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RINO Insurance's Terms of Use

Welcome

RINO Insurance Group ("RINO Insurance Group," “RINO Insurance,” “RINO,” "we," "our," or "us") welcomes you to our Platform. RINO Insurance Group exists to help its clients find the best insurance coverage for their insurance needs. We are a company based in Lakewood, Colorado.

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Acceptance of These Terms

This Terms of Use Agreement ("Terms") govern your access to, use of, and participation in the Platform made available by RINO Insurance Group. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

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All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.

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Modifications

RINO Insurance Group reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Your use of the Platform after any modifications shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

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Additional Terms and Policies

You represent that you have read and understood RINO Insurance Group’s Privacy Policy, incorporated herein by reference, for information and notices concerning RINO Insurance Groups collection and use of your information. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

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Translation

RINO Insurance Group may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with RINO Insurance Group. Any inconsistencies among the different versions will be resolved in favor of the English version.

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Key Terms

"Platform" means all RINO Insurance Group websites, mobile or other applications, software, processes and any other services provided by or through RINO Insurance Group.

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"Content" means text, graphics, images, music, software, audio, video, information or other materials, and other information or materials available on or through the Platform.

 

"RINO Insurance Group Content" means all Content RINO Insurance Group makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.

 

"User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not personal information regarding your insurance coverage needs or policies.

 

"Collective Content" means User Content and RINO Insurance Group Content together.

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Eligibility

Access to and use of the Platform is available only to individuals who are at least 18 years old. By accessing or using the Platform, you represent and warrant that you are eligible. If you are under the age of 18, you may not use our Platform. 

 

If you use RINO Insurance Group on behalf of a company, business, organization, or other entity, then (a) "you" includes you and that entity; and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Terms, and that you agree to the Terms on the entity's behalf. 

 

You may not access or use the Platform if you are a competitor of ours, or use the Platform for reasons that are in competition with RINO Insurance Group or otherwise to replicate some or all of the Platform for any reason. Additionally, you may not access the Platform if we have previously banned you from the Platform.

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Your Representation and Warranties

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You represent and warrant that:

  • You do not lack legal capacity to enter into a valid, binding and enforceable contract like an insurance policy

  • Your purchase of an insurance aided by RINO Insurance Group is voluntary; and

  • You have an insurable interest in the property or life insured under an insurance policy you purchased aided by RINO Insurance Group, in that you have a financial or legally sufficient emotional interest that will be adversely affected by the happening of a fortuitous event with respect to which coverage is afforded under the terms and conditions of that insurance policy.

 

In the case of a life insurance policy, these statements are deemed representations and not warranties, to the extent required under applicable law.

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Account Registration and Other Submissions

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you may need to create a password-protected account ("Account"). You may register for an Account using your existing Facebook or Google account and log-in credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your RINO Insurance Group password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify RINO Insurance Group immediately of any unauthorized use. RINO Insurance Group is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of RINO Insurance Group or others due to such unauthorized use.

 

By creating an account or signing up for email communication, you agree to receive certain communications in connection with the Platform. You may unsubscribe at any time.

 

By using the Platform outside of the United States, you consent to having your personal data transferred to and processed in the United States.

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Your License to Use the Platform

Subject to your compliance with these Terms, RINO Insurance Group grants you a limited, non-exclusive, revocable, nontransferable, and non-sub licensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RINO Insurance Group or its licensors, except for the licenses and rights expressly granted in these Terms.

 

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User Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to RINO Insurance Group a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to RINO Insurance Group shall survive termination of the Platform or your Account. RINO Insurance Group does not claim ownership rights to your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content.

 

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to RINO Insurance Group the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or RINO Insurance Group's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that RINO Insurance Group may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms.

 

RINO Insurance Group reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.

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Information you Submit

 

All information you submit to us for the purpose of obtaining insurance or changing coverage, and for the purpose of claiming insurance benefits is subject to review and verification. RINO Insurance Group reserves the right to request additional information prior to binding insurance. Quotes generated by the RINO Insurance Group digital platform are based on information you provided and are not a contract, binder or agreement to extend insurance. Any coverage descriptions available on our website are general descriptions of available coverages and are not a statement of contract. A RINO Insurance Group representative may be communicating with you regarding your policy or claim. It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please email christiana.hill@allstate.com.

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Prohibitions

As a user of the Platform, you may not:

  • Use another person's Account, misrepresent yourself through the Platform, misrepresent your identity or personal information;

  • Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without RINO Insurance Group's prior written approval;

  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Platform or RINO Insurance Group Content (other than Your Content), except as expressly authorized by RINO Insurance Group;

  • Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm RINO Insurance Group or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates RINO Insurance Group Fees (defined herein) structure, billing, or Fees owed;

  • Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;

  • Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory; advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;

  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on RINO Insurance Group’s technology infrastructure or otherwise make excessive traffic demands of the Platform;

  • Attempt to gain unauthorized access to the Platform, user accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means;

  • Submit User Content that damages the experience of any user;

  • Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods not specifically approved by RINO Insurance Group;

  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform;

  • Imply that your Content is in any way sponsored or endorsed by RINO Insurance Group;

  • Promote any effort to compete with RINO Insurance Group, including any activity that causes a reduction or loss of business for RINO Insurance Group;

  • Violate our Terms or any applicable law; and

  • Attempt to indirectly undertake any of the foregoing.

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RINO Insurance Group Fees and Taxes

In connection with use of RINO Insurance Group's Platform, RINO Insurance Group charges certain Fees ("RINO Insurance Group" or "Fees"). Fees for products or services will be shown in policies or terms provided to you before you use such products or services. RINO Insurance Group may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. 

 

You are responsible for all charges incurred under your account, whether made by you or another person using your account. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card or other payment method designated at the time you make a purchase. If you do not pay on time or if RINO Insurance Group cannot charge a credit card or other payment method for any reason, RINO Insurance Group reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by RINO Insurance Group or by anyone on its behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that RINO Insurance Group may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice. All sales on RINO Insurance Group are final and non-refundable. 

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Advertising

RINO Insurance Group and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

 

 

Intellectual Property Rights

RINO Insurance Group Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, RINO Insurance Group and its licensors exclusively own all right, title, and interest in and to the Platform and RINO Insurance Group Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of RINO Insurance Group used herein are trademarks or registered trademarks of RINO Insurance Group. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the RINO Insurance Group Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Platform and the RINO Insurance Group Content are retained by us.

 

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Feedback

You acknowledge and agree that all feedback, comments, questions and suggestions ("Feedback") you provide to RINO Insurance Group are the sole and exclusive property of RINO Insurance Group. You hereby irrevocably assign to RINO Insurance Group and agree to irrevocably assign to RINO Insurance Group all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. RINO Insurance Group shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to RINO Insurance Group, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.

 

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No Endorsement

RINO Insurance Group does not endorse any insurance carrier. RINO Insurance Group is a broker and not a party to any agreements between users, insurance carriers, or third parties. RINO Insurance Group expressly disclaims any responsibility for any interactions between users and insurance carriers. You agree that you must evaluate and bear all risks associated with the use of RINO Insurance Group.

 

Any such information on the Platform is intended to be useful information for you to evaluate when you make your own decisions. You should always exercise responsibility, due diligence and care when deciding your insurance carrier and coverage. RINO Insurance Group is not responsible for any damage or harm resulting from your interactions with insurance carriers.

 

The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by RINO Insurance Group. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

 

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from RINO Insurance Group with respect to such actions or omissions.

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Security

RINO Insurance Group cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

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Third Party Web Sites and Content

You acknowledge and agree that RINO Insurance Group may use third party vendors and/or partners to provide services (or any portion of services) to you and share personal information with such third parties as necessary in order to provide the services to you and your employees.

 

The Platform may contain links to other Internet Websites for the convenience of users in locating information, products, or services that may be of interest. The Platform may also incorporate features and services provided by third parties, such as payment processing. Use of such third party links, features, and services, and any other material or content made available through the Platform is entirely at your own risk. RINO Insurance Group does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites, including the terms and conditions of RINO Insurance Group’s third party payment processors. RINO Insurance Group does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Platform. 

 

You expressly relieve RINO Insurance Group from any and all liability arising from your use of any Third Party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that RINO Insurance Group shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

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Sanctions for Violations of These Terms

Without limiting any other rights reserved herein, RINO Insurance Group may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and RINO Insurance Group, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, terminating your Account, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution. For the avoidance of doubt, RINO Insurance Group reserves the right to remove any User Content for any reason. 

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Account Suspension or Termination

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your RINO Insurance Group Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from RINO Insurance Group support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any compensation for any services canceled or delayed or as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform.

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Alternative Dispute Resolution

  • Initial Dispute Resolution: Most disputes can be resolved without resorting to litigation. You can reach RINO Insurance Group’s support department at christiana.hill@allstate.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement (a “Claim”) directly through consultation with the RINO Insurance Group support department, and good faith negotiations shall be a condition to either party initiating an arbitration.

  • Binding Arbitration:  If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve Claims. A Claim will be settled by individual (not class or class-wide) binding arbitration administered by the American Arbitration Association (AAA) in accordance with the then current Commercial Financial Disputes Arbitration Rules, including any expedited procedures. A demand that a Claim be submitted to arbitration may be made before the initiation of any legal proceeding or within ninety (90) days following the service of a complaint, third-party complaint, cross-claim or counterclaim and if a party in a pending legal proceeding demands a Claim to be submitted to arbitration, the party initiating the action will immediately dismiss the legal proceeding and file the claim in arbitration. Arbitration hearings will be held in Jefferson County, Colorado. A single arbitrator will be appointed by the AAA and shall be a practicing attorney or retired judge having experience with and knowledge of online commerce law. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award. The parties agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement.

 

 

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your RINO Insurance Group account, in any way (by operation of law or otherwise) without RINO Insurance Group’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

RINO Insurance Group reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.

 

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Disclaimers

YOUR USE OF THE PLATFORM OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT RINO INSURANCE GROUP DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RINO INSURANCE GROUP AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. RINO INSURANCE GROUP MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RINO INSURANCE GROUP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. RINO INSURANCE GROUP SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RINO INSURANCE GROUP OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH INSURANCE CARRIERS INTRODUCED THROUGH THE PLATFORM. YOU UNDERSTAND THAT RINO INSURANCE GROUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR INSURANCE CARRIERS OF THE PLATFORM. RINO INSURANCE GROUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. RINO INSURANCE GROUP MAKES NO CLAIMS OR PROMISES REGARDING THE TRUTHFULNESS AND ACCURACY OF ANY DOCUMENTS OR ANY OTHER FORM OF COMMUNICATION POSTED BY THE USERS OR THIRD PARTIES ON THE PLATFORM. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS AND THIRD PARTIES ON THE PLATFORM WILL BE AT YOUR OWN RISK. RINO INSURANCE GROUP MAKES NO CLAIMS OR PROMISES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINES OF THE SERVICES IN MEETING YOUR INSURANCE OBJECTIVES. RINO INSURANCE GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS OR INSURANCE DECISIONS MADE BY USERS AND THIRD PARTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. RINO INSURANCE GROUP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

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Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RINO INSURANCE GROUP OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER RINO INSURANCE GROUP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RINO INSURANCE GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM  OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; (G) RINO INSURANCE GROUPS ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INFORMATION PROVIDED BY YOU AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; ; (H) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (I) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; (J) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; OR (K) ANY OTHER MATTER RELATING TO THE PLATFORM OR SERVICE.

 

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF RINO INSURANCE GROUP AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO RINO INSURANCE GROUP IN THE LAST SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THESE TERMS, OR IF YOU FEEL RINO INSURANCE GROUP HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

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Indemnification and Release

You agree to release, defend, indemnify, and hold RINO Insurance Group and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any insurance carrier; and (d) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with your access to or use of the Platform.

 

If you are a California resident, you waive California Civil Code Section 1542, which provides: 

 

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

 

If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence.

 

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Copyright Complaints

RINO Insurance Group does not permit copyright infringing activities and infringement of any other intellectual property rights on the Platform, and will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. RINO Insurance Group reserves the right to remove Content without prior notice.

 

If you are a copyright owner or an agent thereof and believe in good faith that any materials on the Platform infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to RINO Insurance Group’s designated copyright agent at christiana.hill@allstate.com: (a) your name and electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed. If this notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed; (c) a description of the material that you claim is infringing (or to be the subject of infringing activity) and information reasonably sufficient to permit us to locate the material; (d) information sufficient to contact you, including your mailing address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner, or agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and (g) your full legal name and your electronic or physical signature.

 

If you believe that your content that has been removed from the Platform does not infringe or that you have the authorization from the copyright owner, you may send a counter-notice to RINO Insurance Group. To do so, send the following information to our copyright agent using the contact information set forth above: (a) a description of the material that has been removed and the location at which the content appeared before it was removed; (b) a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; (c) information sufficient to contact you, including your mailing address, telephone number, and email address; (d) a statement that you will consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which RINO Insurance Group may be found; (e) a statement that you will accept service of process from the person who provided the notification of the alleged infringement; and (f) your full legal name and your electronic or physical signature.

 

If a counter-notice is received by RINO Insurance Group’s copyright agent, RINO Insurance Group may send a copy of the counter-notice to the original complaining party informing such person that RINO Insurance Group may reinstate the removed content within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be reinstated on the Platform within 10 to 14 business days after receipt of the counter-notice.

 

General

  • Force Majeure: Other than payment obligations, neither RINO Insurance Group nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

  • No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

  • Contacting You and E-SIGN Consent: You agree that RINO Insurance Group may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, RINO Insurance Group may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from RINO Insurance Group, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to christiana.hill@allstate.com with "Revoke Electronic Consent" in the subject line.

  • Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by RINO Insurance Group on the Platform, shall constitute the entire agreement between you and RINO Insurance Group concerning the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

  • Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RINO Insurance Group's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

  • Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform offered therein must commence within one (1) year after the cause of action accrued. Otherwise, such cause of action is permanently barred.

  • Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

  • Contact Information: We welcome your questions or comments about our Terms or the Platform. Please contact us by sending an email to christiana.hill@allstate.com.

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Effective Date: August 1, 2023

Last Update: August 1, 2023

Copyright © 2023 RINO Insurance Group; All rights reserved.

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