ADVERTISEMENT DISCLOSURE & TERMS OF USE

 
THIS TERMS OF USE AGREEMENT (“Agreement”) is by and between the user (“You”) and ComparePetInsurance.com, its owners, affiliates, subsidiaries, and other related entities (collectively known as “CPI”) and contains herein relevant provisions (“Terms”) that govern this Agreement and the information, and all actions and/or results related to the information, provided by CPI through its website and/or other marketing materials (“Services”).

This Agreement contains a mandatory arbitration provision and a restriction on joinder of claims. By agreeing to these provisions, You are waiving Your right to a jury trial or participate in a class action. See the sections entitled “BINDING ARBITRATION” and “RESTRICTION ON JOINDER OF CLAIMS” below for details.

You, as well as Your heirs and any and all assigns, hereby acknowledge and agree that Your use of the Services is conditioned upon Your full acceptance of all the Terms set forth below and Your continued use of the Services constitutes Your agreement to be bound by such Terms.  If You do not agree to all the Terms, You shall have no right to access or use the Services and shall cease any and all use of the Services.

From time to time, the Terms may be changed, modified or added to this Agreement.  Please check this Agreement periodically for any updates. All modifications and/or additions to the Terms shall be incorporated into this Agreement and effective at such time of incorporation. If You do not agree with the new or modified Terms, You shall cease any and all use of the Services. Your continued use of the Services after any modification of any Terms, shall constitute Your binding acceptance of all Terms.  Further, the Privacy Policy posted by CPI shall be incorporated herein this Agreement. Additionally, CPI reserves the right to discontinue the Services at any time without any notice.

USE OF SERVICES

As the name suggests, CPI provides You information to compare pet insurance policies offered by third-party “Providers,” including “Quotes” for insuring Your pet from such Providers based on the information provided by You about Your pet.

In the event You provide Your personal and/or business contact information through the use of the Services, You expressly consent to CPI’s use and disclosure of Your personal and/or business contact information in accordance with our Privacy Policy, and You hereby agree to be contacted, by CPI and/or any Provider, via telephone, email, mail, or any other method of communication.  As well, You expressly agree that any contact by telephone, email, mail, or any other method of communication are being made pursuant to Your request for such communications. Further, by Your use of the Services, You expressly consent to receive communications in the form of any type of telephone calls including, without limitation, any wireless telephone number, which may result in charges to You, regardless of Your contact information being part of any federal or state Do Not Call Registry, and You fully understand these contacts are necessary for CPI’s ability to provide the Services.

Any type of partnership, relationship or agreement, of any kind, entered into between You and any third-party (including any Provider) as a result of a Quote or other utilization of the Services, is strictly between You and said third-party and/or Provider and You expressly assume any and all liability related to such partnership, relationship or agreement without any recourse whatsoever against CPI, its officers, partners, employees, agents, affiliates, and/or consultants.

CPI does not sell any insurance or bind coverage on its Website. The information CPI provides through the Services, including Quotes, is not intended to take the place of professional advice.  CPI does not evaluate any Provider or its insurance options, including whether or not they are accepted by Your pet’s veterinarian.

CPI does not guarantee that any of the Providers to whom it forwards Your request for a quote will contact You or agree to provide You with the desired coverage. If You would like personal advice or specific policy recommendations, please consult with an insurance agent, broker, or other qualified professional. You and/or Your pet may not be eligible for all products and services, and the issuing insurance company may determine eligibility in accordance with its underwriting guidelines and as permitted by applicable law. Policies may not be available in all states.

The Services are controlled and offered by CPI from the United States. CPI makes no representations of any kind that the Services are suitable for use in any other location(s) outside the United States.  Any person, entity and/or company that uses the Services outside the United States, does so at their own risk and is fully responsible for compliance with any such corresponding local law(s).

The Services are intended for educational purposes only and should not operate as a substitute for professional legal or financial advice.

CPI values Your opinion. If You have any concerns or issues, of any kind, related to Your use of the Services, please contact CPI using the form on our contact page.

ADVERTISING DISCLOSURE

CPI is compensated by Providers for promoting their pet insurance products and policies. The amount of compensation received from CPI from a particular Provider may impact the location and order in which said Provider appears in the Services and all such locations, order and ratings are subject to change. The Services do not include or promote all pet insurance providers available to consumers in the marketplace.  Further, while CPI strives to provide the most up-to-date and accurate information about each Provider it reviews, there may be incorrect or inaccurate information and no warranty is expressed or given to the users of the Services.

PURPOSE OF USE

You expressly agree that Your use of the Services is for the purposes provided herein and not for any other purpose that includes, but is not limited to, advertising, competitive intelligence and any attempt to sell any information related to the Services to any person, third-party and/or Provider that utilizes the Services. You further agree, without any limitation of any kind, that CPI has the unfettered right to review and deny any such request You may have related to the use of the Services.  As well, if CPI determines in its sole authority that You are misusing or attempting to misuse the Services, for any reason whatsoever, You expressly agree that CPI may immediately terminate Your access to the Services and/or proceed with legal action against You, in order to seek any and all remedies available through law or equity.  Additionally, You expressly agree and stipulate that: i) any use of the Services shall be lawful, for Your own benefit or for the benefit of a third-party in Your capacity as an authorized representative of said third-party; ii) You are 18 years of age or older, and; iii) any and all information You provide through the Services is, to the best of Your knowledge, truthful and accurate. Your failure to follow the requirements of this Section and/or any of the Terms, shall give CPI the sole and unconditional right to terminate Your access to the Services and any unauthorized use of the Services is strictly prohibited and violators shall be prosecuted to the maximum extent permissible by law.

PROPRIETARY RIGHTS

The Services are owned and operated by CPI and contain information originating in whole or in part from material supplied by CPI and/or its partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws. As well, the Services may be protected as a collective work or compilation under U.S. copyright and other law and treaties. By Your use of the Services, You expressly agree to and acknowledge the following: i) conformity with any and all applicable copyright and other laws, as well as any additional copyright notices and/or restrictions contained in the Services; ii) protection of the proprietary rights of CPI during and after the use of the Services; iii) protection of the proprietary rights of any third-party and/or Provider that utilizes the Services; iv) the Services are controlled by CPI and have been developed by CPI through the outlay of a substantial amount of time and money and as such, the Services are considered of high intellectual property value to CPI; v) as or if You become aware of any unauthorized access or use of the Services by any person or entity, You shall immediately notify CPI immediately of such unauthorized access or use; vi)  CPI’s trademarks, trade names, service marks, copyrights, logos, and any and all other intellectual property related to CPI and/or the Services now and/or in the future, shall at all times, to the fullest extent allowed by law or equity, belong to CPI and You shall have no ownership rights of any kind, whatsoever, to said trademarks, trade names, service marks, copyrights, logos, and/or all other intellectual property regardless of Your use of the Services; vii) at no times shall You generate the impression that use of CPI’s trademarks, trade names, service marks, copyrights, logos, and/or all other intellectual property, establishes any ownership or control by You of the Services, and; viii) any modification, reproduction, display, distribution, sale, or use of the Services in any way for any purpose without the express written consent of CPI is strictly prohibited.

TERM AND TERMINATION

The Terms and Services are effective until terminated by CPI in its sole discretion. Further, CPI shall have the unfettered right to terminate Your access to the Services or any part thereof, at any time with or without cause, and CPI shall incur no liability of any kind to You or any other third-party for any termination of the Terms or Services.

WARRANTY DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CPI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CPI DOES NOT GUARANTEE THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES OR VIRUS ATTACKS. THE SERVICES MAY BE UNAVAILABLE FOR MAINTENANCE, UPGRADING OR ANY OTHER REASONS. YOU AGREE CPI WILL NOT INCUR ANY LIABILITY WHATSOEVER TO YOU OR ANY THIRD-PARTY THAT MAY RESULT FROM ANY PROBLEMS RELATED TO THE SERVICES. FURTHER, CPI DOES NOT WARRANT OR GUARANTEE ANY CONTENT, PRODUCT OR SERVICE THAT IS ADVERTISED BY ANY THIRD-PARTY AND/OR PROVIDER THROUGH THE SERVICES AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY SUCH CONTENT. YOU FURTHER ACKNOWLEDGE YOUR RELIANCE ON OR USE OF THE SERVICES OR ANY OF ITS CONTENT, OR YOUR INTERACTION WITH ANY THIRD-PARTY AND/OR PROVIDER FEATURED IN THE SERVICES, IS AT YOUR SOLE RISK AND YOU SHALL NOT CLAIM ANY CAUSE OF ACTION IN LAW OR EQUITY RELATED TO SUCH INTERACTION. ADDITIONALLY, YOU AGREE CPI SHALL NOT BE LIABLE FOR ANY DISPUTES YOU MAY HAVE WITH ANY THIRD-PARTY AND/OR PROVIDER WHO UTILIZES THE SERVICES AND YOU AGREE CPI SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, SUSPECTED OR UNSUSPSECTED, KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. AS WELL, CPI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, AS TO THE SECURITY OF ANY AND ALL INFORMATION YOU PROVIDE, OR ANY AND ALL ACTIVITIES YOU PERFORM, DURING YOUR USE OF THE SERVICES.

PRIVACY

You agree that CPI may use any of Your personal information that is collected or obtained in connection with the Services in accordance with our privacy policy, which is accessible at our Privacy Policy. The Privacy Policy is part of, and incorporated into, this Agreement by reference.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless CPI and its officers, partners, employees, agents, affiliates, and consultants, harmless from any and all liabilities, losses, claims, damages, costs, and expenses (including reasonable attorneys’ fees) whenever arising or incurred, that are caused or are alleged to have been caused, directly or indirectly, by or as a result of: i) Your use of, or inability to use, the Services; ii) Your interaction with any other user of the Services; iii) any type of partnership, relationship or agreement, of any kind, entered into between You and any third-party and/or Provider found through the Services, or; iv) Your violation of the Terms.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL CPI BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS WHATSOEVER, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF CPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CPI FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF ONE THOUSAND US DOLLARS ($1,000.00).

ASSIGNMENT

You shall have no right to assign these Terms or any rights or obligations contained in this Agreement. However, CPI may assign this Agreement, or any portion thereof, at its sole discretion without any restriction of any kind.

BINDING ARBITRATION

ANY DISPUTE OR CLAIM BETWEEN YOU AND CPI (COLLECTIVELY HEREIN KNOWN AS THE “PARTIES”) ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.org) under the Streamlined Rules. All remedies available to You and CPI under applicable federal, state or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless waived by You, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to Your city of residence. The only fee you are required to pay is $250, and all other arbitration costs shall be borne by CPI.  Regardless of the outcome of the arbitration, you and CPI will each pay our own attorneys’ fees and costs, unless there is a statutory basis for recovery of attorneys’ fees by a party.  The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.

You acknowledge that without this provision, you would have the right to sue in court with a jury trial.  

RESTRICTION ON JOINDER OF CLAIMS

YOU FURTHER AGREE THAT YOU WILL NOT BECOME A MEMBER OF ANY CLASS-WIDE ARBITRATION AND WILL NOT INITIATE ANY CLASS ACTION ARBITRATION AGAINST CPI AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

GOVERNING LAW

This Agreement shall be construed and enforced in accordance with the laws of Delaware without regard to any other jurisdiction’s principles of conflict of laws.

CONSTRUCTION AND INTERPRETATION

The legal or equitable principles that might require the construction of this Agreement, or any provision of this Agreement, against CPI for drafting this Agreement, shall not apply in any construction or interpretation of this Agreement.

HEADINGS

The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

SEVERABILITY

If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect.

WAIVER

No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by CPI only.  Any consent by CPI to waive a breach by You, whether express or implied, shall not constitute a consent to, waiver of or excuse for any different or subsequent breach.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between You and CPI with respect to the subject matter herein, and supersedes and replaces all prior agreements, communications and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any other writing.

FORCE MAJEURE

CPI shall not be held responsible for any delay or failure in performance of this Agreement caused by fire, hurricane, tornado, earthquake, tidal wave, meteor strikes, civil war, Internet brown-outs or black-outs, computer hacking, or acts of terrorism (“Force Majeure”).