TERMS OF USE

 

Now Insurance Services, Inc. (“NIS”) owns and operates the nowinsurance.com website (the “Website”). By using the Website you acknowledge and agree to be bound by these Terms of Use. If you do not agree to any term set forth herein you must not use the Website. These Terms of Use may be revised at any time by NIS without notice to you. Your continued use of the Website constitutes your acceptance of and agreement to the Terms of Use as revised. You agree that it is your responsibility to check the Terms of Use regularly for any revisions or modifications.

You represent and agree that your use of the Website will be for your lawful use. Any non-customer use of the Website is prohibited including but not limited to use of this Website by competitors. You agree that your use of any materials form this Website are limited to the purposes permitted herein.

The information available on the Website is for general reference purposes only. This information may not include all terms applicable to NIS products and services. The products and services offered on the Website are available only in jurisdictions where NIS is licensed and authorized to provide its products and services.

For information about NIS’s privacy practices and use of information collected from this Website please see NIS’s privacy policy.

NIS may include on the Website links to other websites containing third party products or services.  Please note that these Terms of Use do not apply to those websites or services.  These third party websites may use their own cookies and tracking devices, log your IP address, and otherwise collect data or solicit your Personal Data.  NIS is not responsible or liable for the content and actions of any third party website.

To the extent allowed under applicable law, all information, products, content and other materials in the Website, or accessible from the Website are provided “as is” and without warranties or representations of any kind, either express or implied. NIS disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. In addition, NIS does not represent or warrant that: (i) the operation of the Website will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Website, any emails sent by NIS, or the server that makes the Website available are free of viruses or other harmful devices; (iv) the Website will be available to you or that you will qualify for products or services offered; (v) the materials in the Website will be accurate as of any particular date; or (vi) the products or services offered through the Website are available in your location.

To the extent allowed under applicable law NIS shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if NIS has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Website, materials in the Website, or the inability to use the Website; (ii) any defect, omission, error, interruption, delay, or computer virus; or, (iii) except as a result of NIS’s gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data.

The Terms of Use and your use of the Website are governed by and shall be construed in accordance with the laws of the State of Delaware. If you and NIS are unable to resolve any controversy or claim related to your use of the Website (each a “Dispute”), both parties agree that such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The location of any arbitration shall take place in Las Vegas, Nevada.

NIS takes claims of copyright infringement seriously. If you believe this Website in any ways infringes your copyright, you may request removal of those materials from the Site in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), by submitting written notification to our Copyright Agent (designated below). Your written “DMCA Notice” should include all of the following:

Identification of your copyrighted work which you believe has been infringed; OR, if your claim involves multiple works on the Website, a representative list of those works.

Clear identification of the allegedly infringing material, along with enough information to allow us to locate it on the Website.

Your current contact information (including your name, postal address, telephone number and, if available, email address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that: a) the information you have given us is accurate and b) you are authorized to act on behalf of the copyright owner.

Your physical or electronic signature.

Send your DMCA Notice to our designated Copyright Agent:

NIS Legal Department

1707 Post Oak Blvd

Suite 297

Houston TX 77056

Email:  customerservice@nowinsurance.com

Please note that if you fail to provide all of the information outlined above, your DMCA Notice may not be effective.

With regard to products or services available online at the Website you acknowledge and agree that NIS is authorized, but not required, to act on payment instructions received from you or anyone using your email address and password. You authorize NIS to: (a) initiate payments from or debits against your financial account(s) periodically for the amount then due; and (b) initiate any other payments or debits authorized by you or anyone using your email address and password. This authorization will remain in force until thirty (30) days after you change your payment preferences. All payments must be made in U.S. dollars from a U.S. bank. You acknowledge that transactions are facilitated by a third party processor (“Processor”), and agree that NIS may share your information, including information about your financial accounts, with the Processor for this purpose.

If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. NIS’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive any right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and the Insurance Provider with respect to the subject matter herein. These Terms of Use relate to this Website only.

Any cause of action or claim you may have with respect to Terms of Use and/or Website must be commenced within six (6) months after the claim or cause of action arises, or the shortest period allowed by applicable law if greater than six (6) months, or such claim or cause of action shall be barred. NIS shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of NIS, including without limitation any failure to perform hereunder due to unforeseen circumstances such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (website providers and web hosting providers), or shortages of necessary good or services.

Fraud Warning

For Colorado Only

It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or  claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.

For DC Only

WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.

For Florida Only

Any person who knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.

For Maryland Only

Any person who knowingly and willfully presents a false or fraudulent claim for payment   of a loss or benefit or who knowingly and willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

For New Jersey Only

Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.

For New York Only

Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

For Ohio Only

Any person who, with intent to defraud or knowing that he or she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

For Pennsylvania Only

Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

For Virginia Only

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

For Washington Only

It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits.

For all other States:

It is a crime to knowingly and intentionally attempt to defraud an insurance company by providing false or misleading information or concealing material information during the application process or when filing a claim. Such conduct could result in your policy  being voided and subject you to criminal and civil penalties.