By accessing, browsing, and using this Website, you ("you" or "User") agree that you have read, understood, and accept this Agreement.
Please read it very carefully and let us know if you have any questions. We can be reached at: firstname.lastname@example.org.
IF YOU DO NOT AGREE WITH OR UNDERSTAND ANY OF THE TERMS HEREIN DO NOT USE THE WEBSITE.
3. Your Representations
You represent and warrant that the information that you provide to us will be current, true, accurate, supportable and complete, and that if you provide incorrect or incomplete information it may affect the value of the Website to you.
You also represent and warrant that you are located in the United States, at least 18 years of age and can enter into binding contracts for insurance or other goods. Persons less than 18 years of age and those outside the United States may not use this site and must leave immediately.
4. Permitted and Non-Permitted Uses
You agree to and are permitted to use the Services solely for your own personal use and benefit.
You may not use this site or the Services for any commercial, financial or other similar purpose, including but not limited to those listed in this section, without the prior written consent of SureUp.
You may not rent, lease, lend, sell, redistribute, reproduce or sublicense the Website. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion thereof.
If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit the Website in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
5. Intellectual Property and Website Content
The content of this Website, including, but not limited to, all text and images (“Content”), is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Website and all related intellectual property not expressly granted under this Agreement.
If you submit comments, suggestions, ratings, or other feedback regarding the Website or your experience ("Feedback"), you agree that we will be free to use such Feedback and use your name, photo, likeness, business affiliation or similar information for any purpose and without restriction or obligation to you.
You may download Content other than images of people, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content. Images of people that are included in our Content may never be used without SureUp's specific, written permission.
You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without SureUp's written permission.
6. Commission and Brokerage Disclosure
SureUp does not charge you a fee to use the Website.
Insurance companies, agents and brokers (“Insurance Providers”) may provide SureUp commission, brokerage or other fee when SureUp matches you with an insurance company.
You acknowledge and agree to this compensation arrangement.
You additionally acknowledge and agree to the terms of the MetLife Compensation Disclosure Notice which can be accessed via this hyperlink.
You hereby release SureUp of any and all losses, costs, damages or claims in connection with, arising from or related to your use of an Insurance Provider’s products or services, including any fees charged by an Insurance Provider.
7. Disclaimer of Warranties
USE OF THE SERVICES, THE CONTENT AND ANY MATERIALS OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SUREUP 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."
SUREUP EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. SUREUP 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.
SUREUP 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. SUREUP DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY CONTENT OR OTHER INFORMATION PUBLISHED THROUGH THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
8. Limitations on Liabilities
UNDER NO CIRCUMSTANCES WILL SUREUP BE LIABLE TO YOU OR ANY THIRD PARTY WHETHER IN CONTRACT, TORT, WARRANTY, RELIANCE, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 SUREUP'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 COMPENSATION EARNED BY SUREUP FOR PROVIDING SERVICES TO YOU FOR THE TWELVE MONTHS PRIOR TO THE ALLEGED ACT CAUSING DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF DAMAGES OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. Insurance Services
SureUp will make reasonable efforts to improve your insurance decisions (“Insurance Services”). These Insurance Services may include providing coverage, exclusion, endorsement and other summaries provided, and making insurance recommendations.
The Insurance Services provided by SureUp are for general informational purposes only. They not intended to provide legal advice, and should not be treated as such.
SureUp uses reasonable efforts to provide Insurance Services, but does not guarantee their accuracy. You should review your actual policy to confirm coverage. 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 understand and agree that SureUp’s online advice is meant to be used together with the offline advice and counsel of a SureUp agent.
And, to the extent permissible by law, you agree to hold harmless SureUp for any liability arising from or related to the provision or failure to provide Insurance Services. You, not SureUp, are ultimately responsible for your insurance decision(s).
10. Governing Law & Arbitration
THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SUREUP.
Any dispute, claim or controversy arising out of or relating to these Terms or the Additional Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Austin, Texas, unless otherwise agreed upon by SureUp.
The arbitration shall be administered by JAMS pursuant to either its Comprehensive Arbitration Rules or Streamlined Arbitration Rules and Procedures depending upon the amount of the damages claimed, excluding attorneys' fees. Judgment on the 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. Nothing in this paragraph shall be deemed as preventing SureUp from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
10. Governing Law & Arbitration
This Agreement may be modified by SureUp at any time and at its sole discretion by updating and posting a new version of it on the Website or by otherwise notifying you of the revised Agreement. By using the Website, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this site, the Services, the Terms or Additional Terms must be filed within one (1) year after such claim or cause of action arose.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator or arbitration panel to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the Agreement shall remain in full force and effect.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
If any action at law or in equity is necessary to enforce these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.