Terms of Use

Please read these Terms of Use (“Terms”) carefully before using our Website, as they set forth the legally binding terms and conditions for your use of the Website and all related content thereon, Services, apps and purchases that you make from the Website, regardless of the means, manner or place from which you access our Website. By accessing and using our Website, you acknowledge and agree to abide by the following Terms. If you do not agree to these Terms, do not visit, browse or use our Website or Content. These Terms incorporate the posted privacy policy as though fully set forth herein which governs our use of your personal information.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY DISPUTES ARE SETTLED IN A PRIVATE FORUM. FOR MORE DETAILS SEE THE SECTION TITLED “DISPUTE RESOLUTION” BELOW.

We reserve the right to change these Terms at any time by posting new or updated Terms on this webpage and without further notice to you. Such changed Terms will take effect upon posting, and your continued use of the Website following any such changes constitutes your acceptance and agree to the new or updated Terms. These terms incorporate our posted Privacy Policy which governs collection, use and sharing of Personal Information collected by us and are a contractual provision incorporated herein by this reference.

INSURANCE BARGAINS IS NOT AN INSURANCE COMPANY, PROVIDER OR BROKER.

This Website provides comparisons of offers by different insurance companies as a marketing agent. It is not an insurer, insurance provider or broker. All information provided regarding the offers is provided by the insurance companies as part of their marketing. Where the offer and insurance companies appear on the website may be associated with our fees and no other factors. If you contact an insurer from our Website, we are not responsible for such contact, or liable for any products or services you receive.

Nothing on our Website constitutes an offer, promise or otherwise, either to provide a specific insurance policy or that any participating provider will offer you an insurance policy for any purpose or on any specific terms. If you contact an insurance company listed on our Website and you submit an insurance quote to such provider, your information remains between you and that insurance provider. We shall not be responsible or liable for any products, services, information or other materials displayed, purchased, or obtained as a result of any information or offer in or results of any kind obtained in connection with our Website.

Our articles are meant for informational purposes only and may not be accurate or timely. We recommend that you seek advice from a professional insurance consultant, provider or broker before purchasing any insurance product or service.

LINKS

External links to other internet sites or resources may be provided throughout our Website which are owned and operated by third parties. We have has no control over such sites, resources or entities, and you acknowledge and agree that we are not responsible for the availability or content, advertising, products or any other material found on such external sites or resources. We do not endorse and are not responsible or liable for any content found on these websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third parties.

SMS AND TEXT CAMPAIGNS

We may send promotional and transactional mobile messages in various formats. Promotional messages advertise and promote our products and services and may include promotions, specials, our marketing offers, and abandoned checkout reminders. Transactional messages relate to an existing or ongoing transaction and may include order notifications and updates, appointment reminders, and other transaction-related information. These messages may be sent using an automated technology, including an auto dialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 10 messages per week. We do not charge for mobile messages, but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts.
User Opt-In. By providing your mobile phone number to us, you are voluntarily opting in to the Service and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at. Your participation does not require that you make any purchase from us and your participation is completely voluntary.
Opt-Out and Support. You may opt-out of these Services at any time. If you wish to opt-out of the Service and stop receiving mobile messages from us, or you no longer agree to these Terms, reply STOP to the mobile number the message is sent from. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
Disclaimer of Warranty and Liability. The Service is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Service.
We may modify or cancel the Service or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Service will constitute your acceptance of those modifications.

LICENSE TO ACCESS AND USE WEBSITE.

We grant you a limited license to access and use the Website for your own personal and non-commercial use. Unless otherwise permitted by these Terms, you may not copy, distribute, display, transmit, perform, modify, publish or create derivative works from the Website or its Content.
Prohibited Conduct.
You may not download (other than page caching) or modify any portion of the Website without our express written consent. You may not resell or make any other commercial use of the Website or its contents, product listings, descriptions, or prices, creative derivative works from our Website without our express permission. You may not download or copy account information for another person or entity’s benefit, or use data mining, robots, scrapers, or similar data gathering and extraction tools on, in or in connection with our Website. You may not reproduce, duplicate, copy, sell, mirror or otherwise exploit any portion of our Website for any commercial purpose our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the Website’s security or authentication measures.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our Website’s infrastructure or supporting networks, or any systems or networks connected thereto. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website, or use the Website or Content in any manner that could damage, impair, overburden or disable the Website or any component that enables the Website’s proper operation.
You agree not to impersonate any person or entity or misrepresent your affiliation with any person or entity. You agree not to use the Website to harass or stalk any individual, nor entrap nor harm any other person, including harming minors in any way.
You may not impair in any way the Website’s integrity or operation. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all of the resulting losses and damages.

INTELLECTUAL PROPERTY.

We own and/or control the rights to all of the images, text, graphics, user interfaces, designs, photographs, trademarks, logos, sounds, music, artwork and computer code on the Website including the design, “look and feel,” trade dress, structure, selection, coordination, and arrangement thereof, all of which is protected by trademark, copyright and related laws.
Use Rights. You may access, view, download, and print Content for your personal, non-commercial use only, provided that you do not modify or make commercial use of Content, and retain all copyright, trademark, or other proprietary designations contained in Content. Except as these Terms expressly provide, you may not copy, reproduce, upload, republish, encode, transmit or distribute any part of the Website or Content in any way or form to any other computer, server, web Website or other medium for publication or distribution or for any commercial purpose without our express prior written consent.

DMCA COPYRIGHT AND INFRINGEMENT NOTICES.

We respect others’ intellectual property rights, and require that you do the same in your use of the Website. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;

Identification of the copyrighted work(s) that you claim has been infringed;
A description of the material that you claim is infringing and the location of that material on the Website;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your notice to 3000 S. Hulen Street, Ste 124 #1394, Fort Worth, TX 76109. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

Upon receipt of a notice complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

INDEMNIFICATION

You agree to defend, indemnify, and hold Us, our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, harmless from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of our Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.

LIABILITY LIMITATION

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED $100.00. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. OUR SERVICES INCLUDING OUR CONTENT ARE DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ITS CONTENT, OUR SERVICES ARE PRESENTED “AS IS” AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE WEBSITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS, ACCESS DELAYS OR INTERRUPTIONS TO THE WEBSITE, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY INACCURACIES OR OMISSIONS IN CONTENT AND/OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THE “AGREEMENT TO ARBITRATE” AND “CLASS ACTION WAIVER” SECTIONS BELOW CAREFULLY

If you are a resident of the United States (including its possessions and territories), you and we agree that any dispute, claim or controversy arising out of or relating in any way to the use of our site, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to extremely limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us.
If you elect to seek arbitration or file a small claim court action, you must first send us by certified mail, a written Notice of your claim (“Notice”). The Notice to us must be addressed to: Legal, (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
If you wish to proceed with arbitration, you are required to pay a filing fee, which we will reimburse you for after we receive notice of the commenced of the arbitration process unless your claim is for greater than USD$10,000, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county of your residence.
Time Limitation. YOU AND WE AGREE THAT ANY ACTION SUBJECT TO ARBITRATION IN THESE TERMS MUST BE COMMENCED OR FILED BY YOU OR US WITHIN ONE (1) YEAR OF THE DATE THE FACTS THAT GIVE RISE TO THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND WE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

TERMINATION

We reserve the right to terminate your access to or use of this Website and/or your subscription should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, returns, discounts or any other conduct designed to injure, harass or disrupt this Website or our business operations.

GENERAL TERMS.

Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of the State of Delaware, without regard to conflict or conflict of law principles.

Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. IB may assign this Agreement to any successor entity. Customer may not assign without the written permission of IB.
Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
No Waiver. No waiver of or by IB shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website
Modifications. We reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. We do not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by us in writing, you may not amend these terms and conditions in any way.

ELECTRONIC CONSENT

These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms by any act demonstrating your assent thereto, including merely accessing the Website, whether you have read these terms or not. Please print these terms and conditions for your personal records.

In addition, you consent to receiving electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters special offers, promotional announcements and customer surveys via email or other methods.

If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any products through the Website. By accessing the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.