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Terms
and Conditions
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.
Kars (“we” or “our”) owns and operates the website located at karsinsurance.com, (the “Site”). Kars provides and maintains this site for your information, conditioned on your acceptance, without modification, of the terms, conditions and notices contained in this Terms of Use. By accessing and using the site, you accept and agree, without limitation, to the following:
Products and Services
You understand and agree that Kars is not an insurance provider and is not the creditor for or issuer of, any of the products featured on the Site. Any products or services advertised at this site or made available to you by any of our partners after you leave the Kars site, are by and remain the sole responsibility of the respective product vendors and service providers.
Products and Services
Your receipt of an electronic or other form of order request confirmation does not signify any acceptance of your application, nor does it constitute confirmation of any offer to supply you with an insurance policy. Kars reserves the right at any time after receipt of your information via form to accept or decline your request for any reason. Kars is not responsible for requests that cannot be supplied or unsuccessful application requests arising from an applicant’s ineligibility to qualify for the insurance policy opportunity.
Restrictions
You must be 18 years or older to use the Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of products or services through the Site’s third party affiliates. Kars may, in its sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If Kars becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or of its Privacy Policy (“Privacy Policy”), Kars the suspected violation and the appropriate enforcement action. During the investigation, Kars may suspend services to any customer being investigated and/or remove any material related to the aforementioned consumer from Kars’s servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms of Use or the Privacy Policy could be subject to criminal or civil penalties.
Compliance With Laws
The trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, text and images appearing on this site are protected intellectual properties owned by Kars, its licensees, or other third parties who have authorized use of such properties on the Site.
Kars grants you permission to view and make copies of documents, pages, images or other materials or content on this site for the purposes of submitting a request for an insurance policy from Kars or its affiliates for your non-commercial, personal use. Kars reserves all other rights in this web site and its contents. You may not distribute, display, transmit or disseminate any such documents, pages, images, materials or content without the prior written consent of Kars. Except as expressly provided on this site, nothing contained on this site shall be construed as conferring any right or license under any trademark, copyright or other intellectual property right.
Compliance With Laws
Kars uses reasonable efforts to ensure that the information on this site is accurate, but cannot guarantee such accuracy. Kars makes no representations regarding the use or results of any content on the Site as to its accuracy, reliability or any other matter. NEITHER Kars NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. EVERYTHING ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. These exclusions and limitations are applied to the fullest extent permitted by law in each jurisdiction.
Third Party Content
The Site may contain links to sites maintained by third parties. Kars is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
Privacy
Kars’s Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through the Site in accordance with the Privacy Policy available at karsinsurance.com/privacy-policy. The Privacy Policy sets out your rights and Kars’s responsibilities with regard to your personal information. Kars will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Kars, in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the Site after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will terminate use of the Site.
Security
Kars utilizes secure technology to protect your personal information. Although Kars has taken reasonable measures to provide for the security of certain information that you submit to the Site, Kars cannot guarantee that this information will not be intercepted or decrypted by others. Kars accepts no responsibility for such interception or decryption.
Site Use
Kars is not your agent, or is it the agent of the issuer of any insurance policies or any supplier with respect to your decision to obtain an insurance policy or other insurance offerings. Kars may receive compensation for third parties for goods, facilities or services that Kars provides to third parties under separate contract. Such goods, facilities or services may or may not relate in any way to your use of the Site. You agree to any such compensation arrangement whether or not related in any way to your use of the Site.
Law and Venue
You agree that any legal action brought against us shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Site shall be an appropriate federal or state court located in Delaware. Kars makes no representations that the content in the Site is appropriate for access outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Referring short code
Where 'prior express written consent' within the meaning of the Telephone Consumer Protection Act ('TCPA'), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, and text and SMS messages to the telephone number(s) that you provided from us and the marketing partners. You are not required to provide this consent to purchase goods or services offered on karsinsurance.com. Your consent simply allows us to contact you via these means. If you provide consent, Kars and our affiliates or Marketing Partners may send you SMS messages from their short codes or long codes. Recurring messages are maximum 9 messages per week. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for more information. The mobile carriers are not liable for delayed or undelivered messages.
Modification
Kars reserves the right to modify these Terms of Use from time to time. Your use of the Site after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.
Indemnification
By using the Site, you agree to indemnify and hold Kars, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or attempted use of the Site, including providing a link to another site or uploading any content to the Site.
Agreement to Arbitrate
You and we each agree that any and all disputes or claims that relate to or arise from your use of or access to our Services, or any products or services sold, offered, or purchased through our Services, including any contact from our subsidiaries, affiliates, or agents including, but not limited to, All Web Leads, Inc., shall be resolved exclusively through final and binding arbitration between us and you, or between our subsidiaries, affiliates, or agents and you, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Prohibition of Class and Representative Actions
and Non-Individualized Relief
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.
Arbitration Procedures
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will arrange to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
Confidentiality
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
Severability
Except for any of the provisions in this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non- Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply
Violation of The Terms Of Use
By using the Site, you understand and agree that Kars, at its sole discretion and without prior notice, may terminate your access to the Site and to any services offered on the Site, and may remove any content you have provided if Kars believes that such content violates or is inconsistent with these Terms of Use or the Privacy Policy or their intent, that your conduct is disruptive, or you have violated the law or the rights of Kars or another user.
Miscellaneous
All rights not expressly granted are reserved to Kars. The headings used in these Terms of Use are intended for convenience only, and shall not affect the construction and interpretation hereof or thereof. A party’s failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms of Use is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms of Use, which shall remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and therein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.
Contact Information
Kars is always willing to answer your questions or concerns about this site. If you have questions relating to the terms of your insurance policy, please contact your insurance carrier directly.
Email: contact@karsinsurance.com