TERMS OF SERVICE

CompareApply is a website that provides their customers an efficient solution for obtaining quotes from multiple insurance companies or agents.

The following is a legal agreement between you the user and CompareApply, which shall include CompareApply’s parent companies, which shall govern your use of the CompareApply website (the "Website"). Agreement to all terms and conditions in this document and other incorporated rules and policies, including but not limited to the Privacy Policy (hereinafter collectively referred to as the "Agreement"), is required to access or use the Website. If you do not agree to all terms and provisions in the Agreement, you are not authorized to access or use the Website. Please read this document and other incorporated policies carefully before accessing and using any part of the Website.

YOUR ACCEPTANCE OF THE AGREEMENT BY USE
You agree to be bound by the Agreement if you access or use any part of the Website at any time whether or not you provide any information to CompareApply via this Website. You also agree to have the Agreement provided to you in electronic format and agree to receive information electronically.
CONSENT TO CHANGES TO THE AGREEMENT
CompareApply may modify the terms and conditions of this Agreement from time to time, which changes will be effective upon posting. Your continued use of the Website after posting of the changes means that you understand and agree to the changes. Therefore, it is important that you review the posted Terms of Use regularly to ensure that you are aware of and in compliance with the current Terms of Use. If you do not consent to the new Agreement, you are not authorized to access or use the Website and must cease access and use of the Website.
YOUR WARRANTY
You represent, warrant, and covenant that (1) you have the legal capacity and authority to enter into this Agreement; (2) all statements about your personal information are current, true and accurate; (3) you will update your personal information if it becomes inaccurate; (4) you will use the Website and other services in strict accordance with this Agreement and all applicable city, state, and federal government laws, regulations, and ordinances; (5) you will not infringe or misappropriate the intellectual property rights of CompareApply or other third parties; (6) you will not make material misrepresentations of fact or defamatory statements about people, services, products or goods.
USE OF WEBSITE SERVICES
To use the Website's services you must be (1) 18 years of age or older at the time of use, and (2) mentally competent to consent to the Agreement and comply with its terms and conditions. This website is only intended for citizens and legal residents of the United States of America. Use by any other person is prohibited.

When using the Website, you must fill in all mandatory fields with true, accurate, complete and current information about yourself. CompareApply may suspend or terminate your use if, in its sole discretion, suspects that your information is incomplete, inaccurate or untrue.

Registration and use of the Website is void where prohibited.
INTELLECTUAL PROPERTY
The Website contains logos, graphics, trademarks and service marks and other content that are owned by CompareApply and other third parties. The Agreement does not give you the right to use, display, copy, or reproduce in any way any of these logos, marks, or graphics. This Agreement does not transfer to you any intellectual property or other proprietary rights. CompareApply maintains all rights, title, and interest to its intellectual property and other content.
DMCA NOTICE AND TAKEDOWN PROCEDURE
CompareApply respects the intellectual property rights of others and expects users to do likewise. CompareApply complies with the provisions of the Digital Millennium Copyright Act ("DMCA") and responds to allegations of copyright infringement in notices that comply with the provisions of the DMCA. As part of our DMCA compliance, we may take down, remove or disable access to allegedly infringing website content. Then, pursuant to the DMCA, we will make a good-faith attempt to contact the Website user who posted the content to allow them to make a counter notification.

CompareApply has established a Designated Agent with the US Copyright Office. The contact information for our Designated Agent is as follows:

CompareApply DMAC Compliance
1624 Market Street Suite 226, #25462
Denver, CO 80202-1559

If you are a copyright owner or agent of a copyright owner and believe that any content on the Website infringes your copyrights, you may request that such content be removed from the Website by submitting a notification pursuant to the DMCA.

To request removal of any content that you believe infringes your copyright, please send a written notice ("Notice") to our Designated Agent:

By Mail:

CompareApply DMAC Compliance
1624 Market Street Suite 226, #25462
Denver, CO 80202-1559

Your written Notice must contain all of the following information:
1. your full name, address, telephone number, and email address;
2. a description of all copyrighted works claimed to be infringed sufficient for identification of the works;
3. a description of where the works claimed to be infringed are located on the Website including a link to the works;
4. your statement that you have a good-faith belief that use of the works in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. a statement under penalty of perjury that the information you have provided in your Notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
6. your physical or electronic signature.
You understand and acknowledge that if your Notice does not comply with all of the above requirements, your DMCA Notice may not be valid. Also, note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability.

Content posted by users is the responsibility of the user and not CompareApply.
DMCA COUNTER-NOTIFICATION
If you believe that your user content has been erroneously removed because it was improperly identified as violating a copyright, you may send us a counter notice to have your user content re-posted ("Counter Notice").

If you choose to send a Counter Notice, you must send a written Counter Notice to our Designated Agent at the address listed below:

By Mail:
CompareApply DMAC Compliance
1624 Market Street Suite 226, #25462
Denver, CO 80202-1559

Your written Counter Notice must contain all of the following information:
1. your full name, address, telephone number, and email address;
2. identification of Your User Content that has been removed or to which access has been disabled and the location at which Your User Content appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. a statement that you consent to jurisdiction of Federal District Court for the judicial district in which you are located (if you live outside of the United States, for the Northern District of Colorado), and that you will accept service of process from the person who provided the notification of infringement;
5. your physical or electronic signature.
You understand and acknowledge that if your Counter Notice does not comply with all of the above requirements, your DMCA Counter Notice may not be valid. Also, note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

CompareApply will terminate registration of repeat alleged infringers.
PRIVACY POLICY
The Website's Privacy Policy is incorporated into this Agreement by reference.
DISCLAIMER OF WARRANTIES
USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PRESENTED "AS IS." COMPAREAPPLY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATED TO THE WEBSITE, LINKED SITES, OR ANY CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGHOUT THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPAREAPPLY EXPRESSLY DISCLAIMS REPRESENTATIONS AND WARRANTIES OF ANY AND ALL KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO: (a) WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (b) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR WARRANTY OF TITLE; (c) WARRANTIES RELATING TO TRANSMISSION OR DELIVERY OF THE WEBSITE OR THAT USE OF THE WEBSITE WILL BE CONTINUOUS OR UNINTERRUPTED OR AVAILABLE AT A PARTICULAR TIME OR IN A PARTICULAR LOCATION; (d) WARRANTIES RELATED TO THE ACCURACY, COMPLETENESS, SAFENESS, RELIABILITY OF THE WEBSITE CONTENT WHETHER POSTED BY COMPAREAPPLY, A USER, OR BY COMPAREAPPLY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THE WEBSITE OR ASSOCIATED SERVICES; AND (e) WARRANTIES RELATING TO PERFORMANCE, CORRECTION, CHANGES, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY COMPAREAPPLY OR ANY OTHER PERSON OR ENTITY.

COMPAREAPPLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ERROR, DELETION, OMISSION, OR DEFECT IN WEBSITE CONTENT OR ITS TRANSMISSION; FOR DAMAGE TO YOUR COMPUTER OR EQUIPMENT FROM YOUR USE OF THE WEBSITE; AND THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR INFORMATION OR CONTENT.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPAREAPPLY, ITS PARENT COMPANIES AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY FOR INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS, LOSS OF REVENUE, INCOME OR ANTICIPATED PROFITS OR SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, (EVEN IF COMPAREAPPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO DAMAGES ARISING OUT OF OR RELATED TO WEBSITE ACCESS, USE, MISUSE, CONTENT, TRANSMISSION, OPERATION OR WEBSITE USER CONDUCT INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO PAIN AND SUFFERING, EMOTIONAL DISTRESS, PHYSICAL INJURY OR TRADEMARK, COPYRIGHT OR PATENT INFRINGEMENT AND TRADE SECRET MISAPPROPRIATION.

YOU AGREE TO RELEASE COMPAREAPPLY, ITS PARENT COMPANIES AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE WITH ANOTHER USER OF THE WEBSITE.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless CompareApply and its parent companies and their directors, officers, employees, and agents against any and all claims, demands, or suits brought by any party including but not limited to all expenses, costs, losses, liability, reasonable attorney fees and court costs, arising out of or related to your access and use of the Website, including but not limited to a breach of a warranty or covenant of this Agreement or Content that is posted, uploaded, or associated with the Website.
TERMINATION
This Agreement will continue to apply until you or CompareApply terminate it. You may terminate this Agreement at any time by ceasing to access and use the Website.

Your use of the Website may be terminated at anytime without prior notice, with or without cause for any reason, including but not limited to CompareApply's determination that you have breached this Agreement. Termination of your access and account is at the sole discretion of CompareApply.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination of this Agreement.
OUR SERVICE
This website is an internet shopping service and does not provide a substitute for professional advice from a licensed insurance agent. To be clear: CompareApply is not a party to any insurance transaction initiated through this website; CompareApply is not an insurance company; CompareApply is not an insurance agency; CompareApply does not provide any professional advice about insurance. It is your responsibility to make your own choices about your insurance coverage including the carrier you select, the agent you select, and any choices you make about your coverage or lack thereof. Any link, phone number, or other way of accessing an insurance company or agency provided on this website may be sponsored.
JURISDICTION AND CHOICE OF LAW
This Agreement and any use of the Website shall be governed by and construed under the laws of the State of Colorado, without regard to its conflict of laws provisions. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in the State of Colorado. In the event that you submit your personal information to this Website in order to receive an insurance quote, you will have thirty (30) days from the date of such submission to opt out of this arbitration provision by submitting an opt out notice to the following address:

CompareApply, Arbitration Opt Out
1624 Market Street Suite 226, #25462
Denver, CO 80202-1559

YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using The WEBSite you consent to these restrictions.

You and CompareApply shall select the arbitrator, and if you and CompareApply are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and CompareApply and your and CompareApply's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Should a dispute arise and should the arbitration provisions in this Agreement become inapplicable or unenforceable, or in any instance of any lawsuit between you and CompareApply, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the State of Colorado. In such event, you expressly submit to personal jurisdiction and venue in any Colorado court and will not object to such jurisdiction on the ground of forum non conveniens or otherwise.
ASSIGNMENT
You may not assign this Agreement or delegate its duties. CompareApply may assign this Agreement (and any license contained in it) to any person or entity without condition.
WAIVER
No waiver of any term or condition of or any breach of this Agreement or of any part of it, shall be deemed a waiver of any other term or condition or of any later breach of the Agreement or of any part of it.
ENFORCEABILITY
If any provision of this Agreement is found to be unenforceable, void, or unlawful, that provision is severed from this Agreement and does not affect the enforceability and validity of this Agreement or any of the other provisions.
ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between the parties and supersedes all other agreements, promises, representations, and negotiations, whether written or oral, between the parties regarding the subject matter of the Agreement.