TERMS OF USE FOR NEAR QUOTE LLC

Effective Date: : 9/11/2023

Welcome to this App hosted by Near Quote LLC (“Company” or “we”). Company maintains this App for your personal information, education and communication. Your access to and use of this App is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this App, so that you fully understand your rights and responsibilities.

By accessing or using this App, you agree to these Terms of Use. If you do not agree to the following Terms of Use, do not access or use this App, and instead contact us in writing or by telephone as provided at the bottom of these Terms of Use for further information.

Company may modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this App. Material changes will be posted conspicuously on this App. By accessing the App after the changes to the Terms of Use are posted, you agree to the changes.

This Notice is published on the LifeWallet website, and in the LifeWallet application. You acknowledge receipt of the Notice when you select the “I Agree” button after being presented these forms during the account creation/sign-up process in the LifeWallet applications or LifeWallet website, or by indicating or signing your acknowledgement in another written or digital format provided to you. You can receive a copy of the Notice by visiting our website and printing the form from there

App Information

Information displayed on this App may change without notice. We reserve the right to modify the information without any obligation to notify past or current App users. Company makes no representations that the materials on this website are appropriate or available for use in any particular state or other countries outside the United States. When accessing this App you are solely responsible for compliance with the laws of the state or country in which you live.

Privacy Policy

By accessing and using this App, you agree to the terms of our Privacy Policy (as is included below), which are incorporated into these Terms of Use by this reference.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of this App also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Third-Party Websites

This App may link to, or be linked to, other Apps not maintained by or related to Company. All links are provided only as a service to our visitors. Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website. Company has not reviewed all Apps or Websites to which it links and is not responsible for the content, accuracy, or policies of any such Apps or Websites. You link to other pages or Apps at your own risk, and your use of other Apps or Websites will be controlled by the terms of use posted on that Apps or Websites. You should review the terms of use of any Apps or Websites to which you navigate.

Your Use of the Services

User accounts. In order to use most aspects of the Services, you must register for and maintain a user account (“Account”). Account registration requires you to submit certain personal information, such as your name, email address, street address, and/or mobile phone number, etc. You agree to provide and maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times, and do not allow any unauthorized access to your phone, other devices or personal information; you shall notify us of any unauthorized access. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us via email immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Near Quote LLC and its affiliates. For your protection, if Near Quote LLC believes that any unauthorized access may occur or has occurred, Near Quote LLC may terminate your account access without prior notice to you. You hereby authorize Near Quote LLC, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or to authenticate your identity and account information. This may include asking you for further information and/or documentation relating to your identity or one or more services we are providing, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or other instruments, and to verify your information against third party databases or through other sources.

Your Obligations and Authorizations

By registering with Near Quote LLC, you acknowledge and authorize Near Quote LLC and its authorized agents to (1) collect information relating to you through the Services, including certain personal information, signatures, data, passwords, usernames, and other information, materials, and content necessary for us to provide the products and services offered through the Services to you, (2) retrieve and manage information of yours maintained by certain third-party institutions, including financial institutes, insurance companies, data providers, and service providers (“Your Data”), and (3) act in any way reasonably necessary to accomplish the goal of shopping (insurance). You hereby grant us a non-exclusive, royalty-free license under any applicable intellectual property rights to use Your Data solely in connection with the provision of the products and services offered through the Services, and you authorize Near Quote LLC to access your connected account(s) and download relevant information in order to provide the Services. To withdraw this authorization, you may cancel and delete your account at any time. You represent and warrant that Your Data that you provide us is accurate and complete, and that you are authorized to submit it to us without any obligations on us, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Services due to such inaccuracy or incompleteness. You are and will be responsible for the consequences of any instructions you provide us and that we follow. In order to connect the Services with any third-party service, you hereby authorize us to: (1) store Your Data in accordance with applicable laws, (2) use any signatures or other materials you provide us in order to provide you the products and services offered through the Services, (3) gather and export from such third party service any data or other information reasonably necessary. for us to provide the products and services offered through the Services to you, and (4) otherwise take any action in connection with such third party service as reasonably necessary for us to provide the products and services offered through the Services to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you.

Disclaimer

THE SERVICE ARE MADE BY US ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE AND THIRD PARTY PROVIDERS DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (2) OF INFORMATIONAL CONTENT OR ACCURACY; (3) OF NON-INFRINGEMENT; (4) OF QUIET ENJOYMENT; (V) OF TITLE; (5) THAT NEAR QUOTE LLC WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (6) THAT ANY DEFECTS OR ERRORS IN THE NEAR QUOTE LLC PRODUCT OR SERVICES WILL BE CORRECTED; (7) THAT SERVICES OFFERED WILL BE AVAILABLE TO ANY NATURAL PERSON; OR (8) THAT NEAR QUOTE LLC PRODUCTS OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. NEAR QUOTE LLC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR THEIR GOODS OR SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

NO GUARANTEE OF ACCURACY. NEAR QUOTE LLC DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, THE WEBSITES, AND/OR THE APP.

Limitations of Liability

YOU AGREE NOT TO HOLD NEAR QUOTE LLC (OR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE NEAR QUOTE LLC SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY NEAR QUOTE LLC OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL NEAR QUOTE LLC OR MEMBERS OR THIRD PARTY PROVIDERS BE LIABLE (1) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (2) FOR ANY VIRUSES, BUGS, TROJAN HORSES, SYSTEM UPGRADES OR MALFUNCTIONS, INTERNET DELAYS OR MALFUNCTIONS, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (3) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (1) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PRECEDING. NEAR QUOTE LLC AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE NEAR QUOTE LLC SERVICES. THE NEAR QUOTE LLC SERVICES CONNECTS USERS WITH THIRD PARTY PROVIDERS INCLUDING INSURANCE COMPANIES. WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE NEAR QUOTE LLC FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES(DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. THE QUALITY OF THE SERVICES PROVIDED BY THIRD PARTY PROVIDER IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER. YOU UNDERSTAND, THEREFORE, THAT YOU ARE USING THE NEAR QUOTE LLC SERVICES, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE NEAR QUOTE LLC SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

California Waiver.

If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his 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,” or any statute or common law principle of similar effect.

You hereby agree to indemnify, defend, and hold harmless Near Quote LLC, its affiliates and their respective owners, officers, directors, employees, agents, and/or licensors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (1) your use or misuse of or inability to use the Near Quote LLC Services, (2) your violation of this Agreement, (3) your violation of any applicable law or regulation; and (4) your information and content that you submit or transmit through the Near Quote LLC Services. Near Quote LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Near Quote LLC.