Terms of Service

TERMS OF USE

The following terms and conditions of use (the “Terms of Use”) govern your use of the apbenner.com website (the “Site”) which is made available by apbenner.com, LLC (“we”, “us” or “our”). By using the site, you accept and agree to these Terms of Use governing your use of the Site. If you do not agree to these Terms of Use, you may not use the Site. We may change the Terms of Use from time to time, and at any time without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms of Use, you agree to be bound by any such modifications to the Terms of Use.

OUR SERVICE

On apbenner.com, we allow you to receive insurance quotations from our network, and our partners’ network of insurance service providers, in order for you to choose an insurance producer to assist you with selecting and purchasing an insurance product. Once you provide us with the information required on our form, we match you with appropriate insurance agents, brokers or other companies so that you may more easily acquire insurance from such service providers. We are not an insurance agent or insurance carrier, and hence, we do not issue insurance contracts or bind coverage ourselves, nor do we endorse or recommend any companies or specific types of insurance policies. While we publish content on the Site about insurance, we do not provide insurance, tax or financial advice of any kind. We do not guarantee that any of the insurance agents, brokers and/or companies to whom we forward your application will contact you or agree to provide you coverage. We are a research and comparison service and are not responsible in any way for the conduct of the insurance agents, brokers, discount program representatives and companies that are matched with your insurance application.

ACCESSING OUR SITE

Currently, you must be at least eighteen (18) years of age or older and live in the United States in order to use this website. If you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through this website, for any purpose, including seeking insurance information or services. We are not responsible for monitoring or seeking verification of user qualification or age. However, if we discover that a user is accessing this website in violation of these Terms of Use, we may immediately take action to terminate such access if possible. We are sorry for any inconvenience this may cause.

EXCLUSIVE OWNERSHIP RIGHTS

We solely own and control all copyright and intellectual property rights on our Site or have received the permission to use them from other third parties. We do not grant or imply any ownership of the Site to you. You may view the content on the Site on your personal computer or other internet device, and make copies or prints of the content on the Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate express written agreement. Third-party marks are the property of their respective owners.

USE OF THE SITE

During your use of the Site, you may be asked to provide personal information or data to us in order to receive quotes for insurance products and to assist with the selection of an insurance producer for you. Our information collection and use policies with respect to the privacy of personal information are set forth in the Site’s Privacy Policy Which is incorporated herein by reference. Please read our Privacy Policy before submitting any personal information. You acknowledge and agree that you are solely responsible for the accuracy and content of all personal information and any other data you submit. We cannot be responsible for maintaining any information that you provide to us, and we may delete or destroy any such information at any time.

Use of the Site for the any following purposes or activities is strictly prohibited:

  • conducting or supporting illegal activity of any type whatsoever
  • transmitting or storing worms or viruses or any code of a destructive nature
  • threatening, harassing, abusing, impersonating, injuring or intimidating others
  • interfering with others’ use of the Site, unless such interference is for the purpose of complying with another section of these Terms of Use
  • delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements
  • decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in the Site
  • disguising the origin of any content transmitted through this website or manipulating your presence on the website
  • causing the launch of any automated system(s) that accesses this website in a manner that sends more request messages to servers of the website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser

USER ACCOUNTS

We may enable you to establish an account on the Site with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

DISCLAIMER OF WARRANTIES

All content, materials and services provided on this site, without limitation, are given on an “as is” and “as available” basis, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data processing services, uninterrupted access, or any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the site or the services, content, functions or materials contained therein will be timely or secure or continue uninterrupted or error-free or that defects will be corrected. We make no warranty that the site will meet users’ requirements. If you should be dissatisfied with the Site, your sole remedy is to discontinue use. You should not rely on the Site to maintain any user data. You should retain all such data and information in your own records for use in the event that the Site fails or is unavailable, or the data or information is lost. We do not endorse or recommend any particular insurance carrier, licensed agent or other third party.

LIMITATION OF LIABILITY

To the fullest extent permissible under applicable law, in no event shall we or any of our directors, officers, or employees, or those of our agents, affiliates, or content or service providers (hereinafter associated entities) be liable for damages of any kind whatsoever including, but not limited to, direct, indirect, special, incidental, consequential, exemplary or punitive arising from, or directly or indirectly related to, your use of or inability to use this Site or its content, materials and functions. Without limitation, no liability shall arise from any loss of revenue or anticipated profits or lost business or lost sales, even if we and/or our associated entities are advised of the possibility of such damages. Some jurisdictions do not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you. In such case, the maximum liability of us shall not exceed the amount paid by you for access to this site. In no event shall we or our associated entities be liable for any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site.

You hereby acknowledge that the preceding limitation on liability will apply to all content and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdiction’s liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability of (b) USD $100.

LEGAL DISPUTES

YOU AND apbenner.com AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and apbenner.com, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “apbenner.com”) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. apbenner.com will provide such notice by email to your e-mail address on file with apbenner.com and you must provide such notice by email to [email protected].

Any Covered Disputes you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. You and we agree that any arbitration you initiate, you will pay the fees (i.e.., filing, hearing, hearing room, abeyance) and you and us will split the arbitrator’s compensation and expenses. For any arbitration initiated by us, we will pay the fees (i.e.., filing, hearing, hearing room, abeyance) and you and us will split the arbitrator’s compensation and expenses. The arbitration shall be held in Chicago, IL. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. apbenner.com reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of court located in Cook County, Illinois.

If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.”

GOVERNING LAW

These Terms of Use and all matters regarding your use of the Site shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

LINKS FROM OUR SITE

Our Site contains links to other third-party websites maintained and operated by persons and/or companies outside of apbenner.com. We provide these links for your assistance and information. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising or other materials.

You understand and agree that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website – or for any of the goods, services, or advertising available from these sites.

APPLICABLE LAWS

We control and operate this Site from our offices in the United States of America. We are not licensed outside of the United States, and we are not soliciting business outside of the United States. We do not represent that materials on the Site are appropriate or available for use in other nations or other locations. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for all aspects of compliance with local laws. These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Washington, without giving effect to the State of Washington’s conflict of laws principles. You agree that any use of action that may arise under our Terms of Use shall commence and be heard in the appropriate court in the State of Washington. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Washington. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court to be unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions. We may modify these Terms of Use at any time, simply by updating and posting these Terms of Use on the site and without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Last Updated: Oct 2022