Effective Date: March 29, 2022

The website located at myguidetomedicareinsurance.com (the “Website”) is operated by The Insurance Guide, LLC (“Insurance Guide,” “we,” “us,” or “our”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of these Terms of Use (this “Agreement” or “Terms”) and our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference.  If you do not agree to the Terms of Use or Privacy Policy, you may not access or use the Website.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.

Our Services

The Website may offer various applications, widgets, email notifications and other services (collectively, “Services”) that provide a venue through which you can obtain information and you can find third-party service providers, such as financial institutions, mortgage brokers, insurance brokers, insurance agents, and other insurance professionals (“Service Providers”). We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers.

The Services are broad in scope and do not consider your personal financial or health situation. Your personal financial or health situation is unique and the information on the Website may not be appropriate for your situation. Accordingly, before making any decisions, we recommend that you obtain additional information and advice of your accountant and other financial advisors who are aware of your individual circumstances.  

Requests for Quotes or Offers

Our Services may give you the opportunity to request to be matched with and/or receive quotes or offers from Service Providers by providing your name and contact information, such as your email address and telephone number (a “Match Request”). If you make a Match Request or otherwise provide your telephone number or email address on the Website, you expressly authorize Service Providers and The Insurance Guide and their agents and partner companies to contact you by telephone, fax, and email at the telephone numbers and email addresses provided, for purposes of providing you with the quotes, products and services indicated in your Match Request, and for marketing purposes. You agree that such communications may be sent to your mobile phone via automated telephone dialing system, prerecorded calls, text messages, SMS, MMS, and picture messages, even if the phone number is on a corporate, state or national Do Not Call list. Further, you agree to receive marketing emails even if you previously opted out of receiving marketing emails from The Insurance Guide or specific Service Providers. You also consent to Service Providers and The Insurance Guide making automated or prerecorded calls or sending text messages to your mobile telephone number using automated technology concerning your Match Request, including but not limited to reminding you about deadlines or confirming your contact information. Your consent is not required to make a purchase. Without limiting anything in the Privacy Policy, you authorize Service Providers, and their affiliates and third-party service providers, to conduct all necessary research with your information, for purposes of providing you with your Match Request.

Service Providers

It is your sole responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. You are solely responsible for your financial decisions, and we urge you to obtain the advice of financial advisors, insurance agents, brokers and other qualified professionals who are fully aware of your individual circumstances before you make any financial or insurance decisions. You acknowledge and agree that you rely on your own judgement and that of such advisors in selecting any products or services offered by Service Providers. Further, you acknowledge and agree that we are not a Service Provider, financial institution, or insurance provider. Our Services are limited to helping connect you with Service Providers. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue insurance coverage or any other financial products. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available. In addition, we do not guarantee that you will be matched with a Service Provider. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SERVICE PROVIDERS, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SERVICE PROVIDERS. YOU RELEASE US OF ANY AND ALL LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM, OR RELATED TO YOUR USE OF A SERVICE PROVIDER’S PRODUCTS OR SERVICES.

IMPORTANT NOTICE REGARDING CONSUMER REPORT PRACTICES.  BY SUBMITTING A MATCH REQUEST, YOU AUTHORIZE AND AGREE THAT SERVICE PROVIDERS MAY OBTAIN ADDITIONAL BACKGROUND INFORMATION ABOUT YOU TO PROVIDE YOU WITH YOUR REQUEST. FOR EXAMPLE, CONSUMER AND CREDIT REPORTS AND DRIVING RECORDS MAY BE ORDERED IN CONNECTION WITH YOUR QUOTE REQUEST. THESE REPORTS MAY PROVIDE ADDITIONAL INFORMATION THAT MAY ASSIST SERVICE PROVIDERS IN DETERMINING YOUR ELIGIBILITY FOR THEIR PRODUCTS OR SERVICES, AND RATES THAT YOU MAY BE CHARGED. CONSUMER REPORTS MAY ALSO BE USED FOR UPDATES, RENEWALS, OR EXTENSIONS OF ANY INSURANCE YOU MAY OBTAIN. A SERVICE PROVIDER MAY ALSO OBTAIN AND USE A CREDIT-BASED INSURANCE SCORE CONTAINED IN YOUR CREDIT REPORT. THIS INFORMATION MAY BE COMBINED BY A SERVICE PROVIDER WITH INFORMATION YOU SUBMIT TO US, AND BY SUBMITTING A MATCH REQUEST, YOU ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR WRITTEN PERMISSION TO OUR SERVICE PROVIDERS TO OBTAIN YOUR CREDIT REPORT.

Your Access and Use of the Services

By downloading, accessing or using the Website or our Services, you represent that you are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater, that you are a resident of The United States of America, and that you agree to these Terms. The Website, our Services, and their respective content, including the information available on them, are intended for personal, non-commercial use only and only by U.S. residents. You agree to abide by all applicable federal, state, and local laws and regulations with respect to your use of the Website and Services, and you shall provide only true, accurate, current, and complete information (and updates thereto) when submitting information through the Website or Services. You shall only use the Website or Services as permitted by this Agreement, and you shall not disrupt or intercept electronic information posted on this Website or made available via our Services or use the Website or Services for any commercial, illegal, or inappropriate purpose. We reserve the right, in our sole discretion, to change, modify, or eliminate, and restrict or block access to, all or any part of the Website or Services, without notice, at any time, for any and no reason.

The information, data, software and content viewable on, contained in, or downloadable from the Website, including, without limitation, all software, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, and their selection, coordination, arrangement, presentation, display and enhancement (collectively, the “Content”) are copyrighted by, or otherwise licensed to us or our suppliers or are used by us in compliance with applicable laws. All Content is our property or the property of third parties and is protected by United States and international copyright laws. You shall not copy, distribute, redistribute, transmit, publish or use Content, other than non-commercial personal use of the Content without our prior written permission. You shall not collect or harvest any personally identifiable information, including account names, from our Website or Services. You shall not use any communication systems provided on our Website or Services for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Website or Services without our prior written permission.

Subject to your agreement to these Terms, we grant you a limited license to access, print, download or otherwise make personal use of the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use. You may not modify the Content or use it for any commercial purpose or any other public display, performance, sale, or rent, decompile, reverse engineer, or disassemble the Content, or transfer the Content to another person or entity. Any action by you that, in our sole discretion: (i) violates these Terms or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Website or Services; or (iii) through the use of our Website or Services, defames, abuses, harasses, offends or threatens, is prohibited and may result in your loss of the right to access and use our Website and Services. You shall not modify, scrape, embed, frame, spider, deep link or use other similar automated data gathering or extraction tools, programs, algorithms or methodology, meta tags or any other “hidden text” to access, acquire, copy or monitor our Website or Services or any portion of our Website or Services or for any other purpose, without our prior written permission.

Our Intellectual Property Rights

Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claims to any third-party names, trademarks or services marks appearing on our Website or Services. Any third-party names, trademarks, and service marks are property of their respective owners. You are solely responsible for any damages resulting from your infringement of our or a third-party’s intellectual property rights regarding the Proprietary Marks or other protected intellectual property and any other harm incurred by us or our affiliates as a direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Account

You Must Maintain the Integrity of Your Information. To use certain features of our Website or Services, you may be required to provide us with information about you, which may include personal identifying information, insurance, vehicle and home information, medical and health history information, and financial information. If you provide your information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep your information current and to update your information if any of it changes. Our collection, use and disclosure of your information is governed by this Agreement and our Privacy Policy, which is incorporated herein by reference.

Electronic Communications

When you visit or submit information on the Website, via the Services, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by postal mail, we may also choose to communicate with you by email or by posting notices on the Website or Services. In addition, you acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT”, “GET QUOTES”, ANY LINK THROUGH WHICH YOU SUBMIT CONTACT INFORMATION, or such similar links as may be designated by The Insurance Guide to accept these terms and conditions of this Agreement, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY THE INSURANCE GUIDE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

Third Party Links and Services

The Website and Services may include links or access to third-party websites, such as links from advertisers, sponsors, content partners, business partners, affiliates, Service Providers and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We do not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on or through the Website or Services are the best terms or lowest rates available or that the Service Provider or third party will honor any terms or rates offered.

Copyright Infringement

If you believe that any materials made accessible by The Insurance Guide have been used or copied in a way that infringes your copyright or other intellectual property rights, you may request that The Insurance Guide remove those materials by providing us with the following information:

1.     An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.     A description of the copyrighted work or other intellectual property that you claim has been infringed;

3.     A description of where the material that you claim is infringing is located on the website (including the specific URL of each item in dispute, which should help us to locate the relevant content);

4.     Your address, telephone number, and email address;

5.     A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.     A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Designated Agent

Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email at: customerservice@myguidetoinsurance.com or standard mail at The Insurance Guide, LLC, 430 Bath Road, Suite 101, Brunswick, Maine 04011, Attention: Legal Department.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

THIS WEBSITE, THE CONTENT AND ALL SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT AS PROVIDED IN THIS AGREEMENT.  WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE WEBSITE, CONTENT OR THE SERVICES.  WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WEBSITE OR SERVICES ARE FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED BY SERVICE PROVIDERS, AND ANY IMPLIED WARRANTY IS DISCLAIMED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTEMT PERMITTED BY LAW, WE SHALL NOT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT FOR YOUR USE; (V) THE ACTIONS OR INACTION OF SERVICE PROVIDERS; OR (VI) YOUR RELATIONSHIP WITH US. IF YOUR JURISDICTION DOES NOT PERMIT THE FOREGOING LIMITATION OF LIABILITY, YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Your access and use of our Website and Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Website or Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Website or Services and any portion or feature of our Website Services at any time in our sole discretion and without prior notice.

Indemnification

You will defend, indemnify, and hold us and our affiliates, vendors, service providers, officers, directors, owners, employees, contractors, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Losses”) arising out of or related to (i) any breach or alleged breach of this Agreement by you; (ii) your violation of any applicable law or regulation; or (iii) your negligence or willful misconduct.

Dispute Resolution by Binding Arbitration and Class Action Waiver

Any dispute relating in any way to your visit to, or use of the Website, the Services, any other products or services offered through the Website or Services, any telephone calls, emails, or text messages that you receive from Service Providers, your relationship with us, or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Maine, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator. For the avoidance of doubt, all claims arising under the Telephone Consumer Protection Act and state telemarketing and email marketing laws shall be considered “Disputes” that are subject to resolution by binding individual, confidential arbitration.

If a Dispute arises under this Agreement, you agree to first contact us at: customerservice@myguidetoinsurance.com. Before formally submitting a Dispute to arbitration, you and we will work in good faith to informally resolve the Dispute for at least thirty (30) days. If any Dispute cannot be resolved informally during the allotted time, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party.  The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration (the “Rules”). The AAA’s Rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. If the amount in controversy is less than fifteen thousand dollars ($15,000) the arbitration will occur on the basis of written submissions without opportunity for a hearing. If the amount in controversy is equal to or greater than fifteen thousand dollars ($15,000) the arbitration will occur in-person in Cumberland County, Maine or, with the consent of all parties, via video or teleconference. Each party will bear its own attorneys’ fees and costs. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Without limiting the foregoing, YOU EXPRESSLY AGREE TO SUBMIT TO ARBITRATION ALL DISPUTES RELATING TO ANY TEXT MESSAGES OR TELEPHONE CALLS YOU RECEIVE FROM OR ON BEHALF OF US OR ANY ENTITY WITH WHOM WE MAY SHARE YOUR TELEPHONE NUMBER (INCLUDING SERVICE PROVIDERS).  Further, we both agree that all entities with whom we share your telephone numbers, including Service Providers, shall be third party beneficiaries of this Dispute Resolution by Binding Arbitration and Class Action Waiver, and that those entities have the same rights as The Insurance Guide to enforce this arbitration provision.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Maine: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our or our affiliate’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award shall be binding without an option to appeal and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement or otherwise, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. For clarity, no Disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the Disputes of other persons or parties who may be similarly situated. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY DISPUTES DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. 

Force Majeure

We will be excused from failures or delays in delivery or performance of the Website and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.

Feedback

We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same. This Agreement does  not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in this Agreement will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at: customercare@myguidetoinsurance.com