InsuredBusinesses.com TERMS OF AGREEMENT

Last updated on JULY 25, 2018

InsuredBusinesses.com is a directory that verifies liability insurance of businesses (collectively, “Businesses”) to allow users (“You,” “Yourself,” or “Your,” if possessive) the opportunity to further protect themselves against possible financial loss that is more likely when using or hiring uninsured companies.

In addition, InsuredBusinesses.com allows Businesses to display their verification of insurance for free, allowing Businesses to build their reputation as responsible and trustworthy, while gaining a competitive edge over competition who have not verified their insurance through InsuredBusinesses.com.

ABOUT THE INSURANCE VERIFICATION PROCESS

At InsuredBusinesses.com we aspire to display insured and responsible businesses all of us trust with our most valued possessions. We do that by requesting a Certificate of Liability Insurance (“Certificates”) from Businesses so that we can verify liability insurance coverage for Businesses before giving them an “Insurance Verified” status on our website.

Certificates of Businesses are sent to us by insurance agencies (or insurance companies) that give us a snapshot view of a businesses’ in-force insurance policies at the time of the certificate request. While this is a valuable document that generally guarantees liability insurance at the time of issuance, certificates do not give us specific policy coverage details or coverage promises. We are also not notified if a policy(s) is canceled at some point after InsuredBusinesses.com receives the certificates.

For many reasons including the limited amount of information Certificates of Insurance provide and because policy(s) can be canceled at any time by Businesses, it is very important for each person to ask for proof of coverage from Businesses. It is also recommended that individual policies should be examined to be certain of what is or is not covered. In no case should the content of our website be construed as an express or implied guarantee of current or future coverage.

InsuredBusinesses.com Business Profiles are provided solely to assist you in exercising your own best judgment. Information in this Profile is not guaranteed as to accuracy.

Each business will show a specific status on our website. The following are the six statuses that we use and an explanation of what they mean.

As a consumer, in order to use the service of InsuredBusinesses.com you only need access to the website InsuredBusinesses.com.

As a Business, in order to use the Service of InsuredBusinesses.com, you must read and accept all of the terms and conditions in, and linked to, this Agreement (this “Agreement”). This Agreement may be modified by InsuredBusinesses.com from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of Insuredbussiness.com websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

1. REGISTRATION INFORMATION

As a condition of Your use as a listed Businesses, You agree to: (a) provide InsuredBusinesses.com with true, accurate, current and complete information as prompted by InsuredBusinesses.com registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.

2. MINIMUM AGE

You must be 18 years of age or older to register as an Insurance Verified Business.

3. USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited.

4. PRIVACY POLICY

InsuredBusinesses.com has established a Privacy Policy to explain to You, and other users, how Your personal information is collected and used. This Privacy Policy is located at insuredbusinesses.com/privacy.

5. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL

6. ACCOUNT SECURITY

InsuredBusinesses.com will assign You a user ID and a password when You create a profile. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.

7. PUBLICATION OF VERIFIED CERTIFICATES

InsuredBusinesses.com does not guarantee the accuracy, integrity, or content transmitted to or through the Service. You understand that InsuredBusinesses.com can not control, and is not responsible for insurance certificates that were once validated and have since expired, thus You may be exposed to content that is inaccurate, misleading, or untrue. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any content, specifically including the Certificates of Businesses.

You further acknowledge, InsuredBusinesses.com reserves the right to review and delete any Business Profile that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that You submit, receive, access, transmit or otherwise convey through the service. Under no circumstances will InsuredBusinesses.com be liable in any way for any Content or Businesses Content, including, but not limited to, any Content or Businesses Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Businesses Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against InsuredBusinesses.com relating to Content or Businesses Content, and release InsuredBusinesses.com from any and all liability for or relating to any Content or Businesses Content.

8. Businesses

InsuredBusinesses.com does not endorse and is not responsible or liable for any Content, Businesses Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Businesses (which includes, but is not limited to, healthcare and wellness providers). You agree that should You use or rely on such Content, Businesses Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Businesses. InsuredBusinesses.com is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Businesses (which includes, but is not limited to, healthcare and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Businesses exclusively and do not involve InsuredBusinesses.com. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging any of the Businesses.

You agree that InsuredBusinesses.com is not responsible for the accessibility or unavailability of any Businesses or for Your interactions and dealings with them. You agree that You waive the right to bring or assert any claim against InsuredBusinesses.com relating to any interactions or dealings with any Businesses and release InsuredBusinesses.com from any and all liability for or relating to any interactions or dealings with Businesses.

InsuredBusinesses.com may, in its sole discretion, have criminal and/or financial background checks conducted on certain Businesses. By having such background checks conducted, InsuredBusinesses.com DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).

9. YOUR CONDUCT

In connection with Your use of the Service, You represent and warrant that You:

InsuredBusinesses.com retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. InsuredBusinesses.com may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, InsuredBusinesses.com may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

10. DISCLOSURE OF INFORMATION

As InsuredBusinesses.com continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

11. TERM AND TERMINATION

InsuredBusinesses.com may, for any reason in its sole discretion, immediately terminate this Agreement, Your account, and Your access to the Service.

Termination of Your account will include removal of Your profile, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.

12. MODIFICATION OF TERMS AND CONDITIONS

InsuredBusinesses.com will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.InsuredBusinesses.com). You will receive notice if modifications to the Agreement are made. InsuredBusinesses.com will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.

13. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

InsuredBusinesses.com reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that InsuredBusinesses.com will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service.

14. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. InsuredBusinesses.com is not responsible for any delays, failures or other damage resulting from such problems.

15. USER FEEDBACK

InsuredBusinesses.com appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of InsuredBusinesses.com. In addition, none of the Submissions will be subject to any obligations of confidentiality and InsuredBusinesses.com will not be liable for any future use or disclosure of such Submissions.

16. COPYRIGHT MATERIALS

Aside from user-submitted Content and Businesses Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of InsuredBusinesses.com and/or its licensors and are protected by all United States and international copyright laws.

17. WARRANTY DISCLAIMER

You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT InsuredBusinesses.com ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. InsuredBusinesses.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR InsuredBusinesses.com COLLECTS WILL NOT BE DISCLOSED, (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, OR (F) THE CERTIFICATES OF INSURANCE OF ANY BUSINESS ARE ACCURATE OR STILL CURRENT. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT InsuredBusinesses.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF InsuredBusinesses.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY Businesses OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY InsuredBusinesses.com OR THE FAILURE OF InsuredBusinesses.com TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY Businesses (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless InsuredBusinesses.com, its officers, managers, owners, employees, agents, designees, users, successors, assigns, Businesses and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to InsuredBusinesses.com or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. InsuredBusinesses.com will have sole control of the defense of any such damage or claim.

20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for InsuredBusinesses.com to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of InsuredBusinesses.com damages for the specified breaches of this Agreement:

a. If You post Content in violation of this Agreement, You agree to promptly pay InsuredBusinesses.com One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.

b. If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement

c. If You use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by You.

d. Except as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by InsuredBusinesses.com, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

21. NOTICE

You agree that InsuredBusinesses.com may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to InsuredBusinesses.com will be provided by either sending: (i) an email [email protected]; or (ii) a letter, first class certified mail, to InsuredBusinesses.com, PO Box 30144, Columbia, MO 65205 Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), InsuredBusinesses.com will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:


InsuredBusinesses.com

PO Box 30144

Columbia, MO 65205

Attn: Ashley Brasseaux

Email: [email protected]

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;

c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;

e. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and

f. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

InsuredBusinesses.com will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

22. ENTIRE AGREEMENT

This Agreement governs Your use of the Service and constitutes the entire agreement between You and InsuredBusinesses.com. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and InsuredBusinesses.com regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Businesses and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to InsuredBusinesses.com under this Agreement.

23 GOVERNING LAW

This Agreement and the relationship between You and InsuredBusinesses.com will be governed by the laws of the State of Missouri, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Boone County, Missouri and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that InsuredBusinesses.com may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

24. MISCELLANEOUS

This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of InsuredBusinesses.com rights if InsuredBusinesses.com fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and InsuredBusinesses.com agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and InsuredBusinesses.com as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.