Effective Date October 24, 2017
Description of the Services
InsureShack provides text message-based services such as product announcements, specials and promotions. You acknowledge and agree that the Services are for your personal use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of the Services, you must enter into an agreement with InsureShack to do so in advance. Please contact us for more information.
InsureShack occasionally provides links or access to websites, services or properties owned by third parties (collectively “Third Party Links”). InsureShack does not own or operate such Third Party Links and is not responsible for the content or performance of any Third Party Links. InsureShack does not share, rent or sell any Personally Identifiable Information with any third party.
To obtain help you may:
- Text HELP to 23084 to obtain help on your mobile phone.
- Email us at: contact@InsureShack.com
- Call us at: 1-866-214-7930 M-F 9am-5pm Pacific Time.
Terminating the Service
By You. You may terminate any of the SMS/texting services or subscriptions at any time by texting STOP to 23084.
By InsureShack. You agree that InsureShack, at its sole discretion, may at any time terminate your use of all or any portion of the Services and/or change its content offering made available through the Services, if InsureShack believes that you have violated or acted inconsistently with this Agreement. You agree that InsureShack shall not be liable to you or any third party for any termination of your access to the Services.
Frequency of Messaging
InsureShack alerts are delivered via text messaging to your mobile phone, 5 msgs/wk. The Wireless Carriers are not liable for delayed or undelivered messages.
Please note: Message & Data Rates May Apply.
License and Access
All rights not expressly granted to you in these Terms are reserved and retained by InsureShack, its affiliates, licensors, publishers, rights holders or other content providers. Your permission or license to access and use the site will be terminated if you use the Site or its services in an unauthorized way.
Site Modification or Suspension
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
This Site and the Content available on the Site are our property of or the property or our affiliates and licensors, and are protected by copyright, trademark and other intellectual property rights. Subject to the Terms, we grant you a non-exclusive non-transferable license to use the Site solely for your personal non-commercial use. You may not use the Site or the content available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you believe your work has been copied in a way that constitutes copyright infringement, please reach out to our Copyright Agent at contact@InsureShack.com or by postal mail at 1000 N. Green Valley Parkway #440-70, Henderson, NV 89074. Please provide the Copyright Agent with the following information regarding your claim:
- An electronic or physical signature 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 upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email 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;
- 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.
User Age Restrictions
You must be thirteen (13) years of age to use or register with the Site. Certain services offered on or through the Site may require you to be eighteen (18) years old, including purchasing products, entering into sweepstakes and participating in sampling and product gifting programs. If you are under 18 years of age, you are not permitted to use those portions of the Site or those services. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.
Registration is limited to one account per user and user is solely responsible for keeping your password secure and for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You shall immediately notify InsureShack of any unauthorized use of your password. By using the Site and/or accessing the services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions set forth in these Terms. This Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.
Your Comments Reviews and Other Content Posted:
You may have the opportunity to post comments, write reviews or provide other content on this Site (“Posted Content”). If you choose to post comments, reviews or other content on the Site you are representing that you are the owner of the content, or that you have the owner’s express consent to your posting or submission of that content. In addition, when you submit or post any content, you are granting the us and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such posted content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such content (in whole or in part), as modified by us in its sole discretion. This license is non-exclusive, except that you agree that we shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of constructing or populating a searchable database of product reviews. You acknowledge and agree that we and our partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you.
The foregoing shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any compensation for your Posted Content.
We expressly prohibit the posting of any comments, reviews or other content that is illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, political campaigning, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. We have the right but not the obligation to oversee and edit or remove any activity or content. We claim no responsibility and assume no liability for any content posted by you or any third party.
Third Party Content
Third parties not affiliated with us may offer services or products on the Site. We do not warrant or assume any responsibility or liability for the actions, offers or content of third parties who may have advertisements or links on our site. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes, Choice of Law, and Jurisdiction
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that InsureShack agreement to arbitrate claims constitutes consideration for such waiver.
Notwithstanding InsureShack’s right to modify these Terms, InsureShack agrees that any such modification to the dispute and/or arbitration requirements in these Terms shall not apply to claims arising prior to the date of such modification.
Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not permitted by applicable law, the parties waive all rights to trial by jury and waive all right to commence or participate in any class action, consolidated, representative or class proceedings.