TERMS OF USE

By accessing this website (the "Site"), or any of the Site's Content (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions (the "Terms"). If you do not agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Top10HomeInsurance.com, the owner of the Site (hereafter referred to as "we", "us" or "our"). You represent, covenant and warrant that you have all authorizations that may be necessary to enter into this agreement and that your use of the Site, including provision or use of any Content, does not violate any applicable law.

  1. Our Services

    The Site acts as a portal to facilitate insurance agents, insurance companies and other similar parties who are customers of the Site (each a "Provider") to offer for sale and to sell, insurance and other products to potential consumers (each a "Prospect"), and all Prospects and Providers are called the Site's users (each a "User" and collectively the "Users") and applied to receive insurance or other authorized quotations from a Provider (the "Service"). We are not involved in the actual transaction between a Prospect and Provider although we may, with a Prospect's authorization, collect certain information (a "Lead") about a Prospect and sell the Lead to a Provider. As a result, the legality, safety or quality of the products offered for sale by a Provider, the accuracy or veracity of the representations regarding the products, the ability of Providers to sell the products or the ability of Prospects to pay for the products, are solely the responsibility of each User. For all purposes we are an independent contractor. We do not issue insurance contracts or bind coverage. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers or insurance policies or other related products offered by such Providers. We do not provide any type of insurance, tax, financial, legal or any other advice. We do not guarantee that any Providers to whom we send a Prospect's application will contact the Prospect or agree to provide the Prospect with the requested insurance coverage. If you are a Prospect and you would like personal advice or insurance specific policy recommendations, please consult with a qualified professional. Be advised that we are not a party to any transaction(s) conducted through the Site. We do not offer or sell any insurance or other products shown on the Site.
  2. Personal Use

    We do not charge Users to access the public portions of the Site. We grant each User a limited, revocable, non-exclusive license to access the Site in order to view or make inquiries to us regarding our Service, in accordance with these Terms. We further grant each Provider a limited, revocable, non-exclusive license to access the password-protected portions of the Site in accordance with any written agreement between us and the Provider and with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of display, copying, aggregation, collection, or derivative use of the Site nor any right of use of spiders, data mining, robots or similar data extraction and gathering tools without our prior express written permission.
  3. Downloading of Information from the Site and Proprietary Rights

    All Content and the Site itself is protected by copyright and database rights as a compilation and/or collective work, pursuant to U.S. copyright laws, other copyright laws, and international conventions. The text, images, maps, files photos, and other materials on the Site (collectively, the "Content") are only for each User's personal use in accordance with the limited license grant contained herein or in the case of Providers, pursuant to any separate written agreement with us. All Users agree to abide by these Terms and any and all additional information, restrictions or copyright notices contained in or relating to any Content on the Site. Copying or storing any Content other than for noncommercial, personal use is expressly prohibited without prior written permission from us or the applicable copyright holder.
  4. Unauthorized Use

    Unless otherwise provided herein, or unless otherwise allowed under applicable law, you may not do any of the following without our prior written consent:
    Upload, post, display, copy, republish, reproduce, transmit, or distribute any Content in any form whatsoever; Reproduce any portion of the Site on your website or, using any device, including but not limited to use of a border or frame environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or replicate or mirror any portion of the Site; Reverse engineer any part of the Site; Modify, translate into any written or computer language, or create derivative works or translations from any Content or part of the Site; Offer for sale, sell, license, or transfer, in any form, any portion of the Site any third parties; Use any spider, robot or other automated device or automated or manual process to copy, monitor, or keep a database copy of the Content or any portion of the Site; Use the Site other than to make legitimate inquiries to us regarding our Service or to learn about our Service; Use the Site to create any fraudulent or false inquiry or account; Transmit or post any abusive, threatening, unlawful, defamatory, libelous, false, misleading indications of origin or statements of fact, vulgar, obscene, indecent, sexually explicit, pornographic, profane or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms; Access or use the Site in any way that, in our sole discretion, adversely affects the function or performance function of the Site or any other networks or computer systems used by us or the Site, or infringes on our, or Providers' or any third party's trademark, copyright, patent rights, rights of privacy or publicity or any other proprietary rights, or; Transmit or upload to the Site, or use in connection with the Site, any software, device or routine that contains viruses, worms, time bombs, Trojan horses or other computer programming routines that may interfere with or attempt to interfere with, damage or in any way intercept the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computing platform.
    If you are or become aware of or experience any Content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending notification to contact@katch.com.
  5. Site Changes

    We may change, discontinue or suspend any aspect of the Site at any time, including the availability of any Site features, Content or database. We may also impose limits on certain services or features or restrict your access to all or part of the Site without notice to you or liability to us.
  6. Our Privacy Policy

    When you use the Site to send us an inquiry, you agree to allow us and our affiliates to add your e-mail address to our User database. You may receive one or more promotional e-mails from us and/or our affiliates. You may opt-out of receiving such promotional e-mails from us at any time. Our Privacy Policy explains our information collection practices and safeguards and how to opt-out of receiving such e-mails. Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy, which is expressly incorporated into these Terms.
  7. Identity Verification.

    We encourage all Users to use appropriate caution when interacting with anyone whom you may be doing business with specifically via the Site or the generally via the Internet.
  8. LIMITATION OF LIABILITY

    IN NO EVENT WILL THE COMPANY, THE SITE, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, COVER, LOSS OF REVENUE OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SITE 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 SITE, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE COMPANY, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY AND THE LIABILITY OF ANY MEMBER OF THE COMPANY, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE 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) $200.00. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action first arises.
  9. DISCLAIMER

    THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, INFORMATION, FUNCTIONS AND MATERIALS, MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES, CONTENT OR MATERIALS CONTAINED THEREIN WILL MEET YOUR NEEDS, BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  10. 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 the Company, and each of their respective agents, directors, officers, employees, shareholders, and all other related persons or entities from any and all manner of rights, complaints, demands, claims, causes of action, proceedings, obligations, liabilities, 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 Site. If you are a California resident, you hereby 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.
  11. Indemnity.

    You hereby agree to indemnify, defend and hold the Company, and each of their respective agents, directors, officers, employees, shareholders, and all other related persons or entities (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees and court costs) incurred by the Indemnified Parties in connection with any claim arising out of your use of the site (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.
  12. Choice of Law and Forum

    This agreement is governed by the laws of the State of Florida, United States of America, excluding its choice of law rules. You irrevocably agree that such jurisdiction and venue will be the sole and exclusive jurisdiction and venue of any legal dispute. You covenant not to sue us in any other forum for any cause of action. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
  13. No Agency

    The relationship between the Company and each User and Provider is that of independent contractors, and no agency, joint venture, partnership, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
  14. Notices.

    Except as explicitly stated otherwise, any notices sent from you to us shall be submitted via e-mail at contact@katch.com with a copy of such notice sent by certified postal mail, return receipt requested, to: Legal Department, HealthCare.com, Inc. 3301 NE 1st Avenue, PH4, Miami, FL 33137. When we need to send a notice to you, it shall be sent to the e-mail address you provide to us during the registration process (if applicable). Notice shall be deemed given upon receipt or 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (if applicable). In such cases, notice shall be deemed given three days after the date of mailing.
  15. Amendments.

    We reserve the right to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your use of the Site or submission of a quote request following the posting of any such change, modification or amendment to these Terms will constitute your acceptance thereof.
  16. Links to Third-Party Sites

    This Site may contain links to other Internet sites. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by us of such third-party sites or the contents or products thereof.