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IM.com Terms of Use

Thank you for visiting www.insuremonkey.com (the "Website"), which is owned and provided by JASK Holding Company, LLC and US Health Broker.com, Inc., (including its affiliates) ("InsureMonkey," "us," or "our"). Your use and access of the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy (www.insuremonkey.com/privacy/), please do not use the Website or any services offered by the Website. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.

Member Accounts- In order to use certain features of the Website you will have to create an account ("Member Account"). Please refer to our Privacy Policy for information on how we collect, use, store and protect any information you provide when creating your Member Account. You may never use another person's Member Account without permission. You are solely responsible for the activity that occurs on your Member Account, and you must keep your password secure. You must notify us immediately of any breach of security or unauthorized use of your Member Account. Although we will not be liable for any losses caused by any unauthorized use of your Member Account, you may be liable for our losses or the losses of others due to such unauthorized use.

Existing Insurance Policies- IMPORTANT- THIS WEBSITE ONLY PROVIDES A PORTAL THROUGH WHICH YOU CAN RESEARCH AND SHOP FOR A RANGE OF INSURANCE PRODUCTS. IN THE EVENT YOU ELECT TO PURCHASE AN INSURANCE PRODUCT THAT YOU FIND ON THIS WEBSITE, YOU SHOULD NEVER CANCEL YOUR EXISTING POLICIES UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM YOUR NEW INSURANCE CARRIER THAT YOUR NEW POLICY IS IN EFFECT. INSUREMONKEY CAN NOT AND WILL NOT BE HELD LIABLE FOR ANY DAMAGES THAT RESULT FROM YOUR FAILURE TO KEEP EXISTING POLICIES IN EFFECT.

Protecting Your Children's Privacy- The Website is not designed for or directed to children under the age of 13 and we ask that children under the age of 13 not submit any personally identifiable information. InsureMonkey does not sell or refer insurance products to minors, rather we help adults locate such insurance products and those adults may purchase insurance products on behalf of a minor. Please read the applicable portion of our Privacy Policy regarding the collection and storage of personally identifiable information of minors.

Intellectual Property Ownership- Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the "Content") are owned by InsureMonkey and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual roperty and proprietary rights laws. As between InsureMonkey and you, all right, title and interest in and to the Content will at all times remain with InsureMonkey and/or its Owners. The word "InsureMonkey," the "InsureMonkey" logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of InsureMonkey. With respect to any logos or marks of any persons, entities and/or companies commented upon or submitted by users of the Website, such use is the sole responsibility of, and is stored upon our servers or system solely at the direction of, such users, and subject to the protections afforded to InsureMonkey as an interactive service provider under Section 512(c) of the Digital Millennium Copyright act of 1998 ("DMCA"). Please see the Digital Millennium Copyright Act section below for more details on our policies and procedures regarding any issues in relation thereto.

Limited Use; Restrictions on Use- The use or misuse of any Content, except as provided in this Terms of Use, is strictly prohibited. YOU ARE NOT PERMITTED TO USE THE WEBSITE, OR ANY CONTENT THEREOF, FOR ANY COMMERCIAL OR NON-PERSONAL PURPOSES. InsureMonkey grants to you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: (a) you shall not, without our express written consent, distribute text or graphics to others, (b) you shall not, without our express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) you shall not use any tradename, trademark, or brand name of InsureMonkey in metatags, keywords and/or hidden text, (d) you shall not, without InsureMonkey's express written consent, copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) you shall not create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, (f) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to InsureMonkey, the Owner, or any third party referenced therein, and (g) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Content viewed or accessed, and InsureMonkey's posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under InsureMonkey's and/or its Owner's intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, InsureMonkey may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time, in its sole discretion, without prior notice.

Submissions- The Website may permit you to upload and store certain opinions, reviews, content, and/or other online materials ("User Submissions") to our systems, networks, and servers and to publish, display, distribute, reproduce and/or perform such User Submissions, or any derivative work thereof, via the Website. In consideration of InsureMonkey providing you with access to our systems, networks, and/or servers, you agree, represent and warrant that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant to InsureMonkey all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage InsureMonkey or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; post any personally identifiable information of any person, including yourself; and (e) impersonate another person (each a form of "Prohibited Content").

Community Guidelines- In addition, the Website may also include bulletin boards, blogs, chat rooms, comments sections, and other community forums ("Community Forums") which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time. In connection with such services, you agree to abide by any rules that InsureMonkey publishes in connection therewith, including but not limited to, the prohibition on use of the Website for any unlawful purpose. Without limiting the generality of the foregoing, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Community Forums any of the following ("Prohibited Submissions"):

Responsibility for Review- If you direct InsureMonkey to store a User Submission and/or a Posting on our networks, systems or servers and/or otherwise make a User Submission and/or a Posting available via the Website, you shall, and hereby do, agree and acknowledge that (a) except as set forth herein, InsureMonkey does not edit, review, select, censor or otherwise control the publication of any User Submission, (b) all User Submission and/or Postings are published by you and reside on InsureMonkey's systems, networks, or servers at your sole direction, (c) you shall be solely responsible for any User Submissions and/or Postings uploaded, stored, published, or otherwise copied, distributed or displayed by InsureMonkey at your direction, and (d) InsureMonkey does not guarantee any confidentiality with respect to any User Submissions and/or Postings that you choose to upload and store on our networks, systems or servers and publish or otherwise copy, distribute, perform or otherwise display using the Website. Further, although InsureMonkey reserves the right to review any User Submission and/or Posting at any time, you acknowledge that InsureMonkey is under no obligation to do so. Notwithstanding the foregoing, and in compliance with Section 512(c) of the Digital Millennium Copyright Act ("DMCA") and Section 230 of the Communications Decency Act, InsureMonkey reserves the right, in its sole discretion, to refuse, remove or delete any User Submission and/or Posting at any time and for any reason.

Grant of License- In submitting a User Submission and/or Posting to InsureMonkey, you hereby grant to InsureMonkey, and InsureMonkey's successors and assigns, a worldwide, exclusive, royalty-free, sublicenseable, perpetual and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions and/or Postings in connection with the purpose, functionality, and operation of the Website in the ordinary course of business, including the promotion, marketing or redistribution of part or all of the Website (and derivative works thereof) in any media formats and through any media channels for any purpose whatsoever. For the avoidance of doubt, you hereby acknowledge that InsureMonkey may use, display, distribute, reproduce, or perform any User Submission and/or Posting and that such use, display, distribution, reproduction, or performance may be commercial in nature and, as a result, cause your User Submission and/or Posting to be associated with a particular advertiser. Accordingly, you hereby waive any objection to, such use, distribution, reproduction, display or performance of your User Submission and/or Posting, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called "Moral Right," "Droit Moral" or similar right or interest. For the further avoidance of doubt, subject to the foregoing licenses granted herein, as between us and you, you retain all ownership rights in your User Submission and/or Posting, provided, however, that any licenses granted hereunder shall be perpetual and nothing shall restrict or prevent our continued use, reproduction, performance, display or distribution of a User Submission and/or Posting, or any derivative work thereof, once such license has been granted by you.

Links- The Website may contain links allowing you to leave the Website for other sites that are not under our control ("Linked Site"). InsureMonkey provides the linked sites to you only as a convenience and does not endorse any Linked Sites. InsureMonkey is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. InsureMonkey is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. InsureMonkey encourages you to carefully read the policies of each site you visit.

State Licenses- Certain states require that all insurance transactions be conducted through a licensed agent. Accordingly, for each such State, this Website is brought to you by the respective licensed agents/brokers set forth below:

US Health Broker.com, Inc.
Alex J. Rivlin
Kurt M. Jarcik

Online Privacy Policy- InsureMonkey takes your privacy very seriously. Our Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing our using the Website.

Digital Millennium Copyright Act- InsureMonkey is committed to respecting and protecting the legal rights of copyright owners. As such, InsureMonkey adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (a) be provided to IM's designated agent, ("Copyright Agent"), as set forth below, and (b) include the following:

No Archive- Notwithstanding anything contained herein, the functionality provided to you by the Website and our systems, networks and servers are not an archive and InsureMonkey shall have no liability to you or any other person for loss, damage, or destruction of any Posting or any other information submitted to or via the Website. You shall be solely responsible for maintaining independent archival and backup copies of any User Submission and/or Posting.

United States Only- By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and our Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Nevada with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Nevada, and (c) the exclusive jurisdiction of the courts of the United States and the State of Nevada. Any claim or dispute between you and InsureMonkey that arises in whole or in part from your use of the Website or in connection with this Terms of Use or our Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Las Vegas, Nevada, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Disclaimers- Without limiting the foregoing, the Content and all other features on the Website are provided to you "AS IS" and "AS AVAILABLE" without warranty of any kind with respect to the Website and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then INSUREMONKEY hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from INSUREMONKEY, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, INSUREMONKEY does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable. INSUREMONKEY reserves the right to change any part of the Website at any time without notice. FURTHER, INSUREMONKEY DOES NOT ENDORSE, APPROVE OR PROMOTE ANY PRODUCT OR SERVICE DISPLAYED ON THE WEBSITE, WHETHER BY YOU, A THIRD PARTY ADVERTISER OR ANY USER OF the WEBSITE. THE INFORMATION PROVIDED ON the WEBSITE IS FOR CONVENIENCE ONLY AND INSUREMONKEY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, OPINION, ADVICE, RECOMMENDATION OR SERVICE PROMOTED, ADVERTISED OR OFFERED BY ANY INSUREMONKEY USER, THIRD PARTY, OR OTHER ENTITY MADE AVAILABLE THROUGH THE WEBSITE, CONTENT, AND/OR USER SUBMISSIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INSUREMONKEY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability- Your use of the Website is at your own risk. Neither INSUREMONKEY, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Content or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if INSUREMONKEY was advised of the possibility of such damages. If you become dissatisfied in any way with the Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services. You hereby waive any and all claims against INSUREMONKEY and its affiliates, agents, representatives and licensors arising out of your use of the Website. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of INSUREMONKEY and its affiliates shall not exceed one hundred dollars ($100). The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

No Framing; Links; Third Party Sites—Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from InsureMonkey.

Ability to Accept Terms of Use- You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

Assignment- The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by InsureMonkey without restriction.

Notice- From time to time, InsureMonkey may revise the Terms of Use. Your use of the website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. InsureMonkey strongly recommends checking Terms of Use periodically. If, and only if, InsureMonkey makes revisions to the Terms of Use that result in a material lessening of the restrictions on InsureMonkey's use or disclosure of your Personal Information, InsureMonkey will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.

Miscellaneous- InsureMonkey's failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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