If you do not agree to our Terms, please do not use our Services. Any use of the Services by you or your Authorized User will be considered as your consent and agreement to our Terms.
“Account” means a User’s account that was registered on our Website and created for the purposes of accessing our Services.
“Aggregated Information” means all information derived from your use of Services and including without limitation, usage information, data and other content, provided however, such information will not be able to reveal Authorized User or your identity.
“Article(s)” means written Content on a topic as authored by subject matter experts, and where each such Article ought to display Pet Insurance copyright notice and the name of the author.
“Authorized User” means someone who has been designated by you to access the Services.
“Certified” or “Certify” means being officially recognized as possessing a certain qualification, criteria or meeting certain standards.
“Content” means any content featured or displayed but not limited to quotes, articles, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, postings, graphics (including medical illustrations and animations), interfaces, webpages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the Services.
“Customer Input” means any content submitted or otherwise shared by you in the course of use of Services, including any of your suggestions, modifications or other actions undertaken by you in respect of Services.
“Handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle” and “Handling” has the same meaning depending on the context.“Intellectual Property” means inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice), including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisionals, divisions, reissues, renewals, re-examinations and extensions thereof; trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; semiconductor chip protection and mask work right; the protection of works of authorship or expression and copyright (whether or not registered); trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages.
“Intellectual Property Rights” means any rights pertaining to Intellectual Property.“Law” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority. “Location” means a unit, whether business or residential, which has one unique mailing address. “Onboarding Form” means a document, and its related attachments, which sets out your order and applicable deliverable expectations by us and fees payable by you. “Person” means an individual or a company. “Personal Information” means any identifiable information related to a Person. Product” means the Content and related functionality as further set out in an Onboarding Website means (i) any website (including https://www.petinsuranceinfo.com/) and a subdomain of any such websites, and (ii) any Application for such websites or any other website operated by us.
We are a licensed independent insurance broker. You understand and agree that we are not an insurance company or similar provider of products or services, and as such, do not issue insurance policies or make coverage determinations.
By submitting your personal information to us when requesting a quote, you authorize us to provide that information to Insurance Providers that participate in our insurance quote distribution network and operations. We take no responsibility for the contents of the quote.
Subject to your compliance with our Terms, we grant you a non-exclusive right to the Content we create in the provision of Services.
You will not perform any Restricted Actions (as defined below).
You acknowledge that Services and Content are subject to Section 10 (Disclaimers).
We may receive commissions, fees, or interest as compensations for the insurance policies provided to you through our Services and payment for clicks and quotes generated from our Services to Insurance Providers’ sites. If you have any questions regarding the nature or amount of the compensation paid to us, we encourage you to contact us.
We also receive payment from advertisers to feature in emails we send to users who have opted in to receive offers from third parties. It is this compensation that enables Company to provide you with services at no cost. We strive to provide a wide array of offers, but our offers do not represent all pet insurance companies or products.
Restricted Actions. You covenant that you will not:
remove or hide and trademark (™), copyright (©), or others attributions or contributor information in the event such items are included in the Content;
misrepresent (2) your identity (e.g. impersonate or attempt to impersonate us or the Services, an employee, contractor or agent, another user, or any other person or entity including, without limitation, by using e-mail addresses or usernames associated with us or the Services);
rent, lease, access the Services in order to build a commercially available product or service which competes with the Services;
copy any features, functions, integrations, interfaces or graphics which are part of the Services;
violate any Laws;
make statements on a website on any topic, particularly regarding Content and the Services, which could reasonably be considered false or misleading;
share any sensitive data with us which, in the normal course of events, would demand special Handling and introduce a security burden on us that is not agreed upon by us in writing in advance of receipt of such data; and
transmit any information in relation with the Services in any other manner, which may be: (1) unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (2) in violation of a third party’s Intellectual Property Right or is subject to Intellectual Property Rights; (3) refutes or is contrary to what is set out anywhere in the Services; (4) is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (5) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and (6) violates the privacy of any third party.
We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the above.
If you become aware of any actual or threatened activity by an Authorized User which is prohibited by Section 7(b) (Restricted Actions), you will immediately (a) take all reasonable and lawful measures within your control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services, and (b) notify Pet Insurance of any such actual or threatened activity.
We do not directly provide insurance and make no representations, warranties or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by Insurance Providers or other third parties through our Services. Any specific coverage provided to you by any Insurance Provider or other third party is subject to that party’s actual terms, conditions, exclusions, and underwriting practices. We have no authority to make any determinations respecting coverage for a specific claim.
IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN OUR TERMS, THE SERVICES PROVIDED, INCLUDING ALL CONTENT AND FUNCTIONS, ARE “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY, OR INTEGRATION WITH ANY SYSTEM, INCLUDING PRACTICE MANAGEMENT INFORMATION SOFTWARE, WHICH IS NOT PROVIDED BY PET INSURANCE. PRODUCT CONTENT IS MEANT TO BE A SUPPLEMENTARY RESOURCE FOR YOU.
PRODUCT CONTENT IS NOT INTENDED TO REPRESENT ALL AVAILABLE INFORMATION REGARDING ANY TOPIC, AND DOES NOT PRESENT INFORMATION FROM ALL POTENTIAL SOURCES OF INFORMATION. PET INSURANCE DOES NOT CERTIFY ANY PRODUCT CONTENT, INCLUDING VETERINARIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR OR BE REFERENCED IN PRODUCT CONTENT. RELIANCE ON ANY PRODUCT CONTENT AND ANY OTHER INFORMATION, HOWEVER PRESENTED, OBTAINED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
ALTHOUGH THE SERVICES PROVIDE LINKS TO THIRD PARTY WEBSITES, WE ASSUME NO OBLIGATION AND PROVIDE NO GUARANTEES WHATSOEVER IN CONNECTION WITH THE PERFORMANCE OF THIRD PARTY WEBSITES OR THIRD PARTY CONTENT PROVIDED OR ACCESSED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE TO YOU FOR THE CONDUCT OF ANY SUCH THIRD PARTY OR FOR ANY ERROR, INACCURACY, OR INACCESSIBILITY OF ANY MATERIAL THEY SUPPLY.
WE DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT PRODUCT OR ANY ITEM CONNECTED WITH SERVICES IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS, OR THAT ANY TRANSMISSION TO AND FROM US OR COMMUNICATION BY YOU IS CONFIDENTIAL.
ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY MATERIALS.
TO THE FULLEST EXTENT OF THE LAW, WE DO NOT REPRESENT THAT ANY INFORMATION EXCHANGED BETWEEN A PARTY IN THE PROVISION OF SERVICES IS SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH.
WE ARE MERELY AN INTERMEDIARY BETWEEN YOU AND INSURANCE PROVIDERS AND OTHER THIRD PARTY SERVICES. AS SUCH, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES FURNISHED BY INSURANCE PROVIDERS AND THIRD PARTY SERVICES.
In the event you are a California resident, you 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.”
We may, at our sole discretion and expense, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Under no circumstances will Pet Insurance, our representatives, affiliates, suppliers, or other third parties with whom we do business (our “Business Partners”) be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of the Services. This includes, but is not limited to, any loss of profit, earnings, anticipated earnings, interruption or loss of business, or any consequential losses, problems, or fault howsoever arising out of the use of the Services.
Under no circumstances will Pet Insurance, our representatives, affiliates, suppliers or Business Partners be liable to you or any person with respect to damages incurred by reason of any services or goods received through, advertised on, or provided by the Services. Under no circumstances will Pet Insurance, our representatives, affiliates, suppliers or Business Partners be liable for the acts, omissions or conduct of any third party users of the Services and you must ensure that you inform such third parties, who may benefit from any part Services, of this fact.
Without limiting the foregoing in this section entitled “Liability” the limit on Pet Insurance’s (including our representatives, affiliates, suppliers or Business Partners) total cumulative liability to you or any person for any claims arising from or relating to the Services will be limited to a maximum of ten (10) Canadian dollars.
You agree and acknowledge that regardless of any statute or law to the contrary any claim or cause of action arising from or relating to the Services must be filed within one (1) year after such a claim or cause of action arises or be permanently barred.
The foregoing shall not apply to the extent prohibited by the applicable law.
We use email and other electronic means to stay in touch with you. You agree that when you provide us your e-mail address or personally identifying information (e.g. name, address) during or prior to access of the Services, you: (1) consent to receive communications from us, our
Affiliates, and applicable Users in electronic formats, including via the email address you have submitted, SMS messages to your telephone, or other agreed upon contact methods; (2) can opt-out from receiving communication from any such party at any time by completing the formalities on our Website, but we do not take on any liability for any communication of another party to you, particularly if you have provided your contact information to them independently rather than using the communication functions of the Website; and (3) agree that our Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.
Our Terms and any access to or use of the Services shall be governed by, and construed in accordance with the internal laws of the Province of Ontario [and the federal laws of Canada, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the province of Ontario.
Users hereby waive any right they may have to commence or participate in any class action lawsuit against Pet Insurance related to any claim, dispute or controversy and, where applicable, you and any Authorized Users hereby agree to opt out of any class proceeding against us otherwise commenced.
If any portion or provision of our Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by law.
Except as otherwise stated in our Terms or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing by certified postal mail to
Pet Insurance, Inc.
367 Woodlawn Rd W.
Guelph, Ontario Canada N1H 7K9
or by email to: [email protected]
Any notice to you shall be given to the most current email address in your Account.
Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; the words “including”, “includes” and “include” mean “including without limitation; and “shall” means “will” and “must”, all three of which can be changed interchangeably and shall not mean “may”.
Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in the Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.
11 (Release and Indemnification), 12 (Liability), 13(e), 14 (Permission for Communication), and Sections16 -25.