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Terms Of Use

Effective August 24, 2020

Agreement between User and insured.io

Welcome to the Bluefire Insurance online Portal (the “Portal”). This Portal is comprised of various web pages operated by insured.io (“insured.io”). The Portal is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this Portal constitutes your agreement to all such Terms. Please read these Terms carefully review them periodically, as they may change from time to time, at the discretion of insured.io.

Privacy

Your use of the Portal is subject to insured.io’s Privacy Policy.

Please review our Privacy Policy, which also governs the Portal and informs users of our data collection and use practices.

Electronic Communications

Use of the Portal or sending emails to insured.io constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Portal, satisfy any legal requirement that such communications be in writing.

Use of Short Messaging Service (SMS) Short Codes

If you opt-in for SMS text alerts, receipts and/or other messaging related to the Services, we may send you messages via a shortcode (a six-digit code sent to you when you “opt-in” to SMS text messaging services). For SMS Short Codes provided un the Services hereunder, the following will apply:

1. When you opt-in to the Service, we will send you an SMS message to confirm your signup.

2. You can cancel the SMS service at any time. Just text 'STOP' to the short code. After you send the SMS message 'STOP' to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If at any time you forget what keywords are supported, just text 'HELP' to the short code. After you send the SMS message 'HELP' to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

4. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency and type may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to info@insured.io.

6. If you have any questions regarding privacy, please read our Privacy Policy.

Your Account

If you use this Portal, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer – or other device – and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that insured.io is not responsible for third party access to your account that results from theft or misappropriation of your account. Insured.io any its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children under 18

We do not knowingly collect information from anyone under the age of 18 (or such other age as may be restricted under law). If you are under the age of 18, you may not use the Portal without verifiable written permission from your parent or legal guardian.

Links to Third Party Sites / Third Party Services

The Portal may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of insured.io and insured.io is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Insured.io is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by insured.io of the site or any association with its operators.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Portal strictly in accordance with these Terms. As condition of your use of the Portal, you warrant to insured.io that you will not use the Portal for any purpose that is unlawful or prohibited by these Terms. You may not use the Portal in any manner which could damage, disable, overburden or impair the Portal or interfere with any other party’s use and enjoyment of the Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Portal.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Portal, is the property of insured.io or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Portal. Insured.io content is not for resale. Your use of the Portal does not entitle you to make any unauthorized use of any protected content. Further, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of insured.io and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Insured.io does not grant you any licenses, express or implied, to the intellectual property of insured.io or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Portal may contain bulletin board services, chat areas, news groups, calendars and/or other message communication facilities designed to enable you to communicate with your insurance company, related third parties and/or insured.io (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

International Users

The Service is controlled, operated and administered by insured.io from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the insured.io Content accessed through insured.io in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless insured.io, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Portal or services, your violation of any the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Insured.io reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with insured.io in asserting available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED OR AVAILABLE IN OR AVAILABLE THROUGH THE PORTAL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INSURED.IO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PORTAL AT ANY TIME.

INSURED.IO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INSURED.IO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSURED.IO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITIATION, DAMAGES FOR LOSS OF USE OR DATA, ARISING OUR OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PORTAL, WITH THE DELAY OR INABILITY TO USE THE PORTAL OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THE PORTAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INSURED.IO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUESNTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PORTAL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PORTAL.

Termination / Access Restriction

Insured.io reserves the right, in its sole discretion, to terminate your access to the Portal and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Portal. Use of the Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment or agency relationship exists between you and insured.io as a result of this agreement or use of the Portal. Insured.io’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is a derogation of insured.io’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Portal or information provided to or gather by insured.io with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between, you, the User, and insured.io with respect to the Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and insured.io with respect to the Portal. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms