PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

By accessing Accident Helpline, using any of our services and/or accessing and using any other websites on which these Terms and Conditions reside (collectively also referred to herein as the “Site”), or any of the Site’s Content (as defined below), you acknowledge that you agree to and are subject to the following Terms and Conditions, including without limitation, binding arbitration (described in Section 2 below), the Accident Helpline Privacy Policy, E-Sign Consent, and any operating rules, policies, and procedures that may be published from time to time on this Site (collectively, the “Terms”). NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND THAT LIMIT OUR LIABILITY TO YOU.

If you do not agree to these Terms, you may not access or otherwise use the Site or the Content. The Terms constitute a legally binding agreement between you and us, Accident Helpline, the operator of the Site (hereafter referred to as “we”, “us” or “our”). References in these Terms to “Site operator,” “we”, “us” and “our” include our affiliates (including, without limitation, Accident Helpline, Inc.), agents, successors and assigns. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is intended for and made available only to residents of the United States, age 18 or older. By accessing and using the Site, you accept and agree to, without qualification, the Terms and represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Site, including the provision or use of any Content, does not violate any applicable law.

Our Services

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 applied through the Site to receive insurance or other authorized quotations from a Provider (each, a “Prospect”), and all Prospects and potential Prospects that use the Site are collectively called the Site’s “Users” (and hereafter may be referred to as “you” or “your”). We may, with a Prospect’s authorization, collect certain information (a “Lead”) about a Prospect and sell the Lead to a Provider. We are not responsible for the legality, safety or quality of the products offered for sale by a Provider, the accuracy or veracity of the representations regarding the products, the ability of Providers to sell the products or the ability of Prospects to pay for the products. For all purposes we are an independent contractor.

With the exception of certain life insurance transactions, we do not issue insurance contracts or bind coverage. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Prospect or Provider. With the exception of certain life insurance transactions, we do not endorse or recommend any Providers or insurance policies or other related products offered by such Providers. With the exception of certain life insurance transactions, we do not provide any type of insurance, tax, financial, legal or any other advice. We do not guarantee that any Providers to whom we send a Prospect’s application will contact the Prospect or agree to provide the Prospect with the requested insurance coverage. If you would like personal advice or insurance specific policy recommendations, please consult with a qualified professional. Be advised that we do not offer or sell any insurance or other products shown on the Site.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. You agree to attempt in good faith to settle any dispute or claim that has or may arise between us, which arises out of or relates in any way to these Terms or your use of the Site or the Content, including, without limitation, any dispute or claim between you and a Provider (each, a “Claim”), by way of consultations between you and us, which consultations will be initiated upon written notice by any party to the other (the “Consultation Notice”). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought (“Demand”). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this Section 2. Any notice to us under this Section 2 should be addressed to: info@accidenthelpline.us (“Notice Address”).You agree to arbitrate all Claims between you and us, or any Provider, that cannot be amicably resolved in accordance with the foregoing paragraph. This agreement to arbitrate is intended to be broadly interpreted.

It includes, but is not limited to: (a) claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (b) claims that could be alleged as class action Claims (and you agree to waive the right to participate in a class action in accordance with this Section 2). For the avoidance of doubt, references in this Section 2 to “Site operator,” “Provider,” “we”, “Prospect”, “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services, information or Site Content available through the use the Site. This arbitration agreement does not preclude you from bringing an individual action in small claims court if your claims qualify, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Further, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or the Federal Trade Commission

You agree that, by entering into this arbitration agreement, you and we are each waiving our respective rights to a trial by jury or to participate in a class or representative action, and that arbitration of disputes pursuant to this Section 2 shall be in your individual capacity. THIS MEANS YOU ARE LIMITING YOUR RIGHT TO APPEAL AND ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE, OR JOIN THE CLAIMS OF OTHER PARTIES WHO MAY BE SIMILARLY SITUATED OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

The arbitration will be governed by the American Arbitration Association (“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 arbitrator is bound by the terms of this Agreement and shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. All issues are for the arbitrator to decide, including, without limitation, issues relating to the applicability and enforceability of this arbitration agreement.

Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings under this Section 2 will take place in the county where you are domiciled. If your Claim 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. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for in this Section 2, in any arbitration between you and us under this Section 2, all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above where Claims for damages do not exceed $10,000 shall, at your written request, be paid by us.

Any request for payment of fees by us shall be submitted by mail to the AAA along with your demand for arbitration, and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law.

With the exception of the provision in the preceding paragraph prohibiting class arbitration or representative proceedings, if an arbitrator or court decides that any part of this Section 2 is invalid or unenforceable, the other parts of this Section 2 shall still apply to the maximum extent possible. In the event that the foregoing prohibition on class arbitration or representative proceedings is deemed invalid or unenforceable, then the entirety of this Section 2 shall be null and void. The remainder of the Terms, including, without limitation, Section 16 (Choice of Law and Forum), will remain in force.

You may opt-out of this arbitration provision only by written notice to us at the Notice Address ( info@accidenthelpline.us) within thirty (30) days of your acceptance of this agreement, which notice shall include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.

If we make any change to this arbitration provision (other than a change to the Notice Address) during the term of your relationship with us, that change shall not apply to any Claim against us initiated prior to the effective date of the change. The change shall apply to all other Claims that have arisen or may arise between you and us. We will notify you of changes to this arbitration provision by posting the amended terms on the Site or by email, in each case at least thirty (30) days before the effective date of the changes.

Notwithstanding anything to the contrary in these Terms, Providers shall be third party beneficiaries of the rights to dispute resolution and arbitration set forth in this Section 2, and each Provider shall have the right to enforce this Section 2 against Users as if such Provider were a party to the agreement set forth in this Section 2 in the event of any dispute or claim between you and such Provider based on or relating to any transaction or interaction between you and such Provider that is enabled by or arises in connection with your use of the Site. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

If you have enabled location services for our app, we collect this information in the background, even when you do not have our app open on your phone. We get information about you from third parties. For example, our business partners may give us information about you, including contact, demographic and other personal information. These may include insurance providers, credit reporting agencies and other data companies. Social media platforms may also give us information about you. We combine information. For example, we may combine information we get from a third party with information we already have. We may also combine information collected from you on our various platforms. We may also obtain information about you based on other websites you have visited.

Personal Use

We do not charge Users to access the Site. We grant each User a limited, revocable, non-exclusive license to access the Site and the text, images, maps, files, photos, information and other materials on the Site (the “Content”) in order to view, access or make inquiries to us regarding our services, in accordance with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of display, copying, aggregation, collection, or derivative use of the Site nor any right of use of spiders, data mining, robots or similar data extraction and gathering tools without our prior express written permission. Any rights not expressly granted herein are reserved by us.

Downloading of Information from the Site and Proprietary Rights

We will share information with third parties who perform services on our behalf. For example, we share information with vendors who send emails for us. We may also share information with companies that operate our websites, app or run a promotion. If you use our app, your driving information may be collected by Cambridge Mobile Telematics (CMT) and shared with us and our third-party marketing partners. This includes your location (GPS), as well as data from the accelerometer and gyroscope, and time of day. We will share information with our business partners and other third parties. These partners may send you information about products and services by telephone, text, fax, mail or email. If you use our website or app we will share your information, including name, address, email, telephone number, and date of birth, which you provided to us or that we obtained from third-party sources, with insurance companies or other third parties that may provide it to insurance companies. Insurance companies that receive your information may use it to assist in providing you offers for insurance. You further acknowledge and agree that each insurance company that receives your quote request from this website or from our affiliates may confirm your information through the use of a consumer reporting agency, which may include among other things, your driving record and/or credit score to determine eligibility and accurate rates. Additionally, if you use our app, the data provided to insurance companies, either directly by us or through other third parties, may include your driving history, “driving score” and “risk score” as calculated by us or other third parties, and as described above in the section above entitled “We use your information to calculate a driving score.” If you purchase insurance from any third party that is based in part on your driving habits provided by us or CMT, unless you instruct us otherwise, we or CMT may continue to provide your driving habits to this third party, who may share it with your insurance provider during the term of your policy. We will share information if we think we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. This may include information that is discoverable in connection with accident investigations, litigation or both. We may share it if a government agency or investigatory body requests.

We might share information when we are investigating potential fraud. We may share information with any successor to all or part of our business. For example, if part of our business was sold we may give our customer list as part of that transaction. Some of your information will be viewable by other users. If you use the app, your user name, profile picture, driving score and rank, and city or town of residence will be publicly viewable by others. You may also elect to share your specific driving habits and trips with your friends, however, we will not share this information without your permission. You have certain choices about how we use your information. You can opt out of receiving our marketing emails. To stop receiving our promotional emails, email customer support at info@accidenthelpline.us or follow the instructions in any promotional message you get from us. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions. If you opt-out of receiving marketing communications from our business partners with whom we have shared your information, you will still receive marketing communications from us and any other business partners with whom your information was shared. You can request that we stop sharing information with third parties for their marketing purposes. To opt out of having us share your information with third parties for their promotional purposes, email us at info@accidenthelpline.us. You can control cookies and tracking tools. To learn how to manage how we – and our vendors – use cookies and other tracking tools, and to read our Do Not Track policy, please click here. You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone through your phone’s settings.

04. Limitation of Liability

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05. Accounts, Passwords and Security

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