By completing an application on the Rate Barn Platform, I provide my signature, expressly authorizing insurance carriers or their agents or partner companies to use the information in my application to provide me insurance quotes. I understand that my signature is not a condition of purchasing any services or goods and that I may cancel or revoke my consent at any time by providing notice to Rate Barn by emailing email@example.com.
RATE BARN - SERVICE AGREEMENT AND TERMS & CONDITIONS OF USE (THE “AGREEMENT”)
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS HEREUNDER, AND DISCLAIMERS AND WARRANTIES
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge. Without limiting the foregoing, you acknowledge that such consideration includes, among other things, your ability to visit, use and/or submit information on the Rate Barn Platform. You represent that you have the capacity to be bound by this Agreement.
The Rate Barn Platform is intended to be used only by adults and is not directed to minors. Rate Barn does not knowingly collect personally identifiable information from anyone under the age of 15 and you should not provide us with any information for anyone under the age of 15.
Use of our Services
Your access and use of the Rate Barn Platform occasionally may be interrupted for technical or other reasons or actions, that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of the Rate Barn Platform and/or any portion or feature of the Rate Barn Platform at any time, in our sole discretion, and without prior notice.
As a condition of use of the Rate Barn Platform, you must:
You Are Responsible for Your Own Insurance Decisions
You acknowledge that you are solely responsible for your financial decisions. Rate Barn provides a venue through which you can obtain information from third parties, such as insurance brokers, insurance agents, and insurance carriers ('Insurance Providers'). We do not endorse or recommend the products or services of any particular Insurance Provider and are not an agent or advisor to you or any Insurance Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Insurance Providers. Any such validation or investigation is your sole responsibility. You acknowledge that Insurance Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of an Insurance Provider's products or services. You acknowledge that you are relying on your own judgment and that of your advisors in selecting any products or services offered by the Insurance Providers.
You acknowledge and agree that Rate Barn is not an Insurance Provider, insurance producer or financial institution. Rather, Rate Barn is a technology platform that provides you with an insurance shopping experience by connecting you with Insurance Providers that provide you quotes based on information provided by you. We do not, and will not, make any insurance coverage decision with any Insurance Provider referred to you through the Rate Barn Platform. We do not provide insurance coverage or any other financial products. Rate Barn does not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by the Insurance Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Insurance Providers are the best available.
Rate Barn License Fees
Rate Barn does not charge you a license fee to use the Rate Barn Platform. Insurance Providers may pay us license fees for use of the Rate Barn Platform to connect with consumers. We are not involved with and are not responsible for any fee arrangement that you may enter into with any Insurance Provider. You acknowledge this compensation structure.
You hereby release Rate Barn of any and all losses, costs, damages or claims in connection with, arising from or related to your use of an Insurance Provider's products or services, including any fees charged by an Insurance Provider.
Insurance Quote Requests
The Rate Barn Platforms gives you the opportunity to request and receive personal insurance quotes or offers from Insurance Providers. The Rate Barn Platform is available only to residents of the United States and may not be available in all States.
By completing an application on the Rate Barn Platform:
Rate Barn’s Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and other information are our trademarks or trade dress in the United States and/or other countries (collectively, the 'Proprietary Marks'). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on the Rate Barn Platform. 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 Rate Barn Platform (collectively, the 'Content'), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. All software used on or within the Rate Barn Platform (the 'Software') is our property or the property of our 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 damages resulting from your infringement of our or any third-party's intellectual property rights regarding the Trademarks, the Content, the Software and/or any other harm incurred by us or our 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
We grant you a limited license to access, print, download or otherwise make personal use of the Content. You may not modify the Content or utilize it for any commercial purpose or any other public display, performance, sale, or reverse engineer, or disassemble the Content, or transfer the Content to another person or entity.
When you use the Rate Barn Platform or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically, and via telephone/text. You agree that all agreements, notices, disclosures and other communications that we provide 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 our Services, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of our Services.
If we provide aspects of our Services via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such application.
Third Party Links or Access
The Rate Barn Platform may offer links or access to other websites or mediums belonging to advertisers, business partners, affiliates, and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We do not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, or other third party on or through the Rate Barn Platform are the best terms or lowest rates available.
It is our 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. We 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 ours and/or others.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF THE RATE BARN PLATFORM
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE RATE BARN PLATFORM ARE PROVIDED TO YOU ON AN 'AS-IS' AND 'AS AVAILABLE' BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RATE BARN PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE RATE BARN PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RATE BARN PLATFORM AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE RATE BARN PLATFORM IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, 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 RATE BARN PLATFORM, OR 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 RATE BARN PLATFORM. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE RATE BARN PLATFORM. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE RATE BARN PLATFORM 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. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH THE RATE BARN PLATFORM.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
LIMITATION ON OUR LIABILITY
WE 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 RATE BARN PLATFORM; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE RATE BARN PLATFORM FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE RATE BARN PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE RATE BARN PLATFORM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE 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 US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES 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.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this 'Limitations on Our Liability' section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Illinois shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our 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 us; (iii) your access or use of the Rate Barn Platform; (iv) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Cook County, Illinois, or the United States District Court, Northern District of Illinois. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Rate Barn Platform will be resolved in accordance with the provisions set forth below.
Arbitration, Waiver of Jury Trial, Venue
The Parties agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination,, enforcement, interpretation or validity thereof or the use of the Rate Barn Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect. The arbitrator shall wither be a retired judge or an attorney licensed to practice law in the state where the arbitration occurs and will be selected by the parties from the AAA’s roster of commercial arbitrators.
Except as otherwise agreed to by the parties, the arbitration will be conducted in Cook County, Illinois. The arbitrator will render an award within the time frame specified by the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon with the award is based. Judgment on the arbitration award may be entered in any court of competent jurisdiction thereof. The parties’ responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Choice of Law
You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by a 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.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have any questions or concerns regarding your privacy, please contact us at firstname.lastname@example.org.
Why do we collect your information? We help you shop for insurance and other related services by connecting you with insurance companies and insurance agents via a personalized comparison dashboard for the purpose of providing you insurance quotes and related services.
What do we collect and how do we use it?
By clicking "Submit" you expressly authorize insurance carriers or their agents or partner companies to use the information in your application to provide you insurance quotes and related services. You understand that insurance companies or their agents or partner companies may confirm your information through the use of one or more consumer reports. You further consent to insurance companies, their agents or partner companies running any and all appropriate reports based upon your personal information for the express purpose of providing you insurance quotes and/or determining whether such quotes can be provided. You understand that your signature is not a condition of purchasing any services or goods and that you may cancel or revoke my consent at any time by providing notice to Rate Barn by emailing email@example.com.
Our users may provide us with personally identifiable information. Personally identifiable information generally means any information that may be used to identify an individual, including, but not limited to, your name, home address, telephone number, and email address.
Examples of personally identifiable information may include:
Further, we may aggregate information we receive from you and from our other users and may use or disclose such aggregate information to third parties in a manner that does not disclose any individual user's personally identifiable information.
NOTICE REGARDING CONSUMER REPORT PRACTICES: AS STATED ABOVE, BY CLICKING "Submit" AND SEEKING INSURANCE QUOTES, YOU AUTHORIZE AND AGREE THAT AN INSURANCE PROVIDER MAY OBTAIN ADDITIONAL BACKGROUND INFORMATION ABOUT YOU TO PROVIDE YOU WITH YOUR REQUESTED INSURANCE QUOTE OR POLICY INFORMATION. FOR EXAMPLE, CONSUMER AND/OR CREDIT REPORTS, OR DRIVING RECORDS MAY BE ORDERED IN CONNECTION WITH YOUR APPLICATION. THESE REPORTS MAY PROVIDE ADDITIONAL INFORMATION THAT MAY ASSIST PROVIDERS IN DETERMINING YOUR ELIGIBILITY FOR INSURANCE OR RELATED SERVICES, AND RATES THAT YOU MAY BE CHARGED. CONSUMER REPORTS MAY ALSO BE USED FOR UPDATES, RENEWALS, OR EXTENSIONS OF ANY INSURANCE YOU MAY OBTAIN. AN INSURANCE PROVIDER MAY ALSO OBTAIN AND USE A CREDIT-BASED INSURANCE SCORE CONTAINED IN YOUR CREDIT REPORT. THIS INFORMATION MAY BE COMBINED BY AN INSURANCE PROVIDER WITH INFORMATION YOU SUBMIT TO THE RATE BARN PLATFORM, AND BY CLICKING SUBMIT FOR YOUR APPLICATION, YOU ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR WRITTEN PERMISSION TO OUR INSURANCE PROVIDERS TO OBTAIN YOUR CREDIT REPORT.
Protecting Our Legal Rights and Other's Rights. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We do not otherwise share personally identifiable information from our users with third parties unless we believe using or sharing such information is appropriate to carry out a user's request or if we have a good-faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce our Terms & Conditions, including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Rate Barn, its users or the public as required or permitted by law.
We reserve the right to disclose your personally identifiable information as required by law or when we believe that disclosure is necessary to protect our rights and/or comply with a legal or judicial proceeding or court order.
Merger or Sale of Company. If we should ever file for bankruptcy or have our assets sold to or merged with another entity, information that we receive from you through this website may be treated as an asset of the Company and may be transferred to the fullest extent permitted by law.
We may post customer testimonials/reviews on our sites, which may contain personally identifiable information. We do obtain the providing customer's consent prior to posting personally identifiable information associated with any such testimonial/review.
This Rate Barn Platform is hosted in the United States and is intended exclusively for U.S. residents. In using the Rate Barn Platform, you represent and warrant that you have any and all necessary authorization to submit the information contained in your requests, and that you expressly consent to the transfer, use, and forwarding by us of the information you provide to us through the Rate Barn Platform and to the United States.
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software and firewalls as part of our efforts to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. By using our site, you acknowledge that you understand and agree to assume these risks.
If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using this the Rate Barn Platform or providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Rate Barn Platform. We may post a notice on the Rate Barn Platform if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Changes And Updates