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Terms of Service

(Revision Date: 01/09)

Welcome to ensurance.com LLC (the "Site") and thank you for taking the time to read through our Terms of Service. By using the Site, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any of these Terms of Service, please do not use the Site. ensurance.com LLC owns the Site and reserves the right to update or change these Terms of Service ("Agreement") at any time and for any reason, without notice. By continuing to use the Site, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version of this Agreement for your records.

THIS AGREEMENT INCLUDES:

  • Agreement to Contract Electronically
  • Links to Third Party Web Site
  • Registration
  • Intellectual Property
  • Rules of Conduct
  • User Materials License
  • Digital Millennium Copyright Act
  • Contests/Sweepstakes
  • No Warranty
  • Limitation of Liability
  • General Legal Provisions

1. AGREEMENT TO CONTRACT ELECTRONICALLY
You agree that this electronic Terms of Service Agreement, combined with your accessing and using either Site has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature. You agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.

2. LINKS TO THIRD PARTY SITES
This Site contains links to third party web sites ("Third Party Sites"). ensurance.com LLC does not endorse and has no control over the content on Third Party Sites. ensurance.com LLC makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third Party Sites. You further acknowledge and agree that ensurance.com LLC is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Third Party Site. Please take the time to read the privacy and security policies of these Third Party Sites.

3. REGISTRATION
Certain portions of the Site may include services for which you must register to use the Site. Please refer to our Privacy Policy for information about how ensurance.com LLC collects, uses and stores user information.

4. INTELLECTUAL PROPERTY
Ownership. The Site includes copyrights, trademarks, trade dress, service marks, logos, domain names, and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics and software (collectively, the "Content"). ensurance.com LLC, its affiliates and third-party content providers own all right, title and interest in and to the Content. You acknowledge and agree that the Content and Site are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. Except for the limited rights and licenses granted herein, nothing in this Agreement confers to you, whether by implication, estoppel or otherwise, any license, title, or ownership of or to the Site and/or Content.

Limited License. Subject to this Agreement, ensurance.com LLC grants you a limited right and license to use, on one personal computer, the content, materials, features, services, software and technology on this Site (collectively the "Content") solely for your personal, non-commercial use. No other use of the Content is authorized.

Restrictions. Except as expressly provided herein, you shall not: (i) use any portion of the Site, or any other intellectual property of ensurance.com LLC, on any other web site, in the source code of any other web site, or in any other printed or electronic materials; (ii)modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute or otherwise use any of the Site's content or frame this Site within any other web site, without our prior written permission; (iii) reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code of the Site and/or the Content. ensurance.com LLC reserves the right to block your use of the Site and cancel any memberships or subscriptions for violation of any of these rules.

5. RULES OF CONDUCT
The Site may include areas that allow end-users to participate in forums such as chat rooms and message boards. ensurance.com LLC adopted the following rules of conduct in order to assure that end-users who participate in these forums do so in a lawful and appropriate manner. All information, email, text, graphics, software, messages or other materials ("User Materials"), whether publicly posted, or privately submitted, by end-users are the sole responsibility of the sender. You are solely responsible for any User Materials that you upload, transmit, post, send, email or otherwise make available via the Site. ensurance.com LLC is not liable for any User Materials or for any errors or omissions in User Materials or for any loss or damage incurred as a result of the use of any User Materials made available on the Site. ensurance.com LLC may, but is not obligated to, monitor User Material and reserves the right, in its sole discretion, to block, refuse or remove any User Material from the Site without notice.

The following conduct is prohibited on, or in connection with, the Site:

  • sending unlawful, harassing, abusive or threatening messages;
  • sending obscene or pornographic messages or images;
  • sending hateful, defamatory or libelous messages;
  • transmitting any information that may harm minors;
  • transmitting any communication or User Materials that you do not have a right to under a contractual or fiduciary relationship, that infringes a third party intellectual property right or violates a proprietary right of any third party;
  • sending viruses or other harmful, disruptive, or destructive files;
  • attempting to steal passwords or credit card information;
  • sending messages in furtherance of unlawful, criminal or fraudulent activity;
  • attempting to conceal or misrepresent the identity of the sender;
  • forging headers or otherwise manipulating identifiers in order to disguise the origin of a message;
  • sending any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
  • deleting any legal notices, disclaimers or proprietary notices;
  • disrupting the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfering or disrupting Site servers or networks or any servers or networks connected to either Site; or
  • violating any local, state, federal or international law.

These rules of conduct are strictly enforced. Violations of these rules may result in the sender being blocked from use of the Site. ensurance.com LLC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES, INCLUDING LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDERS NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY ensurance.com LLC TO ADDRESS PAST VIOLATIONS OF THIS AGREEMENT AND/OR TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO SENDER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

6. USER MATERIALS LICENSE
By transmitting, posting, emailing, uploading or otherwise making User Materials available on or via the Site, you represent and warrant to ensurance.com LLC that you have all right, title and interest in and to such User Materials and grant ensurance.com LLC a perpetual, irrevocable, world-wide, royalty free, right and license to use the User Materials in connection with the Site and ensurance.com LLC's services.

7. DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to ensurance.com LLC's Designated Agent.

THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE DESIGNATED AGENT THAT YOUR COPYRIGHTED USER MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification ("Notification") must be submitted to the following Designated Agent: Name of Agent Designated to Receive Notification Of Claimed Infringement: Mr. Paul Riley, Esq. / Baker Botts LLP Full Address of Designated Agent to Which Notification Should be Sent: 30 Rockefeller Plaza, 43 Floor, New York, NY 10112-4498.

To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity, including information about where the material which you claim is infringing is located on the Site sufficient to allow us to locate the material;
  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use 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.

8. CONTESTS AND SWEEPSTAKES
From time to time, ensurance.com LLC may sponsor contests or sweepstakes. Participation in such contests or sweepstakes is entirely voluntary. If you choose to enter any such contest or sweepstakes, your participation is governed by the contest/sweepstakes rules. You agree to abide by any and all contest/sweepstakes rules. Any personally identifiable information you provide in conjunction with any contest/sweepstakes becomes the property of ensurance.com LLC. If you consent to receive special promotions and offers from ensurance.com LLC and/or our advertisers or affiliates, such communications will be governed by our Privacy Policy. If you are awarded any prizes or other consideration, you give ensurance.com LLC permission, with no additional consideration, to identify you as a winner and to advertise, publicize, or promote ensurance.com LLC in connection with the contest/sweepstakes.

9. NO WARRANTY
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ENSURANCE.COM LLC NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES ENSURANCE.COM LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED.

10. LIMITATION OF LIABILITY
ENSURANCE.COM LLC SHALL NOT BE LIABLE FOR ANY INJURY OR LOSS, CLAIM OR DAMAGE, NOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF EITHER SITE; (ii) THE DELAY OR INABILITY TO USE EITHER SITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH A SITE (iv) THE INABILITY TO ACCESS OR USE EITHER SITE OR FROM YOUR RELIANCE ON ANY CONTENT AND/OR INFORMATION PROVIDED ON EITHER SITE, OR ON THIRD PARTY SITE LINKED TO OR FROM A SITE, EVEN IF ENSURANCE.COM LLC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. GENERAL LEGAL PROVISIONS
Reservation of Rights. ensurance.com LLC reserves the right to deny or block access to the Site to anyone at anytime and to terminate this Agreement at anytime without notice, in its sole discretion.

Termination. At any time and without prior notice, ensurance.com LLC may immediately terminate your access to the Site for: (1) breach of this Agreement; (2) requests by law enforcement or other government agencies; (3) discontinuance or material modification to a Site (or any part thereof); and/or (4) unexpected technical or security issues or problems. You agree that termination for cause is at ensurance.com LLC's sole discretion and ensurance.com LLC is not liable to you or any third party for termination of your access to the Site. You agree that any account you set up with ensurance.com LLC will be terminated upon your death.

Indemnification. You agree to defend, indemnify and hold ensurance.com LLC, its affiliates and their respective employees, directors, partners, contractors, officers, trustees, and other third parties assisting in the operation of the Site, harmless from and against all claims, liabilities and expenses (including attorneys' fees) that may arise from your use of the Site, any accounts set up in connection with the Site, User Materials, violation of the rights of others and/or breach of this Agreement.

Applicable Law and Jurisdiction. The Site is controlled and operated by ensurance.com LLC from its offices in Las Vegas, NV. This Terms of Service agreement is governed and controlled by the laws of the State of Nevada. By accessing, and/or using the Site you accept this Agreement and agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the courts of Clark County, Nevada. In addition, you consent to the personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. A printed version of this Agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.

International Use. Neither ensurance.com LLC nor its Affiliates make any representation that the Site and Content are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.

Contact ensurance.com LLC. If you have any questions or comments regarding the Site, this Agreement and/or our Privacy Policy please send an email or letter to the contact information listed on the "Contact Us" page.