Pawlicy Advisor Inc. ("Pawlicy,
" or "our
") welcomes you. We invite you to access our website, available at www.pawlicy.com, and the services we provide through such website (collectively, the "Site
"). IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THE AGREEMENT, THEN PLEASE DO NOT USE THE SITE OR ANY PORTION THEREOF.
THE SECTIONS BELOW TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the availability of the Site, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site or provide you with notice of the modification at the last email address you gave us. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Site.
USE OF OUR SERVICES
By accessing and/or using the Site, you hereby agree to comply with the following guidelines:
- You will access the Site solely for your personal, non-commercial use;
- You will not use the Site for any unlawful purpose;
- You will not access or use the Site to collect any market research for a competing businesses;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site;
- You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site, or any portion thereof, without notice.
You may view all content on the Site (the "Content") solely for your own personal use and not for any commercial use. We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access the Site automatically terminates and you must immediately destroy any copies you have made of the Site.
The trademarks, service marks, and logos of Pawlicy (the "Pawlicy Trademarks") used and displayed on the Site are registered and unregistered trademarks or service marks of Pawlicy. Other company, product, and service names located on the Site, including, without limitation, businesses offering insurance and insurance-related products, may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with Pawlicy Trademarks, the "Trademarks"). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Pawlicy Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
We welcome and encourage feedback and suggestions for improvement to the Site ("Feedback"). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
NO WARRANTIES; LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT ALTHOUGH THE SITE, OUR SERVICES, THE CONTENT, AND OTHER INFORMATION PROVIDED BY PAWLICY CAN BE USED AS AIDS TO HELP YOU MAKE INFORMED DECISIONS ABOUT PET INSURANCE AND INSURANCE-RELATED PRODUCTS, THE SITE, THE SERVICES, THE CONTENT, AND OTHER INFORMATION PROVIDED BY PAWLICY ARE NOT MEANT TO BE SUBSTITUTES FOR YOUR EXERCISE OF YOUR OWN JUDGMENT. ALL CONTENT AND OTHER INFORMATION PROVIDED BY PAWLICY ARE FOR INFORMATIONAL PURPOSES ONLY, AND DO NOT CONSTITUTE – AND SHOULD NOT BE CONSTRUED AS – PROFESSIONAL, VETERINARY, OR FINANCIAL RECOMMENDATIONS OR ADVICE. ALL DECISIONS ABOUT YOUR PET'S HEALTHCARE ARE MADE AT YOUR OWN DISCRETION AND ELECTION.
THE CONTENT AND ANY OTHER INFORMATION PROVIDED BY PAWLICY ARE NOT SOLICITATIONS TO DO BUSINESS WITH ANY INSURER, AND DO NOT CONSTITUTE PAWLICY'S ENDORSEMENT OF ANY INSURER OR VENDOR. IF THE SITE PROVIDES THE NAME OF AN INSURER OR VENDOR TO YOU BASED ON THE INFORMATION YOU PROVIDE, PAWLICY DOES NOT REPRESENT OR WARRANT THE SOLVENCY OR ABILITY OF ANY SUCH INSURER OR VENDOR, OR THAT SUCH INSURER OR VENDOR WILL BE SUITABLE FOR YOUR NEEDS, OR THAT OTHER INSURERS OR VENDORS MAY NOT BE SUITABLE FOR YOUR NEEDS. UNDER NO CIRCUMSTANCES SHOULD THE CONTENT OR THE SITE BE DEEMED AN ENDORSEMENT OF ANY INSURER OR VENDOR, OR AS STEERING A CONSUMER TO ONE INSURER OR VENDOR OVER ANY OTHER. PAWLICY DOES NOT GUARANTEE OR ENDORSE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE OR OTHER INFORMATION PROVIDED OR DISPLAYED ON THE SITE INCLUDING, WITHOUT LIMITATION, ANY PRICE QUOTES. WE ARE NOT OBLIGATED, UNDER ANY CIRCUMSTANCES, TO INVESTIGATE OR VERIFY ANY PRICES, DESCRIPTIONS, STATEMENTS, OR REPRESENTATIONS MADE BY INSURERS, VENDORS, OR OTHER THIRD PARTIES FROM WHICH WE OBTAIN INFORMATION FOR THE SITE. PRICE QUOTES ARE SUBJECT TO CHANGE AND PAWLICY IS NOT LIABLE FOR ANY CHANGES IN PRICE. ALL DECISIONS THAT YOU MAKE CONCERNING ANY INSURER OR VENDOR ARE AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, ALTHOUGH YOU ARE ABLE TO OBTAIN INFORMATION ABOUT PET INSURANCE AND INSURANCE-RELATED PRODUCTS ON THE SITE, PAWLICY ITSELF DOES NOT SELL INSURANCE OR INSURANCE-RELATED PRODUCTS, IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY INSURANCE PROVIDER OR VENDOR, AND PAWLICY HAS NO CONTROL OVER THE QUALITY OR SUITABILITY OF ANY INSURANCE PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WE MAY HAVE AGREEMENTS WITH INSURERS THAT ENTITLE US TO A REFERRAL FEE OR REFERRAL COMMISSION FROM INSURANCE PROVIDERS AND OTHER VENDORS UNDER CERTAIN CIRCUMSTANCES.
YOU ACKNOWLEDGE THAT THE SITE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SITE, OUR SERVICES, THE CONTENT, AND ANY OTHER INFORMATION PROVIDED BY PAWLICY ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND PAWLICY MAKES NO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT PAWLICY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION ANY LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES, OR ANY CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) WE SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100). NO COMMON-LAW CAUSE OF ACTION ARISING UNDER TORT, CONTRACT, OR WARRANTY RELATED TO THE SITE OR THE SERVICES, OR OTHERWISE ARISING UNDER THIS AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
The Site contains links to third-party websites including, but not limited to, those of insurance providers and product vendors ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. You understand and agree that by clicking an "enroll" "learn more" or "contact" button on the Site may automatically redirect you to an External Site of one of our insurers or vendors.
You will indemnify, defend, and hold Pawlicy, and our shareholders, members, officers, directors, employees, agents, and representatives (collectively, "Pawlicy Indemnitees") harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney's fees incurred by any Pawlicy Indemnitee in connection with a third-party claim, action, or proceeding (each, a "Claim") arising from (i) your breach of this Agreement including any use of the Site or related services in violation hereof; (ii) any insurance or insurance-related product that you purchase as a direct or indirect result of your use of the Site; or (iii) your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our: (x) promptly notifying you of the Claim; (y) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (z) providing you with sole control over the defense and negotiations for a settlement or compromise.
COMPLIANCE WITH APPLICABLE LAWS
The Site is based in the United States. We make no claims concerning whether the Site may be viewed or be appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
In the event of a dispute arising under or relating to this Agreement or the Site (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 12 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
CONTROLLING LAW; EXCLUSIVE FORUM
The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
If the Agreement is terminated in accordance with the termination provision in Section 9 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Intellectual Property," "Feedback," "No Warranties; Limitation of Liability," "Indemnification," "Compliance with Applicable Laws," "Termination of the Agreement," "Controlling Law; Exclusive Forum," and "Miscellaneous."
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects Pawlicy's intent. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2019 Pawlicy, Inc. All rights reserved.