You are visiting a website owned by Avenge Digital, LLC, a Washington limited liability company ("Avenge"). By visiting this website ("Site"), you are entering into a legal agreement to abide by the terms and conditions you see here, and you are agreeing that you have read and fully understand the Terms of Use Agreement as set forth herein (this "Agreement" or "Terms of Use"). Please carefully review this Agreement, which governs your use of and purchase of products and services offered via the Site (collectively, "Services"), regardless of how they are accessed. Your use of our Site, including but not limited to calling a phone number listed on our Site, constitutes your agreement to follow and be bound by the Terms of Use. If you do not agree and accept without modification the Terms of Use as set forth herein, please do not use our Site or call the phone number listed on the Site.
For purposes of these Terms of Use:
The Site is intended only for, and may only be used by, individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America.
The Site acts as a portal to facilitate insurance agents, insurance companies, lead aggregators and other similar parties (each a "Provider") to offer for sale and to sell insurance and other products to potential consumers who have requested via the Site, or called a phone number listed on the site, to receive insurance or other authorized quotations from a Provider (each, a "Prospect").
Avenge is not a licensed insurance agency or broker and does not provide insurance quotes in accordance with RCW 48.17 or similar state statutes. The information and services Avenge provides is not intended to take the place of professional advice from a licensed insurance agent nor does Avenge provide any evaluation of the insurance providers or their policies. Avenge recommends that all consumers consult with a licensed insurance agent before purchasing any insurance policy. Notwithstanding the above, Avenge uses a Designated Responsible Licensed Producer/Person (DRLP) to the extent required under applicable laws and regulations. (See the Site for the applicable DRLP license number(s) and details.)
Avenge does not sell any insurance or bind coverage on its Site. Avenge may, through the Site and via its other websites, and with each Prospect's authorization, collect certain information about any Prospect (a "Lead") and sell the Lead (or transfer the Lead, if a caller) to a Provider. As a result, the quality, safety or legality of the products offered by any Provider for sale, the truth or accuracy of the representations regarding such products, the ability of Providers to offer or sell such products, or the ability of Prospects to pay for the products offered are solely the responsibility of each user. Avenge is an independent contractor for all purposes, and Avenge is not responsible in any way for the conduct of any Prospect or Provider. Nor does Avenge endorse or recommend any Providers nor any companies or insurance policies. Avenge does not provide insurance, tax, legal or any other financial advice. Avenge does not guarantee that any of the Providers to whom it forwards any Prospect's application will contact such Prospect or agree to provide the Prospect with the desired coverage. If you are a Prospect and you would like personal advice or specific policy recommendations, please consult with an insurance agent, broker, or other qualified professional.
You understand and agree that if you submit a request for a product or service, or request further information relating to a product or service offered through the Site, we will share such of your information as may be required in order to process your request(s).
If you use the Site to submit a request for Medicare-related plans or information, a representative may contact you in order to confirm eligibility and connect you with an appropriate, individually licensed insurance agent from Avenge and/or a Provider. Avenge's licensed agents may present you with rates and policies for Medicare-related plans via Avenge's partners and under the respective licenses for such entities. You may not be eligible for all products and services, and the issuing insurance company is solely responsible for determine eligibility in accordance with its underwriting guidelines and as permitted by applicable law. Policies and coverages may not be available in all states.
Unless otherwise noted, the design of the Site, the Site as a whole and all text and materials that are part of the Site (collectively, "Contents") are copyrights, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Avenge or its subsidiaries and affiliates. Any use of the Contents without Avenge's express written consent is strictly prohibited.
Avenge welcomes your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted, or offered to Avenge using this Site or otherwise (collectively, "Comments") are not confidential and will become and remain Avenge's property. The disclosure, submission, or offer of any Comments will constitute an assignment to Avenge of all worldwide rights, titles and interests, and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party and must not contain any libelous, abusive, obscene, or otherwise unlawful material.
The Contents are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
Avenge is ready to assist you and address your concerns—email us at [email protected] or call (425) 658-9008.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. AVENGE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVENGE DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH AVENGE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
NEITHER AVENGE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR ANY OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITES, CONTENT, OR SERVICES.
IN ALL EVENTS, OUR LIABILITY, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE, SHALL NOT EXCEED $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THESE TERMS OF USE OR TO THE SERVICES.
THE LIMITATIONS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF CERTAIN LIABILITIES SUCH AS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AVENGE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THIS PROVISION SHALL HAVE NO EFFECT ON ANY CHOICE OF LAW PROVISIONS SET FORTH IN THIS AGREEMENT.
You agree to indemnify, defend and hold harmless Avenges and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries, and affiliates from and against any and all third party claims, losses, liabilities, expenses (including attorneys' fees and costs) and damages arising out of or relating to your use of a Site, your violation of any third-party right or law, or your violation or alleged violation of these Terms of Use. If you are a California resident, you hereby waive California civil code section 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
Arbitration Agreement: Both you and Avenge agree to resolve through final and binding individual arbitration, except as otherwise provided in this Dispute Resolution section, any dispute, claim, or controversy (each, a "Dispute") arising at any time, in any way arising out of or relating to: (i) this Agreement and prior versions of this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) the Site, the Services, the receipt of any advertising or marketing communications related to Avenge or the Site, and/or any content contained on the Site; and (iii) any other aspect of your relationship or transactions with Avenge or the Site as a consumer. You agree that any dispute regarding the enforceability, applicability, or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Contents must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
Opt-out of Mandatory Arbitration: You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting this Agreement by emailing Avenge at [email protected] with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
Initiating Arbitration: In order to initiate arbitration, a party must provide the other party with a written demand for arbitration and file the demand with the American Arbitration Association ("AAA"). A party initiating an arbitration against Avenge must send the written demand for arbitration to 20283 State Road 7, Suite 507, Boca Raton, FL 33498. For Avenge to initiate arbitration, Avenge must send the written demand for arbitration to the physical address associated with your Avenge account or your most recent use of Avenge's services if you do not have an active Avenge account.
The arbitration demand must be accompanied by a copy of the notice. If you are initiating arbitration, the arbitration demand and certification must be personally signed by you or your counsel (if you are represented by counsel). If Avenge is initiating arbitration, the arbitration demand and certification must be personally signed by a Avenge representative or Avenge's counsel (if Avenge is represented by counsel).
Arbitration Rules and Governing Laws: Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement.
The arbitration shall be administered by AAA under its then-prevailing rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Agreement (but expressly excluding the Supplementary Rules for Class Arbitration and any other AAA Rules that conflict with the waiver of class arbitration and representative proceedings below), and will be administered by one (1) arbitrator with relevant industry experience appointed in accordance with the AAA Rules. The AAA Rules are available at https://www.adr.org/Rules or by calling (800) 778-7879. The arbitration will be conducted by a single arbitrator, other than potential use of a Process Administrator, who may be appointed in accordance with the AAA Rules. Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings will take place either in the county where you are domiciled or in the neutral state of Delaware.
If the Dispute is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.
Arbitrator's Decision: The arbitrator shall issue a reasoned written award. Judgment on the arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. The arbitrator's decision shall be final and binding on all parties to the arbitration that are the subject of the decision. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you and Avenge.
Arbitration Fees: The payment of any filing, administrative, or arbitrator fees will be governed by the applicable AAA Rules. If the arbitrator finds that you cannot afford to pay any such fees and you cannot obtain a waiver of fees from the arbitration administrator, Avenge will pay such fees for you if the arbitrator deems the payment of such amount is necessary to prevent the arbitration from being cost-prohibitive. The parties shall otherwise be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose.
You and Avenge agree that the parties have a shared interest in reducing the fees and costs, and increasing the efficiencies, associated with arbitration. Therefore, you or Avenge may elect to engage with the arbitration administrator regarding fees, and you and Avenge agree that the parties (and their counsel, if the parties are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
Jury Trial Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AVENGE WAIVE THE RIGHT TO A JURY TRIAL.
Class, Collective, and Representative Action Waiver: THE PARTIES EXPRESSLY WAIVE THE RIGHT TO HAVE ANY DISPUTE, CLAIM, OR CONTROVERSY BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, AND/OR REPRESENTATIVE ACTION OR PROCEEDING, OR TO PARTICIPATE IN ANY SUCH ACTION OR PROCEEDING. AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR, ARBITRATE, OR ADMINISTER ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, AND/OR REPRESENTATIVE ACTION. AN ARBITRATOR MAY ONLY AWARD RELIEF TO THE INDIVIDUAL SEEKING RELIEF IN ARBITRATION AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S CLAIM, AND ANY RELIEF AWARDED CANNOT AFFECT OTHER AVENGE USERS. THE ARBITRATOR MAY NOT ISSUE A "PUBLIC INJUNCTION." THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.
Severance of Arbitration Agreement: If any portion of this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, and Representative Action Waiver above in this Dispute Resolution section is found to be void, unenforceable, or unlawful, in whole or in part, with respect to a particular claim or request for relief (such as a request for public injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), the parties agree that the particular claim or request for relief may proceed in a court of competent jurisdiction but shall be stayed pending arbitration of all remaining claims and requests for relief.
Survival of Arbitration Agreement: Except as otherwise provided in this Dispute Resolution section, this Arbitration Agreement will survive any termination of the Agreement or of your access to the Services. This Arbitration Agreement survives after your relationship with Avenge ends.
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington.
Except as otherwise provided herein and to the extent permitted by applicable law, this Agreement is governed by the laws of the State of Washington without regard to any conflicts of laws provisions, except the Arbitration Agreement, which is governed by the laws outlined in the Dispute Resolution section of this Agreement. To the extent permitted by applicable law, you agree to exclusive personal jurisdiction by, and venue in, the state and federal courts located in King County, Washington, and you consent to the personal jurisdiction of those courts and waive any objection to such venue.
Avenge's failure to enforce any right or act with respect to any breach or alleged breach by you or others of the Agreement does not constitute a waiver of any right and will not limit Avenge's rights with respect to that breach or any subsequent breaches. No waiver by Avenge of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Avenge.
You may opt out of receiving calls from Avenge at any time by engaging in any of the following reasonable means: (1) emailing [email protected] to expressly state in writing that you no longer wish to be contacted by Avenge and are revoking your consent to be contacted; (2) notifying a Avenge customer service representative that you no longer wish to be contacted by Avenge and are revoking your consent to be contacted; or (3) responding to any SMS, mobile, or text message you receive from Avenge in accordance with the express written instructions of that particular messaging program. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that Avenge is not responsible for a Provider's failure to follow your or our instructions to stop contacting you.
If you would like a Provider, including any matched insurance provider, to no longer contact you, please contact the Provider directly and notify the Provider that you no longer want to receive communications (calls and/or emails) from them. You agree that Avenge is not responsible for a Provider's failure to follow your or our instructions to cease communications with you. Note that if you complete a subsequent request for or inquiry about an insurance product or service on the Site, you may resume receipt of marketing calls or texts and will need to make a new opt-out request. You may update your preferred method of contact by calling (425) 658-9008.
On the Site, we provide educational and informational content and operate online marketplaces that enable consumers to comparison shop for various insurance products and services offered by our network of Providers. We provide content and tools on our Site that may allow you to develop or improve your insurance education. We provide these materials for informational, educational, and entertainment purposes only. At no time are we providing or should you interpret us as providing legal, financial, insurance, investment, tax or estate planning, or medical advice.
This Site may include links to other Internet sites maintained by third parties ("Linked Sites"). Avenge provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Avenge of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Avenge Site. Linked Sites are not under the control of Avenge and Avenge is not responsible for the contents of any Linked Site.
Except as otherwise provided for your state, Avenge is not an agent of you or any Provider. You should rely on your own judgment in deciding which available insurance product or service, terms, and Provider best suits your situation. The Provider is solely responsible for its services to you, and you agree that Avenge shall not be liable for any damages or costs of any type arising out of, or in any way connected with, your use of such Provider's services. You understand that Providers may retain information you provided with your request for an insurance product or service and any other information provided by Avenge or received by Providers in the processing of your inquiry or request, whether or not you are qualified to purchase or enroll in an insurance product or service with them. In addition, Avenge may receive personally identifiable information regarding the disposition of your application or account from the Provider in order to fulfill its regulatory requirements as well as for internal business purposes.
These Terms of Use constitute an agreement that is effective unless and until terminated by Avenge. If in Avenge's sole discretion you fail to comply with any term or provision of these Terms of Use, Avenge may deny you access to the Site. In the event of denial of access by Avenge, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force.
These Terms of Use constitute the entire agreement between you and Avenge relating to the subject matter addressed herein.
Avenge reserves the right, at its sole discretion, to change or modify the Site or these Terms of Use (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Site. You agree to review these Terms of Use for any such changes upon your use of the Site and that your continued use of the Site, or related services from Avenge, constitutes your acceptance of such changes and modifications. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
By accessing, browsing, or using the Site, you acknowledge that you understand, accept and agree to be bound by this Agreement, as well as our Privacy Policy. The Avenge Privacy Policy, located at https://avengedigital.com/privacy-policy/, and hereby incorporated by reference into these Terms of Use, explains how we collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.
Avenge encourages you to review the other policies posted on this Site. These policies also govern your use of Avenge's services and products.