Terms of service.

Please read these Terms of Use carefully before accessing or using any of the services offered by IndyCover.

These Terms of Use, together with our privacy policy ("Privacy Policy") and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, are collectively called “Terms,” “Terms of Use,” or “Terms of Services.” These Terms of Use apply to the IndyCover web site located at http://indycover.com (“the Site”), and the related products and services offered by IndyCover and its subsidiaries, including IndyCover Insurance Agency and IndyCover Offers Inc. (hereinafter referred to as “IndyCover,” “we,” or “us”). The Terms govern the access or use by you of applications, websites, content, products, services, and programs made available by IndyCover (the “Services”). “You” and “Your” refer to the user of the Services. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Continued use of the Services constitutes your acceptance of any revisions to these Terms.

SMS Terms and Conditions

SMS mobile messaging IndyCover SMS Program. We are offering a mobile messaging program (the “IndyCover SMS Program” or the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions. It is optional for you to participate in the mobile messaging program. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through arbitration, as detailed in the “Dispute Resolution” section below.

User Opt In: The IndyCover SMS Program allows users to receive SMS mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By opting in or participating in the IndyCover SMS Program, you agree to receive message(s) from us at the phone number associated with your opt-in. When you opt-in to participate in the IndyCover SMS Program, the messages you receive may include the following: a code to verify your phone number, responses from our customer support team to your inquiries, updates about IndyCover products or services, at the number associated with your opt-in. Message and data rates may apply. Message frequency may vary.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Customer Care Information: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@indycover.com.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by wireless carrier(s). Carriers and we are not liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers (e.g., T-Mobile, etc.) are not liable for delayed or undelivered messages.

Privacy: All information collected from users of our sites is subject to our Privacy Policy, which is incorporated by reference into this agreement. For more information, see our privacy policy.

Limitations of Use

You agree to use the Services or any aspect or feature thereof only for lawful purposes. You may not use the Services in any way that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to, unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Services, is strictly prohibited.

By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years of age and are a legal adult in the jurisdiction(s) in which you reside; (ii) you have the right, authority, and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide; (iii) the Services are offered only for your use, and not for the use or benefit of others; (iv) your account may not be used for Services to be performed for another person; (v) you will not attempt to use another's account or create a false identity; (vi) you will not verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise threaten to harm any employee or agent of the company; (vii) you will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (viii) you will not utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (ix) you will not adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (x) you will not rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (xi) use the communication systems provided by the Services for any commercial solicitation purposes; (xii) you will not remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors'); (xiii) you will not collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) you will not share third party's information or their User Content without their express consent; (xv) you will not infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) you will not use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, "scrape," "crawl," "cache," "spider" or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) you will not use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) you will not access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) you will not attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.

Collection and Use of Your Information

We will not share your personal information with third parties without your consent. This information may include but are not limited to the following: nonpublic personal information, application Information, consumer report Information, transaction information, website Information. We limit access to your information and use safeguards to help protect it. We may ask you to provide personal information that will enable us to enhance your use of the Services, including but not limited to purposes such as, to facilitate correspondence with you, to facilitate or complete transactions, or to provide an accurate price for one or more services we are providing (such as insurance, auto loan, etc.). It is always your choice whether or not to provide personal information. If you choose to provide your personal information and agree to the Terms set forth herein, you will be consenting to the Services’ collection and use of your information even if it is protected by a security freeze. If you choose not to provide requested personal information, you may not be able to use certain features of the Services.

Our policies with respect to our collection and use of such information are set forth in our privacy policy, which is hereby incorporated by reference in its entirety.

Your Authorization When Signing up with IndyCover Insurance Agency

By signing up with IndyCover Insurance Agency (“IndyCover”), you agree that we will shop insurance on your behalf. To shop insurance for you, we may ask you to authorize us to obtain and review your insurance coverage information by providing your personal information to us. Accordingly, you authorize us to send request(s) to your current insurance company or agent for them to send all your insurance policy information to us, if needed. During the course of using our services, if you have insurance policies with insurance companies we do business with that allow for broker of record changes, we may ask you to appoint IndyCover as your new broker of record. We will not become your broker of record unless you give IndyCover express authorization to do so. You agree that we may send communications to your insurance provider using your automatically generated e-signature as authorization.

IndyCover uses third party partners to provide additional quotes for insurance carriers that we do not have direct appointments with. We request our partners and those carriers to share with us certain information, including but are not limited to, policy number, term length, policy premium and effective date, so that we may provide that information to you and enhance your user experience on our site. The information will be what was provided by the carrier and may or may not be accurate based on the processes of the said carrier.

Your Authorization When Using IndyCover for Your Insurance Payment

Relationship. If you intend to purchase insurance from an insurance company through IndyCover, you agree and understand that (1) IndyCover is an insurance agent that may collect premium on behalf of the insurance company at its direction; (2) IndyCover retains the right to collect unpaid premium on the insurance company's behalf; (3) IndyCover retains the right to change billing method on file with the insurance company if the insured does not make payment.

Tools We May Offer: We may from time to time offer you the ability to access certain financial management tools. Examples of such tools may include, but are not limited to, bill payment reminders and other similar services. Unless we indicate otherwise, these tools will be provided to you free of charge and are provided exclusively for personal use.

Limitations on Tools: You agree that we may modify the tools or cease making them available to you at any time without notice. We have no obligation to continue to make any particular tool available to you or to do so without charge. If we modify a tool or cease to make a tool available to you, you understand that you may lose access to any information that you may have supplied in connection with your use of the tool and have no rights to obtain such information from us. To the extent that the tools present information regarding financial accounts you may have with other lenders or financial institutions, you understand that the information may not be up to date. Before acting on any such information, you should confirm its accuracy with the lender or financial institution holding the account. There may be times when a tool we offer is unavailable or not properly functioning, and you agree that we have no liability to you if this occurs or in connection with the tools generally. You may need certain hardware or software to utilize the tools, and you understand that your failure to have such hardware or software will result in your not being able to use the tools or some tool functionality. You understand that some tools or some tool functionality may only be available to consumers who have relationships with certain lenders, service providers or financial institutions or who have certain financial products. If you do not have such relationships or products, you understand that you may not be eligible to use a tool or all of its functionality. You agree that we may use information we gather through the tools to market other products and/or services to you, including those of third parties.

Third Party Providers: IndyCover may rely on third party providers to assist in making a tool or other IndyCover Service available to you. By linking your bank account to IndyCover via a third party provider, you authorize IndyCover and its third party providers to access information about your financial accounts on your behalf, and to gather information about you, including but not limited to your account balance, and whether your account is in good standing. You give us and our third party providers a limited power of attorney, and appoint us and our third party providers as your true and lawful attorney-in-fact and agent to act on your behalf and access, transmit, and use your information as necessary to provide the tools and other Services. You agree to the transfer, storage, and processing of your information by these third party providers in accordance with their respective privacy policies, including third party’s privacy policy. We have no liability to you for any damages you may suffer as a result of any such third party’s actions or inactions or from inaccurate account information.

Cancelling Payments. We may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to your history of transactions on our site, the user’s account history or any other reason. At termination of your relationship with IndyCover, you may still have a balance with IndyCover. You may still owe money (or owe money to) IndyCover at the termination of your relationship with IndyCover. Any outstanding balance will be resolved with final debit or credit transaction(s).

Return Insurance Premium. You understand and agree that any premium due to you upon cancellation, by you or us, will be returned to you as directed by the insurance company.

How IndyCover will use the user's payment information. As an agent of the insurance carrier, IndyCover will charge your selected payment method (such as your credit card, debit card, gift card/code, etc.) to collect insurance premium, fees, and facilitate other transactions as directed by the insurance carrier, including any applicable taxes. IndyCover, its affiliates, or other third parties will store your payment information for the purposes of conducting transactions. You authorize IndyCover to: (i) periodically initiate payments from or debits against your financial account(s) for the amounts then due to the insurance carrier as directed by the carrier; (ii) initiate any other payments or debits authorized by you or anyone using your account; iii) periodically verify the balance of your account using 3rd party tools as enrolled by the user. This authorization will remain in force for thirty (30) days after you change your payment preferences. All payments must be made in U.S. dollars. You acknowledge and agree that IndyCover may share your information, including information about your financial accounts, with our payment partner for this purpose. You should be aware that online payment and debit transactions are subject to validation checks by our payment partner and your card issuer or financial institution, and we are not responsible if your card issuer or financial institution declines to authorize payment or a debit for any reason. For your protection, our payment partner uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize our Payment Partner to verify and authenticate your payment information. Please note that it is possible that your card issuer or financial institution may charge you an online handling fee or processing fee for these online transactions. We are not responsible for such fees. You understand and agree that no transaction, including without limitation the purchase of any insurance policy, is final until you receive a confirmation from IndyCover.

If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize IndyCover to attempt to charge your other eligible payment methods. If IndyCover cannot charge you, you remain responsible for any uncollected amounts due to the insurance carrier, and IndyCover or the carrier may attempt to charge you again or request that you provide another payment method. In accordance with local law, IndyCover may automatically update your payment information regarding your payment methods if provided such information by the payment networks or your financial institutions.

Payment Reminders. You agree to allow IndyCover to send you payment reminders from time-to-time. Such payment reminders may take the form of any available communication.

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 (at: info@indycover.com) immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to IndyCover and its affiliates. For your protection, if IndyCover believes that any unauthorized access may occur or has occurred, IndyCover may terminate your account access without prior notice to you. You hereby authorize IndyCover, 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.

User content. You may submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services, and questions you ask us in “Ask an Expert” or “Q and A” features of the Services ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create derivative works of, distribute, publicly display, publicly perform, and/or otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. We shall be free to use any ideas, concepts, know-hows or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating any User Content. You represent and warrant that: (i) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion at any time and for any reason or no reason, without notice to you or any others.

Information on the Services

Our Services display information or content created by you, other users, us and/or third parties, including but not limited to information in the “Ask an Expert” and/or “Q and A” features of the Services. The information or content displayed (including information in the “Ask an Expert” or “Q and A” features of the Services) does not constitute professional advice and is provided for informational purposes only, with no assurance that any information or content displayed is true, current, correct, or accurate. You should not rely on such information or content, and no action or inaction should be taken based on the information found on the Services. The information or content displayed is not a substitute for professional advice. Should you send specific or confidential information, IndyCover has no duty to keep that information confidential. You should not delay or forego seeking professional advice based on anything found on the Services. The “Ask an Expert” and “Q and A” features of the Services are not regulated by any national or state bar association or state licenses. The information posted by you and IndyCover (including information in the “Ask an Expert” or “Q and A” features of the Services) is not confidential and does not establish a professional relationship between you and IndyCover, such as a broker-client relationship or an attorney-client relationship.

Termination

If you wish to terminate your Account, you may do so by sending us a written notice by email (info@indycover.com) or U.S. mail (111 Dallas Street Suite 16 Argyle Texas 76226, Attn: Legal). We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, disclaimers, indemnity and limitations of liability.

Your Obligations and Authorizations

By registering with IndyCover, you acknowledge and authorize IndyCover and its authorized agents to (i) 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, (ii) 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 (iii) act in any way reasonably necessary to accomplish the goal of shopping for financial products (e.g., insurance or auto loan refinancing) for you subject to any instructions provided by you in advance. 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 IndyCover 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 by emailing us at info@indycover.com.

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: (i) store Your Data in accordance with applicable laws, (ii) use any signatures or other materials you provide us in order to provide you the products and services offered through the Services, (iii) 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 (iv) 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. While the Services may be endorsed by the third-parties with whom Your Data is held from time to time, you should not interpret that we are working directly with the third-party or that the third-party has sponsored or endorsed the Services or our interaction with the third-party’s services at your direction. You understand that you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for us or our authorized representatives to request and receive copies of consumer reports, scores, and related information about you from third parties. We or our authorized representatives may release information to our partners, affiliates, insurance companies, or others.

Third-Party Practices

This Service(s) may contain links to other websites or services that are not maintained by us. Unless otherwise stated, we make no warranties or representations regarding these websites or the products and services offered by them. We do not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other websites, as their practices may differ from ours.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of IndyCover and its licensors. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. The term “IndyCover” in the context of the Services offered by us and the related logos are the trademarks of IndyCover. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent expressly permitted by IndyCover.

Disclaimer

THE SERVICES 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 (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT INDYCOVER WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE INDYCOVER PRODUCT OR SERVICES WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE TO ANY NATURAL PERSON; OR (IX) THAT INDYCOVER PRODUCTS OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. INDYCOVER 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. INDYCOVER 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 INDYCOVER (OR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, 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 INDYCOVER 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 INDYCOVER OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL INDYCOVER 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 (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTH PERIOD OR (B) $500.00. INDYCOVER AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE INDYCOVER SERVICES. THE INDYCOVER SERVICES CONNECTS USERS WITH THIRD PARTY PROVIDERS INCLUDING INSURANCE COMPANIES OR LENDING PARTNERS. WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE INDYCOVER FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, 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 BY USING THE INDYCOVER SERVICES, YOU USE THE INDYCOVER SERVICES, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE INDYCOVER 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT INDYCOVER OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED IN THE PREVIOUS 12 MONTHS.

BY USING THE INDYCOVER SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE INDYCOVER SERVICES.

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.

Indemnification. You hereby agree to indemnify, defend, and hold harmless IndyCover, 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: (i) your use or misuse of or inability to use the IndyCover Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; and (iv) your information and content that you submit or transmit through the IndyCover Services. IndyCover 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 IndyCover.

Dispute Resolution

Arbitration. Any dispute or claim relating in any way to your use of the IndyCover Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to IndyCover’s Registered Agent/Legal Department, located at 111 Dallas Street Suite 16 Argyle Texas 76226. The arbitration will be conducted in Santa Clara, California, by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, IndyCover will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable law. By accessing or using the IndyCover Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state, will govern these Terms of Use and any dispute of any sort that might arise between you and IndyCover.

Other Provisions

General. You may not assign these Terms without IndyCover's prior written approval. IndyCover may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of IndyCover's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. IndyCover's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by IndyCover in writing.

Complaints of copyright infringement. We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided through the IndyCover Services infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed (all relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that we may find it (please note it is not sufficient to merely provide a top level URL); (iii) the complete name, address, telephone number and email address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. IndyCover's contact information for notice of alleged copyright infringement is via email: info@indycover.com or via U.S. mail: 111 Dallas Street Suite 16 Argyle Texas 76226, Attn: Legal.

Notice. IndyCover may give notice by means of a general notice through the IndyCover Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to IndyCover, with such notice deemed given when received by IndyCover, at any time by first class mail to: 111 Dallas Street Suite 16 Argyle Texas 76226, Attn: Legal.

Feedback and Information

Any feedback you provide relating to the Services shall be deemed to be non-confidential. IndyCover shall be free to use such information on an unrestricted basis.

The information contained in the IndyCover website is subject to change without notice.

If you have any questions regarding these Terms or our practices, please contact us by email (info@indycover.com) or by U.S. mail (111 Dallas Street Suite 16 Argyle Texas 76226, Attn: Legal).