READ THIS TERMS OF SERVICE AND USE AGREEMENT BEFORE ACCESSING FinalExpenses.Insure.
Welcome to FinalExpenses.Insure (referred to as “FinalExpenses.Insure”, “Web site”, “site”, “we”, “us”, or “our”). Access to and use of this site is provided subject to the following terms and conditions:
PLEASE READ THIS TERMS OF SERVICE AND USE AGREEMENT (“AGREEMENT”) CAREFULLY. YOUR USE OF THIS SITE, THE PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH FinalExpenses.Insure CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
BY ACCESSING OR USING ANY PART OF THE WEB SITE OR ITS PRODUCTS AND SERVICES (COLLECTIVELY, “SERVICES” OR “SERVICE”), YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE ALL OF TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS WEB SITE OR THESE PRODUCTS AND SERVICES.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at on this site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. NATURE OF SITE; CONSENT TO BE CONTACTED.
FinalExpenses.Insure and its affiliates, business partners, and/or licensors provide a service that allows you to input your information once and receive quotes or calls from one or more people/organizations. You understand and agree that if you request a product or service, such as final expense burial insurance, or any other service relating to savings offered through the Service, FinalExpenses.Insure will share your information with certain business partners and/or unrelated third-party companies to process and fulfill your request.
You further agree that by submitting information to FinalExpenses.Insure, you consent to allow business partners and third-party companies to contact you by telephone, email or mail, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, the internal Do Not Call List of a company, or any other Do Not Call List.
You understand that FinalExpenses.Insure business partners and unrelated third-party companies may maintain the information you submitted to FinalExpenses.Insure whether you elect to use their services or not. In the event you no longer want to receive communications from such a company, you agree to notify them directly.
2. IMPORTANT INFORMATION.
FinalExpenses.Insure does not provide any type of final expense burial insurance, quotes or advice. FinalExpenses.Insure, and its affiliates, business partners, and/or licensors help you locate unrelated third-party final expense burial insurance providers and service providers. FinalExpenses.Insure makes no representations or warranties concerning the qualifications or performance of these third-party companies. The information and locator services provided by FinalExpenses.Insure may not be suitable for your needs. Each service provider has its own eligibility requirements, terms and conditions, and fees for their services. Not all services are provided in all states.
3. USER OBLIGATIONS.
By installing, accessing, and using this Web site, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Web site, including, without limitation, when you use Services provided. If you provide any false, inaccurate, untrue, or incomplete information, FinalExpenses.Insure reserves the right to terminate your access and use of this Web site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Web site and agree not to interfere with the use and enjoyment of this Web site by other users and FinalExpenses.Insure’s operation or management of this Web site. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of FinalExpenses.Insure, when using this Web site.
4. DISCLAIMER REGARDING ACCURACY OF THIRD-PARTY INFORMATION.
FinalExpenses.Insure makes no warranties or representations whatsoever with regard to any product or service provided or offered by any third-party company, and you acknowledge that any reliance on representations and warranties provided by any third-party company shall be at your own risk.
5. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.
All programs, software, products, information, documentation, and information contained on or available through the Web site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, FinalExpenses.Insure does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, unauthorized use of this Web site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
This Web site is Copyright © 2016 Ya Solutions Inc and/or its licensors. All rights reserved. FinalExpenses.Insure also owns a copyright in the contents of the Web site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Web site. Any software and other downloadable or printable programs, information, video or materials available through this Web site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by FinalExpenses.Insure.
This Web site is provided by Ya Solutions Inc. This Agreement provides you, a User, with a personal, revocable, limited, non-exclusive, nontransferable license to use this Web site conditioned on your continued compliance with the terms and conditions of this Agreement. You may print and download materials and information from this Web site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This Agreement is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. You expressly acknowledge and agree that FinalExpenses.Insure transfers no ownership or intellectual property interest in and to the Web site to you or anyone else.
Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s), copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Web site.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY FinalExpenses.Insure TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
6. ENFORCING SECURITY ON THE SITE.
Actual or attempted unauthorized use of the Web site may result in criminal and/or civil prosecution. FinalExpenses.Insure reserves the right to view, monitor, and record activity on the Web site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Web site. FinalExpenses.Insure will also comply with all court orders involving requests for such information.
7. DISCLOSURE OF YOUR INFORMATION.
You acknowledge, consent and agree that FinalExpenses.Insure may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process and respond to governmental investigations; (ii) enforce the Agreement; (iii) respond to claims that any information, services, or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of FinalExpenses.Insure, its users and the public.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
FinalExpenses.Insure DOES NOT EVALUATE ANY COMPANY, ORGANIZATION, OR INDIVIDUAL, OR THEIR RESPECTIVE OFFERS, THAT ARE ACCESSIBLE THROUGH THIS WEB SITE. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, NOR ARE WE LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH RESPECT TO THE CONTENT OF THE SERVICE, THE WEB SITE, PROGRAMS, THIRD-PARTY COMPANIES, SERVICES OR ANY PRODUCTS ACCESSED THROUGH THIS WEB SITE. ANY FINANCIAL OR OTHER RELATIONSHIP ENTERED INTO BETWEEN YOU AND ANY THIRD-PARTY THAT AROSE FROM INFORMATION RECEIVED OR ACCESSED THROUGH THIS WEB SITE OR FinalExpenses.Insure IS SOLELY BETWEEN YOU AND THE THIRD-PARTY. FinalExpenses.Insure IS NOT A PARTY TO YOUR AGREEMENTS AND YOU ASSUME SOLE LIABILITY FOR ANY SUCH AGREEMENTS.
THE WEB SITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FinalExpenses.Insure MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FinalExpenses.Insure DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FinalExpenses.Insure SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, OR FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL FinalExpenses.Insure BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF OPPORTUNITIES, COSTS OF COVER, LOSS OF REVENUE, LOSS OF USE, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS WEB SITE, ITS SERVICES, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. Notwithstanding the foregoing, total liability for FinalExpenses.Insure for any reason whatsoever related to use of this site shall not exceed the total amount paid by you to FinalExpenses.Insure in connection with the subject matter of the particular dispute.
You agree to indemnify and hold FinalExpenses.Insure, its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising from your use of the FinalExpenses.Insure services or connection to the FinalExpenses.Insure Web site or your violation of this Agreement, or arising from your violation of any rights of a third-party, or other user of the Service using your computer, or of any intellectual property or any other right of any person or entity.
10. MODIFICATIONS AND INTERRUPTION TO SERVICE AND WEB SITE.
FinalExpenses.Insure reserves the right to modify or discontinue the Service or site with or without notice to you. FinalExpenses.Insure shall not be liable to you or any third-party should FinalExpenses.Insure exercise its right to modify or discontinue the Service. You acknowledge and accept that FinalExpenses.Insure does not guarantee continuous, uninterrupted or secure access to the site, services, or third-party companies, and operation of our site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
11. RESPONSIBILITY FOR USE.
Use of the Internet and FinalExpenses.Insure is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While FinalExpenses.Insure has endeavored to create a secure and reliable site, you should understand that the confidentiality of any communication or material transmitted to/from the site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of FinalExpenses.Insure may involve transmission over various networks. Accordingly, FinalExpenses.Insure is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on FinalExpenses.Insure, or for the consequences of any reliance on such information. Moreover, you agree to assume all risk and liability arising from your use of FinalExpenses.Insure, including the risk of a breach in the security of FinalExpenses.Insure. You assume sole and complete risk for using FinalExpenses.Insure.
Actual or attempted unauthorized use of the site may result in criminal and/or civil prosecution. FinalExpenses.Insure reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the web site. FinalExpenses.Insure will also comply with all court orders involving requests for such information.
12. NO ENDORSEMENT OF POSTINGS.
You must use your best judgment and reasonable caution in evaluating all third party postings or other content on the Web site. FinalExpenses.Insure does not endorse, oppose, or edit any opinion or information provided by a user or third party, with the exception of removing temporarily or deleting what appears to be potentially unlawful content or content otherwise prohibited under this policy. FinalExpenses.Insure does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, distributed by any user of, or third party contributing materials to, this Web site. FinalExpenses.Insure expressly disclaims all responsibility and liability for such postings, information, and materials.
13. PERMISSION TO USE POSTINGS.
The purpose of this Web site and the services, programs, software, products, materials, and information available through it is to help you find a final expense burial insurance provider from prospective partners participating in our direct network of final expense burial insurance providers (“participating final expense burial insurance provider”). By submitting information, content, and materials to a forum or other portion of this Web site or by otherwise using the Web site to transmit information, content, and materials, you automatically grant FinalExpenses.Insure a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such information, content, and materials (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, content, and materials. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this Web site, FinalExpenses.Insure has not become and is not a publisher of such information, content, and materials.
FinalExpenses.Insure welcomes your feedback and suggestions about how to improve this site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to FinalExpenses.Insure, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to FinalExpenses.Insure. In addition, any feedback received through this site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for FinalExpenses.Insure to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
15. MESSAGE STORAGE.
FinalExpenses.Insure assumes no responsibility for the deletion of or failure to store any message.
16. THIRD-PARTY PRODUCTS/SERVICES.
FinalExpenses.Insure, in its sole discretion, may post the advertisements of third parties on this Web site and/or feature materials, programs, products, and services provided by third parties. FinalExpenses.Insure makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Web site are solely between you and such third party. FinalExpenses.Insure expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through this Web site, and you agree that FinalExpenses.Insure shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Web site.
17. LINKS TO THIRD-PARTY SITES.
You acknowledge that FinalExpenses.Insure retains the right, at our sole discretion, to terminate access to this site at any time. FinalExpenses.Insure further retains the right to terminate access any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FinalExpenses.Insure reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FinalExpenses.Insure.
19. EVENTS BEYOND FinalExpenses.Insure’S CONTROL.
You expressly absolve and release FinalExpenses.Insure from any claim of harm resulting from a cause FinalExpenses.Insure’s control, including, but not limited to, the performance of third-party service providers, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
21. GOVERNING LAW.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the province of Ontario as applied to agreements entered into and completely performed in Ontario, without regard to conflict of law principles.
22. BINDING ARBITRATION.
23. NO CLASS ACTIONS.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
24. TERM AND TERMINATION.
This Agreement will take effect at the time you begin installing, accessing, or using this Web site, whichever is earliest. FinalExpenses.Insure reserves the right at any time and for any reason to deny you access to the Web site or to any portion thereof and to terminate this Agreement. This Agreement will terminate automatically if you fail to comply with the limitations described herein. Termination will be effective without notice. You may terminate at any time by ceasing to use the Web site, but all applicable provisions of this Agreement will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Web site in your possession.
The provisions concerning Consent to be Contacted, Proprietary and Intellectual Property Rights, Events beyond FinalExpenses.Insure’s Control, Confidentiality, Indemnity, Representations and Warranties, Disclaimer of Warranty; Limitation of Liability, Availability of Records, Admissibility of this Agreement, Termination, Statute of Limitations, and Governing Law will survive the termination of this agreement for any reason.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by FinalExpenses.Insure of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time.
A printed version of this Agreement and of any related 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.
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 the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
29. RELATIONSHIP OF PARTIES.
No joint venture, partnership, employment, or agency relationship exists between you and FinalExpenses.Insure as result of this Agreement or your utilization of this Web site.
30. RESERVATION OF RIGHTS.
Any rights not expressly granted by FinalExpenses.Insure herein are reserved.
31. ENTIRE AGREEMENT.
This Agreement, FinalExpenses.Insure’s Privacy and any related or associated service and product or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represents the entire agreement between you and FinalExpenses.Insure with respect to use of this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and FinalExpenses.Insure with respect to this Web site.
Please note that FinalExpenses.Insure reserves the right to change the terms and conditions of this Agreement and under which this Web site and its many offerings are extended to you. In addition, FinalExpenses.Insure may add or delete any aspect of this Web site. Your continued use of this Web site will be conclusively deemed acceptance of any change to this Agreement or the Web site.
32. CONTACT INFORMATION.
If you have questions regarding this Web site or if you are interested in obtaining more information concerning FinalExpenses.Insure please contact us at FEINasupport@yasbrandsupport.com. Please contact your third-party service providers for any questions about their products or services.
33. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
34. OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions may apply to the purchase of goods, participation in a particular program, and/or to specific portions or features of the Web site, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in a program, service, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Web site, including any areas to enable the on-line purchase of items or for any program or service offered on or through the Web site, the latter terms shall control with respect to your use of that portion of the Web site. FinalExpenses.Insure’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing herein should be construed to alter such terms, conditions, notices, and agreements.
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