WeSure Digital Insurance Services, Inc.
Terms of Service

WeSure Digital Insurance Services, Inc. Terms of Service

These Terms of Service (“Terms of Services”) are a legally binding and enforceable agreement between WeSure Digital Insurance Services, Inc., a Delaware Corporation (“WeSure”, “we”, ”our”, or “us”) and users who access and browse our website available at: (“Visitors” and “Website” respectively); and (ii) users of our services made available through the Website (“Customers”), including the ability to be provided with quotes and purchase insurance policies (collectively with the Website shall be referred to as the “Services”).

Visitors and Customers shall be collectively referred to herein as “user/s”, “you” or “your”. Each of WeSure and the user shall be also referred to as a “party” and collectively as the “parties”.

These Terms of Service, together with our Privacy Policy incorporated herein by reference and constitutes an integral part hereof (collectively the “Terms”), governs any use of our Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS OF SERVICE FURTHER INCLUDES A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

ACCEPTANCE OF THESE TERMS OF SERVICE:

BY ACCESSING, BROWSING OT OTHERWISE USING OUR WEBSITE AND SERVICES, INCLUDING BY SUBMITTING A REQUEST TO RECEIVE A QUOTE OR PURCHASING POLICIES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OR PART OF THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND SERVICES.

  1. Scope of Services, Licenses & Carriers and Sub-agents We Currently Use
    WeSure Digital Insurance Services, Inc. is a licensed insurance producer and operates as a Managing General Agency (MGA) in various U.S. states. Such states and the applicable licenses can be found HERE. This Website and our Services are not intended as a solicitation for insurance in any state or province where WeSure is not licensed.
    WeSure acts as a Managing General Agency (MGA) that represents insurance companies to whom it will submit your insurance application and from whom it will procure your insurance coverage. The carrier we currently use that will bind you is AmTrust North America, Inc.We also use third-party retail sub-agent partners and sub-agency partners that might represent us. As part of our Services, we provide you with the ability to submit a request to receive a quote (“Quote Application”) for the insurance policies that we may offer from time to time, at our sole discretion, as well as to make an online purchase of insurance policies (“Policy/ies”).
    Our Services are intended for use for those areas in the United States where we, our affiliates, our partner insurers, our brokers, our agents, or our sub-agents are licensed and permitted to sell our or our partner insurers’ Policies’. Although our Services may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.
     
    Please further note that submission of a Quote Application does not obligate us to offer a quote, and we may, at our sole discretion and according to our internal considerations and policies (subject to applicable laws), determine the scope of and type of our quotes, as well as if you are eligible for a quote or Policy. Any offered quote is applicable solely for the that specific time it was provided to you, and might change thereafter, without liability to you, and in any event, shall not bind WeSure unless and until a Policy purchase was completed.

    In addition, coverage is provided by various insurance companies and is subject to the terms and conditions contained within your specific Policy. The availability of coverage under your specific Policy depends on the policy language, the facts of the claim and the law of the jurisdiction governing the interpretation of the Policy. You must read such terms carefully prior to completion of the Policy purchase process. It is your responsibility to ensure you fully understand and agree to such terms.

    Your Policy may be canceled or nonrenewed for reasons in accordance with state regulations including termination of the policy for a single claim or loss where allowed.

    Any quotes and Policies are based on the information you provide us through the Services, including Quote Application. Thus, you hereby represent and warrant that all information you provide is true, accurate and complete and that if you are acting on behalf of a business entity or any third party, you have the authority to submit a Quote Application or purchase a Policy on behalf of such entity or third party and bind them to these Terms of Services. You agree to promptly notify WeSure of any changes in the information provided or any other material changes that could impact your use of the Services.

     

     

     

    The products and issues involved in understanding, evaluating, purchasing and managing your policies are complex and involve advice specific to your needs. You are under no obligation to purchase any insurance product in exchange for submitting a Quote Application.

     

     

     

     

    By submitting a Quote Application or purchasing Policy, you authorize WeSure, as well as its agents, sub-agents and representatives, to obtain consumer reports covered under the Fair Credit Reporting Act (“FCRA”) from a credit reporting agency of WeSure’s choice. You consent to WeSure, from time to time, obtaining and reviewing consumer reports in order to assess the insurability, or for any permissible purpose under the FCRA, with respect to you or the company or organization that you represent and/or own or operate. You understand that, pursuant to the FCRA, if any adverse action is taken based upon your consumer report, WeSure will alert you to this fact and send you a summary of your rights.

     

     

  1. Fees and Charges
    You may choose to purchase Policies from us while using our Services, which may result in charges and fees to you, including but not limited to policy, billing, installment, service, cancellation, credit card, bank, reinstatement, late payment, and non-sufficient funds fees separate from any commissions that WeSure may receive.Some of these fees are fully earned upon binding each of your Policies, whether you pay it in full at policy bind, or in installments and at each renewal. We will inform you in advance of any such charge or fee.
    By submitting payment information for an accepted method of payment including electronic transactions (“Payment Method”) through our Services, you authorize us to charge you these agreed-upon amounts, as well as any applicable taxes to your Payment Method. You will not be entitled to any refund of charges, fees, or taxes except as expressly provided herein, or as required under applicable law. You may choose to use a credit card or a bank account as a Payment Method to pay for charges, fees, and any appliable taxes in connection with our Services. Should you choose to do so, you warrant that you are authorized to use such a credit or bank account for this purpose. Should you use a credit or bank account without authorization, in whole or in part, you will remain responsible for any outstanding balance, and we may alert the appropriate authorities of your misuse.
    Policy coverage is either annual (12 months), or short-term (6 months to 11 months). You may choose to pay in monthly installments or annually based on the available payment plans we may offer, at our discretion. By choosing to pay monthly and providing or designating a Payment Method, you authorize us to charge you each month at the monthly rate, and any other charges you may incur in connection with our Services, such as taxes and fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to changing or adding products or services, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. For installments, we will automatically bill your Payment Method each consecutive month on the calendar day corresponding to the date of your first payment for the duration of the chosen payment/installment plan. We reserve the right to change the timing of our billing, in particularly, as indicated below, if your Payment Method has not successfully settled. In the event your first payment occurred on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if your first payment was on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. We may authorize your Payment Method in anticipation of product or service-related charges. As used in the Terms of Service, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle. You further agree and consent to WeSure continuing to debit the same payment instrument upon renewal or similar event, if applicable.

    We may enable you to update certain Payment Method online through our Website or by calling our customer support, provided however that those updates are currently limited to updating the credit card initially used for payments, however you will not be able to switch between different types of Payment Methods (e.g., credit card and bank accounts). If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not take action to edit your Payment Method information with us or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. WeSure reserves the right to retry payment on your Payment Method on file until the amount owed is settled. For certain Payment Methods, the issuer of your Payment Method may charge you a transaction fee or other charges. Check with your Payment Method service provider for details.

    In certain cases, your premium payment may not bind coverage until the insurance carrier approves your application. In the event that the insurance carrier does not approve your application, your premium payment will be refunded.

    You may request to cancel your Policy at any time online through our Website or by emailing or calling our customer support. If you cancel your Policy, we will stop your monthly payments and will not further charge your Payment Method.

    You will not be charged any interest, finance fee, or other type of finance charge. You agree that if you do not make a scheduled payment when due, we have the right to request cancellation of your Policies. To avoid cancellation of your Policies, please be sure to make your monthly insurance premium payments on time.

    WeSure and its partners may directly or indirectly receive commissions, fees, or interest as compensation for their services or products, or for holding capital. If you have any questions regarding the nature or amount of the compensation paid to WeSure or its partners, we encourage you to contact us.

  1. Consent to Receive Electronic Information & Copies of Insurance Documents
    By using our Services, you consent to receive all insurance documents in electronic form only to an email address you provide, except where electronic delivery is not allowed by law or regulation.You can access your Policy documents and related information via any contemporary web browser on an internet-connected device such as a tablet, mobile phone, or PC/laptop. If you are unable to gain access to one of these devices, you are able to call WeSure at (929) 909-6262 and one of our agents can provide you with a physical copy.

    You agree that any document or electronic information delivered through the Services by “clicking” on the designated spaces in or relating to such document shall be deemed to be “in writing” and to have been “signed” and delivered for all purposes by you. Any record of such confirmation (including, without limitation, electronic records) shall be deemed to be “in writing.” You further agree that you shall not contest the legally binding nature, validity or enforceability of any document or confirmation based on the fact that it has been executed by “clicking” on the designated spaces and expressly waives any and all rights you may have to assert such a claim.

  1. Your Representations and Warranties & Use Restrictions
    By using our Services, you represent and warrant to us that: (i) you are at least 18 years of age and you are eligible to enter these Terms of Service; (ii) you are authorized to purchase and bind the terms of the Policy on behalf of the entity applying for coverage.Our Services, as well as their underlying processes, related content, and generated data, may not be used for personal, family, household, informational, or non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Services or their underlying processes, related content, or generate data without WeSure’s express written consent. Your use of our Services is not transferable by you to any other person or entity.

    You are responsible for anything you transmit to or through WeSure’s Website or to WeSure through service any means of communication. By using the Services, you agree that it is solely your responsibility to avoid certain activities that we deem, at our discretion, to be prohibited. These prohibited activities include without limitation:

    • Criminal activity or tortious activity, including (i) fraud or misrepresentation, (ii) harassment (such as verbal harassment), (iii) infringement or misappropriation of a third party’s copyright, trademark, patent, trade secret, or other intellectual property, (iv) slander, libel, defamation, or use of content that is obscene, pornographic, vulgar or offensive, (v) use of content that promotes discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group, and (vi) content that promotes illegal or harmful activities or substances;

    • Advertising to, or solicitation of, any user to buy or sell any products or services;

    • Attempting to impersonate, or impersonating, another user or entity;

    • Using a false email address, phone number, postal address, or contact information. You are also prohibited from using an email address, phone number, address or contact information of another entity or person without authorization;

    • Attempting to access or search the Services or engaging in any automated use of the Services, such as using scripts, spiders, crawlers, data mining tools, or the like to collect data, send comments or messages, post on forums, and/or request information;

    • Attempting to probe, scan, or test the vulnerability of any WeSure system or network, or breach any security or authentication measures;

    • Interfering with, disrupting, or creating an undue burden on our Services or the underlying networks;

    • Avoiding, bypassing, removing, deactivating, impairing, descrambling otherwise circumventing any technological measure implemented by WeSure or any of WeSure’s providers or any other authorized third party to protect the Services;

    • Using mega tags or other hidden text or metadata utilizing a weSure trademark, logo, URL, or product name without WeSure’s express written consent;

    • Using information or scraping information from our Services for any purpose whatsoever;

    • Using the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Service;

    • Using the Services to send altered, deceptive, or false source-identifying information;

    • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;

    • Interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, or spamming the Services;

    • Collecting or storing any personally identifiable information from the Services from other users of the Services without their express permission;

    • Using our Services in a manner inconsistent with any and all applicable laws and regulations; and

    • Encouraging or enabling any other individual to do any of the foregoing.

  1. No Legal or Professional Advise & Non Endorsement.
    WeSure makes no representations or warranties about the suitability of the content of its Website (“Content”) for any purpose. WeSure provides all content of its Website on an “as is” and an “as available” basis without any warranty of any kind.
    Our Services offer a platform that may provide you with access to Content detailing information related to third party providers of products and services. We do not endorse or recommend any of these providers, and do not act as an agent with respect to such providers or with respect to you. We do not investigate, guaranty or certify that such providers are appropriately licensed, certified, or otherwise qualified to offer these products and services. You agree that you are solely responsible to investigate these providers, and that you are solely responsible and liable for any products or services they may provide you that may give rise to costs, damages, liabilities, fees, or fines. We suggest that you consult financial advisers, insurance agents, or other qualified professionals who may be fully aware of your individual circumstances and needs prior to making any financial or insurance purchasing decisions. You agree that you are relying solely on your judgment and that of your advisors in purchasing products or services through our Services or based on information provided by our Services.Any information you access on this Website does not constitute a recommendation, advice, or complete description of any products, Services, or plan. You must not rely on the Content as an alternative to legal advice from an attorney nor should you delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action based on the Services or Content.
  1. Disclaimers and Limitations on Liability
    WeSure makes no warranty of any kind whatsoever – express or implied – with respect to the contents of its Services. WeSure hereby disclaims any and all implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. You expressly agree that your use of our Services is at your sole risk. It is solely your independent duty and responsibility to verify and evaluate the accuracy, correctness, reliability and completeness of ANY Services. We make no warranty or guarantee that any content available for downloading is free from infection from any computer programming or other glitches which may contaminate damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees – express or implied – regarding quotes or offers provided on or through our Services.We further make no representations, guarantees, or warranties that our Services are appropriate or available for use in jurisdictions outside of the United States of America. If you access or otherwise use our Services from these jurisdictions, you do so of your own volition and risk, and are solely responsible for compliance with local and international law. WeSure does not provide Services to governments, governmental agencies, businesses, individuals, other groups, or any of their agents that are subject to U.S. trade sanctions. By using the Services, you represent and warrant that you are not subject to any U.S. trade sanctions.

    WeSure will not be held liable to anyone for any liability arising out of, or in any way relating to, any damages, loss, or claim whatsoever, no matter how occasioned, in connection with or arising out of access to or use of the contents of its Services.

    USE OF THE SERVICES, THE CONTENT AND ANY MATERIALS OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WESURE MAKES NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE, THE SERVICES AND/OR THE CONTENT WHICH ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”. WESURE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. WESURE FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, ADEQUACY, COMPLETENESS OR TIMELINESS OF ANY OF THE CONTENT ON THIS WEBSITE, AND FURTHER EXPRESSLY DISCLAIMS LIABILITY RESULTING FROM OR ARISING OUT OF ANY ERRORS OR OMISSIONS CONTAINED IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THIS WEBSITE.

    WESURE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE REQUIRED BY APPLICABLE LAW. WESURE DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY CONTENT OR OTHER INFORMATION PUBLISHED THROUGH THE SERVICES.

    UNDER NO CIRCUMSTANCES WILL WESURE BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS OR OTHER INTANGIBLE LOSSES) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WESURE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING OUT OF OR RELATING IN ANY WAY TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES OR CONTENT LINK; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SITE; (F) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE) TO SUBMIT QUOTE APPLICATIONS; (G) ANY ACTIONS ASSOCIATED WITH THE SUBMISSION OR HANDLING OF A CLAIM; (H) ANY ACTIONS ASSOCIATED WITH THE DELAY IN ISSUING ANY CERTIFICATE OF INSURANCE OR THE HANDLING OR TRACKING OF CERTIFICATES OF INSURANCE;

    YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO DISCONTINUE USING THE SERVICES OR ACCESSING THE CONTENT. IN NO EVENT WILL WESURE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED THE AMOUNT OF COMMISSION, FEE OR OTHER RENUMERATION EARNED BY WESURE FOR PROVIDING SERVICES TO YOU FOR THE TWELVE MONTHS PRIOR TO THE ALLEGED ACT CAUSING DAMAGES.

  2. Monitoring of Services, Modifications & Access Restrictions
    We reserve the right, but have no obligation to, monitor our Services for your or third party violations of the Terms of Service, take appropriate legal action against anyone who violates the Terms of Service, refuse or restrict access to or availability of any user’s interaction with the Services, remove the Services, or otherwise disable all files and content at our discretion, and otherwise manage the Services in order to protect the rights and property of weSure and its customers and sub-agents.We may change the Services or Content, or otherwise restrict access to all or parts of our Services without providing notice at our discretion, as permitted by law.

    WeSure is constantly changing and improving its Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. We may terminate, suspend, change, or restrict access to all or any part of the Services, in each case without notice or liability.

    WeSure also reserves the right to limit the availability of the Services or the provision of any Content to any person, organization, geographic area or jurisdiction, at any time and in its sole discretion.

  1. Third-Party Services and Links
    WeSure may make branded services of third-party vendors available to you to help manage your risks (“Third-Party Services”). Although these Third-Party Services may be billed through WeSure, WeSure assumes no liability for the Third-Party Services or any disputes associated with any Third-Party Services.WeSure may provide, or third parties may provide, links to other websites or resources on the Internet. You acknowledge and agree that WeSure is not responsible for the availability of such external websites or resources, and WeSure does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. WeSure strongly encourages you to review any separate terms of use and privacy policies governing use of any third-party websites and resources.
  2. Intellectual Property Rights
    Our names, graphics, and logos used in connection with our Services, service marks, icons, page headers, page layouts, scripts, and unique terminology are our trademarks and trade dress (collectively, “Proprietary Marks”) in the United States and other countries. You may not use our Proprietary Marks without our express and written permission. WeSure makes no proprietary claim to any third-party names, trademarks, or service marks appearing on our Services as the rights related to these names, trademarks, or service marks belong to their respective owners. Any Content our Services, including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our suppliers. All software used in providing or supporting our Services (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights. You are solely liable for any damages arising from your infringement of our or any third-party intellectual property rights with respect to the Proprietary Marks, Content, Software, or third-party names, trademarks or service marks. You are solely responsible for any harm incurred to us or our affiliates as a direct or indirect result of you copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of these Terms of Service.
  1. Privacy & Data Collection
    You consent to and agree that WeSure may collect data and Personal Data, as defined under our Privacy Policy, from you even though we may not be able to offer you any available products or services for purchase. We will use such data as described under our Privacy Policy, and if you voluntarily provide us with any information about yourself or a third party, you agree that WeSure reserves the right to use that data for market analysis, advertising, or other commercial purposes, as described therein.
  2. Indemnification and Hold Harmless
    You agree you will indemnify, defend, and hold harmless WeSure and its employees, representatives, suppliers and agents from and against any claims, suits, actions, costs, fines, demands, liabilities or damages, including attorneys’ fees and costs, incurred by WeSure in connection with, arising out of or in any way related to your use of the Services in violation or alleged violation of the Terms of Service, including, without limitation, your violation or alleged violation of any applicable law; WeSure reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
  3. No Third-Party Beneficiaries
    The Terms of Service are between you and WeSure, and no provision within the Terms of Service confers any implied or express right to any third party. The Terms of Service do not provide you with any authority to bind WeSure in any way.
  4. Assignment
    You may not transfer, assign, or license your rights under the Terms of Service without our prior express and written consent.
  5. Governing Law and Jurisdiction
    You agree that the Terms of Service (and incorporated Privacy Policy) are governed and interpreted by the laws of the State of New York without regard to principles of conflicts of law. By using our Services, you agree to personal and exclusive jurisdiction of the state and federal courts of New York in order to resolve any dispute arising from your use of the Services, including but not limited to the enforcement of any arbitration award. You further agree to waive any objection to such jurisdiction or venue.
  6. Arbitration Agreement and Waiver of Class Remedies

     

     

    (a) Arbitration Agreement

     

     

    Any controversy or claim arising out of or relating to the Terms of Service shall be finally resolved by binding arbitration following the parties’ best efforts to settle such dispute, claim, question, or disagreement. If a binding arbitration occurs, it shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and its procedures for consumer disputes, except for any rules or procedures permitting class actions or otherwise contradictory to the Terms of Service. An arbitrator shall wield exclusive authority to resolve all disputes, including whether this or any other provision contained in the Terms of Service is void or voidable. The arbitrator’s award shall be binding and entered as a judgment in any court of competent jurisdiction and in accordance with the Governing Law and Jurisdiction clause of the Terms of Service. The parties understand that, absent this Arbitration Agreement provision, they may otherwise have the right to sue in a court of law and may have the right to a trial by jury. While arbitration is intended to be more cost-effective, in some instances the cost of arbitration may exceed the cost of civil litigation in a court. Moreover, the rules and procedures of arbitration may limit discovery.
    (b) Waiver of Class Remedies
    The parties agree that any arbitration shall be conducted only in their individual entity capacities, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.
    (c) Exception: Litigation of Small Claims Court Claims
    Notwithstanding the parties’ decision to resolve all disputes through arbitration, relief may also be sought in a small claims court for disputes or claims within that court’s jurisdiction—subject to the Governing Law and Jurisdiction clause of the Terms of Service.
     


    (d) Thirty Day Right to Opt-Out

    You have the right to opt out and not be bound by the arbitration agreement and class action provisions of this section by sending written notice of your decision to opt out to the following address: WeSure Digital Insurance Services, Inc., 220 East 42nd Street, 24th Floor, New York, NY 10017. Such notice must be sent within thirty (30) days of registering to use our Services, or else you shall be bound to arbitrate disputes in accordance with these Terms of Service. Any such opt out shall be mutual. We reserve the right to terminate your use of our Services should you opt out.
  7. No Oral Modification
    The Terms of Service may not be modified through oral agreement or statements. The individual employees of WeSure, WeSure’s partners, and WeSure’s third party affiliates are not authorized to modify the Terms of Service except by the mechanism stated herein. You agree not to rely on any statement, written or oral, by any employee or agent of WeSure or any third party with respect to modification or interpretation of the Terms of Service.
  8. Communications With WeSure
    In using our Services, you may choose to communicate with us by providing us with feedback, comments, questions, or proposals. Under no circumstance will your submission of information obligate weSure to pay you compensation. You may provide your information as part of an attempted or completed request for a quote or offer for goods and services of a third-party vendor. In doing so, you agree to allow WeSure to use this information in any way consistent with the Terms of Service and Privacy Policy, when you submit contact information to us as part of an attempted or completed request for a Quote Application or offer for goods or services, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and services. This is true even if your phone number is on any “do not call” list.
  9. Severability
    Except as otherwise provided herein, in the event that any provision contained within the Terms of Service is deemed to be unenforceable, invalid, or ambiguous, such provision shall be limited or discarded to the minimum extent necessary so that the remaining provisions of the Terms of Service remain in full force and enforceable.
  10. Non-Waiver
    Neither party shall be deemed to have waived, in whole or in part, any of its rights granted herein by its failure to exercise, in whole or in part, any right herein.
  11. Force Majeure
    Neither party shall be responsible for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government restriction, labor disturbances, unavailability of anticipated or usual means of supplies, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond any party’s reasonable control.
  12. Entire Agreement
    The Terms of Service and only those Policies or notices expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied, with connection to our Services.
  1. Amendments
    WeSure reserves the right to modify, correct, or amend these Terms of Services at any time. The most current version of these Terms of Services will always be posted and any changes will be indicated under the “Revision Date” below. It is your responsibility to ensure that you are familiar with the most current version of these Terms of Services. Your continued use of the Services following an updated version of these Terms of Services was posted, shall constitute your express agreement to be bound by the updated terms. In the event that, subject to WeSure’s sole discretion, substantial changes were made, WeSure will send or otherwise post an applicable notification.
  1. Contact WeSure
    If you have any questions about the Terms of Service or wish to notify us in relation to your use of our Services, you may contact weSure by email at askalex@wesuregroup.com, by phone at (929) 909-6262, or by postal mail at: WeSure Digital Insurance Services, Inc., 220 East 42nd Street, 24th Floor, New York, NY 10017.
  1. Fraud Warning
    Any person who knowingly and with intent to defraud or deceive or mislead any insurance company, commits a fraudulent insurance act, which may subject to criminal and civil penalties. This may include, but is not limited to, acts or omissions committed by any person who presents, causes to be presented, or prepares, assists, abets, solicits, or conspires with another to prepare any document, with knowledge or belief that it will be presented to or by an insurer or any agent of an insurer, or in an application for insurance, any oral or written statement knowing that the statement contains any false information concerning any fact material. It is further important that you will review the state warning specific to your state.

     

     

    NOTICE TO OHIO APPLICANTS: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

    NOTICE TO INDIANA APPLICANTS: A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.

     

     

    Last Revision Date: May 1, 2023

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