PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

theinsurancesaver.com (the "Site") is a website owned by Vocara, LLC. By accessing the Site, using any of our services, and/or accessing or using any of the Site's Content (as defined below), you acknowledge that you agree to and are subject to the following Terms and Conditions of Use (the "Terms"), which include without limitation a binding arbitration provision (in Section 2 below), the Vocara Privacy Policy (incorporated herein), an E-Sign Consent (in Section 22 below), and any operating rules, policies, and procedures that may be published from time to time on or through the Site. NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT NOT ONLY GOVERN THE RESOLUTION OF DISPUTES YOU MAY HAVE WITH US, BUT ALSO LIMIT OUR POTENTIAL LIABILITY TO YOU.

If you do not agree to these Terms, you may not access or otherwise use the Site or the Content. The Terms constitute a legally binding agreement between you and the owner and/or operator of the Site (referred to herein as "we," "us," or "our"). References in these Terms to "Site operator," "we", "us" and "our" include our affiliates (including, without limitation, Vocara, LLC ("Vocara")), agents, successors and assigns. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is intended for and made available only to residents of the United States who are at least 18 years of age. By accessing and using the Site, you accept and agree to the Terms, without qualification, and represent and warrant that you have the authority to bind the User (as defined below) to these Terms, and that your use of the Site, including the provision or use of any Content, does not violate any applicable laws.

1. Our Services

The Site acts as a portal through which insurance agents, insurance companies, Lead aggregators, and other similar parties (each, a "Provider") can offer for sale and sell insurance and other products. Potential consumers who have applied through the Site to receive insurance offers or other authorized quotations from one or more Providers are referred to as "Prospects." All Prospects and potential Prospects who use the Site are considered the Site's "Users" (and hereinafter may be referred to as "you" or "your"). We may, with Prospects' authorizations, collect certain information about them and sell that information (collectively, "Leads") to Providers. We are not responsible for the legality, safety, or quality of the products offered for sale by any Providers, the accuracy or veracity of their representations regarding the products, their ability to sell the products, or the ability of any Prospects to pay for the products. For all purposes we are an independent contractor. We are not responsible for, nor do we assume any financial or other liability whatsoever for, the conduct of any Prospect or Provider. We do not guarantee that any Provider who is sent a Prospect's information will contact the Prospect or agree to provide the Prospect with the requested insurance coverage. If you would like personal advice or insurance-specific policy recommendations, please consult with a qualified professional. Be advised that we do not offer or sell any insurance or other products shown on the Site.

2. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. In the event you have any dispute or claim arising out of or relating in any way to these Terms or your use of the Site or the Content – whether such dispute or claim (each, a "Claim") is between you and us or between you and a Provider – you agree to attempt in good faith to settle the Claim by way of consultations, which will be initiated upon written notice by any party to the other (the "Consultation Notice"). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought ("Demand"). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this Section 2. Any notice to us under this Section 2 should be sent via email to [email protected] ("Notice Address").

You agree to arbitrate all Claims between you and us, or between you and any Provider, that cannot be amicably resolved in accordance with the preceding paragraph. Any such arbitration shall be conducted before a single arbitrator, in accordance with the Rules of the American Arbitration Assocation then in effect. The scope of this agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to: (a) Claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; and (b) Claims that could be asserted as collective or class action claims. You agree to waive the right to participate in any such collective or class action proceedings, in favor of individualized arbitration in accordance with this Section 2. For the avoidance of doubt, references in this Section 2 to "we" or "us," "you," and "Provider" include each such party's respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services, products, or Content available through the use of the Site. This arbitration agreement does not preclude you from bringing an individual action in small claims court if your Claim qualifies, so long as the matter remains in such court and advances only on an individual (non-collective and non-class) basis. Further, this arbitration agreement does not preclude you from bringing issues or concerns to the attention of federal, state, or local agencies (including, for example, the Federal Communications Commission or the Federal Trade Commission). You agree that, by entering into this arbitration agreement, you and we are each waiving our respective rights to a trial by jury, and/or to participate in a collective or class action, and that arbitration of your Claims pursuant to this Section 2 shall be in your individual capacity. THIS MEANS THAT YOU ARE LIMITING YOUR RIGHT TO APPEAL AND ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE, OR JOIN THE CLAIMS OF OTHER PARTIES WHO MAY BE SIMILARLY SITUATED OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, which shall survive any termination of this agreement and/or the Terms.

3. Personal Use

We do not charge Users to access the Site. We grant each User a limited, revocable, non-exclusive license to access the Site and the text, images, maps, files, photos, information, and other materials on the Site (collectively, the "Content") in order to view, access, or make inquiries to us regarding our services, in accordance with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of display, copying, aggregation, collection, or derivative use of the Site, nor any right to use spiders, data mining, robots, or similar data-extraction or -gathering tools without our prior express written permission. Any rights not expressly granted herein are reserved by us.

4. Downloading of Information from the Site and Proprietary Rights

All Content and the Site itself are protected by copyright and database rights as a compilation and/or collective work, pursuant to U.S. copyright laws, other copyright laws, trademark laws, and international conventions. The Content is only for each User's personal use in accordance with Section 3 above (Personal Use). All Users agree to abide by these Terms and any and all additional information, restrictions, or copyright notices contained in or relating to any Content on the Site. Copying or storing any Content other than for noncommercial, personal use is expressly prohibited without prior written permission from us or the applicable copyright holder(s). You acknowledge and agree that Vocara and/or its respective affiliates own the data gathered on or through the Site. By displaying, publishing, or otherwise posting Content on our through the Site, you hereby grant to Vocara a non-exclusive, sub-licensable, irrevocable, worldwide, fully-paid, royalty-free license to use, modify, publicly display, reproduce, publish, and distribute such User Content in any and all media now known or hereafter developed without the requirement to make payment to you or any third party or to seek your or any third party's permission.

5. Unauthorized Use

Unless otherwise provided herein, or unless otherwise allowed under applicable law, you may not do any of the following without our prior written consent:

Upload, post, display, copy, republish, reproduce, transmit, or distribute any Content in any form whatsoever;
Reproduce any portion of the Site on your website or, using any device, including but not limited to use of a border or frame environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or replicate or mirror any portion of the Site;
Reverse engineer, disassemble, copy, or duplicate any part of the Site;
Modify, translate into any written or computer language, or create derivative works or translations from any Content or part of the Site;
Offer for sale, sell, license, or transfer, in any form, any portion of the Site to any third parties;
Use any spider, robot or other automated device or automated or manual process to copy, monitor, or keep a database copy of the Content or any portion of the Site;
Use the Site other than to make legitimate inquiries to us regarding our services or to learn about our services;
Use the Site to create any fraudulent or false inquiry or account;
Transmit or post any abusive, threatening, unlawful, defamatory, libelous, false, vulgar, obscene, indecent, sexually explicit, pornographic, profane, or inflammatory material, any misleading indications of origin or statements of "fact," or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise serve a purpose that is unlawful or prohibited by these Terms;
Access or use the Site in any way that, in our sole discretion, adversely affects the function or performance of the Site or any other networks or computer systems used by us or the Site, or infringes on our or any third party's trademark, copyright, patent rights, rights of privacy or publicity, or any other proprietary rights;
Transmit or upload to the Site, or use in connection with the Site, any software, device or routine that contains viruses, worms, time bombs, Trojan horses, or other computer programming routines that may interfere with or attempt to interfere with, damage or in any way intercept the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computing platform;
Circumvent any encrypted data, gain access to more materials or data than licensed, or otherwise use the Site in any manner which violates these Terms or any applicable laws;
Attempt to gain unauthorized access to the Site or any computer system used to provide the Site, circumvent any access restriction or security measures with respect to the Site, or disclose your access information or otherwise give access to the Site to any third party without authorization.

6. Site Changes

We may change, discontinue or suspend any aspect of the Site at any time, including the availability of any Site features, Content or database. We may also impose limits on certain services or features or restrict your access to all or part of the Site without notice to you or liability to us.

7. Our Privacy Policy

When you use the Site, you consent to the collection and use of your personally identifiable information in accordance with the Vocara Privacy Policy, which is incorporated into these Terms. Our Privacy Policy explains our information collection practices and safeguards, how we use and share your information, and how to opt-out of receiving communications from us.

8. Identity Verification

We encourage all Users to use appropriate caution when interacting with anyone whom you may be doing business with specifically via the Site or generally via the Internet.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOST PROFITS, LOSS OF REVENUE, OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE, OR ANY TRANSACTION BETWEEN US OR BETWEEN YOU AND ANY PROVIDER THAT IS ENABLED BY OR ARISES IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (I) BREACH OF CONTRACT, (II) BREACH OF WARRANTY, (III) STRICT LIABILITY, (IV) TORT, (V) NEGLIGENCE, (VI) STATUTE, OR (VII) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN ALL EVENTS, OUR LIABILITY, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED, AND (B) $200.00.

10. DISCLAIMER

THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND WE DO NOT OFFER MAINTENANCE OR SUPPORT SERVICES FOR ANY PORTION OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THE SITE OR THE SERVICES, INFORMATION, FUNCTIONS AND MATERIALS AVAILABLE THROUGH THE SITE, FOR ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.

11. Release

In the event that you have a dispute with any Provider or other third party, including without limitation any other User of the Site, arising from or in connection with the use of the Site , you hereby agree to release, remise and forever discharge us and our officers, directors, shareholders, members, employees, agents, and all other related persons or entities from any and all manner of rights, complaints, demands, claims, causes of action, proceedings, obligations, liabilities, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute or your use of the Site. If you are a California resident, you hereby waive California Civil Code section 1542, which states that "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.

12. Indemnity

You hereby agree to indemnify, defend and hold us and our officers, directors, shareholders, members, employees, agents, and all other related persons or entities (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees and court costs) incurred by the Indemnified Parties in connection with any claim arising out of your use of the Site or the Content thereon (including, without limitation, as a result of any transaction or interaction between you and a Provider or any of Provider's affiliates, partners or agents that is enabled by or arises in connection with your use of the Site), any information or data you access or provide through the Site, and any act (or failure to act) by you or other users of your account or any breach by you of these Terms, including, without limitation, the representations, warranties and covenants made by you herein.

13. Proprietary Rights Notification

We do not permit copyright or trademark infringing activities and other infringement of intellectual property rights on the Site, and we will remove or modify (or ask you to remove or modify) Content if we are properly notified that such Content infringes on another's intellectual property rights. If you are a copyright or trademark owner or an agent thereof and believe that any Content in any public area of the Site infringes upon or otherwise conflicts with your proprietary rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the proprietary work claimed to have been infringed, or, if multiple proprietary works are covered by a single notification, a representative list of such works;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact our designated copyright agent at [email protected] to send notifications of claimed infringement. For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through the Contact Us area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

14. Trademarks

Our logo and our other product and service names are our trademarks (the "Marks"). You agree not to display, reproduce or otherwise use in any manner such Marks without our prior written permission.

15. Choice of Law and Forum

Vocara is a Delaware limited liability company with its principal place of business in the Commonwealth of Massachusetts. These Terms are governed by the laws of Massachusetts, excluding its conflict of laws principles. Subject to Section 2 above (Dispute Resolution by Binding Arbitration), you irrevocably agree that the exclusive jurisdiction and venue for any judicial proceeding between you and us would be the state or federal courts sitting in Boston, Massachusetts. You covenant not to sue us in any other judicial forum for any cause of action. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason an arbitrator or court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to carry out the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

16. No Agency

The relationships between us and each User and Provider are those of independent contractors, and no agency, joint venture, partnership, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

17. Notices

Except as explicitly stated otherwise (such as in Section 13 above), any notices sent from you to us shall be submitted via email at [email protected]. When we need to send a notice to you, it shall be sent to the email address you last provided to us. Notice shall be deemed given upon receipt or twenty-four (24) hours after an email is properly sent, unless the sending party is notified that the address is invalid or the email is otherwise undeliverable. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address last provided to us by you. In such cases, notice shall be deemed given three (3) days after the date of mailing.

18. Amendments

We reserve the right to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your use of the Site following the posting of any such change, modification or amendment to these Terms will constitute your acceptance thereof. No delay or failure on the part of any party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. These Terms (including, without limitation, the E-Sign Consent and the binding arbitration agreement) and the Privacy Policy constitute the entire agreement between us and Users with respect to the matters addressed therein.

19. Links to Third-Party Sites

This Site may contain links to other Internet sites. We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on such external sites or resources. We provide these links and references to you only as a convenience, and inclusion of any link or reference does not imply endorsement of the website or other resource at issue.

20. Partial Invalidity

The invalidity or unenforceability of any one or more sections of these Terms shall not affect the validity or enforceability of its remaining provisions.

21. Acknowledgement

You acknowledge that you have read and understand these Terms, and that these Terms have the same force and effect as a signed agreement. These Terms shall confer no rights upon any other party other than the parties hereto.

22. E-Sign Consent

In this E-Sign Consent, the following definitions apply: (i) "You" and "your" refer to you, the User; (ii) "We," "us," and "our" refer to the Site owner/operator and its/their affiliates (including, without limitation, Vocara), agents, successors and assigns. By clicking the "I agree" button (or any similar affirmative indication of assent on the Site), which you adopt as your electronic signature, you consent and agree that:

We can provide you any disclosures required by law, and other information about your legal rights and duties, electronically.

Your electronic signature on agreements and documents has the same effect as if you signed them in ink.

We can send all communications and disclosures, including, but not limited to, this E-Sign Consent, any telephone and email contact consent, the Privacy Policy, and these Terms (collectively defined as "Disclosures") to you electronically: (1) via email; (2) by access to a website that we designate in an email notice we send to you at the time the information is available; or (3) to the extent permissible by law, by access to the Site or any other website that we generally designate in advance for such purpose.

If you would like a paper copy, you can print a copy of the Disclosures or download the information for your records.

This consent applies to: (1) your use of products and services offered by us; (2) all future Disclosures associated with us; and (3) all future transactions with us, at any time, and to other Disclosures that we provide to you by email, unless you have, prior to such transaction, withdrawn your consent by the procedure mentioned below.

You understand that, to access and retain the electronic Disclosures, you will need the following:

A computer with an Internet connection.

A current web browser that includes 128-bit encryption and has cookies enabled.

A valid email address.

Sufficient storage space to save past Disclosures and/or an installed printer to print them.

If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add the @vocara.ai domain to your email address book.

You understand that you may request paper copies of the Disclosures, and that we will provide them to you by mail at no charge.

Any withdrawal of your consent to receive electronic Disclosures will be effective only after we have a reasonable period of time to process your withdrawal. You understand and agree that if you withdraw your consent to receive electronic Disclosures, we may – though we are not obligated to – cancel your account.

At any time, you can update the email address to which we will send alerts that Disclosures are available. You can change your email address by contacting us at [email protected].

By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you. When we send you an email or other electronic notification alerting you that Disclosures are available electronically and we do in fact make them available online, that shall have the same meaning and effect as if we provided paper Disclosures to you, whether or not you choose to view the Disclosures, unless you had previously withdrawn your consent to receive Disclosures electronically. You understand and agree that Disclosures are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email address is invalid.

You understand and agree that we reserve the right to cancel this electronic Disclosure service, change the terms of use of this service or send Disclosures in paper form at any time.

You understand and agree that we are responsible for sending notice of the Disclosures to you electronically including at the email address you have provided, but are not responsible for any delay or failure in your receipt of the email notices.

Contact Vocara

If you have any questions regarding any of these Terms, please contact us by emailing [email protected].