Terms and conditions
Effective Date: March 30, 2020
- Access to Our Services
We may provide Site users with the opportunity to submit requests for information on a wide variety of products and services (“Services”) offered by certain service providers (each such service provider, a “Service Provider”; each such request, a “Request”). We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request will meet all of your requirements. We may reject any Request or elect not to forward a Request to participating Service Providers, for any reason or no reason. In submitting a Request to us, you agree to allow us to refer all of the information that you provide in connection with your Request to third parties, including any Service Providers. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted directly by the Service Provider(s) regarding the offerings and related pricing. We request that the Service Providers make contact with you via the preferred medium that you have listed (e.g., phone or email); however, this does not preclude such Service Providers from contacting you by any other means that they deem appropriate. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your request to the Service Providers in the Service Provider network, we have no further involvement in any transactions that occur between you and the Service Provider(s). We are not responsible or liable for ANY Service Provider’s acts or omissions (including, WITHOUT LIMITATION, WITH RESPECT TO any quotes OR SERVICES THAT ANY SUCH SERVICE PROVIDER may provide), for SUCH SERVICE PROVIDER’S contacting or failure to contact you, FOR SUCH SERVICE PROVIDER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.
By using the Site, you represent to Flow Finance that (1) you are at least the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use the Site for any purpose or in any manner that violates any law or regulation or that infringes the rights of Flow Finance or any third party; (4) any information or data provided to Flow Finance by you will not violate any law or regulation or infringe the rights of Flow Finance or any third party; (5) all information that you provide to us in connection with the Site (e.g., name, e-mail address, or other information) is true and accurate; and (6) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
- General Restrictions
- Flow Finance is Not an Insurance Provider
This Site provides information based on information provided to us by insurance providers. While Flow Finance believes such information and advice to be reliable, we make no claims or representations about the accuracy, reliability, timeliness, usefulness or completeness of such information or advice. Flow Finance is not an insurance provider or an insurance agent. Accordingly, Flow Finance recommends that you get different opinions and seek the advice of an insurance agent who is fully aware of your individual circumstances before making any final decisions or implementing any insurance policy. You should not rely on any information or advice you obtain on this Site. Any reliance by you on any information or advice will be at your own risk.
- This is Not an Application
Nothing on this Site constitutes an offer, promise or otherwise, either to provide a specific insurance policy or that any participating provider will offer you an insurance policy for any purpose or on any specific terms. If you contact an insurance company listed on the Site and you submit an insurance quote to such provider, your information remains between you and that insurance provider. We shall not be responsible or liable for any products, services, information or other materials displayed, purchased, or obtained as a result of any information or offer in or results of any kind obtained in connection with this Site.
- Children Under 18
Minors (i.e., those under 18 in most states) are not eligible to use our Website or our Services.
- 6. Privacy
External links to other internet sites or resources may be provided by Flow Finance or third parties. Flow Finance has no control over such sites, resources or entities, and you acknowledge and agree that Flow Finance is not responsible for the availability or content, advertising, products or any other material found on such external sites or resources. We do not endorse and are not responsible or liable for any content found on these websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third parties.
- Disclaimer of Warranties
FLOW FINANCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND in connection with the site, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, FLOW FINANCE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY FLOW FINANCE OR BY ANY THIRD PARTY. THE MAXIMUM LIABILITY OF FLOW FINANCE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
Flow Finance does not guarantee and makes no representations as to the accuracy, quality, currentness, validity or authenticity of any rates or terms posted by insurance providers. All information is subject to change without notice.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.
- 11. Indemnification
- 12.ARBITRATION AND CLASS ACTION WAIVER
Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the city of HOUSTON, TX but may proceed telephonically (if the claimant so chooses). IF YOU INITIATE AN ARBITRATION, FLOW FINANCE WILL PROMPTLY REIMBURSE YOU FOR ANY STANDARD FILING FEE WHICH MAY HAVE BEEN REQUIRED UNDER PROCEDURES ONCE YOU HAVE NOTIFIED FLOW FINANCE IN WRITING AND PROVIDED A COPY OF THE ARBITRATION PROCEEDINGS.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and may be conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in TEXAS.
- Governing Law
- Injunctive Relief
- Miscellaneous Terms
- Intellectual Property
Flow Finance, and the Website’s entire contents, features and functionality, including, but not limited to all information, text, displays, photographs, graphics, video and audio, and the design, selection and arrangement thereof (“Content”) are owned by, licensed by, or provided to Flow Finance. The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in the Flow Finance Content and the Service. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion to consumers or other users or recipients or the trademark.
- Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying Flow Finance’s Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
(5) Your contact information, including your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: