Thank you for your interest in CarGuardia and our related entities (collectively, "CarGuardia", "we",or "us"). CarGuardia provides the website at CarGuardia.com (the "Website"), along with related websites and applications and communication channels (including online chat and telephone call centers) and facilitates services related to insurance agent and representatives, marketing, management, and analytics (collectively, together with the Website, the "Services").
BY USING THE WEBSITE OR BY USING THE SERVICES, USERS (ON BEHALF OF THEMSELVES AND THEIR ENTITIES, COLLECTIVELY "YOU") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, INCLUDING THE CARGUARDIA PRIVACY POLICY (TOGETHER, THE "TERMS").
These Terms provide that all disputes between you and CarGuardia will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Please review Section 11 for the details regarding your agreement to arbitrate any disputes with CarGuardia. The Terms contain your agreement that CarGuardia may (1) call and text you regarding CarGuardia's Services, and (2) monitor and record any telephone calls made or received by CarGuardia for business purposes of CarGuardia or its subsidiaries, employees, contractors, agents, business partners (including those listed here) or other third parties permitted to receive your information under the CarGuardia Privacy Policy (collectively, "Affiliates"), including for quality assurance purposes. Please review Section 3 below and our Privacy Policy for more details.
CarGuardia provides insurance services where consumers and businesses can research and shop for auto insurance and related products and services. CarGuardia is not an insurance company. It introduces users to insurance providers and related products offered by third parties. CarGuardia does not endorse any particular insurance plan, provider, or agent. Any information provided about any specific insurance plan, provider, or agent shall not be construed as an endorsement by CarGuardia.
You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms individually and on behalf of that organization.
If you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. By registering for an account, you give consent for us to share your information with our partners. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at help@carguardia.com. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or service found on or obtained from the Website. No license or right in any copyright of CarGuardia or any other party is granted or conferred to you.
By providing CarGuardia with a telephone number and other contact information when registering for an account, you agree to receive communications, including via-email and calls (including text messages and calls made using an auto-dialer or prerecorded voice message), from or on behalf of CarGuardia and its Affiliates at the email address or telephone number you provided, even if that number is on a National or State Do Not Call List. Calls may be for information and marketing purposes, such as to provide you with information about CarGuardia's Services and your insurance and provider options, for assistance with applications and other inquiries, and to provide reminders of deadlines. You are not required to provide your consent to these calls as a condition of any purchase on or through CarGuardia, and you may revoke any consent for marketing messages, phone calls or text messages as described below. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. CarGuardia may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes.
If you wish to opt out of marketing emails, you can unsubscribe by following the unsubscribe options in the email itself. If you wish to opt out of texts, you may reply stop from the mobile device receiving the messages. If you wish to opt out of marketing calls or calls to a wireless number, then you may make a do not call request either during a call you receive from us or by calling back the phone number provided during the call. To opt out of such texts or phone calls, you may also email us at help@carguardia.com with a request to stop receiving such texts or calls at a specified phone number.
You understand and agree that you may: (a) continue to receive communications while CarGuardia processes your opt-out request, (b) receive a communication confirming the receipt of your opt-out request, and (c) after opting out of receiving marketing messages, continue to receive certain non-marketing communications by email or to a non- wireless number, such as confirmations or updates related to your account, insurance application or policy, or transactions through the Services.
You may correct or update your contact information, by contacting us at help@carguardia.com. Additionally, once you have created an account with us online at www.CarGuardia.com or one of our other sites on the Services that allow account creation, you may update your name, email address, phone number (if part of your account) and password by clicking on the "My Account" or "Log In" or similar link on the Website and signing in using your email address and password.
BY USING THE SERVICES YOU AGREE NOT TO:
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CarGuardia, subject to copyright and other intellectual property rights under the law.
The Services may contain links to third-party websites or resources. You acknowledge and agree that CarGuardia is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CarGuardia of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARGUARDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARGUARDIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.
You agree to indemnify and hold CarGuardia, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
CarGuardia reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. CarGuardia may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall be subject to these Terms.
All disputes arising out of or relating to these Terms, the Services, or your relationship with CarGuardia shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions.
ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CARGUARDIA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The arbitration shall be conducted in the English language. The arbitral award may be enforced in any court of competent jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
If you have any questions about these Terms, please contact us at help@carguardia.com.