Terms of Service
Terms of Service
Terms of Service
These Terms shall apply to www.insuremyivf.com and any domains and affiliated websites (collectively, the “Sites”) owned and operated by Family OS Insurance Solutions, LLC. We use the terms “We”, “FOS”, or the “Company” to refer to by Family OS Insurance Solutions, LLC. “You" and "your" means the person giving consent, and each additional account owner, authorized signer, representative, and/or user identified on any product, service, or account that you download, request, administer, use, or access from or with us. By using the Sites, you agree to the following terms, in addition to our Privacy Notice, all of which together are the “Terms”.
PLEASE NOTE THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT GOVERNS HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT (SEE SECTION 10 BELOW). THIS MEANS THAT DISPUTES BETWEEN YOU AND US MUST BE HANDLED BY INDIVIDUAL ARBITRATION IF YOU OR WE ELECT, AND THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, USE A JURY, OR BE PART OF A CLASS ACTION. YOU CAN OPT OUT OF THIS, AS SPECIFIED IN SECTION 10.
1. Services
The "Services" refers to any product or service made available through or by FOS. Any insurance offered to you through the Sites is provided to you by the insurance company listed in the insurance policy (the “Carrier”), and not FOS.
Quotes provided by FOS are for policies that may be available to you at prices estimated based on the information provided to FOS through the Site. Actual availability and pricing are determined after you submit your application. The accuracy of your information, the information further obtained by FOS and your answers to additional questions on the Sites, email or on the phone may impact the pricing and availability of the policies. All products, coverages, features and discounts are subject to underwriting and/or other guidelines as well as the terms and conditions of the policies and contracts issued in each state. Availability and eligibility may vary from state to state.
FOS is a general agent for the Carrier and as such, may receive compensation as an agent for insurance products sold through the Sites. Any and all risks placed through FOS are placed in accordance with applicable state and federal law, including surplus lines laws. FOS is licensed as a casualty insurance agency in all states where the products are offered. A list of FOS’ state license numbers can be found here. FOS is not an insurance provider. FOS insurance products are not available in any jurisdiction in which we are not licensed and writing business and we are not soliciting business in any such jurisdiction. The Sites may contain information or products which may not be available in all states. FOS has created the Sites to include relevant information, however no representation is made as to completeness or accuracy of the information it contains. Coverage under any insurance policy offered by FOS is subject to the terms and conditions of such policy.
Our product forms are available in English only, unless required otherwise by law. Any Non-English documentation or advertising is informational only, unless required otherwise by law. In the event of a discrepancy between the English version and the non-English version of a document, the English version will be the controlling document.
2. Prohibited Uses
a. You may use the Sites and the Services only in accordance with these Terms, and any other agreements between you and us. You agree not to use the Sites or the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation; to impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites or the Services, or which, as determined by us, may harm us or users of the Sites or the Services or expose them to liability.
b. Additionally, you agree not to use the Sites or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Sites or the Services, including their ability to engage in real time activities through the Sites or the Services; use any robot, spider or other automatic device, process or means to access the Sites or the Services for any purpose, including monitoring or copying any of the material on the Sites or the Services; use any manual process to monitor or copy any of the material on the Sites or the Services or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Sites or the Services; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer database connected to the Sites or the Services; and otherwise attempt to interfere with the proper working of the Sites or the Services. Should you use the Sites or the Services to commit a criminal offense, we may disclose information about the user, including the user's identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user’s right to use the Sites and the Services.
c. You will not and will not permit any third party to: (i) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Sites or Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form unless expressly allowed; (ii) access or use the Sites or the Services to circumvent or exceed account limitations or requirements; (iii) use the Sites or the Services for the purpose of building a similar or competitive product or service, (iv) obtain unauthorized access to the Services (including without limitation permitting access to or use of the Sites or the Services via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized users); (v) use the Sites or the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (vi) publish, post, upload or otherwise transmit data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (vii) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Sites or the Services.
3. Disclaimer of Warranties
The Sites and all of its content are provided "as is" and without warranties or representations of any kind, either express or implied. This means that we disclaim all express and implied warranties, including but not limited to: the material is of any particular quality or is fit for a particular purpose; that the Sites and/or content will be available to you; that you will qualify for offered products or services; the Sites, content or any emails sent by us are free of viruses or other harmful components or software; failure of performance; omission; that the functional elements contained in the materials will be uninterrupted or error-free; or that information contained in the Sites is accurate as of any particular date. We reserve the right to change or terminate all or part of the Sites at any time without notice. Certain states do not allow the disclaimer of implied warranties. If you are in such a state, the above disclaimer or a portion of it, may not apply to you.
Insurance policies contain exclusions and limitations either within the policy language or added to the policy by attachment of an endorsement. Not all exclusions or limitations are addressed in on the Sites. Exclusions and limitations can be absolute or conditional based on the specific circumstances and allegations of a loss or claim. Policy language dictates coverage. FOS offers the coverage options available from the insurance carriers it is licensed to represent or from those with which it has a relationship; the agency makes no representations regarding coverages, exclusions or limitations in policies from any carriers not represented by the agency nor does the agency make representations regarding the availability of coverage to cover any specific risk of loss in the broader insurance marketplace.
4. Limitation of Liability
To the extent permitted by law, we will not be responsible for any loss, claim, damages, or injuries that accompany or result from your use of the Sites whether based in contract, tort, strict liability, or otherwise. These include, but are not limited to, damages or injury caused by any: use of (or inability to use) the Sites; use of (or inability to use) any site to which you hyperlink to or from the Sites; failure of performance; error; omission; interruption; defect; delay in operation or transmission; computer virus; or communication line failure. We are not liable for any consequential or incidental damages, which are damages intended to compensate someone directly for a loss or injury, damages reasonably expected to result from a loss or injury, or other miscellaneous damages and expenses resulting directly from a loss or injury. Furthermore, except as provided below, we are not liable even if we have been negligent or if our authorized representatives have been advised of the possibility of such damages - or both. Some states do not allow limitations on how long an implied warranty lasts or exclusion or limitations on relief such as incidental or consequential damages, so the above limitation may not apply to you.
5. Online Registration/Application Process, Quotes, and Representations
If you apply for insurance through the Sites, you represent and warrant that:
You are the individual applying for and seeking insurance coverage under the Sites or otherwise accessing the Sites, and that you are not using our Site for unauthorized or unlawful use.
You have fully and accurately disclosed all material information we require.
You also agree to notify us immediately at any time that information ceases to be true, complete and accurate and understand that coverage may be terminated or declared void from inception or claims may be denied due to any misrepresentations, omissions, or inaccuracies stated by you.
Any quote provided to you from FOS does not provide any insurance coverage to you. Any quote is an estimate of the cost to obtain coverage with the Carrier, based on the information provided by you. Coverage, however, can only be obtained through a separate process that requires a completed, signed application for insurance that meets the underwriting criteria of the Carrier.
6. Consent to Electronic (“Paperless”) Communication and Electronic Signature
In order to apply for or purchase an insurance policy or other product through the Sites, you must agree to (i) completing and signing your application(s) and related forms electronically and (ii) receive electronic communications from us. This consent applies to any transaction you enter into with us through the Sites, or via other electronic means, such as email.
Electronic Communications: If you are electing or have elected to receive documents from us in electronic form, you agree as follows:
Required Technology. In order to access, download and retain electronic communications/documents, you must have a valid and working email address and access to a personal computer or smart device with internet capability and the following: a compatible Internet Browser (e.g. Edge, Chrome, Firefox, DuckDuckGo, etc.) and Adobe Acrobat Reader (available for free at adobe.com). Your browser may be required to allow pop-up windows and it may also be necessary for you to enable "Cookies". You must have the ability to save electronic communications on your device(s) or to print out the electronic communications. We may require you to validate your email address. If any hardware or software requirements needed to access or retain your electronic records are revised, we will notify you and you will have the right to withdraw your consent without penalty.
Types of Communications. By using the Sites and/or the Services, you acknowledge and agree that you are contracting with us electronically, and that we may provide you with any and all notices and disclosures related to the products and services from FOS that are initiated or applied for through the Site in electronic format (e.g., via email or Sites). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a "Communication") may be provided in electronic form and will be provided either: (1) via e-mail or text message, (2) via your account, or (3) via the Sites. You have the option to view, save, or print PDF versions of your account documents. You may download and store such Communication and agree that we may make retention copies of Communication.
Consent. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, messaging via your account, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to deliver messages relating to the Sites, your account, and your relationship with us more generally (for example, messages about our other products and service offerings, upcoming payment due dates, missed payments and returned payments), and as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons. By entering a mobile phone number, you certify that this is your number or that you have the authority to provide this number for contact. The account texts we send may be seen by anyone with access to your phone, and you should safeguard the confidentiality of your devices. You understand that telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else and that these messages may also be recorded by your answering machine. You also authorize us to deliver messages to you via mail or email at any addresses you supply to them or that they obtain through any legal means to us. If any telephone number you have provided to us changes, or if you cease to be the owner, subscriber or primary user of any such telephone number, you agree to immediately give Us notice of such facts so that we may update our records. Your consent to autodialed and prerecorded calls and text messages is not a condition of purchase of any good or service from us. You may revoke your consent to receive autodialed calls, text messages and/or calls that deliver a prerecorded or artificial voice message to your cellular telephone number by: writing to us at: Family OS Insurance Agency, LLC, Attn Legal Dept, 1048 Irvine Ave, 721, Newport Beach, CA 92660; emailing us at: support@insuremyivf.com; or, for text messages only, by replying to any text message that the we send to you with only the word “STOP.”
Message and Data Rates. We do not charge a fee to receive messages. Message & data rates may apply– this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account.
Phone Number Associated with Your Account. We may communicate with you at the phone number you provide (or any device connected to it) by way of calls, messages, emails, texts, voicemails, or any other type of communication receivable on my device. We can use live operators, automated telephone dialing systems, prerecorded voice messages, or any other technologies to communicate with you at that number. Your consent to use of automated dialing systems or technologies is not a condition of purchase and you may opt-out at any time.
Withdrawing Your Consent. You must agree to receive electronic communications in order to purchase a policy or other product produced by FOS through our Sites. You may withdraw your consent to receive future electronic communications from us regarding a purchased insurance policy or other product by contacting customer support by email to support@insuremyivf.com or by telephone at 949-444-2446. Except where required by law, FOS is not required to send you paper copies of any electronic communications. However, we reserve the right in our discretion to send you a paper communication regarding your FOS policy or product. You may request a paper copy of a communication relating to your FOS policy or other FOS product or service by contacting FOS customer support. Except where prohibited by law, FOS may impose a fee for providing you with a paper copy at your request.
Updating Contact Information. To update your email address or other contact information for receipt of electronic communications, or to withdraw your consent to receive electronic communications, please contact our customer service by email to support@insuremyivf.com or by telephone at (949) 444-2446. You must notify us immediately if you change your email address or other location to which your Communications are to be delivered.
If at any point you have questions regarding electronic delivery please contact us by any of the methods described above.
B. Electronic Signature and Use of Electronic Documents: If you elect to complete and/or electronically sign your application or any other related document on this Site (“electronic document”), you agree as follows:
By completing an electronic application or other form on the Sites, you agree that, for purposes of complying with any applicable law that requires a "writing," such electronic document shall be considered to be "in writing" or "written" to the same extent as if it were in paper form. You and we intend the federal Electronic Signatures in Global and National Commerce (E-SIGN) Act to apply to the fullest extent possible to validate the electronic transactions and communications of the parties.
By electronically signing a document on this Site (which may include clicking on an “I Accept” button or other steps designated on this Site as constituting your electronic signature), you agree that application of your electronic signature indicates your intent to sign and be bound by the applicable document to an extent no less than if it were signed using pen and paper, that it shall satisfy all legal requirements for a signature.
If introduced as evidence in any judicial, arbitration, mediation, or administrative proceedings, such electronic documents shall be admissible as between you and us to the same extent and under the same conditions as records originated and maintained in paper form, and you agree that you shall not contest the admissibility or enforceability of such electronic documents resulting from your electronic transaction(s) through the Sites on the basis that the electronic document was not originated or maintained in paper form.
If you have questions regarding Electronic Signature please contact us by any of the methods described above.
Online Account Access. If you choose to create an online account on our Sites, you agree to the following:
You may access your account online by entering the required identifying information such as your username and password in the appropriate fields.
We are authorized to act on the instructions we receive under your password without any requirement to question or otherwise verify those instructions.
We are not liable for any unauthorized access to your personal information that is not directly due to our gross negligence or intentional misconduct.
You acknowledge, understand, and agree with Consent to Electronic (“Paperless”) Communications and Electronic Signature You acknowledge your responsibility to keep your password and other uniquely identifiable information confidential and secret.
You will notify us immediately and cooperate with us if you believe anyone else has learned your password or if you think anyone has accessed your account without your authorization.
We may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
7. Applicable Law
These Terms, as well as the use of the Sites, is governed in all respects by the laws of the State of California without giving effect to any principles of conflict of laws. Any dispute concerning this Agreement, or our Site, shall be subject to the exclusive venue of a court of competent jurisdiction in the state of California.
8. Severability
If any provision in these Terms is held to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable from and shall not affect the validity and enforceability of the remaining provisions and the remaining provisions shall remain in full force and effect.
9. Trademark Notice
FOS designs and logos contained on this site are trademarks of Family OS Insurance Agency, Inc. and may not be used without the express written consent of FOS.
10. Dispute Resolution; Arbitration Agreement and Class Action Waiver
This section constitutes the arbitration agreement between you and us ("Arbitration Agreement") and includes a jury trial waiver and a class action waiver. This means that if a dispute is arbitrated, you are giving up your right to go to court to assert or defend your rights under these Terms. You are also giving up your right to bring or participate in a class action in court or in class-wide arbitration. This section governs disputes arising from or related to these Terms, your use of the Services, your access to and use of the Sites and any transactions or relationships resulting from any of the foregoing (the "Covered Disputes"). A dispute is generally any unresolved disagreement between or among you and us, and all such matters will be decided by arbitration. The term Covered Disputes shall be broadly interpreted and includes initial claims, counterclaims, cross-claims and third-party claims, and disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity. However, any dispute concerning the validity or enforceability of this Arbitration Agreement or the arbitrability of any claim or dispute is not a Covered Dispute and shall be for the court, not an arbitrator, to decide; whereas, any dispute concerning these Terms as a whole is for the arbitrator, not a court, to decide.
For purposes of this Arbitration Agreement, the terms "we," "us" and "our" also include our officers, directors, employees, agents, affiliates, successors, and assigns.
a. Dispute Resolution Without Courts, Judges, or Juries. You and we agree that upon demand by either you or us, regardless of when they arose, any Covered Disputes between you and us will be resolved by the arbitration process outlined in this section. This means:
You and we are choosing arbitration rather than litigation to resolve disputes.
You and we are each waiving the right to a jury trial or a trial before a judge in a public court (except for small claims court).
b. Binding Arbitration. Binding arbitration lets a neutral and independent third party (the "arbitrator") resolve a Covered Dispute instead of the court system, judges or juries. In the arbitration of a Covered Dispute, that neither you nor we will be entitled to:
Join or combine Covered Disputes with those of others in any arbitration; or
Serve as a representative or member of a class in any arbitration;
Moreover, the information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit. Other rights that the parties might have in court may not be available in arbitration.
c. Arbitration Procedures. Each arbitration, at the claimant's election, will be administered by and under the rules of the American Arbitration Association ("AAA"), https://www.adr.org. If AAA is unable to serve and the parties cannot agree on a substitute, a court with jurisdiction shall select the arbitrator. A single arbitrator shall be appointed in accordance with the administrator's rules. The arbitrator must be a member of the state bar where the arbitration is held with more than 10 years of experience or a retired judge and must have expertise in the substantive laws applicable to the subject matter of the Covered Dispute.
The arbitrator shall apply applicable substantive law in deciding the dispute. The arbitrator may award any relief available in court on an individual claim consistent with the constitutional standards applicable in judicial proceedings. At the request of any party, the arbitrator shall write a brief explanation of the basis of his or her award. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the applicable rules up to $250, and we will pay or reimburse you for any additional initial filing fee or case management fee. We will pay the entirety of the filing fees and/or case management fees if we demand arbitration first. We shall pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. You may ask the applicable arbitration administrator to reduce or waive your fees, or ask us to voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim. We will always pay any costs and fees required by applicable law or that are necessary to enforce this Arbitration Agreement.
Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim or dispute (i.e., the party seeking money damages or other relief) is responsible for starting the arbitration proceeding. Thus, if you assert a claim against us in court, and we elect to arbitrate that claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
You and we each acknowledge and agree that in this relationship:
You and we are participating in transactions involving interstate commerce.
Any and all claims, controversies, or disputes arising out of or related in any way to these Terms, your use of the Services, your access to and use of the Sites and any transactions or relationships resulting from any of the foregoing shall be subject to binding arbitration pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., at the election of you or us.
THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A REPRESENTATIVE OR MEMBER OF A CLASS, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
d. Small Claims Not Affected. Notwithstanding anything to the contrary in this section, this Arbitration Agreement does not affect your or our right to pursue disputes in small claims court (or your state's equivalent court) in the state where you reside if the court has jurisdiction over the dispute and the dispute remains in that court. However, if the dispute is transferred, removed or appealed to a different court, it shall be subject to arbitration.
e. Opt-out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending to us in writing your name and address, account number (if any), and notice of your decision to opt out to legal@insuremyivf.com; or to the following address: Family OS Insurance Agency, LLC, Attn Legal Dept, 1048 Irvine Ave, 721, Newport Beach, CA 92660, within 30 days of entering into these Terms. If you send this notice, then this Arbitration Agreement will not apply to either party, but the remaining parts of these Terms will continue to apply. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
f. Appeal. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA. However, if the amount of the dispute is more than $25,000, any party will have 30 days to appeal the award by notifying the arbitration administrator and all parties in writing. The administrator will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court with jurisdiction. An arbitration award and any judgment confirming it cannot be used in any case or arbitration except to enforce the award.
g. Severability. If any provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed from this Arbitration Agreement and the remainder of the Arbitration Agreement will be given full force and effect, except that: (i) if any provision dealing with class action, class arbitration, or consolidation is found to be illegal or unenforceable and all appeals from that ruling have been exhausted, then this entire Arbitration Agreement (except for this sentence) will be severed and the remaining provisions of these Terms shall be given full force and effect, and (ii) if a claim is brought seeking public injunctive relief and a court determines that this Arbitration Agreement is unenforceable with respect to such claim and all appeals from that ruling have been exhausted, the public injunctive relief claim will be severed and stayed in court until the completion of any individual arbitration of any claims seeking monetary relief.
h. Miscellaneous. You and we each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. You can participate without representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law.
Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law. The arbitrator may award reasonable expenses and attorneys' fees to the prevailing party if allowed by statute or applicable law.
The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgment on the pleadings, summary judgment, or partial summary judgment.
All parties (the arbitrator(s), you and we) agree to make best efforts to ensure that an arbitration proceeding as described in this Arbitration Agreement is completed within 180 days of filing the Covered Dispute. You and we agree not to disclose the existence, content, or results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. The arbitration shall take place in the federal district of your residence, at a location determined by the arbitrator. All statutes of limitations and rules of privilege that apply to any Covered Disputes apply to any arbitration between you and us.
This Arbitration Agreement constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications about dispute resolution. The provisions of this Arbitration Agreement will survive termination, amendment, or expiration of your account with us, these Terms, any other relationship between you and us and any bankruptcy by you (if permitted by applicable bankruptcy law).
No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Agreement.
If there are differences between this Arbitration Agreement and the rules of any arbitration administrator or other provisions in these Terms, this Arbitration Agreement will control.
11. Modifications
a. To the Agreement. We have the right to modify these Terms. No notice is required for any such modification. Any modification is effective immediately upon posting to the Sites. Your continued use of the Sites following the posting of any modification(s) to these Terms shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Sites.
b. To the Sites. We have the right to modify, suspend or discontinue the Sites or any portion thereof at any time, including the availability of any area of the Sites. We may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability
12. Contact Us
If you have any questions about these Terms, or have any other feedback, comments, requests for technical support and other communications relating to the Sites, we invite you to contact us via email at support@insuremyivf.com or by phone or by telephone at (949) 444-2446, and we will do our best to respond promptly and to try to resolve any issue.
These Terms shall apply to www.insuremyivf.com and any domains and affiliated websites (collectively, the “Sites”) owned and operated by Family OS Insurance Solutions, LLC. We use the terms “We”, “FOS”, or the “Company” to refer to by Family OS Insurance Solutions, LLC. “You" and "your" means the person giving consent, and each additional account owner, authorized signer, representative, and/or user identified on any product, service, or account that you download, request, administer, use, or access from or with us. By using the Sites, you agree to the following terms, in addition to our Privacy Notice, all of which together are the “Terms”.
PLEASE NOTE THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT GOVERNS HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT (SEE SECTION 10 BELOW). THIS MEANS THAT DISPUTES BETWEEN YOU AND US MUST BE HANDLED BY INDIVIDUAL ARBITRATION IF YOU OR WE ELECT, AND THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, USE A JURY, OR BE PART OF A CLASS ACTION. YOU CAN OPT OUT OF THIS, AS SPECIFIED IN SECTION 10.
1. Services
The "Services" refers to any product or service made available through or by FOS. Any insurance offered to you through the Sites is provided to you by the insurance company listed in the insurance policy (the “Carrier”), and not FOS.
Quotes provided by FOS are for policies that may be available to you at prices estimated based on the information provided to FOS through the Site. Actual availability and pricing are determined after you submit your application. The accuracy of your information, the information further obtained by FOS and your answers to additional questions on the Sites, email or on the phone may impact the pricing and availability of the policies. All products, coverages, features and discounts are subject to underwriting and/or other guidelines as well as the terms and conditions of the policies and contracts issued in each state. Availability and eligibility may vary from state to state.
FOS is a general agent for the Carrier and as such, may receive compensation as an agent for insurance products sold through the Sites. Any and all risks placed through FOS are placed in accordance with applicable state and federal law, including surplus lines laws. FOS is licensed as a casualty insurance agency in all states where the products are offered. A list of FOS’ state license numbers can be found here. FOS is not an insurance provider. FOS insurance products are not available in any jurisdiction in which we are not licensed and writing business and we are not soliciting business in any such jurisdiction. The Sites may contain information or products which may not be available in all states. FOS has created the Sites to include relevant information, however no representation is made as to completeness or accuracy of the information it contains. Coverage under any insurance policy offered by FOS is subject to the terms and conditions of such policy.
Our product forms are available in English only, unless required otherwise by law. Any Non-English documentation or advertising is informational only, unless required otherwise by law. In the event of a discrepancy between the English version and the non-English version of a document, the English version will be the controlling document.
2. Prohibited Uses
a. You may use the Sites and the Services only in accordance with these Terms, and any other agreements between you and us. You agree not to use the Sites or the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation; to impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites or the Services, or which, as determined by us, may harm us or users of the Sites or the Services or expose them to liability.
b. Additionally, you agree not to use the Sites or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Sites or the Services, including their ability to engage in real time activities through the Sites or the Services; use any robot, spider or other automatic device, process or means to access the Sites or the Services for any purpose, including monitoring or copying any of the material on the Sites or the Services; use any manual process to monitor or copy any of the material on the Sites or the Services or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Sites or the Services; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer database connected to the Sites or the Services; and otherwise attempt to interfere with the proper working of the Sites or the Services. Should you use the Sites or the Services to commit a criminal offense, we may disclose information about the user, including the user's identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user’s right to use the Sites and the Services.
c. You will not and will not permit any third party to: (i) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Sites or Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form unless expressly allowed; (ii) access or use the Sites or the Services to circumvent or exceed account limitations or requirements; (iii) use the Sites or the Services for the purpose of building a similar or competitive product or service, (iv) obtain unauthorized access to the Services (including without limitation permitting access to or use of the Sites or the Services via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized users); (v) use the Sites or the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (vi) publish, post, upload or otherwise transmit data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (vii) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Sites or the Services.
3. Disclaimer of Warranties
The Sites and all of its content are provided "as is" and without warranties or representations of any kind, either express or implied. This means that we disclaim all express and implied warranties, including but not limited to: the material is of any particular quality or is fit for a particular purpose; that the Sites and/or content will be available to you; that you will qualify for offered products or services; the Sites, content or any emails sent by us are free of viruses or other harmful components or software; failure of performance; omission; that the functional elements contained in the materials will be uninterrupted or error-free; or that information contained in the Sites is accurate as of any particular date. We reserve the right to change or terminate all or part of the Sites at any time without notice. Certain states do not allow the disclaimer of implied warranties. If you are in such a state, the above disclaimer or a portion of it, may not apply to you.
Insurance policies contain exclusions and limitations either within the policy language or added to the policy by attachment of an endorsement. Not all exclusions or limitations are addressed in on the Sites. Exclusions and limitations can be absolute or conditional based on the specific circumstances and allegations of a loss or claim. Policy language dictates coverage. FOS offers the coverage options available from the insurance carriers it is licensed to represent or from those with which it has a relationship; the agency makes no representations regarding coverages, exclusions or limitations in policies from any carriers not represented by the agency nor does the agency make representations regarding the availability of coverage to cover any specific risk of loss in the broader insurance marketplace.
4. Limitation of Liability
To the extent permitted by law, we will not be responsible for any loss, claim, damages, or injuries that accompany or result from your use of the Sites whether based in contract, tort, strict liability, or otherwise. These include, but are not limited to, damages or injury caused by any: use of (or inability to use) the Sites; use of (or inability to use) any site to which you hyperlink to or from the Sites; failure of performance; error; omission; interruption; defect; delay in operation or transmission; computer virus; or communication line failure. We are not liable for any consequential or incidental damages, which are damages intended to compensate someone directly for a loss or injury, damages reasonably expected to result from a loss or injury, or other miscellaneous damages and expenses resulting directly from a loss or injury. Furthermore, except as provided below, we are not liable even if we have been negligent or if our authorized representatives have been advised of the possibility of such damages - or both. Some states do not allow limitations on how long an implied warranty lasts or exclusion or limitations on relief such as incidental or consequential damages, so the above limitation may not apply to you.
5. Online Registration/Application Process, Quotes, and Representations
If you apply for insurance through the Sites, you represent and warrant that:
You are the individual applying for and seeking insurance coverage under the Sites or otherwise accessing the Sites, and that you are not using our Site for unauthorized or unlawful use.
You have fully and accurately disclosed all material information we require.
You also agree to notify us immediately at any time that information ceases to be true, complete and accurate and understand that coverage may be terminated or declared void from inception or claims may be denied due to any misrepresentations, omissions, or inaccuracies stated by you.
Any quote provided to you from FOS does not provide any insurance coverage to you. Any quote is an estimate of the cost to obtain coverage with the Carrier, based on the information provided by you. Coverage, however, can only be obtained through a separate process that requires a completed, signed application for insurance that meets the underwriting criteria of the Carrier.
6. Consent to Electronic (“Paperless”) Communication and Electronic Signature
In order to apply for or purchase an insurance policy or other product through the Sites, you must agree to (i) completing and signing your application(s) and related forms electronically and (ii) receive electronic communications from us. This consent applies to any transaction you enter into with us through the Sites, or via other electronic means, such as email.
Electronic Communications: If you are electing or have elected to receive documents from us in electronic form, you agree as follows:
Required Technology. In order to access, download and retain electronic communications/documents, you must have a valid and working email address and access to a personal computer or smart device with internet capability and the following: a compatible Internet Browser (e.g. Edge, Chrome, Firefox, DuckDuckGo, etc.) and Adobe Acrobat Reader (available for free at adobe.com). Your browser may be required to allow pop-up windows and it may also be necessary for you to enable "Cookies". You must have the ability to save electronic communications on your device(s) or to print out the electronic communications. We may require you to validate your email address. If any hardware or software requirements needed to access or retain your electronic records are revised, we will notify you and you will have the right to withdraw your consent without penalty.
Types of Communications. By using the Sites and/or the Services, you acknowledge and agree that you are contracting with us electronically, and that we may provide you with any and all notices and disclosures related to the products and services from FOS that are initiated or applied for through the Site in electronic format (e.g., via email or Sites). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a "Communication") may be provided in electronic form and will be provided either: (1) via e-mail or text message, (2) via your account, or (3) via the Sites. You have the option to view, save, or print PDF versions of your account documents. You may download and store such Communication and agree that we may make retention copies of Communication.
Consent. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, messaging via your account, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to deliver messages relating to the Sites, your account, and your relationship with us more generally (for example, messages about our other products and service offerings, upcoming payment due dates, missed payments and returned payments), and as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons. By entering a mobile phone number, you certify that this is your number or that you have the authority to provide this number for contact. The account texts we send may be seen by anyone with access to your phone, and you should safeguard the confidentiality of your devices. You understand that telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else and that these messages may also be recorded by your answering machine. You also authorize us to deliver messages to you via mail or email at any addresses you supply to them or that they obtain through any legal means to us. If any telephone number you have provided to us changes, or if you cease to be the owner, subscriber or primary user of any such telephone number, you agree to immediately give Us notice of such facts so that we may update our records. Your consent to autodialed and prerecorded calls and text messages is not a condition of purchase of any good or service from us. You may revoke your consent to receive autodialed calls, text messages and/or calls that deliver a prerecorded or artificial voice message to your cellular telephone number by: writing to us at: Family OS Insurance Agency, LLC, Attn Legal Dept, 1048 Irvine Ave, 721, Newport Beach, CA 92660; emailing us at: support@insuremyivf.com; or, for text messages only, by replying to any text message that the we send to you with only the word “STOP.”
Message and Data Rates. We do not charge a fee to receive messages. Message & data rates may apply– this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account.
Phone Number Associated with Your Account. We may communicate with you at the phone number you provide (or any device connected to it) by way of calls, messages, emails, texts, voicemails, or any other type of communication receivable on my device. We can use live operators, automated telephone dialing systems, prerecorded voice messages, or any other technologies to communicate with you at that number. Your consent to use of automated dialing systems or technologies is not a condition of purchase and you may opt-out at any time.
Withdrawing Your Consent. You must agree to receive electronic communications in order to purchase a policy or other product produced by FOS through our Sites. You may withdraw your consent to receive future electronic communications from us regarding a purchased insurance policy or other product by contacting customer support by email to support@insuremyivf.com or by telephone at 949-444-2446. Except where required by law, FOS is not required to send you paper copies of any electronic communications. However, we reserve the right in our discretion to send you a paper communication regarding your FOS policy or product. You may request a paper copy of a communication relating to your FOS policy or other FOS product or service by contacting FOS customer support. Except where prohibited by law, FOS may impose a fee for providing you with a paper copy at your request.
Updating Contact Information. To update your email address or other contact information for receipt of electronic communications, or to withdraw your consent to receive electronic communications, please contact our customer service by email to support@insuremyivf.com or by telephone at (949) 444-2446. You must notify us immediately if you change your email address or other location to which your Communications are to be delivered.
If at any point you have questions regarding electronic delivery please contact us by any of the methods described above.
B. Electronic Signature and Use of Electronic Documents: If you elect to complete and/or electronically sign your application or any other related document on this Site (“electronic document”), you agree as follows:
By completing an electronic application or other form on the Sites, you agree that, for purposes of complying with any applicable law that requires a "writing," such electronic document shall be considered to be "in writing" or "written" to the same extent as if it were in paper form. You and we intend the federal Electronic Signatures in Global and National Commerce (E-SIGN) Act to apply to the fullest extent possible to validate the electronic transactions and communications of the parties.
By electronically signing a document on this Site (which may include clicking on an “I Accept” button or other steps designated on this Site as constituting your electronic signature), you agree that application of your electronic signature indicates your intent to sign and be bound by the applicable document to an extent no less than if it were signed using pen and paper, that it shall satisfy all legal requirements for a signature.
If introduced as evidence in any judicial, arbitration, mediation, or administrative proceedings, such electronic documents shall be admissible as between you and us to the same extent and under the same conditions as records originated and maintained in paper form, and you agree that you shall not contest the admissibility or enforceability of such electronic documents resulting from your electronic transaction(s) through the Sites on the basis that the electronic document was not originated or maintained in paper form.
If you have questions regarding Electronic Signature please contact us by any of the methods described above.
Online Account Access. If you choose to create an online account on our Sites, you agree to the following:
You may access your account online by entering the required identifying information such as your username and password in the appropriate fields.
We are authorized to act on the instructions we receive under your password without any requirement to question or otherwise verify those instructions.
We are not liable for any unauthorized access to your personal information that is not directly due to our gross negligence or intentional misconduct.
You acknowledge, understand, and agree with Consent to Electronic (“Paperless”) Communications and Electronic Signature You acknowledge your responsibility to keep your password and other uniquely identifiable information confidential and secret.
You will notify us immediately and cooperate with us if you believe anyone else has learned your password or if you think anyone has accessed your account without your authorization.
We may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
7. Applicable Law
These Terms, as well as the use of the Sites, is governed in all respects by the laws of the State of California without giving effect to any principles of conflict of laws. Any dispute concerning this Agreement, or our Site, shall be subject to the exclusive venue of a court of competent jurisdiction in the state of California.
8. Severability
If any provision in these Terms is held to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable from and shall not affect the validity and enforceability of the remaining provisions and the remaining provisions shall remain in full force and effect.
9. Trademark Notice
FOS designs and logos contained on this site are trademarks of Family OS Insurance Agency, Inc. and may not be used without the express written consent of FOS.
10. Dispute Resolution; Arbitration Agreement and Class Action Waiver
This section constitutes the arbitration agreement between you and us ("Arbitration Agreement") and includes a jury trial waiver and a class action waiver. This means that if a dispute is arbitrated, you are giving up your right to go to court to assert or defend your rights under these Terms. You are also giving up your right to bring or participate in a class action in court or in class-wide arbitration. This section governs disputes arising from or related to these Terms, your use of the Services, your access to and use of the Sites and any transactions or relationships resulting from any of the foregoing (the "Covered Disputes"). A dispute is generally any unresolved disagreement between or among you and us, and all such matters will be decided by arbitration. The term Covered Disputes shall be broadly interpreted and includes initial claims, counterclaims, cross-claims and third-party claims, and disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity. However, any dispute concerning the validity or enforceability of this Arbitration Agreement or the arbitrability of any claim or dispute is not a Covered Dispute and shall be for the court, not an arbitrator, to decide; whereas, any dispute concerning these Terms as a whole is for the arbitrator, not a court, to decide.
For purposes of this Arbitration Agreement, the terms "we," "us" and "our" also include our officers, directors, employees, agents, affiliates, successors, and assigns.
a. Dispute Resolution Without Courts, Judges, or Juries. You and we agree that upon demand by either you or us, regardless of when they arose, any Covered Disputes between you and us will be resolved by the arbitration process outlined in this section. This means:
You and we are choosing arbitration rather than litigation to resolve disputes.
You and we are each waiving the right to a jury trial or a trial before a judge in a public court (except for small claims court).
b. Binding Arbitration. Binding arbitration lets a neutral and independent third party (the "arbitrator") resolve a Covered Dispute instead of the court system, judges or juries. In the arbitration of a Covered Dispute, that neither you nor we will be entitled to:
Join or combine Covered Disputes with those of others in any arbitration; or
Serve as a representative or member of a class in any arbitration;
Moreover, the information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit. Other rights that the parties might have in court may not be available in arbitration.
c. Arbitration Procedures. Each arbitration, at the claimant's election, will be administered by and under the rules of the American Arbitration Association ("AAA"), https://www.adr.org. If AAA is unable to serve and the parties cannot agree on a substitute, a court with jurisdiction shall select the arbitrator. A single arbitrator shall be appointed in accordance with the administrator's rules. The arbitrator must be a member of the state bar where the arbitration is held with more than 10 years of experience or a retired judge and must have expertise in the substantive laws applicable to the subject matter of the Covered Dispute.
The arbitrator shall apply applicable substantive law in deciding the dispute. The arbitrator may award any relief available in court on an individual claim consistent with the constitutional standards applicable in judicial proceedings. At the request of any party, the arbitrator shall write a brief explanation of the basis of his or her award. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the applicable rules up to $250, and we will pay or reimburse you for any additional initial filing fee or case management fee. We will pay the entirety of the filing fees and/or case management fees if we demand arbitration first. We shall pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. You may ask the applicable arbitration administrator to reduce or waive your fees, or ask us to voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim. We will always pay any costs and fees required by applicable law or that are necessary to enforce this Arbitration Agreement.
Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim or dispute (i.e., the party seeking money damages or other relief) is responsible for starting the arbitration proceeding. Thus, if you assert a claim against us in court, and we elect to arbitrate that claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
You and we each acknowledge and agree that in this relationship:
You and we are participating in transactions involving interstate commerce.
Any and all claims, controversies, or disputes arising out of or related in any way to these Terms, your use of the Services, your access to and use of the Sites and any transactions or relationships resulting from any of the foregoing shall be subject to binding arbitration pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., at the election of you or us.
THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A REPRESENTATIVE OR MEMBER OF A CLASS, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
d. Small Claims Not Affected. Notwithstanding anything to the contrary in this section, this Arbitration Agreement does not affect your or our right to pursue disputes in small claims court (or your state's equivalent court) in the state where you reside if the court has jurisdiction over the dispute and the dispute remains in that court. However, if the dispute is transferred, removed or appealed to a different court, it shall be subject to arbitration.
e. Opt-out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending to us in writing your name and address, account number (if any), and notice of your decision to opt out to legal@insuremyivf.com; or to the following address: Family OS Insurance Agency, LLC, Attn Legal Dept, 1048 Irvine Ave, 721, Newport Beach, CA 92660, within 30 days of entering into these Terms. If you send this notice, then this Arbitration Agreement will not apply to either party, but the remaining parts of these Terms will continue to apply. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
f. Appeal. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA. However, if the amount of the dispute is more than $25,000, any party will have 30 days to appeal the award by notifying the arbitration administrator and all parties in writing. The administrator will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court with jurisdiction. An arbitration award and any judgment confirming it cannot be used in any case or arbitration except to enforce the award.
g. Severability. If any provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed from this Arbitration Agreement and the remainder of the Arbitration Agreement will be given full force and effect, except that: (i) if any provision dealing with class action, class arbitration, or consolidation is found to be illegal or unenforceable and all appeals from that ruling have been exhausted, then this entire Arbitration Agreement (except for this sentence) will be severed and the remaining provisions of these Terms shall be given full force and effect, and (ii) if a claim is brought seeking public injunctive relief and a court determines that this Arbitration Agreement is unenforceable with respect to such claim and all appeals from that ruling have been exhausted, the public injunctive relief claim will be severed and stayed in court until the completion of any individual arbitration of any claims seeking monetary relief.
h. Miscellaneous. You and we each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. You can participate without representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law.
Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law. The arbitrator may award reasonable expenses and attorneys' fees to the prevailing party if allowed by statute or applicable law.
The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgment on the pleadings, summary judgment, or partial summary judgment.
All parties (the arbitrator(s), you and we) agree to make best efforts to ensure that an arbitration proceeding as described in this Arbitration Agreement is completed within 180 days of filing the Covered Dispute. You and we agree not to disclose the existence, content, or results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. The arbitration shall take place in the federal district of your residence, at a location determined by the arbitrator. All statutes of limitations and rules of privilege that apply to any Covered Disputes apply to any arbitration between you and us.
This Arbitration Agreement constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications about dispute resolution. The provisions of this Arbitration Agreement will survive termination, amendment, or expiration of your account with us, these Terms, any other relationship between you and us and any bankruptcy by you (if permitted by applicable bankruptcy law).
No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Agreement.
If there are differences between this Arbitration Agreement and the rules of any arbitration administrator or other provisions in these Terms, this Arbitration Agreement will control.
11. Modifications
a. To the Agreement. We have the right to modify these Terms. No notice is required for any such modification. Any modification is effective immediately upon posting to the Sites. Your continued use of the Sites following the posting of any modification(s) to these Terms shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Sites.
b. To the Sites. We have the right to modify, suspend or discontinue the Sites or any portion thereof at any time, including the availability of any area of the Sites. We may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability
12. Contact Us
If you have any questions about these Terms, or have any other feedback, comments, requests for technical support and other communications relating to the Sites, we invite you to contact us via email at support@insuremyivf.com or by phone or by telephone at (949) 444-2446, and we will do our best to respond promptly and to try to resolve any issue.