Effective Date: September 21, 2018.
- Services. The Services offered by the Website allow consumers to research and shop for various insurance and related products. BTW Insurance is not an insurance company. BTW Insurance introduces Users to insurance companies and assists Users with obtaining quotes for insurance products. PLEASE DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT
- Availability of Content. The availability of the content of this Website may change from time to time and BTW Insurance does not guarantee that any content or all the Services will be available or remain available on the Website. BTW Insurance reserves the right to modify or remove content and to modify the Services without notice for any reason.
- Access Eligibility. You must be at least eighteen (18) years of age to use the Website and Services. BTW Insurance’ Services are available only to individuals who can form legally binding contracts under applicable law. BTW Insurance reserves the right to refuse access to, or use of our Website or Services to anyone not complying with this Agreement, at any time, in its sole discretion.
- Ownership of Services and Content. You acknowledge that all the intellectual property rights in the Website, Services, and the Website content are owned by BTW Insurance or its third-party licensors. You agree not to: (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Website, Services, or related content, or the content’s underlying text, software, graphics, photos, sounds, music, videos, or interactive features; (b) rent, lease, loan, or sell access to the Services; and (c) use the content in conjunction with any business which sells or markets health insurance.
- Grant of License. BTW Insurance grants You a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Services solely for personal, non-commercial purposes as permitted by this Agreement. This license to You will automatically terminate if you violate this Agreement.
- Lawful Use. You will use the Website, Services, and content in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. Specifically, You may not use the Website, Services, and content as follows: (a) for any illegal purpose or in violation of any local, state, national, or international law; (b) to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (c) interfering with security-related features of the Services, (d) interfering with the operation of the Service or any User’s use of the Service; or (e) committing any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or falsifying Your age or date of birth.
- Third-Party Services and Linked Websites. BTW Insurance may provide tools through the Service that enable Users to export information to third-party services. By using one of these tools, You agree and acknowledges that third-party services are not under BTW Insurance’s control, and BTW Insurance is not responsible for any third-party use of Your information. The Service may also contain links to third-party websites. By visiting such third-party website, You agree and acknowledges that third-party linked websites are not under BTW Insurance’s control, and You agree BTW Insurance is not responsible for third-party linked websites’ content.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. BTW Insurance EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BTW Insurance MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND CONTENT AND BTW Insurance MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES OR CONTENT SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR CONTENT. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
- Limitation of Liability. YOU AGREE THAT THIS WEBSITE, BTW Insurance, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES OR CONTENT.
- Indemnification. You agree to indemnify and hold harmless this Website, BTW Insurance, its officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services or content in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Services.
- Governing Law and Venue. Your use of the Website and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Williamson County, Tennessee. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against BTW Insurance. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
- Attorneys’ Fees. In the event that BTW Insurance must bring legal action in order to enforce this Agreement or You bring legal action against BTW Insurance, and if BTW Insurance prevails, You shall pay BTW Insurance’ costs of litigation, including reasonable attorneys’ fees and court costs.
- Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by BTW Insurance without restriction
- Notice and Service of Process. All notices, requests, claims, demands and other communications to BTW Insurance shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process to BTW Insurance). User shall send notices to BTW Insurance as follows:
BTW Insurance is authorized to send any notices to a User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such User, as such information may be updated by User from time to time. In the event that a User does not have a valid mailing address, facsimile number and/or e-mail address associated with User’s Account, User agrees that service of process through the Secretary of State were User resides or is organized, shall be deemed effective service of process.
- Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.