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Terms of Service

Effective date: May 22, 2023
Last updated: January 17, 2024

Introduction

Welcome to E-Insurance! Thank you for your interest in E-Insurance and our websites located at  e-insuranceonline.com and other platforms where this document is posted as the applicable terms of use. These terms, along with our related websites, networks, applications, insurance agent and representative services, communication channels (such as online chat and telephone call centers), and other services provided by us collectively form our “Service.” These Terms of Use establish a legally binding agreement between you and  E-Insurance and Birghtup services llc(“ E-Insurance,”, “we,” or “us”), including its affiliates, with a primary address at 261 N University Drive, Suite 710, Plantation, FL 33324, governing your use of the service.

Please read the following terms carefully. By visiting the website, clicking “Create Account” or any other button on the site to submit your information, or using the service in any other way, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, including the  E-Insurance Privacy Policy (together, the “Terms”). If you are ineligible to use our service, do not agree to these Terms, or do not wish to be bound by the Terms, you do not have permission to use the Service.

These terms include a provision requiring that all disputes between you and  E-Insurance be resolved through binding arbitration. By agreeing to these Terms, you waive your right to bring any claims related to this contract before a judge or jury, except for matters that qualify for small claims court. Your rights will be determined by an impartial arbitrator rather than a judge or jury, and you are prohibited from participating in a class action lawsuit. For more information on the arbitration process, please review Section 21 (“Dispute Resolution and Arbitration”).

You also consent to  E-Insurance (1) contacting you via calls, emails, and text messages regarding  E-Insurance’s services, and (2) monitoring and recording telephone calls made or received by E-Insurance for business purposes, including quality assurance. For further details, please refer to Section 4 below, titled “Electronic Communications; Text Messaging; Telephone Calls.”

By using our services, you agree to the following terms and conditions:

  1. Service Overview

 E-Insurance offers a service that enables consumers and businesses to explore and compare different insurance and related products.  E-Insurance is not an insurance company itself but acts as a platform that connects users with third-party insurance and related product providers. Please do not cancel any current insurance until you receive written confirmation from the insurance company you are applying to, verifying that your new policy is in effect.

  1. Eligibility

To utilize the service provided by  E-Insurance, you must meet the minimum age requirement of 18 years. By accepting these Terms, you assure and guarantee us that: (a) you are at least 18 years old; (b) you have not previously faced suspension or removal from the Service; and (c) your registration and usage of the Service comply with all relevant laws and regulations. If you are utilizing the Service on behalf of an entity, organization, or company, you assert and warrant that you possess the authority to legally bind that entity to these Terms. Furthermore, you agree to be personally bound by these Terms as an individual and to bind the aforementioned organization to these Terms.

  1. Accounts and registration

You have the option to browse through products without the need for registration. However, if you wish to make a purchase, it is necessary to create an account with  E-Insurance. During the registration process, you may be asked to provide certain personal information, such as your email address or other contact details. By agreeing to these Terms, you confirm that the information you provide is accurate, and you commit to keeping it accurate and updated. During registration, you will also be required to set a password. It is your sole responsibility to maintain the confidentiality of your account and password. You accept full responsibility for any activities conducted under your account. If you suspect that the security of your account has been compromised, it is imperative that you promptly notify us by contacting us at 800-804-4597 or info@e-insuranceonline.com.

  1. Electronic Communications

We may communicate with you electronically, including by text messaging, telephone calls, and email. By providing  E-Insurance with a telephone number and/or other contact information during the registration process or when using the “Request a Call” service, you consent to receiving communications, including emails and phone calls (including text messages and calls made using automated dialing systems or pre-recorded messages), from or on behalf of  E-Insurance (or its affiliates, subsidiaries, employees, contractors, agents, business partners, or other third parties authorized to receive your information under the  E-Insurance Privacy Policy) at the email address or phone number you provided, even if your number is listed on a National or State Do Not Call List. These calls may be for informational and marketing purposes, such as providing you with details about  E-Insurance’s services and your insurance options, assisting with applications, and sending reminders about deadlines. Your consent to these calls is not a mandatory requirement for making any purchase through E-Insurance and you can withdraw your consent for marketing messages, phone calls, or text messages as explained below. Standard charges for text messaging and telephone minutes applied by your mobile phone carrier will be applicable.  E-Insurance may, at its discretion and without prior notice, monitor and/or record telephone conversations for business purposes, including quality assurance, training, and safeguarding our rights and the rights of others.

  1. a. Assistance. For assistance contact an E-Insurance customer representative at 800-804-4597.
  2. Opt-out.If you wish to opt out of marketing emails, you can unsubscribe by following the unsubscribe options in the email itself. If you wish to opt out of texts, you may reply “STOP” from the mobile device receiving the messages. If you wish to opt out of marketing calls or calls to a wireless number, then you may make a do not call request either during a call you receive from us or by calling back the phone number provided during the call. To opt out of such texts or phone calls, you may also email us at info@e-insuranceonline.comwith a request to stop receiving such texts or calls at a specified phone number.

You acknowledge and agree that you may: (i) continue to receive communications while E-Insurance processes your opt-out request, (ii) receive a communication confirming the receipt of your opt-out request, and (iii) even after opting out of receiving marketing messages, continue to receive specific non-marketing communications by email or to a phone number, such as account confirmations or updates, insurance application or policy-related information, or transactional notifications through the Service. You can also manage your communication preferences as outlined in Section 4(c) below.

Please note that if you choose to opt back in to marketing communications at a later time, your opt-in will supersede any previous opt-out, and you may receive additional marketing communications from us.

  1. Updating Information.To correct or update your contact information, you can reach out to us at info@e-insuranceonline.comor call us at 800-804-4597. Furthermore, once you have established an account with us on our website at e-insuranceonline.com or any other platforms within the service that facilitate account creation, you can modify your name, email address, phone number (if included in your account), and password. Simply click on the “My Account,” “Log In,” or a similar link on the website and sign in using your email address and password.
  2. Payment

If you provide payment details for the purpose of purchasing or applying for a product, you are responsible for paying the relevant company that offers that particular product.

  1. User Content
  2. User Content and Limited License Grant to E-Insurance and to Other Users.Certain features of the Service may allow users to upload content to the Service (“User Content”) and publish User Content on the Service. You retain the copyright and any other proprietary rights you hold in the User Content that you post on the Service. By posting or publishing User Content, you grant  E-Insurance a worldwide, non-exclusive, royalty-free, fully paid license (including the right to sublicense) to host, store, transfer, display, perform, reproduce, modify (for formatting purposes), and distribute your User Content, in whole or in part, through any media formats and channels, whether now known or developed in the future.
  3. User Content Representations and Warranties.You are solely responsible for your User Content and the consequences of posting or publishing it. By posting or publishing User Content, you represent and warrant that: (a) you are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize E-Insurance and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in accordance with the intentions of  E-Insurance, the Service, and these Terms; and (b) your User Content, and its use as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights; (ii) defame, slander, libel, or violate the privacy, publicity rights, or other property rights of any other person; or (iii) cause  E-Insurance to violate any law or regulation.
  4. User Content Disclaimer.We have no obligation to edit or control User Content that you or other users post or publish and will not be held responsible or liable for User Content. However, E-Insurance reserves the right, without prior notice, to screen, remove, edit, or block any User Content that, in our sole judgment, violates these Terms or is otherwise objectionable. You understand that while using the Service, you may encounter User Content from various sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. By using the Service, you agree to waive any legal or equitable rights or remedies you may have against E-Insurance in relation to User Content. We explicitly disclaim any and all liability associated with User Content. If notified by a user or content owner that User Content allegedly violates these Terms, we may investigate the claim and decide, at our sole discretion and without notice, whether to remove the User Content. It is important to note that E-Insurance strictly prohibits any activities infringing upon copyrights on the Service.
  5. Digital Millennium Copyright Act
  6. DMCA Notification.E-Insurance adheres to the requirements of the Digital Millennium Copyright Act that apply to internet service providers (17 U.S.C. §512, as amended). If you have a complaint related to intellectual property rights regarding material posted on the Service, you can reach out to our Designated Agent at the following address:

E-Insurance Online Health Group

info@e-insuranceonline.com

Any notice asserting that materials hosted or distributed through the Service infringe upon intellectual property rights must contain the following details:

  1. An electronic or physical signature of the authorized person acting on behalf of the copyright owner or other infringed right.
  2. A description of the copyrighted work or intellectual property right that you believe has been infringed.
  3. Information about the material you claim is infringing and its location on the Service.
  4. Your contact details, including address, telephone number, and email address.
  5. A statement from you stating that you genuinely believe that the use of the mentioned materials on the Service is not authorized by the copyright owner, its agent, or the law.
  6. A statement from you, made under penalty of perjury, affirming the accuracy of the provided information in your notice and asserting that you are either the copyright or intellectual property owner or authorized to act on behalf of the owner.
  7. Repeat Infringers.E-Insurance will promptly terminate the accounts of users determined to be “Repeat Infringers” without prior notice. A Repeat Infringer is a user who has received notifications of infringing activity or has had their User Content removed from the Service on at least two occasions.
  8. Prohibited Conduct

By using the Service, you agree not to:

  1. Use the service for any illegal purpose or in violation of any local, state, national, or international law.
  2. Violate or encourage others to violate the rights of third parties, including infringing or misappropriating any third-party intellectual property rights.
  3. Post, upload, or distribute any content (including chat conversations with customer service) that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person would find objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
  4. Interfere with the security-related features of the Service, such as disabling or circumventing features that prevent or limit the use or copying of any content, or attempting to reverse engineer the source code of any part of the Service, except as expressly permitted by applicable law.
  5. Disrupt the operation of the Service or another user’s enjoyment of the Service, including uploading or disseminating any virus, adware, spyware, worm, or other malicious code; making unsolicited offers or advertisements to other users; attempting to collect personal information without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulations, policies, or procedures of such networks, equipment, or servers.
  6. Engage in any fraudulent activity, including impersonating any person or entity, claiming false affiliations, unauthorized access to other Service accounts, or falsifying age or date of birth.
  7. Sell or transfer the granted access under these Terms, any Materials, or any right or ability to view, access, or use any Material.
  8. Use data mining, robots, or other data gathering devices on or through the Service.
  9. Attempt to engage in any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
  10. Third-Party Services and Linked Websites

E-Insurance may provide tools through the Service that allow you to export information to third-party services. By using these tools, you agree that we may transfer the information to the relevant third-party service. Third-party services are not under our control, and we are not responsible for how they use the information you export. The Service may also include links to third-party websites. These linked websites are not under our control, and you acknowledge that we are not responsible or liable for their content or actions. They are provided for your convenience and accessed at your own risk. We strive to maintain the integrity of our website and appreciate any feedback regarding external links, including reports of broken links. Prior to using any third-party website, please review their terms of use and privacy policies for further details.

  1. Termination of Use; Discontinuation and Modification of the Service

You have the option to terminate your account by reaching out to customer service, including through the email address info@e-insuranceonline.com. If you breach any provision of these Terms, your permission to use the Service will be automatically revoked. Furthermore, E-Insurance reserves the right, at its sole discretion, to terminate your user account on the Service, or suspend or terminate your access to the Service, at any time and for any reason or no reason, with or without notice. We also retain the right to modify or discontinue the Service at any time, temporarily or permanently, without notifying you (including by limiting or discontinuing specific features of the Service). You acknowledge that we shall not be liable for any changes to the Service or for any suspension or termination of your access to or use of the Service.

  1. Privacy Policy; Additional Terms
  2. Privacy Policy. Please carefully review the E-Insurance Privacy Policy for details regarding the collection, usage, storage, and disclosure of your personal information. The E-Insurance Privacy Policy is included by reference and is an integral part of these Terms.
  3. Additional Terms. Your utilization of the Service is subject to any extra terms, policies, rules, or guidelines applicable to the Service or specific features of the Service that may be posted on the Service or linked to from it (referred to as the “Additional Terms”). This includes end-user license agreements for any downloadable software applications or regulations that pertain to a specific feature or content on the Service, in accordance with Section 
  4. Modification of these Terms

E-Insurance reserves the discretion to modify these Terms at any time for future use. It is advised to periodically review these Terms for any changes. If a modification to these Terms significantly alters your rights or responsibilities, you may be required to express your agreement to the updated Terms. However, please note that by using the Service after the Terms have been modified, you automatically accept the revised Terms. Any disputes arising from these Terms will be resolved based on the version that was effective at the time the dispute originated.

  1. Ownership; Proprietary Rights

The service is owned and operated by E-Insurance. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the service (“Materials”) provided by E-Insurance are protected by intellectual property rights and other laws. All materials included in the service are the property of E-Insurance or their third-party licensors. Except as expressly authorized by E-Insurance, you may not make use of the materials. E-Insurance reserves all rights to the materials not granted expressly in these terms.

  1. Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the service (“Feedback”), then you hereby grant E-Insurance an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the feedback in any manner and for any purpose, including to improve the service and create other products and services.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the service, and you will defend and indemnify E-Insurance and its officers, directors, employees, consultants, affiliates, subsidiaries, agents, business partners, and other third parties permitted to receive your information under E-Insurance Privacy Policy (together, the “E-Insurance”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the service; (b) your violation of any portion of these terms, any representation, warranty, or agreement referenced in these terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

  1. Disclaimers; No Warranties

The service and all materials and content available through the service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. To the fullest extent permitted by law, the E-Insurance entities disclaim all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including without limitation: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. To the fullest extent permitted by law, the E-Insurance entities do not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected. E-Insurance will not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the service, the services, or any content.

No advice or information, whether oral or written, obtained by you from the service or any materials or content available through the service will create any warranty regarding any of the E-Insurance service entities or the service that is not expressly stated in these terms. To the fullest extent permitted by law, you assume all risk for any damage that may result from your use of or access to the service, your dealing with any other service user, and any materials or content available through the service. You understand and agree that you use the service, and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services, at your own discretion and risk, and, to the fullest extent permitted by law, that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content.

The insurance products quoted or sold through the site are third-party products and are not our products. We make no representations or warranties with respect to such products, and we accept no liability in connection with such products. All such products are provided to you pursuant to the terms and conditions of the insurance carrier providing such products.

  1. Limitation of Liability

To the fullest extent permitted by law, in no event will the E-Insurance service entities be liable for any direct, indirect, incidental, special, exemplary, consequential, or punitive damages (including damages for loss of profits, revenues, savings, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any E-Insurance service entity has been informed of the possibility of such damage. To the fullest extent permitted by law, and except as provided in section 21.4(iii), the aggregate potential liability of the E-Insurance service entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to $100. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 17 will apply even if any limited remedy fails of its essential purpose.

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental, or other damages, in such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

  1. No Advice

The materials are for informational purposes only. No material is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the service. If you think you may have a medical emergency, call your doctor or 911 immediately. E-Insurance does not recommend or endorse any specific tests, physicians, products, procedures, opinions, insurance coverage, or other information that may be mentioned on the service. Reliance on any information provided by E-Insurance, E-Insurance employees, or other visitors to the service is solely at your own risk.

  1. Governing Law

These terms are governed by the laws of the state of Florida without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these terms, then you and E-Insurance agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Broward County, Florida for the purpose of litigating any dispute. We operate the service from our offices in Florida, and we make no representation that materials included in the service are appropriate or available for use in other locations.

  1. General

These terms, together with the privacy policy and any other agreements expressly incorporated by reference into these terms, are the entire and exclusive understanding and agreement between you and  E-Insurance regarding your use of the service. Except as expressly permitted above, these terms may be amended only by a written agreement signed by authorized representatives of all parties to these terms. You may not assign or transfer these terms or your rights under these terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these terms, or any provision of

these terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the fullest extent permitted by law, and the remaining parts will remain in full force and effect. Upon termination of these terms, sections 2, 4, and 6 through 22, along with the privacy policy and any other accompanying agreements, will survive.

  1. Dispute Resolution and Arbitration
  2. Generally, in the interest of resolving disputes between you and E-Insurance in the most expedient and cost-effective manner, you and E-Insurance agree that any dispute arising out of or in any way related to these terms or your use of the service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, may have limited discovery compared to court proceedings, and is subject to limited review by courts. Arbitrators can award the same damages and relief as a court. This agreement to arbitrate disputes covers all claims arising out of or in any way related to these terms or your use of the service, regardless of whether a claim arises during or after the termination of these terms, and whether the claim is based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. By entering into these terms, you and E-Insurance each waive the right to a trial by jury and to participate in a class action.
  3. Exceptions: Despite the provisions stated in Section 21.1 above, nothing in these terms will be considered as waiving, precluding, or limiting the right of either party to: (a) bring an individual action in small claims court, (b) pursue an enforcement action through the applicable federal, state, or local agency if available, (c) seek injunctive relief in a court of law, or (d) file a lawsuit in a court of law to address an intellectual property infringement claim, including any claim based on the unauthorized use of the service.
  4. Arbitrator: Any arbitration between you and E-Insurance will be governed by the Federal Arbitration Act, the Commercial Dispute Resolution Procedures, and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms. The arbitration will be administered by the AAA, and the arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  5. Notice and Process: If you intend to seek arbitration, you must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). E-Insurance’s address for Notice is: 400 Fairway Drive, Deerfield Beach, FL 33441, or info@e-insuranceonline.com. The Notice must describe the nature and basis of the claim or dispute and specify the relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if an agreement is not reached within 30 days after receiving the Notice, either you or E-Insurance may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is resolved in your favor through arbitration, E-Insurance will pay you the highest amount among the following: (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by E-Insurance before the arbitrator’s award, or (iii) $1,000.
  6. Fees: If you initiate arbitration in accordance with these terms, E-Insurance will reimburse you for the filing fee, unless your claim exceeds $15,000 or as determined by the AAA Rules. The location of the arbitration hearing will be agreed upon, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted solely based on submitted documents, through a non-appearance based telephone hearing, or by an in-person hearing in Broward County, Florida. If the arbitrator determines that your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, all fees will be governed by the AAA Rules, and you agree to reimburse E-Insurance for any previously disbursed fees. Regardless of the arbitration procedure, the arbitrator must issue a reasoned written decision explaining the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may also make rulings and resolve disputes regarding the payment and reimbursement of fees or expenses during the proceeding, upon request from either party within 14 days of the arbitrator’s ruling on the merits.
  7. No Class Actions: You and E-Insurance agree that claims will be brought against each other only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate claims of more than one person or preside over any form of representative or class proceeding.
  8. Enforceability: If Section 21.6 is found to be unenforceable or if this entire Section 21 is deemed unenforceable, the parties agree that the exclusive jurisdiction and venue described in Section 19 will govern any action arising from or related to these terms or your use of the service.
  9. Consent to Communications

By using the Service, and subject to Section 4, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contact Information

The Service is offered by E-Insurance, located in Florida. You may contact us by sending correspondence to that address or by emailing us at info@e-insuranceonline.com or contact@brightupervices.com .