Last Updated: 11/17/2017
Welcome to the SafeButler, Inc. (“SafeButler”)’s website located at https://safebutler.com (the “Site”). These Terms of Service (“Terms”), together with the Privacy
Policy (https://safebutler.com/policy) and the rules, policies, terms and conditions set forth
in, referred to and/or linked herein, all of which are incorporated herein by reference, constitutes an
agreement between you (“you”) and SAFEBUTLER, INC. dba INSURANCE BUTLER INSURANCE SERVICES
(incorporated in the State of Delaware, hereinafter referred to as “SafeButler,” “we,”
insurance shopping services accessible via our Site and our mobile device application (“App”).
To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms.
If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and
using the Services on behalf of a company (such as your employer) or other legal entity, you represent
and warrant that you have the authority to bind that company or other legal entity to these Terms. In
that case, “you” and “your” will refer to that company or other legal entity.
for information on how we collect, use and disclose information from our users. You acknowledge and
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED
EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SAFEBUTLER THROUGH BINDING, INDIVIDUAL ARBITRATION
RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION FOR CONSUMERS”
BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our
sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site
or through other communications. It’s important that you review the Terms whenever we update them
or you use the Services. If you continue to use the Services after we have posted updated Terms, you are
agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms,
then, except as otherwise provided in Section 19(f) “Effect of Changes on Arbitration,” you
may not use the Services anymore. Because our Services are evolving over time we may change or
discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
(a) Eligibility. You may use the Services only if you are 18
years or older and capable of forming a binding contract with SafeButler and are not barred from using
the Services under applicable law.
(b) Registration and Your Information. If you want to use certain
features of the Services you’ll have to create an account (“Account”). You can do this
via the Site or through your account with certain third-party social networking services such as
Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll
create your Account by extracting from your SNS Account certain personal information such as your name
and email address and other personal information that your privacy settings on the SNS Account permit us
(c) Accuracy of Account Information. It’s important that
you provide us with accurate, complete and up-to-date information for your Account and you agree to
update such information to keep it accurate, complete and up-to-date. If you don’t, we might have
to suspend or terminate your Account. You agree that you won’t disclose your Account password to
anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re
responsible for all activities that occur under your Account, whether or not you authorized them or know
(d) Network access and devices. You will be solely responsible
for acquiring and maintaining all telecommunications and Internet services and other compatible hardware
and software required to access and use the Services, including, without limitation, for any and all
costs, fees, expenses, and taxes of any kind related to the foregoing.
5. Important Notices and Disclosures
(a) Insurance products. SafeButler is a licensed California
insurance agency (Personal Lines license number 0L85626). Eligible individuals may purchase certain
insurance products through the Services. Insurance products are only available to people in those
jurisdictions in which they may be legally sold.
(b) Electronic Communications. As part of the Services we
provide, you may (if enabled) receive notifications, alerts or other types of messages via text message,
email or the messaging functionality provided by the Services (“Messages”). You have control
over the Messages settings, and can opt in or out of these Messages (with the exception of infrequent,
important service announcements and administrative messages) either through your Account or by following
the unsubscribe instructions provided in the Message you receive. Please be aware that third party
messaging fees may apply for some of the Messages depending on the message plan you have with your
By using our Services and providing your cellular phone number, you are agreeing to receive Message
communications from us, and you specifically authorize SafeButler and its affiliates and agents to send
text messages or calls to your cellular phone. You agree that all communications from us relating
to the products and services, including insurance products, offered through the Services, may be
provided or made available to you electronically by email, text, or through the Services. You further
agree that we may accept an electronic signature from you, and that this electronic signature will have
the same effect as a physical non-electronic signature and will appear on all records related to the
provision of any such products and services. Your consent also applies to all communications and
information that we receive from you. Your consent is voluntary and, if you consent, you still have the
right to receive a free paper copy of any communication by contacting us.
(c) Withdrawing consent. You may withdraw your consent to receive
communications electronically and to use an electronic signature at any time. To withdraw your consent
to do business electronically, please send us a written notice by email (email@example.com) or U.S.
mail (3300 Central Expressway, Suite B, Santa Clara, CA 95051, Attn: Legal).
(d) Internet and Telecommunications. You acknowledge and
agree that the internet and communications over it may not be absolutely secure and that connecting to
it provides the opportunity for unauthorized access to computer systems, networks, and all data stored
therein. You should back up all your data to protect it; we will not be responsible for any loss or
corruption of data, lost communications, or any other loss or damage of any kind arising from any such
telecommunications and Internet services.
6. Your Obligations and Authorizations
(a) Authorization Regarding Your Data. In order to access or use
certain aspects of the Services, we may need your authorization to: (i) collect information provided by
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, and (ii) retrieve and manage your information maintained
by certain third-party institutions, including insurance companies, and third party administrators (“Your
(b) Representations and Warranties re. Your Data. You represent
and warrant that Your Data that you provide us or that you authorize us to collect from any third
parties, is accurate and complete, and that you are authorized to submit it to us including but not
limited to the payment of fees. We have no liability or other responsibility for inaccuracy or
incompleteness of Your Data, 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
in connection with Your Data, and you will indemnify us from any liability that arises from such
instructions and from our actions based on such instructions. 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 assume 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 also understand 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 plan administrators, business affiliates, insurance companies, or others.
7. Feedback. We welcome feedback, comments and suggestions for improvements to
the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org.
You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid,
royalty-free license, with the right to sublicense, under any and all intellectual property rights that
you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the
Feedback for any purpose.
8. Content and Content Rights. For purposes of these Terms: (i) “Content”
means text, graphics, images, works of authorship of any kind, and information or other materials
that are posted, generated, provided or otherwise made available through the Services; and (ii) “User
Content” means any Content (including Your Data) that Account holders (including you) provide to
be made available through the Services, whether by providing such data themselves or by authorizing
SafeButler to collect such data from certain third parties.
(a) Content Ownership, Responsibility and Removal. SafeButler
does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to
restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing,
SafeButler and its licensors exclusively own all right, title and interest in and to the Services and
Content, including all associated intellectual property rights. You acknowledge that the Services and
Content are protected by copyright, trademark, and other laws of the United States and foreign
countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Services or Content.
(b) Rights in User Content Granted by You. By making any
User Content available through the Services you hereby grant to SafeButler a non-exclusive,
transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify,
create derivative works based upon, publicly display, publicly perform and distribute your User Content
in connection with operating and providing the Services (including the products and services offered via
our Services) to you.
(c) Responsibility for User Content. You are solely responsible
for all your User Content. You represent and warrant that: (i) you own all your User Content or you have
all rights that are necessary to grant us the license rights in your User Content under these Terms, and
(ii) neither your User Content, nor your use and provision of your User Content to be made available
through the Services, nor any use of your User Content by SafeButler on or through the Services will
infringe, misappropriate or violate a third party’s intellectual property rights, or rights of
publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content by
specifically deleting it. However, in certain instances, some of your User Content may not be completely
removed and copies of your User Content may continue to exist on the Services. We are not responsible or
liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) Rights in Content Granted by SafeButler. Subject to your
compliance with these Terms, SafeButler grants to you a limited, non-exclusive, non-transferable
license, with no right to sublicense, download, view, copy, display and print the Content solely in
connection with your permitted use of the Services and solely for your personal and non-commercial
9. Rights and Terms for Apps.
(a) Rights in App Granted by SafeButler. Subject to your
compliance with these Terms, SafeButler grants to you a limited non-exclusive, non-transferable license,
with no right to sublicense, to download and install a copy of the App on a mobile device or computer
that you own or control and to run such copy of the App solely for your own personal non-commercial
purposes. You may not copy the App, except for making a reasonable number of copies for backup or
archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create
derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to
any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the
functionality of the App available to multiple users through any means. SafeButler reserves all rights
in and to the App not expressly granted to you under these Terms.
(b) Accessing App from App Store. The following terms apply to
any App accessed through or downloaded from any app store or distribution platform (like the Apple App
Store or Google Play) where the App may now or in the future be made available (each an “App
Provider”). You acknowledge and agree that:
• These Terms are concluded between you and SafeButler, and
not with the App Provider, and SafeButler (not the App Provider), is solely responsible for the App.
• The App Provider has no obligation to furnish any
maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any
applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase
price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App
Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty
will be the sole responsibility of SafeButler.
• The App Provider is not responsible for addressing any
claims you have or any claims of any third party relating to the App or your possession and use of the
App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to
conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
• In the event of any third party claim that the App or your
possession and use of that App infringes that third party’s intellectual property rights,
SafeButler will be solely responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim to the extent required by these Terms.
• The App Provider, and its subsidiaries, are third-party
beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of
the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to
enforce these Terms as related to your license of the App against you as a third-party beneficiary
• You represent and warrant that (i) you are not located in
a country that is subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
• You must also comply with all applicable third party terms
of service when using the App.
10. General Prohibitions and SafeButler’s Enforcement Rights. You agree
not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content
that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark,
trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would
give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; or (iv) promotes
illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual
element within the Services, SafeButler’s name, any SafeButler trademark, logo or other
proprietary information, or the layout and design of any page or form contained on a page, without
SafeButler’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services,
SafeButler’s computer systems, or the technical delivery systems of SafeButler’s providers;
(d) Avoid, bypass, remove, deactivate, impair, descramble or
otherwise circumvent any technological measure implemented by SafeButler or any of SafeButler’s
providers or any other third party (including another user) to protect the Services or Content;
(e) Attempt to access or search the Services or download Content
from the Services through the use of any engine, software, tool, agent, device or mechanism (including
spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents
provided by SafeButler or other generally available third-party web browsers;
(f) Send any unsolicited or unauthorized advertising,
promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(g) Use any meta tags or other hidden text or metadata utilizing
a SafeButler trademark, logo URL or product name without SafeButler’s express written consent;
(h) Use the Services or any portion thereof, for any commercial
purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(i) Forge any TCP/IP packet header or any part of the
header information in any email or newsgroup posting, or in any way use the Services to send altered,
deceptive or false source-identifying information;
(j) Attempt to decipher, decompile, disassemble or reverse
engineer any of the software used to provide the Services;
(k) Interfere with, or attempt to interfere with, the access of
any user, host or network, including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the Services;
(l) Collect or store any personally identifiable
information from the Services from other users of the Services without their express permission;
(m) Impersonate or misrepresent your affiliation with any person or
(n) Violate any applicable law or regulation; or
(o) Encourage or enable any other individual to do any of the
Although we’re not obligated to monitor access to or use of the Services or to review or edit
any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance
with these Terms and to comply with applicable law or other legal requirements. We reserve the right,
but are not obligated, to remove or disable access to any Content (including your User Content), at any
time and without notice, including, but not limited to, if we, at our sole discretion, consider any
Content to be objectionable or in violation of these Terms. We have the right to investigate violations
of these Terms or conduct that affects the Services including, consulting and cooperating with law
enforcement authorities to prosecute users who violate the law.
11. DMCA/Copyright Policy. SafeButler respects copyright law and expects its
users to do the same. It is SafeButler’s policy to terminate in appropriate circumstances Account
holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright
holders. Please see SafeButler’s Copyright and IP Policy, for further information.
12. Payment for Transactions with Third Party Providers. Whenever you buy a
new insurance policy through our Services, or otherwise enter into a transaction which requires payment
via the Services (each, a “Transaction”), you expressly authorize us (or our third-party
payment processor) to charge you for such Transaction. We may ask you to supply additional information
relevant to your Transaction, including your credit card number, the expiration date of your credit card
and your email and postal addresses for billing and notification, or other payment information (each
such information, “Payment Information”). You represent and warrant that you have the legal
right to use all payment method(s) represented by any such Payment Information. When you initiate a
Transaction (or authorize us to initiate a Transaction on your behalf), you authorize us to provide your
Payment Information to third parties so we can complete your Transaction and to charge your payment
method for the type of Transaction you have selected (plus any applicable taxes and other charges). You
may need to provide additional information to verify your identity before completing your Transaction
(such information is included within the definition of Payment Information). You agree to indemnify us
from any liabilities arising from any such Transactions.
13. Links to Third-Party Resources or Websites
The Services (including the App) may contain links to third-party websites or resources. We provide
these links only as a convenience and are not responsible for the content, products or services on or
available from those websites or resources or links displayed on such websites. You acknowledge sole
responsibility for and assume all risk arising from, your use of any third-party websites or resources.
(a) THE SERVICES ARE PROVIDED 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 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 OF: (I) MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; (II) ACCURACY OR RELIABILITY WITH RESPECT TO THE FEATURES OF THE SERVICES; (III)
NON-INFRINGEMENT; (IV) QUIET ENJOYMENT; (V) TITLE; (VI) THAT THE SERVICES WILL OPERATE ERROR FREE, OR IN
AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VIII)
THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. SAFEBUTLER 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 PRODUCTS
REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER
(b) [THE SERVICES ARE ONLY A MEDIUM BY WHICH YOU CAN SEE
ALTERNATE OPTIONS FOR INSURANCE PRODUCTS AND SERVICES, AND THAT FACILITATES YOUR PROCESS FOR CHOOSING
AND ENROLLING IN INSURANCE POLICIES THAT – YOU DECIDE- ARE BETTER SUITED FOR YOU. BUT THE ULTIMATE
DECISION ABOUT WHICH INSURANCE TO ENROLL INTO IS YOURS – AND YOURS ALONE.] WE DO NOT PROVIDE YOU
ANY LEGAL, REGULATORY, ACCOUNTING, INSURANCE OR TAX ADVICE THROUGH THE SERVICES OR OTHERWISE. YOU MUST
RELY SOLELY UPON YOUR OWN ADVISORS WITH RESPECT TO SUCH ADVICE. FURTHER, THE INFORMATION WE PROVIDE IS
NOT INSURANCE ADVICE. ANY INSURANCE PURCHASING DECISIONS SUCH AS COVERAGES (E.G., AMOUNTS), LIMITS, AND
DEDUCTIBLES ARE SOLELY THE RESPONSIBILITY OF THE INSURED. SAFEBUTLER IS NOT RESPONSIBLE FOR DETERMINING
THE SUITABILITY OF INSURANCE COVERAGES ACQUIRED THROUGH THE SERVICES. WE ALSO DO NOT DIRECTLY SELL OR
OFFER ANY INSURANCE POLICIES, BUT MERELY PROVIDE YOU INFORMATION ABOUT, AND ACCESS TO, VARIOUS THIRD
PARTY INSURANCE PRODUCTS AND SERVICES SOLD BY THIRD PARTY INSURANCE PROVIDERS.
15. Limitations of Liability
UNDER NO CIRCUMSTANCES WILL SAFEBUTLER (OR ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS,
MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS
(COLLECTIVELY, "MEMBERS")) BE LIABLE 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. SAFEBUTLER AND MEMBERS DO NOT ACCEPT ANY
LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE SERVICES.
NEITHER SAFEBUTLER (NOR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS,
MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, "MEMBERS"))
WILL BE LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR LIABILITIES ARISING IN
CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE, OMISSION OF, OR DISPUTE WITH, ANY THIRD PARTY
PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER). THE SERVICES
MERELY CONNECT USERS WITH THIRD PARTY PROVIDERS SUCH AS INSURANCE COMPANIES OR CARRIERS. SAFEBUTLER IS
NOT A PARTY TO ANY RELATIONSHIP OR AGREEMENT BETWEEN YOU AND ANY SUCH THIRD PARTY PROVIDER, AND WE ARE
NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER TO
PROVIDE YOU RELEVANT PRODUCTS OR SERVICES. YOU EXPRESSLY WAIVE AND RELEASE SAFEBUTLER 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 AND YOUR AGREEMENT OR RELATIONSHIP WITH SUCH THIRD PARTIES. YOU UNDERSTAND AND
ACKNOWLEDGE THAT THE SERVICES ONLY PROVIDE YOU DIFFERENT INSURANCE CHOICES THAT OUR ALGORITHM BELIEVES
MIGHT BE A GOOD OPTION FOR YOU; BUT YOU ALONE MAKE THE CHOICE OF THE INSURANCE AND THE INSURANCE
PROVIDER THAT YOU THINK IS THE BEST SUITED FOR YOUR PURPOSES. YOUR USE OF ANY THIRD PARTY PROVIDER,
WHETHER UPON THE SUGGESTION OF THE ALGORITHM OF THE SERVICES, OR OTHERWISE, IS AT YOUR OWN RISK, AND
NOTHING IN THIS AGREEMENT OR THE SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF
YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL, MEDICAL, OR INSURANCE 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. IN NO EVENT WILL SAFEBUTLER’S TOTAL LIABILITY ARISING OUT
OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT
EXCEED THE AMOUNTS YOU HAVE PAID TO SAFEBUTLER FOR USE OF THE SERVICES OR CONTENT IN THE TWELVE MONTHS
PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO
SAFEBUTLER, AS APPLICABLE.
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING EXCLUSIONS OF DAMAGES AND LIMITATIONS OF LIABILITY ARE
AN ESSENTIAL PART OF THE BARGAIN BETWEEN US, AND ARE REASONABLE, GIVEN THE FEES FOR THE SERVICES, AND
WILL SURVIVE EVEN IF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS
16. Indemnification. You will indemnify, defend, and hold SafeButler and its
Members harmless, from and against any claims, disputes, demands, liabilities, damages, losses, and
costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of
or in any way connected with (i) your access to or use of the Services, (ii) your User Content (iii)
your relationship with any third party providers including, third party insurance providers; (iv) your
violation of these Terms or (v) your violation of any applicable law or regulation. You will not settle
any such indemnity claim or matter without the prior written consent of SafeButler.
17. Termination. We may terminate your access to and use of the
Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at
any time by sending an email to us at email@example.com. Upon any termination, discontinuation or
cancellation of the Services or your Account, the following provisions of these Terms will survive:
Sections 1 (Agreement to Terms), 5 (Important Notices and Disclosures), 7 (Feedback), 8 (Content and
Content Rights) (to the extent it related to ownership), 12 (Payment for Transactions with Third Party
Providers), 13 (Links to Third-Party Resources or Websites), 14 (Disclaimer), 15 (Limitations of
Liability), 16 (Indemnification), 17 (Termination), 18 (Governing Law and Forum Choice), 19 (Dispute
Resolution for Consumers), and 20 (General Terms).
18. Governing Law and Forum Choice. These Terms and any action related thereto will
be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of
California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth
in Section 19 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all
Disputes (defined below) that you and SafeButler are not required to arbitrate will be the state and
federal courts located in the Northern District of California, and you and SafeButler each waive any
objection to jurisdiction and venue in such courts.
19. Dispute Resolution for Consumers.
(a) Mandatory Arbitration of Disputes. We each agree that any
dispute, claim or controversy arising out of or relating to these Terms or the breach, termination,
enforcement, interpretation or validity thereof or the use of the Services or Content (collectively,
“Disputes”) will be resolved solely by binding, individual arbitration and not in a class,
representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in
court rather than in arbitration, you and we each waive any right to a jury trial.
(b) Exceptions and Opt-out. As limited exceptions to Section
19(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we
each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin)
the infringement or misappropriation of our intellectual property rights. In addition, you will retain
the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written
notice of your desire to do so by email at [insert email] or by regular mail at [insert postal address]
within thirty (30) days following the date you first agree to these Terms.
(c) Starting Arbitration. If you want to begin arbitrating a
Dispute, you must send a letter to us at the following address 3300 Central Expressway, Suite B, Santa
Clara, CA 95051, Attn: Legal requesting arbitration and describing the Dispute. If we want to begin
arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that
(d) Conducting Arbitration and Arbitration Rules. The arbitration
will be conducted by the American Arbitration Association (“AAA”) under its Consumer
Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event
the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling
1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or
in-person in the county where you live (or at some other location that we both agree to).
(e) Arbitration Costs. Payment of all filing, administration and
arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and
arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your
Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and
costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled
to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(f) Effect of Changes on Arbitration. Notwithstanding the
provisions of Section 3 “Changes to Terms or Services” above, if SafeButler changes any of
the terms of this Section 19 “Dispute Resolution” after the date you first accepted these
Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us
written notice (including by email to [email]) within 30 days of the date such change became effective,
as indicated in the “Last Updated” date above or in the date of SafeButler’s email to
you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any
Dispute between you and SafeButler in accordance with the terms of this Section 19 “Dispute
Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to
20. General Terms.
(a) Entire Agreement. These Terms constitute the entire and
exclusive understanding and agreement between SafeButler and you regarding the Services and Content, and
these Terms supersede and replace any and all prior oral or written understandings or agreements between
SafeButler and you regarding the Services and Content. If any provision of these Terms is held invalid
or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced
to the maximum extent permissible and the other provisions of these Terms will remain in full force and
effect. You may not assign or transfer these Terms, by operation of law or otherwise, without SafeButler’s
prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will
be null. SafeButler may freely assign or transfer these Terms without restriction. Subject to the
foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted
(b) Notices. SafeButler may give notice by means of a general
notice through the 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
SafeButler, with such notice deemed given when received by SafeButler, at any time by first class mail
to SafeButler, Inc., 3300 Central Expressway, Suite B, Santa Clara, CA 95051, Attn: Legal.
(c) Waiver of Rights. SafeButler’s failure to enforce any
right or provision of these Terms will not be considered a waiver of such right or provision. The waiver
of any such right or provision will be effective only if in writing and signed by a duly authorized
representative of SafeButler. Except as expressly set forth in these Terms, the exercise by either party
of any of its remedies under these Terms will be without prejudice to its other remedies under these
Terms or otherwise.
If you have any questions regarding these Terms or our practices, please contact us by email
(firstname.lastname@example.org) or by U.S. mail (3300 Central Expressway, Suite B, Santa Clara, CA 95051, Attn: