Last Modified: June 29, 2023.
Your Acceptance and Agreement
These Website Terms of Use are entered into by and between You and American Insurance Counselors, Inc. (“Company,” “we” or “us”) and govern Your access to aicinsurance.com and the other websites where we post this document as the applicable terms of use, along with any related websites, applications, networks, agent and representative services, and communication media (including online chat and telephone call centers), and other services provided by us (collectively, the “Services”).
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service, or any features of the Service, that we may post on or link to from the Service, such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Service (the “Additional Terms”). The “Terms of Use” include these Website Terms of Use, our Privacy Policy and the Additional Terms, each as then in effect. In the event of a conflict between the Additional Terms and these Website Terms of Use, these Website Terms of Use shall control. These Terms of Use are a legally binding contract between You and the Company regarding Your use of the Service.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY USING THE SERVICES OR BY SPECIFICALLY CLICKING “CREATE ACCOUNT” OR ANOTHER BUTTON ON THE SITE TO SUBMIT YOUR INFORMATION TO US, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.
If You are not eligible to use our Service or agree to these Terms of Use, or if You do not agree to the Terms of Use, then You are not authorized to use the Service.
Changes to the Terms of Use
We reserve the right, at our sole discretion, to change these Terms of Use on a going-forward basis at any time. Please check these Terms of Use periodically for changes. If a change to these Terms of Use materially modifies Your rights or obligations, You may be required to indicate Your assent to the modified Terms of Use or be provided notice thereof.
Any use of the Service after the Terms of Use are modified constitutes Your acceptance of the modified Terms of Use. Disputes arising under these Terms of Use will be resolved in accordance with the version of these Terms of Use that was in effect at the time the dispute arose.
Service
We provide a service where You can research and shop for various insurance and related products. We are not an insurance company. We introduce users to insurance and related products offered by third parties. DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT.
Service Changes
We reserve the right to change or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to You. You agree we will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service.
Who May Use the Service
You must be at least 18 years of age to use the Service. By using the Services and/or agreeing to these Terms of Use, You represent and warrant to us that: (a) You are at least 18 years of age; (b) You have not previously been suspended or removed from the Service; and (c) Your registration and Your use of the Service is in compliance with all applicable laws and regulations. If You are using the Service on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that organization to these Terms of Use and You agree to be bound by these Terms of Use individually and on behalf of that organization.
Your Account
You may be allowed to browse our products without registering as a user, but in order to purchase any product You must register for an account. When You register for an account, You may be required to provide us with some information about yourself, such as Your email address or other contact information. You represent and warrant that the information You provide to us is accurate and agree that You will keep it accurate and fully updated at all times. When You register, You will be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password, and You accept responsibility for all activities that occur under Your account, including any intrusion or breach caused by any third party using Your account. If You have reason to believe that Your account is no longer secure, You must immediately notify us at customerservice@aicinsurance.com.
Termination of Your Account
You may terminate Your account at any time by contacting customer service, including by emailing legalreview@aicinsurance.com.
If You violate any provision of these Terms of Use, Your permission from us to use the Service will terminate automatically. In addition, the Company may in its sole discretion terminate Your user account on the Service or suspend or terminate Your access to the Service at any time for any reason or no reason, with or without notice.
Consent to Communications
By providing us with a telephone number and other contact information when registering for an account, You agree to receive communications, including via email and calls (including text messages and calls made using an auto dialer or prerecorded voice message), from or on behalf of the Company (or its affiliates, subsidiaries, employees, contractors, agents, business partners or other third parties permitted to receive Your information under the our Privacy Policy) at the email address or telephone number You provided, even if that number is on a National or State Do Not Call List. These calls may be for information and marketing purposes, such as to provide You with information about American Insurance Counselors’ services and Your insurance options, for assistance with applications, and to provide reminders of deadlines. You are not required to provide Your consent to these calls as a condition of any purchase on or through the Company, and You may revoke any consent for marketing messages, phone calls or text messages as described below. Standard text messaging and telephone minute charges applied by Your cell phone carrier will apply.
Opt-Out
IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU RECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED DURING THE CALL. TO OPT OUT OF SUCH TEXTS OR PHONE CALLS, YOU MAY ALSO EMAIL US WITH A REQUEST TO STOP RECEIVING SUCH TEXTS OR CALLS AT A SPECIFIED PHONE NUMBER. You understand and agree that You may: (i) continue to receive communications while we processes Your opt-out request, (ii) receive a communication confirming the receipt of Your opt-out request, and (iii) after opting out of receiving marketing messages, continue to receive certain non-marketing communications by email or to a non-wireless number, such as confirmations or updates related to Your account, insurance application or policy, or transactions through the Service. You may also manage Your communication preferences as set forth below.
Updating Your Contact and Account
Information
You may correct or update Your contact information by contacting us at customerservice@aicinsurance.com or by mail at:
Customer Service
American Insurance Counselors
1998 Innerbelt Business Center Drive
St Louis, MO 63114.
If you have an account with us, You may also update Your name, email address, phone number (if part of Your account) and password by clicking on the “My Account” or “Log In” or similar link on this website and logging in using Your email address and password.
Communications Monitoring
We may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others.
Privacy Policy
Please read our Privacy Policy carefully for information relating to our collection, use, storage and disclosure of Your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms of Use.
User Content – Definition
Certain features of the Service may permit users to upload content to the Service (“User Content”) and/or to publish User Content on the Service.
User Content – Representations and Warranties
You are solely responsible for Your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, You represent and warrant that: (a) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize American Insurance Counselors and users of the Service to use and distribute Your User Content as necessary to exercise the licenses granted by You in this section, in the manner contemplated by American Insurance Counselors, the Service, and these Terms of Use; and (b) Your User Content, and the use of Your User Content as contemplated by these Terms of Use, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause American Insurance Counselors to violate any law or regulation.
User Content – License
By posting or publishing User Content, You grant American Insurance Counselors a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute Your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for the Company.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend Your access to all or part of the Services, for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANYOR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review material before it is posted on Company’s website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Intellectual Property Rights
The Services and the contents, features, and functionality of the Services
(including but not limited to all information, software, text, displays,
images, video, and audio, and the design, selection, and arrangement thereof)
are owned by the Company, its licensors, or other providers of such material
and are protected by United States and international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary rights
laws.
These Terms of Use permit You to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by Your web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, Your right to use the Services will stop immediately and You must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Conduct
By using the Service, you agree that you shall NOT at any time:
- post, upload, or distribute any
content (including by chatting with customer service) that is unlawful,
defamatory, libelous, inaccurate, or that a reasonable person could deem to be
objectionable, profane, indecent, pornographic, harassing, threatening,
embarrassing, hateful, or otherwise inappropriate;
- use the Service for any illegal purpose or act or in violation of any local, state, national, or international law;
- violate, or encourage others to
violate, any right of a third party, including by infringing or
misappropriating any third party intellectual property right;
- interfere with the operation of the
Service or any user’s enjoyment of the Service, including by: (a) uploading or
otherwise disseminating any virus, adware, spyware, worm, or other malicious
code; (b) making any unsolicited offer or advertisement to another user of the
Service; (c) attempting to collect personal information about another user or
third party without consent; or (d) interfering with or disrupting any network,
equipment, or server connected to or used to provide the Service, or violating
any regulation, policy, or procedure of any such network, equipment, or server;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying Your age or date of birth;
- interfere with security-related
features of the Service, including by: (a) disabling or circumventing features
that prevent or limit use or copying of any content; or (b) reverse engineering
or otherwise attempting to discover the source code of any portion of the
Service except to the extent that the activity is expressly permitted by
applicable law; and/or
- sell or otherwise transfer the
access granted under these Terms of Use or any Materials (as defined herein) or
any right or ability to view, access, or use any Material;
use data mining, robots, or other data gathering devices on or through the Service;
attempt to do any of the acts described in these Terms of Use, or assist or permit any person in engaging in any of the acts described in this Section.
Payment
If You provide payment information for purchasing or applying for a product, then You will pay the applicable company that provides such product and that payment shall be governed by the terms agreed upon by You and the applicable company.
Third-Party Services and Linked Websites
We
may provide tools through the Service that enable You to export information to
third party services. By using one of these tools, You agree that we may
transfer any such information to the applicable third-party service. Third
party services are not under our control, and we are not responsible for any
third party service’s use of Your exported information. The Service may also
contain links to third-party websites. Linked websites are not under our
control, and You agree we are not responsible for their content.
Feedback
You hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit any input and suggestions regarding problems with or proposed modifications or improvements to the Service that your provide (“Feedback”) in any manner and for any purpose, including to improve the Service and create other products and services.
Indemnity
To the fullest extent permitted by law, You are responsible for Your use of the Service, and You will defend and indemnify the Company and its officers, directors, employees, consultants, affiliates, subsidiaries, agents, business partners and other third parties permitted to receive Your information under Privacy Policy (together, the ” Company Parties”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) Your access to, use of, or alleged use of, the Service; (b) Your violation of any portion of these Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use, or any applicable law or regulation; (c) Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between You and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with our defense of that claim.
Disclaimers
YOU AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EHEALTH COMPANY PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE POTENTIAL LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY PARTIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE.
No Advice
The Materials are for informational purposes only. No Material is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Service. If You think You may have a medical emergency, call Your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, insurance coverage or other information that may be mentioned on the Service. Reliance on any information provided by the Company, its employees, or other visitors to the Service is solely at Your own risk.
Governing Law
These Terms of Use are governed by the laws of the State of Missouri without regard to conflict of law principles.
Dispute Resolution and Arbitration
These Terms OF USE provide that all disputes between You and the Company will be resolved by BINDING ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND COMPANY ARE WAIVING THE RIGHT TO A TRIAL BY JURY and/or TO PARTICIPATE IN A CLASS ACTION.
BY USING THE SERVICES YOU AGREE TO GIVE UP YOUR RIGHT TO USE THE COURTS to assert or defend Your rights under this contract. Your rights will be determined by an ARBITRATOR and NOT a judge or jury, and Your claims cannot be brought as a class action. Please review the sections below for the details regarding Your agreement to arbitrate any disputes with the Company.
In the interest of resolving disputes between You and the Company in the most expedient and cost effective manner, You and the Company agree that any dispute arising out of or in any way related to these Terms of Use or Your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms of Use or Your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use.
Arbitrator
Any arbitration between You and the Company will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions
YOU AND COMPANYAGREE 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.
Limitation on Time to File Claims
Questions
Reply
HELP to a text message to receive information about or assistance with our
Service, or for any other questions, contact a Company customer representative
at 1-888-569-2131.