Terms of Service
Here's what you're agreeing to by using Ten 250 Corporation's websites (the "SimplyInsured Service"):
This website is owned and operated by Ten 250 Corporation ("Ten 250 Corporation", "SimplyInsured", "we"). These Terms of Service are a binding legal agreement between you and SimplyInsured regarding your use of the services available at this site (the "Agreement"). If you do not accept these terms, please do not access the site or use the content or any of SimplyInsured's services.
The SimplyInsured Service is for individuals trying to find insurance information for themselves, their families, and their friends, and SimplyInsured grants you a limited and revocable right to use the service for those purposes. Without separate, written permission from SimplyInsured in advance, you may not: (i) reuse or "scrape" SimplyInsured's data for use in another service or website, (ii) attempt to circumvent any control or limitations SimplyInsured places on your ability to access SimplyInsured or information on the SimplyInsured Service, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the SimplyInsured Service or otherwise interfering with the proper function of the website, or (iv) "frame," "mirror," or otherwise incorporate any part of the SimplyInsured Service into any other website.
If you are looking for insurance information for a commercial purpose (for example, if you are an insurance agent), you may not use SimplyInsured to find information and then use that information to bind policies through another website or service. If you are using SimplyInsured for non-commercial reasons (such as for personal use), you may choose to bind your insurance policies elsewhere (although we'd certainly like for you to use us).
Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the SimplyInsured's sites reflects the latest agreement and you should carefully review the same before you use our site. Your continued use of SimplyInsured's site following a change of these Terms and Conditions constitutes a binding acceptance of the change.
Accuracy, Completeness and Timeliness of Information
SimplyInsured is not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information that is definitely not current and is provided for reference only. We reserve the right to modify the contents of the site at any time without obligation on our end to update any information on the site. You understand and agree that it is your responsibility to monitor changes on the site.
Furthermore, while Ten 250 Corporation uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the SimplyInsured Service.
YOU UNDERSTAND THAT PRICES ARE ESTIMATIONS AND ARE NOT OFFICIAL AND THAT YOU MAY NOT BE OFFERED A QUOTE DUE TO ELIGIBILITY REQUIREMENTS, INCLUDING BUT NOT LIMITED TO DIFFERENCES BASED ON MEDICAL HISTORY, DISCOUNTS, AND THE STATE IN WHICH YOU RESIDE.
The SimplyInsured Service, and all information, data and other content and materials available on the service, including, but not limited to, the SimplyInsured logo and all designs, text, documents, graphics, software, sound files, other files, and the selection and arrangement thereof are the property property of SimplyInsured and it's suppliers and licensors and are protected by U.S. and international intellectual property laws.
SimplyInsured and the SimplyInsured logo are trademarks of SimplyInsured and may not be copied, imitated or used, in whole or in part, without the prior written permission of SimplyInsured. All other trademarks, product names and company names or logos mentioned on the SimplyInsured website are property of their respective owners.
YOU UNDERSTAND THAT REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF BY US, OR VICE VERSA.
Links to Third Party Content
The SimplyInsured Service may contain links to third party products, services, and/or websites. We don't have any control over these third parties, and we are not responsible for their performance. We also don't endorse them, and are not responsible for their content, advertising, or other materials that they may provide to you.
YOU ALSO UNDERSTAND AND AGREE THAT WE DO NOT NECESSARILY HAVE A RELATIONSHIP WITH THE PROVIDERS OF INSURANCE SERVICES DISPLAYED ON THE SimplyInsured SERVICE.
Modifications to the SimplyInsured Service
We are still working on the SimplyInsured Service, so from time to time we may modify, discontinue, or restrict, temporarily or permanently, portions or all of the SimplyInsured Service. We may do this without notifying you. We reserve our right to make these changes for any reason or no reason at all. We also reserve our right to terminate your license to use the SimplyInsured Service, and to block, restrict, or prevent your future access to or use of the service. Again, we may do this without notice to you, and for any or no reason. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance or restriction of the SimplyInsured Service.
Ability to Accept Terms of Service
You affirm that you are either 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 these Terms of Service, and to abide by and comply with these Terms of Service. SimplyInsured is not intended for or directed to persons under the age of 13. Any person who provides their information to SimplyInsured through any part of the SimplyInsured Service represents to SimplyInsured that he or she is 13 years of age or older. If you are under the age of 13, then please do not use the SimplyInsured Service.
This Agreement, and all legal issues arising from or related to the SimplyInsured Service, shall be governed by and construed in accordance with the laws of the State of California without regard to that state?s conflict of law provisions. The state and federal courts in and for San Francisco County, California shall be the exclusive forum and venue to resolve any and all disputes arising out or related to this Agreement.
All disputes between you and SimplyInsured will be resolved by BINDING ARBITRATION as described in more detail in the Arbitration Agreement included below. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement (except for matters that may be taken to small claims court).
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than they would be in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by courts or judges.
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 very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
You agree that, by entering into this Agreement, you and SimplyInsured are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement and the termination of your use of the SimplyInsured Service.
If you elect to seek arbitration, you must first send to SimplyInsured, by certified mail, a written Notice of Dispute ("Notice"). The Notice to SimplyInsured should be addressed to: SimplyInsured, Attn: Legal, 3588 Sunnydale Court, San Jose CA 95117. ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If SimplyInsured and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SimplyInsured may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by SimplyInsured or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SimplyInsured is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
After SimplyInsured receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, SimplyInsured will pay it directly upon receiving a written request at the Notice Address.) 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 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 SimplyInsured and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your primary residence. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, SimplyInsured will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds in favor of SimplyInsured as to the substance of your claim or the relief sought, you will reimburse SimplyInsured for your portion of the filing fee. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees will be governed by the AAA Rules. In such case, you agree to reimburse SimplyInsured for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $10,000 in damages, the payment of these fees will be governed by the AAA rules.
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. YOU AND SimplyInsured 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 SimplyInsured 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.
Notwithstanding any provision in this Agreement to the contrary, we agree that if SimplyInsured makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision, and agree to promptly cease using the SimplyInsured Service.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SimplyInsured 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 AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SimplyInsured OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SimplyInsured DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
GIVEN THAT THE SimplyInsured SERVICE IS PROVIDED TO YOU FOR FREE, YOU AGREE THAT SimplyInsured IS ENTITLED TO ANY LIMITATION OF LIABILITY. THIS MEANS THAT IN NO EVENT WILL SimplyInsured - OR ITS LICENSORS OR SUPPLIERS - BE LIABLE ON ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SimplyInsured SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (i) SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS DAMAGES FOR LOSS OR PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SimplyInsured OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (iii) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) ANY AMOUNTS PAID BY YOU TO ANY OF SimplyInsured'S BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO OUR DATA PROVIDERS AND THE SITES TO WHICH WE LINK.
THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OR OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE SimplyInsured SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SimplyInsured SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SimplyInsured SERVICE. (OF PARTICULAR IMPORTANCE, THIS MEANS WE ARE NOT RESPONSIBLE IF THERE IS A PROBLEM WITH YOUR INSURANCE POLICY OR COVERAGE.)
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Last updated: November 17, 2012