ArmiCare Terms and Conditions of Use

Effective Date: May 28, 2025

Please read these Terms and Conditions of Use carefully before accessing or using this site. By accessing ArmiCare.com, utilizing our services, or accessing any websites or mobile applications where these Terms and Conditions are posted (collectively, the "Site"), or any Site Content (as defined below), you acknowledge and agree to be bound by these Terms and Conditions, including binding arbitration (Section 2), the ArmiCare Privacy Policy, E-Sign Consent, and any operating rules, policies, or procedures published on the Site (collectively, the "Terms"). These Terms constitute a legally binding agreement between you and ArmiCare, the operator of the Site (referred to as "we," "us," or "our"). References to "Site operator," "we," "us," or "our" include our affiliates, agents, successors, and assigns. These Terms include provisions governing dispute resolution and limiting our liability to you. If you do not agree to these Terms, you may not access or use the Site or its Content. The Site is available only to individuals who can form legally binding contracts under applicable law, specifically residents of the United States aged 18 or older. By using the Site, you represent and warrant that you have the authority to bind yourself to these Terms and that your use of the Site does not violate any applicable law.

1. Our Services

The Site serves as a platform to connect insurance agents, insurance companies, lead aggregators, and similar parties (each a "Provider") with potential consumers seeking insurance or other authorized quotations (each a "Prospect"). All Prospects and potential Prospects using the Site are collectively referred to as "Users" (and may be referred to as "you" or "your"). With a Prospect’s authorization, we may collect certain information (a "Lead") and share it with Providers. ArmiCare is not responsible for the legality, safety, or quality of products offered by Providers, the accuracy of their representations, or the ability of Providers or Prospects to fulfill transactions. We operate as an independent contractor and, except for certain life insurance transactions, do not issue insurance contracts, bind coverage, or provide insurance, tax, financial, legal, or other advice. We do not guarantee that Providers will contact Prospects or provide requested coverage. For personalized advice or policy recommendations, consult a qualified professional. ArmiCare does not offer or sell insurance or other products displayed on the Site.

2. Dispute Resolution by Binding Arbitration

Please read this section carefully, as it affects your legal rights. You agree to attempt to resolve any dispute or claim arising from or relating to these Terms, your use of the Site, or interactions with Providers (each a "Claim") through good-faith consultations initiated by written notice (the "Consultation Notice") to compliance@armicare.com. The Consultation Notice must describe the Claim and the relief sought. If unresolved within 30 days, either party may initiate arbitration as outlined below. You agree to arbitrate all Claims that cannot be resolved amicably. This agreement includes, but is not limited to, claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, including class action claims (which you waive). This arbitration agreement applies to ArmiCare, its affiliates, agents, employees, successors, assigns, and Providers. It does not preclude individual actions in small claims court or reporting issues to federal, state, or local agencies. By agreeing to arbitration, you and ArmiCare waive the right to a jury trial or participation in class or representative actions. The Federal Arbitration Act governs this provision, which survives termination of these Terms. Arbitration will be conducted under the American Arbitration Association’s (AAA) rules, including the Supplementary Procedures for Consumer-Related Disputes (excluding class arbitration rules), by one arbitrator with relevant industry experience. The AAA Rules are available at https://www.adr.org/Rules or by calling (772) 242-0190. Delaware law applies, consistent with the Federal Arbitration Act. Hearings will occur in your county of domicile, with options for document-based, telephonic, or in-person hearings for Claims of $5,000 or less, as per AAA Rules. For Claims up to $10,000, ArmiCare will pay AAA filing, administration, and arbitrator fees upon your written request. For higher-value Claims, ArmiCare may cover fees if arbitration costs are prohibitive, unless the arbitrator deems the Claim frivolous. The arbitrator may award individual declaratory or injunctive relief only. If the class arbitration waiver is deemed unenforceable, this entire arbitration provision is void. Otherwise, unenforceable provisions will not affect the remaining Terms. You may opt out of arbitration by emailing compliance@armicare.com within 30 days of accepting these Terms, including your name, address, and a clear statement of intent to opt out. Changes to this arbitration provision will not apply to Claims initiated before the change’s effective date and will be notified via the Site or email at least 30 days in advance. Providers are third-party beneficiaries of this section and may enforce it in disputes arising from Site-enabled transactions. Do not use the Site if you do not agree to these arbitration provisions.

3. Personal Use

ArmiCare grants Users a limited, revocable, non-exclusive license to access the Site and its Content (text, images, maps, files, photos, and information) solely for viewing, accessing, or inquiring about our services, subject to these Terms. Any other use, including display, copying, aggregation, or use of data mining tools, is prohibited without our prior written consent. All rights not expressly granted are reserved by ArmiCare.

4. Intellectual Property Rights

The Site and its Content are protected by U.S. and international copyright, trademark, and database laws. Content is for personal, non-commercial use only, as outlined in Section 3. Copying or storing Content beyond personal use is prohibited without ArmiCare’s or the copyright holder’s written permission. By posting Content on the Site, you grant ArmiCare a non-exclusive, sublicensable, irrevocable, worldwide, royalty-free license to use, modify, display, reproduce, publish, and distribute such Content in any media without payment or third-party permission.

5. Unauthorized Use

Without ArmiCare’s prior written consent, you may not:

• Upload, post, copy, republish, or distribute Content in any form;
• Reproduce, frame, or mirror any portion of the Site;
• Reverse engineer, disassemble, or create derivative works from the Site or Content;
• Sell, license, or transfer any portion of the Site;
• Use spiders, robots, or other automated tools to copy or monitor the Site;
• Use the Site for fraudulent or false inquiries or accounts;
• Post abusive, unlawful, defamatory, obscene, or inflammatory material;
• Interfere with the Site’s operation or performance or infringe on proprietary rights;
• Upload viruses, worms, or other harmful software;
• Attempt unauthorized access or circumvent security measures.

Unauthorized use is a breach of these Terms and may violate applicable law. Report violations to legal@armicare.com.

6. Site Changes

ArmiCare may modify, suspend, or discontinue any aspect of the Site, including features or Content, or restrict access without notice or liability.

7. Privacy Policy

By using the Site, you consent to the collection and use of your information as described in the ArmiCare Privacy Policy, which details our data practices, sharing policies, and opt-out options.

8. Identity Verification

Exercise caution when interacting with others via the Site or the internet. ArmiCare is not responsible for verifying the identity of Users or Providers.

9. Limitation of Liability

To the maximum extent permitted by law, ArmiCare, its officers, directors, shareholders, employees, or affiliates will not be liable for lost profits, revenue, or any indirect, consequential, special, incidental, or punitive damages arising from your use of the Site, inability to use the Site, or transactions with Providers, even if advised of such damages. Our liability is limited to the greater of (a) fees received from you in the month the claim arose or (b) $200.00. Claims must be commenced within one year. Some jurisdictions, including New Jersey, may not allow certain liability exclusions, and these limitations may not apply to damages caused by ArmiCare’s negligent, fraudulent, reckless, or intentional misconduct.

10. Disclaimer

The Site, its Content, services, and materials are provided "as is" without warranties of any kind, including non-infringement, title, merchantability, or fitness for a particular purpose. ArmiCare does not guarantee the Site’s accuracy, completeness, or uninterrupted operation, or that it is free of viruses or harmful components. Use of the Site is at your own risk, and you are responsible for any damage to your systems or data. Some jurisdictions may not allow certain warranty exclusions, so these disclaimers may not apply to you.

11. Release

You release ArmiCare and its affiliates from any claims, demands, or liabilities arising from disputes with Providers, Prospects, or other third parties related to your use of the Site. California residents waive California Civil Code Section 1542, and residents of other states waive similar statutes.

12. Indemnity

You agree to indemnify and hold ArmiCare and its affiliates harmless from any claims, liabilities, or costs (including attorneys’ fees) arising from your use of the Site, Content, or interactions with Providers, or any breach of these Terms.

13. Intellectual Property Notification

ArmiCare does not permit infringement of intellectual property rights on the Site and will remove infringing Content upon proper notification. To report infringement under the Digital Millennium Copyright Act (DMCA), provide our Copyright Agent at compliance@armicare.com with:

• A physical or electronic signature of the authorized representative;
• Identification of the infringed work;
• Identification of the infringing material;
• Contact information;
• A good-faith statement that the material is not authorized;
• A statement, under penalty of perjury, that the notification is accurate.

Non-DMCA communications should be directed to customer service via the Site’s Contact Us section.

14. Trademarks

ArmiCare’s logo and service names are trademarks of ArmiCare. Use of these marks requires prior written permission.

15. Choice of Law and Forum

These Terms are governed by Delaware law, excluding its choice of law rules. Subject to Section 2, Delaware courts have exclusive jurisdiction over any disputes. You agree not to sue ArmiCare in any other forum.

16. No Agency

No agency, partnership, or employment relationship is created between ArmiCare and Users or Providers by these Terms or Site use.

17. Notices

Send notices to legal@armicare.com and by certified mail to: Legal Department, ArmiCare, 210 Broadway, Suite 302, Cambridge, MA 02139. ArmiCare will send notices to your last provided email address or by certified mail. Notices are deemed received 24 hours after email transmission (unless invalid) or three days after mailing.

18. Amendments

ArmiCare may modify these Terms at any time, with changes effective upon posting on the Site. Continued use constitutes acceptance. No waiver of any Term is valid unless in writing and signed by ArmiCare. These Terms, including the E-Sign Consent and Privacy Policy, constitute the entire agreement.

19. Third-Party Links

The Site may link to third-party sites or resources. ArmiCare is not responsible for their content, products, or services, or any resulting damages. Links do not imply endorsement.

20. Partial Invalidity

If any provision of these Terms is unenforceable, the remaining provisions remain in effect.

21. Acknowledgement

By using the Site, you acknowledge that you have read and understand these Terms, which have the same effect as a signed agreement.

22. E-Sign Consent

By agreeing to these Terms, you consent to receive electronic disclosures and communications from ArmiCare, including this E-Sign Consent, Privacy Policy, and Terms of Use, via email or designated websites. Your electronic signature is equivalent to a physical signature. To access electronic disclosures, you need:

• An internet-connected computer;
• A current web browser with 128-bit encryption (e.g., Microsoft Edge, Mozilla Firefox, Apple Safari, or Opera, with cookies enabled);
• A valid email address;
• Sufficient storage or a printer for records.

Add @armicare.com to your email address book if using a spam filter. You may request paper copies of disclosures at no charge or withdraw consent by contacting ArmiCare at 210 Broadway, Suite 302, Cambridge, MA 02139. Withdrawal is effective after a reasonable processing period and may result in account cancellation. Update your email address by contacting compliance@armicare.com. Electronic disclosures are considered received within 24 hours of posting or emailing, unless the email address is invalid. ArmiCare may discontinue electronic disclosures or provide paper copies at its discretion.

For questions, contact us at compliance@armicare.com or (772) 242-0190.