1. ELIGIBILITY. The Service is intended for individuals who are at least eighteen (18) years old. If you are not at least eighteen (18) years old, please do not access, visit or use the Service.
3. REGISTRATION. As a condition of using certain features of the Service, you will be required to register through the Service and select a password and user I.D. You may not: (a) select or use as a user I.D. a name of another person with the intent to impersonate that person; (b) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You shall be responsible for maintaining the confidentiality of your user I.D. and password. If you become aware of any unauthorized use of your password or of your account, you should notify us immediately at Info@EffectiveCoverage.com.
4. PROHIBITED ACTIVITIES. You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following:
• Criminal or tortious activity, including fraud, spamming, copyright infringement, patent infringement, or theft of trade secrets.
• Using any information obtained from the Service in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent.
• Engaging in any automated use of the Service, such as using scripts to send comments or messages.
• Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service.
• Attempting to impersonate another user or person.
• Using the user I.D. or account of another user.
• Accepting payment of anything of value from a third person in exchange for your performance of any commercial activity on or through the Service on behalf of that person.
• Using the Service in a manner inconsistent with any and all applicable laws and regulations.
8. FEES AND CHARGES. If you elect to purchase products and services through the Service, the price of these products and services will be provided to you prior to purchase. By submitting payment through the Service, you authorize us to charge the applicable fees and any applicable taxes to the account you provide for payment. Except as expressly set forth herein or as required pursuant to applicable law, you will not be entitled to a refund of any fees.
9. SUBMISSION OF QUESTIONS AND FEEDBACK. If you submit opinions, suggestions, feedback and/or proposals to us through the Service, or through any other communication with us, you acknowledge and agree that: (a) the submissions you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the submissions you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the submissions you provide for any purpose, in any way, in any media worldwide; (d) the submissions you provide will automatically become the property of Effective Coverage without any obligation of Effective Coverage to you; and (e) you are not entitled to any compensation or reimbursement of any kind from Effective Coverage in connection with your submissions under any circumstances.
11. DISCLAIMER OF WARRANTIES. THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EFFECTIVE COVERAGE, ITS AFFILIATES NOR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SERVICE AND EFFECTIVE COVERAGE EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH ANY INFORMATION, MATERIALS, OR SERVICES PROVIDED THROUGH THE SERVICE.
Effective Coverage is not an insurance provider. Effective Coverage does not make any representations or warranties regarding the quotes, terms, rates, coverage or services offered to you by insurance companies through the Service. Effective Coverage does not guarantee that the quotes, fees, terms, rates coverage or services offered by insurance companies through the Service are the best available.
The information provided through the Service is only a general description of insurance coverage that might be available for you to purchase. The precise coverage provided to you by any insurance company is subject to the terms, conditions, exclusions and company underwriting guidelines of the insurance policy issued to you by the applicable insurance company. The insurance policy you purchase, and not the general information made available through the Service, forms the contract between you and the insurance company. If you have any questions, please contact us by email at Info@EffectiveCoverage.com or by phone at (800) 8924308 to obtain advice from one of our licensed professionals before making any coverage decision.
12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFFECTIVE COVERAGE, ITS AFFILIATES OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF EFFECTIVE COVERAGE OR ITS AFFILIATES, OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EFFECTIVE COVERAGE’S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED USD $100.
13. VOID WHERE PROHIBITED. The Service is intended for users located in the those states in the United States in which Effective Coverage or any of its affiliates are licensed insurance agents or brokers. The Service is not intended as a solicitation for insurance in any state where Effective Coverage or any of its affiliates are not licensed. Although the Service may be accessible in other geographic locations, the features, products or services discussed, referenced, provided or offered as part of the Service are only available to users in the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. Any offer for any feature, product or service made available through the Service is void where prohibited by law.
14. UNAUTHORIZED TRANSACTIONS. In the event that you use a credit card to pay for any products or services offered through the Service, you are representing to Effective Coverage that you are authorized to use that credit card. Any violation of this requirement will be reported to the appropriate authorities.
15. INDEMNIFICATION. You agree to defend, indemnify and hold Effective Coverage harmless from and against any and all claims, damages, and costs, including attorneys’ fees, arising from or related to your use of the Service.
17. ARBITRATION AGREEMENT AND WAIVER OF CLASS REMEDIES.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
b. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
c. Exception – Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
d. Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Section by sending written notice of your decision to opt-out to: info@Effective Coverage.com. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
22. NON-WAIVER. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
23. FORCE MAJEURE. Effective Coverage shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Effective Coverage’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation.