Insurancespecialists.com and its related, affiliated and subsidiary companies disclaim all warranties, implied or expressed, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
In no event shall Insurancespecialists.com and its related, affiliated and subsidiary companies be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of this Site or the information provided on this Site.
You acknowledge and agree that we are not a lender, broker, investor, financial institution, or other Service provider. You acknowledge and agree that we are solely an intermediary between you and such persons or institution and, therefore, we expressly disclaim any and all liability to any content, Services or financial products provided by such parties.
It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided herein or by any third party. Consult your own legal, tax, health professionals with respect to your personal situation.
The Site and its original content, features and functionality are owned by Upside Holdings, L.L.C. and are protected by all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Site/Services Content”). Distribution of this property is prohibited unless consent is given.
Any Insurance/financial company logos used herein are the exclusive property of the respective companies, and are used with permission.
This Site provides products/services for U.S. residents only. You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use this Site in any way that violates any applicable federal, state, local, or international law or regulation.
It is prohibited to directly or indirectly interfere, or attempt to interfere with the proper working of this Site/Service or system integrities or securities.
It is prohibited to use any robot, spider, other automatic device, or manual process to monitor or access or copy our web pages or any content without our prior expressed written permission.
It is prohibited to use any manual process to monitor or copy any of the material on this Site or for any other unauthorized purpose without our prior written consent.
It is prohibited to represent yourself as someone else or hide or attempt to hide your identity.
Limitation Of Liability
Insurance or Financial products offered are intended for residents of states in which the insurance company/ financial company is licensed. Products available may vary by state. This Site does not provide an application for any type of insurance or financial product.
In no event shall Insurancespecialists.com, nor its subsidiaries, licensors, directors, shareholders, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site.
You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights or any errors, omissions, or other inaccuracies in, or destructive properties of this Site or the Site content.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE UPSIDE HOLDINGS AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS SITE AND SERVICE.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
BY ACCESSING AND/OR USING ANY UPSIDE HOLDINGS SITE/SERVICES OR SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE UPSIDE HOLDINGS SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS.
THIS AGREEMENT IS BINDING TO ARBITRATE ALL CLAIMS. YOU AGREE THAT DISPUTES BETWEEN YOU AND UPSIDE HOLDINGS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND UPSIDE HOLDINGS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST UPSIDE HOLDINGS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Review this section carefully. This arbitration provision limits your and Upside Holdings’ ability to litigate claims in court and you and Upside holdings each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court.
We strive to never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If no resolution results from this informal process, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. As an alternative, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
If any provision of this Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Arbitration Agreement shall continue in full force and effect. No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Arbitration Agreement will survive the termination of your relationship with Upside holdings.
Changes To This Agreement
We reserve the right to change any content, feature or functions of our Site/Services without prior notice. We may deny you access to the Site/Services for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our legal rights or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Site/Services whether caused by errors in the registration information you provided by any technical problems in our system.