This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
- Our Services. PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY INSURANCE OR OTHER TRANSACTION. We do not offer or sell any insurance or other products described on our website. Instead, our website acts as a venue to allow insurance companies, insurance agents, insurance brokers, and other parties who are customers of our website (each, a “Provider”) to offer for sale and sell, in a variety of formats, insurance and other authorized products to potential consumers (each, a “Prospect”, and all Prospects and Providers are collectively called the “users”) who have visited one of our affiliated sites and applied to receive insurance or other authorized quotations from a Provider (the “Services”). We are not involved in the actual transaction between any Prospect and any Provider even though we may, through our affiliate sites, and with each Prospect’s authorization, collect certain information (collectively, a “Lead”) about any Prospect and sell such Lead to a Provider. As a result, the quality, safety or legality of the products offered by any Provider for sale, the truth or accuracy of the representations regarding such products, the ability of Providers to offer or sell such products or the ability of Prospects to pay for the products offered are solely the responsibility of each user. We are an independent contractor for all purposes. Importantly, we do not issue insurance contracts or bind coverage. We are not responsible in any way for the conduct of any Prospect or Provider. We do not endorse or recommend any companies or insurance policies. We do not provide insurance, tax, legal or any other financial advice. We do not guarantee that any of the Providers to whom we forward any Prospect’s application will contact such Prospect or agree to provide the Prospect with the desired coverage. If you are a Prospect and you would like personal advice or specific policy recommendations, please consult with an insurance agent, broker or other qualified professional.
- Our Obligations. We shall collect Leads, and transmit such Leads directly to Providers. Users acknowledge that we have sole discretion in determining which Leads, if any, it sends to which Provider. No particular Provider has no right to receive any particular Lead, but instead will be provided with Leads by us in such manner and through such procedures that may be adopted by us from time to time.
- Provider’s Obligations. Due to the time sensitive nature of a Lead, Provider agrees to comply with all terms and requirements set forth by us for each applicable Lead. Provider also agrees that it will only use any information provided to Provider in connection with a Lead for the sole purpose of quoting and selling insurance to the applicable Prospect. Should Provider violate any term of this Agreement, we reserve the right to (i) terminate Provider’s access to the Service, (ii) re-assign Prospects assigned to Provider to other Providers, and (iii) contact Prospects assigned to Provider in connection with such re-assignment. For the sake of clarity, Provider shall remain obligated to fulfill any donations obligations agreed to in connection with previously accepted Leads.
- Fees. Provider shall pay us fees for each Lead that contracts business with the provider according to the fee schedule set forth here, Fee (Includes donation to designated non-profit);
Property & Casualty (P&C)3% of premium for new policies, 2.4% of premium for renewals. This is for Personal Lines and Professional Lines.
Health, Group Policy and Individual (Applies to all lines of insurance coverage: medical, dental, vision, life/ad&d, short and long-term disability)
30% of commission the first year, 25% of commission renewal years.
25% of first premium year commission.
Provider shall also make donations according to the terms of each applicable Lead, these donations may be made by Yapacopia PBC from fees collected.
- Term and Termination. The term of this Agreement (the “Term”) shall commence as of the Provider’s first use of the Services and will continue until either party terminates this Agreement according to this section. This Agreement may be terminated as follows: (a) by Provider upon thirty (30) days’ advance written notice of termination to us; (b) by Provider upon fifteen (15) days’ written notice to us if we are in material breach of any terms or conditions hereof, and fail to cure such breach within the fifteen (15) days’ written notice period (or if cure cannot be accomplished within such period, cure is promptly commenced and carried through to completion); and (c) by us immediately, and without notice, for any or no reason.
- Warranties Disclaimer. OUR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION OR FUNCTIONS PROVIDED AS PART OF OUR SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SERVICES OR ANY LINKED WEBSITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS, MATERIALS OR INFORMATION CONTAINED IN ANY SERVICES, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, “YAPACOPIA”) BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SERVICES, THESE TERMS, YOUR USE OF THE SERVICES AND/OR ANY TRANSACTION BETWEEN PROVIDERS AND PROSPECTS OR BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY 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, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST YAPACOPIA, ANOTHER USER OR THE SERVICES WITH RESPECT TO THESE TERMS OR THE SERVICES THEMSELVES, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SERVICES. IN ALL EVENTS, YAPACOPIA’S LIABILITY, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES IS LIMITED TO THE GREATER OF (i) AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED, AND (ii) $100.00.
- Release. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN ANY PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE YAPACOPIA FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, 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 AND/OR YOUR USE OF THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 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.
- Indemnity. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD YAPACOPIA HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE YAPACOPIA IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN A PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), ANY ACT (OR FAILURE TO ACT) BY YOU OR OTHER USERS OF YOUR ACCOUNT OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. YAPACOPIA RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
- No Agency. The relationship between us and each user is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by this Agreement or your use of the Services.
- Our Remedies. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of San Francisco County, California, or the United States District Court, Northern District of California. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
- Legal Disputes. This Agreement will be governed by the laws of the State of California without regard to conflict of law provisions, and users agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco for any claim or dispute arising from your use of the Services or this Agreement and waive any objection as to inconvenient forum.
- General Information.
- If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
- 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.
- All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
- This Agreement and materials explicitly referenced herein represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
- We do not separately provide the Agreement entered into by each user. Please make a copy of this Agreement for your records by printing and/or saving a downloaded copy of the Agreement on your personal computer.
- If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at firstname.lastname@example.org.