Best Pet Insurance (”Bestpetinsurance”) owns and operates this Web
site, and portions of other Web pages and Web content through which you
have accessed this Agreement of Terms of Use (collectively, the
“Site”). By visiting, using and/or submitting information to the Site,
you agree to be bound by the terms and conditions of this Agreement of
Terms of Use (the “Agreement”) and Bestpetinsurance’s Privacy Policy,
located at http://www.bestpetinsurance.com/privacy-policy (the “Privacy Policy”).
This Agreement contains an agreement to arbitrate all claims and disclaimers of
warranties and liability.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and
valuable consideration, the receipt and adequacy of which is hereby
acknowledged. Without limiting the foregoing, you acknowledge that such
and/or submit information to the Site. You represent that you have the
capacity to be bound by this Agreement, or if you are acting on behalf
of a company or other entity, you have the authority to bind such
company or entity. In order to determine your compliance with this
Agreement, Bestpetinsurance may monitor your access and use of the Site
in accordance with Bestpetinsurance’s Privacy Policy.
The Site is Not Intended for Minors
The Site is not intended to be used by, and is not directed to, anyone
under 18 years of age. You represent that you are at least 18 years of
age. If Bestpetinsurance receives a complaint which states that a user
of the Site is under 13 years of age, Bestpetinsurance will comply with
the requirements of the Children’s Online Privacy Protection Act of
1998 (“COPPA”).
Your Access and Use of the Site
Your right to access and use the Site is personal to you and is not
transferable by you to any other person or entity. You are only
entitled to access and use the Site for lawful purposes and pursuant to
the terms and conditions of this Agreement and Bestpetinsurance’s
Privacy Policy.
Your access and use of the Site may be interrupted, from time to
time, for any of several reasons, including, without limitation, the
malfunction of equipment, periodic updating, maintenance or repair of
the Site or other actions that Bestpetinsurance, in its sole
discretion, may elect to take. Bestpetinsurance reserves the right to
suspend or discontinue the availability of the Site and/or any portion
or feature of the Site at any time in its sole discretion and without
prior notice.
Any action by you that, in Bestpetinsurance’s sole discretion: (i)
violates the terms and conditions of this Agreement and/or the Privacy
Policy; (ii) restricts, inhibits or prevents any access, use or
enjoyment of the Site; or (iii) through the use of the Site, defames,
abuses, harasses, offends or threatens, shall not be permitted, and may
result in your loss of the right to access and use the Site. You shall
not metatag, provide links to or frame the Site without the prior
express written permission of Bestpetinsurance.
Public Forums
The Site may act as a venue, through its blogs, messaging, chat rooms,
bulletin boards and other forums (collectively, the “Forums”), allowing
users of the Site to contribute information and make statements (“User
Generated Content”). Bestpetinsurance is not involved in the actual
transmission of User Generated Content provided in the Forums. As a
result, Bestpetinsurance does not approve or endorse any User Generated
Content in the Forums, and you hereby acknowledge and agree that
Bestpetinsurance has no control over the quality, correctness,
timeliness, safety, truth, accuracy or legality of any User Generated
Content provided for by you or any other person or entity in the
Forums. You may find User Generated Content posted in the Forums by
other users to be offensive, harmful, inaccurate or deceptive. Please
use caution and common sense, and do not rely solely on User Generated
Content published in the Forums. Without limiting the generality of the
foregoing, and although Bestpetinsurance does not regularly review User
Generated Content provided in the Forums, Bestpetinsurance reserves the
right, but not the obligation, to remove or edit any User Generated
Content in the Forums.
Immediately report problems with the Forums to Bestpetinsurance.
Transmissions, Submissions and Postings to the Site
If you transmit, submit or post information to the Site that is not
Federally trademarked and/or copyrighted, you automatically grant
Bestpetinsurance and its affiliates and assigns the worldwide,
fully-paid, royalty-free, exclusive right and license to use, copy,
format, adapt, publish and/or incorporate any or all such information
in any media whatsoever, including, without limitation, the Content (as
defined below). Provided that you have obtained prior written
permission from Bestpetinsurance to transmit, submit or post
information to the Site that is Federally trademarked and/or
copyrighted, you automatically grant Bestpetinsurance and its
affiliates and assigns the worldwide, fully-paid, royalty-free right to
use, copy, format, adapt, publish and/or incorporate any or all such
information in any media whatsoever, including, without limitation, the
Content.
You shall not transmit, submit or post the following to the Site:
•Information that infringes Bestpetinsurance’s or any third party’s
copyright, patent, trademark, trade secret or other proprietary rights;
•Information that violates any law, statute, ordinance or regulation;
•Information that is trade libelous, unlawfully threatening,
unlawfully harassing, defamatory, obscene, explicit or vulgar, or
otherwise injurious to Bestpetinsurance or third parties or that
infringes on Bestpetinsurance’s or any third party’s rights of
publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap
doors, back doors, easter eggs, time bombs, cancelbots or other code or
computer programming routines that contain contaminating or destructive
properties or that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or
personal information;
•Information containing or constituting chain letters, mass mailings,
political campaigning, or any form of “spam”;
•Information that is false, inaccurate or misleading;
•Commercial advertisements or solicitations without written permission from Bestpetinsurance; or
•Federally Trademarked and/or Copyrighted information without written
permission from Bestpetinsurance.
Although Bestpetinsurance does not regularly review your transmissions,
submissions or postings, Bestpetinsurance reserves the right (but not
the obligation) to edit, refuse to post or remove your transmissions,
submissions or postings. Pursuant to the Privacy Policy,
Bestpetinsurance may review transmissions, submissions or postings made
by you to determine, in its sole discretion, your compliance with this
Agreement.
You are solely responsible for all your transmissions, submissions
or postings (i.e., your own User Generated Content) and the
consequences of transmitting, submitting or posting them.
Bestpetinsurance’s Intellectual Property Rights
The names “Bestpetinsurance”, “bestpetinsurance.com”, and
bestpetinsurance’s design, graphics, logos, page headers, button icons,
scripts, and service names are trademarks or trade dress of
Bestpetinsurance or its subsidiaries, in the United States and/or other
countries (collectively, the “Proprietary Marks”). You may not use the
Proprietary Marks without the prior express written permission of
Bestpetinsurance, which permission may be withheld in
Bestpetinsurance’s sole discretion. Bestpetinsurance makes no
proprietary claim to any third-party names, trademarks or service marks
appearing on the Site. Any third-party names, trademarks, and service
marks are property of their respective owners.
The information, advice, data, software and content viewable on,
contained in, or downloadable from, the Site (collectively, the
“Content”), including, without limitation, all text, graphics, charts,
pictures, photographs, images, line art, icons, and renditions, are
copyrighted by, or otherwise licensed to, Bestpetinsurance or its
Content suppliers. Bestpetinsurance also owns a copyright of a
collective work in the selection, coordination, arrangement,
presentation, display and enhancement of the Content (the “Collective
Work”). All software used on the Site (the “Software”) is the property
of Bestpetinsurance or its software vendors and is protected by United
States and international copyright laws. Viewing, reading, printing,
downloading or otherwise using the Content and/or the Collective Work
does not entitle you to any ownership or intellectual property rights
to the Content, the Collective Work or the Software.
You are solely responsible for any damage resulting from your
infringement of Bestpetinsurance’s or any third party’s intellectual
property rights regarding the Trademarks, the Content, the Collective
Work, the Software and/or any other harm incurred by Bestpetinsurance
or its affiliates as a direct or indirect result of your copying,
distributing, redistributing, transmitting, publishing or using the
same for purposes that are contrary to the terms and conditions of this
Agreement.
Your Use of the Content
Bestpetinsurance grants you a limited license to access, print,
download or otherwise make personal use of the Content and the
Collective Work in the form of: (i) one machine-readable copy; (ii) one
backup copy; and (iii) one print copy, for your non-commercial use;
provided, however, that you shall not delete any proprietary notices or
materials with regard to the foregoing manifestations of the Content
and the Collective Work. You may not modify the Content or the
Collective Work or utilize them for any commercial purpose or any other
public display, performance, sale, or rental, decompile, reverse
engineer, or disassemble the Content and the Collective Work, or
transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United
States, no other copying, distribution, redistribution, transmission,
publication or use, other than the non-commercial use of the Content
and the Collective Work as permitted by this Agreement, is permitted by
you without the express prior written permission of Bestpetinsurance,
which permission may be withheld in Bestpetinsurance’s sole discretion.
You may not use any meta tags or any other “hidden text” utilizing
Bestpetinsurance’s name or trademarks without the express written
permission of Bestpetinsurance, which permission may be withheld in
Bestpetinsurance’s sole discretion.
Electronic Communications
When you visit the Site or send email to Bestpetinsurance, you are
communicating with Bestpetinsurance electronically. You consent to
receive communications from Bestpetinsurance electronically. Although
Bestpetinsurance may choose to communicate with you by regular mail,
Bestpetinsurance may also choose to communicate with you by e-mail or
by posting notices on the Site. You agree that all agreements, notices,
disclosures and other communications that Bestpetinsurance provides to
you electronically satisfy any legal requirement that such
communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone,
computer hardware, Internet access services and other equipment or
services needed to access and use the Site, and all costs and fees
associated with Internet access or long distance charges incurred with
regard to your access and use of the Site.
Third Party Links
There may be provided on the Site links to other Web sites belonging to
Bestpetinsurance’s advertisers, business partners, affiliates and other
third parties. Such links do not constitute an endorsement by
Bestpetinsurance of those Web sites, nor the products or services
listed on those Web sites. Bestpetinsurance is not responsible for the
activities or policies of those Web sites. Bestpetinsurance does not
endorse or recommend the products of any particular advertiser,
business partner, affiliate or other third party. Bestpetinsurance does
not guarantee that the terms or rates offered by any particular
advertiser, business partner, affiliate or other third party on the
Site are the best terms or lowest rates available in the market.
Copyright Infringement
It is Bestpetinsurance’s policy to comply with the Digital Millennium
Copyright Act, title 17, United States Code, Section 512, including,
without limitation, responding to notices of alleged copyright
infringement, and other applicable intellectual property laws.
Bestpetinsurance shall, in appropriate circumstances, disable and/or
terminate the accounts of users who may infringe or repeatedly infringe
the copyrights or other intellectual property rights of
Bestpetinsurance and/or others.
Bestpetinsurance Makes No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE
PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
BESTPETINSURANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH
THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL
PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.
BESTPETINSURANCE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR
COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED
WITH THE SITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS,
COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE
SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE
ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES
AND PRODUCTS ASSOCIATED WITH THE SITE. BANKRATE MAKES NO
REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE
AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY
VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS,
TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES
THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE
INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY
INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
The Content is intended only to assist you with pet insurance
information. Accordingly, before making any final decisions or
implementing any decisions, Bestpetinsurance recommends that you obtain
additional information and advice of your pet care providers and other
advisors who are fully aware of your individual circumstances.
The Site is controlled and offered by Bestpetinsurance in the United
States of America. Bestpetinsurance makes no representations that the
Site is appropriate or available for use in other jurisdictions. If you
access or use the Site from other jurisdictions, then you do so by your
own volition and are solely responsible for compliance with local law.
Limitations on Bestpetinsurance’s Liability
BESTPETINSURANCE SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO,
YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT
INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT,
REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH
OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR
ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY
TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY
OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE
UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN
WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BANKRATE AND/OR ITS
SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BESTPETINSURANCE’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT
SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT BANKRATE SHALL NOT BE LIABLE FOR USER
GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER
GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or
the exclusion or limitation of certain damages. If these laws apply to
you, some or all of the above disclaimers, exclusions or limitations
may not apply to you.
Your Indemnification of Bestpetinsurance
You shall defend, indemnify and hold harmless Bestpetinsurance and its
officers, directors, shareholders, employees, independent contractors,
agents, representatives and affiliates from and against all claims and
expenses, including, but not limited to, attorneys’ fees, arising out
of, or attributable to: (i) any breach or violation of this Agreement
by you; (ii) your failure to provide accurate, complete and current
personally identifiable information requested or required by
Bestpetinsurance; (iii) your access or use of the Site; (iv) access or
use of the Site under any password that may be issued to you; and/or
(v) your transmissions, submissions or postings (i.e., your own User
Generated Content).
Amendments of this Agreement
Bestpetinsurance reserves the right to update, amend and/or change this
Agreement at any time in its sole discretion and without notice.
Updates to this Agreement will be posted here. You are encouraged to
revisit this Agreement from time to time in order to review any changes
that have been made. Your continued access and use of the Site
following the posting of any such changes shall automatically be deemed
your acceptance of all changes.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or
unenforceable by any arbitrator or court of competent jurisdiction,
this Agreement as a whole shall not be deemed unlawful, void or
unenforceable, but only that portion of this Agreement that is
unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of
reference only, are not to be considered a part of this Agreement, and
shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement. This Agreement and the Privacy Policy
represent the entire understanding and agreement between you and
Bestpetinsurance regarding the subject matter of the same, and
supersede all other previous agreements, understandings and/or
representations regarding the same.
If you have questions, comments, concerns or feedback regarding this
Agreement or the Site, please contact Bestpetinsurance.


