not Call” list. You also consent to us and the Service Providers making recorded calls to remind you of deadlines or other issues in connection with your Connection Request.
- Opt-Out Statement:
You have the right to opt out of receiving communication from GoInsureWise at any time. If you no longer wish to receive marketing materials, promotional offers, or any other non-essential communication from us, you can easily unsubscribe or opt out by following the instructions provided in our emails or by contacting us directly at [email protected]. Please allow a reasonable amount of time for your request to be processed. Please note that opting out of communication may not affect important service-related notifications or legal notices required by applicable laws and regulations.
- You are solely responsible for complying with applicable laws and regulations in connection with your use of any services offered by a Service Provider.
- When you receive quotes from Service Providers, including us, they should be construed only as an estimate. Your final approval and rate or disapproval will be determined by the insurance company during the underwriting process. We make no warranties or guarantees with respect to qualification.
- The information and description of insurance products contained on this website are not intended to be complete descriptions of all terms, conditions, limitations or exclusions, and are provided solely for general information purposes.
- Policies and products are not available in all states. Exclusions and misstatements and misrepresentation restrictions may apply.
2.2 Third-Party Links & Ads: The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
2.3 Other Users: Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
2.4 Release: You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
3. User Responsibilities:
When using our services, you agree to:
- Provide accurate and truthful information during the application process.
- Safeguard your account credentials and notify us immediately of any unauthorized access or use.
- Comply with all applicable laws, regulations, and these Terms.
- Use our services for lawful purposes and refrain from engaging in any fraudulent, illegal, or harmful activities.
4. Intellectual Property:
All intellectual property rights, including trademarks, logos, copyrights, and other proprietary rights, displayed on our website or in our services, belong to GoInsureWise or its licensors. You are prohibited from using, reproducing, modifying, or distributing any of these intellectual property rights without our prior written consent.
6. Limitations of Liability:
To the extent permitted by law, GoInsureWise and its affiliates, officers, directors, employees, agents, and partners shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of our services. We do not assume any responsibility for the accuracy, availability, or reliability of any information or content provided by third parties.
You agree to indemnify, defend, and hold harmless GoInsureWise and its affiliates, officers, directors, employees, agents, and partners from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or in connection with your use of our services, violation of these Terms, or infringement of any rights of third parties.
8. Modifications and Termination:
GoInsureWise reserves the right to modify, suspend, or terminate our services or these Terms at any time without prior notice. We may also restrict or terminate your access to our services if we believe that you have violated these Terms or applicable laws.
9. Governing Law, Jurisdiction and Dispute Resolution:
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where GoInsureWise operates. Any dispute arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
9.1 Dispute Resolution: Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 8751 S. Sandy Parkway, Sandy, UT 84070. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
- Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah, for such purpose
10. Entire Agreement:
These Terms constitute the entire agreement between you and GoInsureWise regarding the use of our services and supersede any prior agreements or understandings.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
If you have any questions or concerns about these Terms, please contact us at [email protected].
Last Updated: December 8th, 2023