Terms of Service
1. Introduction
This website is provided for educational purposes. It is meant for comparison purposes for consumers. To the extent that any brand or product is mentioned, it is merely for the purposes of identifying that product. Insurance Panda services are provided for the purposes of consumer education, and we do not intend to suggest any affiliation with the brands discussed.
Welcome to the Terms of Service for Insurance Panda. At the point you are offered the opportunity to accept or agree to these terms of service, your acceptance shall form a binding agreement (“Agreement”). By using, viewing, or visiting this website, or otherwise making use of this Service, you agree to abide by the terms contained herein, otherwise please discontinue further use.
Throughout this document, the words “Insurance Panda,” “us,” “we,” and “our,” refer to the owner of the website, our website, Insurance Panda, or our service, Insurance Panda, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
Modifications to our Terms of Service may be made from time to time, your continued use constitutes acceptance of such modifications.
You must be 18 years or older to use our website, or be of the age of majority in the jurisdiction in which you reside and be able to enter into a binding contract. If you are under the age of 18 please stop using our website immediately and do not submit any information to us.
2. Description of Service
Our website provides consumer information regarding auto insurance coverage. No fee is charged to users for use of our services, any income generated by this site is passive income based on our relationship with a third-party affiliate. The information provided is based on the opinion and analysis of our staff. Users are encouraged to use the tools and information provided in order to make more informed decisions and decide if the products discussed or compared are suitable for them. Information provided is not intended to replace individual advice by an expert. No financial advice is given. Although we endeavor to keep our materials updated, and of maximum benefit to our users, content at any given time may be updated. Accordingly, we do not warrant the information provided will suit your individual needs, nor do we warrant to opinions, or accuracy of the content provided, due to ever-changing laws, and regulations,
We work with third-party partners in order to bring our services to you. Based on the preferences you state, or services or products you express interest in, you may be directed to third-party service providers in order to receive insurance quotes from multiple providers to the extent you have requested them.
As such, links or framed content provided by third-party sites may be made available to you during your use of this service. Please note that such content and links are provided for the purposes of comparison for our users. Accordingly, be aware that your use of third-party websites and services requires your acceptance of their terms. Third-Party materials linked or displayed on our site do not constitute an endorsement by Insurance Panda of any third-party site or any materials contained therein. We do not control and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products, or services accessible from such third-party sites.
2.1 Limitation of Liability
To the extent you make use of third-party services, by merely navigating to their website or entering into agreements for services, this requires your acceptance of their terms. For clarity, Insurance Panda is not a party to any agreement you may enter into with a third party. Accordingly, we disclaim all liability and any responsibility in regards to your use of third-party websites or services or resulting agreements.
3. Information Supplied
Subject to our Privacy Policy, certain information may be requested when using our website. Your disclosure of any information must be made after reading and accepting our Privacy Policy. Any information gathered shall be used for the purposes it is requested, to the extent you decline to share information certain features and functionality may not be available to you.
4. Disclaimer
We do not personally provide any insurance products through our website. We make no claims to be the source of any products discussed herein, any material or content on this site is presented for the purposes of comparison and consumer education. Any further agreements you may enter into, from service providers or third parties linked through this site, Insurance Panda is not a party to such agreements.
5. Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating insurance provider information or insurance quotes from our site to be posted elsewhere.
6. Our Intellectual Property
Insurance Panda is an unregistered trademark used to uniquely identify our insurance website. Any content or material provided through this site is protected by copyright. As a user, you warrant that you shall not make use of any content or marks contained as part of this site or service without our express written permission. To the extent that we may mention certain brands or products by name this is for the purposes of comparison and commentary, and not to suggest any relationship with the trademark owner.
7. Content provided for Comparative Purposes
To the extent that we may mention certain brands or products by name this is for the purposes of comparison and commentary, and not to suggest any relationship with the trademark owner.
8. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENTS ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
9. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relates to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
10. Choice of Law
This Agreement shall be governed by the laws in force in Wyoming. The offer and acceptance of this contract is deemed to have occurred in Wyoming.
11. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to Wyoming.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that if you bring a dispute against us and the court finds it in our favor, you will be responsible for our reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
12. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
13. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Insurance Panda shall have the sole right to elect which provision remains in force.
14. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
15. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
16. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Insurance Panda must be addressed to our agent for notice and sent via certified mail to us.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.