Terms of Service

These terms of service (the “Terms of Service”) are an agreement between you, whether personally or on behalf of an entity (“you”) and Ensureing, Inc. (“Ensureing,” “we,” “us,” or “our”), concerning your access to and use of the website at www.ensureing.com (the “Website”) and all related services, products, platforms, websites, and offerings (the “Services”) maintained and operated by Ensureing where a link to these Terms of Service is provided.

Your access and use of our Services is subject to these Terms of Service and all applicable laws. By accessing or using any part of the Services, you accept, without limitation or qualification, these Terms of Service. If you do not agree with all of these Terms of Service, you may not use any portion of the Services, including any portion of the Services. If an individual is accessing the Services on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to the terms and conditions herein. The term “you” shall refer to both the business entity and the individual accessing the Services on behalf of such business entity.

Notice Regarding Dispute Resolution

THESE TERMS OF SERVICE CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US WILL BE RESOLVED. FOR EXAMPLE, THE “GOVERNING LAW; DISPUTE RESOLUTION; CLASS ACTION WAIVER” SECTION BELOW CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

ACCESSIBILITY — IF YOU ARE HAVING ANY TROUBLE ACCESSING THE SERVICES, PLEASE CONTACT US BY EMAIL AT hello@ensureing.com.

AI Disclaimer; Educational and Informational Purposes Only

Ensureing utilizes artificial intelligence technology to provide automated “AI Experts” that respond to user questions about insurance. You acknowledge and agree that these AI Experts provide automated responses based on general insurance knowledge. The responses generated by AI Experts are informational only and should not be relied upon as professional advice. AI-generated responses may be inaccurate, incomplete, or outdated, and Ensureing does not guarantee the accuracy, reliability, or completeness of any information provided by its AI Experts. You should independently verify any information provided by an AI Expert before making any decisions based on such information.

All content provided through the Services, including without limitation all responses generated by AI Experts, is for educational and informational purposes only. Such content does not constitute, and should not be construed as:

• Financial advice or planning guidance;
• Legal advice or counsel;
• Insurance advice or policy recommendations; or
• A substitute for consultation with licensed professionals.

You are solely responsible for any decisions or actions you take based on information obtained through the Services. Ensureing strongly recommends that you consult with qualified, licensed professionals before making any financial, legal, or insurance-related decisions.

Restrictions

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Services. Further, you may not use any such automated means to manipulate the Services, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Services or any other user’s use of the Services, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Services, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Services within another website or application. You may not resell use of, or access to, the Services to any third party without our prior written consent.

Our Proprietary Rights

Ensureing is the owner of or otherwise licensed to use all parts of the Services, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Services belong to third parties who have authorized Ensureing to display the materials, such as associated creative assets, and other proprietary materials. By using the Services, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Services provided, however, that such license is subject to your compliance with these Terms of Service. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Services, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms of Service.

All other third-party trademarks, registered trademarks, and product names mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Ensureing.

You acknowledge and expressly agree that any contribution of feedback regarding the Services that you provide to us (the “Feedback”) does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. You agree that Ensureing may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Ensureing any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under these Terms of Service are reserved by Ensureing.

Prohibited Activities

Ensureing expects all of its users to abide by certain rules and restrictions. The following is a partial list of the types of conduct that are illegal or prohibited on the Services or while using the Services. Ensureing reserves the right to investigate and take appropriate legal or other action against anyone who, in Ensureing’s sole discretion, engages in any of the prohibited activities.

Without limitation, you agree that you will not post or transmit to the Services or to other users anything that contains content that:

• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Services);
• violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
• contains “masked” profanity (i.e., F*@&#);
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Ensureing is under no obligation to screen or monitor content, but may review content from time to time at its sole discretion. Ensureing will make all determinations as to what content is appropriate in its sole discretion. Ensureing may edit or remove any content at any time without notice.

Corrections

Subject to limitations in the applicable technologies and devices we use, we attempt to be accurate to the extent reasonably possible, however, we do not warrant that any product, measurement or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice, and/or refund any amount charged.

No Ideas Accepted

Ensureing does not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Services, you understand and acknowledge that such idea is not submitted in confidence and Ensureing assumes no obligation, expressed or implied, by considering it. You further understand that Ensureing shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Ensureing. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Ensureing an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

Third Party Materials

The Services may link to, make available or provide third party products, services, websites, data, software or source code, including without limitation third party websites or social media platforms, and licensed data sources (collectively, “Third Party Materials”). Ensureing has no control over Third Party Materials. Accordingly, Ensureing is not responsible or liable for any Third Party Materials and makes no representation as to the accuracy, usefulness, safety, or intellectual property rights in or relating to such Third Party Materials. While Ensureing has no obligation to monitor Third Party Materials, Ensureing may remove or modify such Third Party Materials in its discretion, including without limitation to comply with applicable law. You agree to comply with all terms and conditions and privacy policies related to any Third Party Materials.

Other Sources of Terms of Service

Certain provisions of these Terms of Service may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Services, including on any checkout page. In order to participate in or use certain services, promotions that may be run from time to time with respect to the Services (“Offer(s)”), you may be required to agree to additional or different terms and conditions (“Additional Terms”). Certain benefits may be modified or not available in connection with an Offer. Your acceptance or redemption of any Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms of Service and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms of Service will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms of Service or any Additional Terms does not constitute a conflict.

No Warranties; Limitation of Liability

WHILE ENSUREING USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICES, ENSUREING MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE SERVICES MAY NOT ALWAYS BE ACCURATE. ENSUREING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT IN OR AS PART OF THE SERVICES. THE SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED “AS IS” AND ENSUREING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ENSUREING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ENSUREING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENSUREING SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. UNDER NO CIRCUMSTANCES WILL ENSUREING AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS ENSUREING AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.

IN NO EVENT WILL ENSUREING BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing the Services.

Waiver By California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Changes

All information posted on the Services is subject to change without notice. In addition, these Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Services. You should check the Services for such changes frequently. Your continued access of the Services after such changes conclusively demonstrates your acceptance of those changes.

We reserve the right to withdraw or amend the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or all Services.

Indemnification

You agree to indemnify, defend and hold harmless Ensureing, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Service or applicable law.

Severability

If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Compliance with Laws

You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”); and (b) you are not subject to, and are not affiliated with anyone who is subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”). You may not use, export, or re-export any Services in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You further covenant that the foregoing shall be true during the entire period of this agreement. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms of Service. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.

Waiver; Remedies; Entire Agreement

The failure of Ensureing to partially or fully exercise any rights or the waiver of Ensureing of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Ensureing or be deemed a waiver by Ensureing of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of Ensureing under these Terms of Service and any other applicable agreement between you and Ensureing shall be cumulative, and the exercise of any such right or remedy shall not limit Ensureing’s right to exercise any other right or remedy. The Terms of Service, the Additional Terms, and our Privacy Policy constitute the sole and entire agreement between you and Ensureing regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

International Access

Our Services are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Services. We make no representations regarding the legality of this Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Governing Law; Dispute Resolution; Class Action Waiver

The laws of the State of Delaware shall govern these Terms of Service. While we will make reasonable efforts to resolve any disagreements you may have with Ensureing, if these efforts fail you agree that all claims, disputes or controversies against Ensureing arising out of these Terms of Service, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Ensureing agree in writing, and the arbitrator shall apply Delaware law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association
App: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Service, in which case these Terms of Service will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Class Action Waiver: BY USING THE SERVICES, YOU AGREE THAT YOU AND ENSUREING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

Privacy

All information we collect via the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send to the Services may be intercepted or read by others.

Questions

Should you have any questions regarding these Terms of Service you may contact us at hello@ensureing.com.