Terms and Conditions

Last updated: 11/11/23

These Terms and Conditions apply to your use of this Site (www.instabrain.io). Your use of this Site is expressly conditioned on your acceptance of these Terms and Conditions. If you do not agree with any part of the Terms and Conditions, you must not use this Site.

InstaBrain, Inc. (together with its affiliates and subsidiaries, collectively, “InstaBrain,” “us,” “we,” or “our”) reserves the right to modify these Terms and Conditions at any time. Continued use of this Site by you will constitute your acceptance of any revisions to the Terms and Conditions. Please check this page regularly.

Privacy: Please review our Privacy Policy, which also governs your visit to this Site.

Electronic Mail: You may not send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, including but not limited to the CAN-SPAM Act.

Access: You may not use this Site in any manner that could damage or overburden any of our equipment or software. You may not obtain, or attempt to obtain, access to any material or information on this Site that is protected by passwords, PIN or required login identification through any means not expressly authorized by InstaBrain. You may not use the login information of another person unless they specifically authorized you to do so.

False Information: You may not intentionally provide any false information when you register for this Site, apply for products or services from us, post comments on this Site, or on InstaBrain-sponsored web pages, or when completing your profile or application for insurance.

Links: You agree to obtain our permission before creating a hyperlink or similar link or connection to this Site.

Endorsements: You may not use InstaBrain’s name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship, or approval by InstaBrain without express written permission.

Third-Party Sites: This Site may contain links to other Internet web sites ("Third-party Sites") that are not maintained by InstaBrain. These links are provided solely for your convenience. InstaBrain makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third-party web sites. We recommend that you take the time to read the privacy policies and user agreements of these web sites.

Password Registration: Access to account information through the Site is restricted and requires a user identification code ("User ID") and a password for access. Unauthorized use of or access is strictly prohibited.

In accessing the Site requiring a User ID and password, you agree that:

  • InstaBrain is entitled to act on instructions received under your User ID and password.
  • InstaBrain is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of InstaBrain.
  • You will keep your password confidential, and you will notify InstaBrain immediately if you believe someone else has obtained your User ID and password or any unauthorized access to the online service site has occurred or may occur.
  • InstaBrain may block access to the Site without prior notice if we believe your User ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.

Geographic Location Identification: When you visit the Site, we are able to identify your general geographic location using a system that recognizes and pinpoints the location of publicly routed IP addresses – the unique numbers computers use to communicate with other devices on computer networks. Though we can identify your geographic location, we do not receive your personal information. We identify your location only to provide a more tailored experience for you.

Postings: Posting a comment on this Site, or on InstaBrain-sponsored message boards, discussion forums or other interactive content on third party sites, you agree that InstaBrain may publish your comment in whole, or in part. InstaBrain does not agree to post all comments received. InstaBrain reserves the right to remove or modify any posting that is false, offensive, violates any law or the rights of third parties, violates these Terms and Conditions, or is defamatory or duplicative.

InstaBrain reserves the right to reveal your identity and the content of your original and posted submissions in response to legal action by any party, or in response to a request by governmental authority, or in defense of InstaBrain.

InstaBrain retains ownership of all postings submitted on this Site, except when copyrighted material is posted.

Unsolicited Submissions: Unless otherwise stated, InstaBrain does not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its services and products. Any such postings to this Site and electronic mail delivered to InstaBrain will be considered non-confidential and non-proprietary, and will remain, the exclusive property of InstaBrain. InstaBrain may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation. Personal information transmitted to us will be treated in accordance with the InstaBrain Privacy Policy.

Responsible Use of the Site: The following rules are a condition of your access to or use of the Site:

  • No Criminal or Unlawful Conduct. You may only use the Site (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
  • Your Use Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.
  • Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third-party claim that content, material or information you have posted on or contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all content, material or information publicly posted or privately transmitted on or through the Site are the sole responsibility of the sender, not InstaBrain, and that you are responsible for all content, material or information you upload, publicly post or otherwise transmit to or through the Site. If we become aware that any of our Users has infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to the Site.
  • No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble or store personal information about other Users of the Site (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to undertake any other activity which may adversely affect the operation or enjoyment of the Site by any other User or third party, including placing malware on the Site.
  • No Impersonation or Interference. You may not use the Site to threaten, abuse, harass, or invade the privacy of any other User or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with InstaBrain or with any other person or entity. You may not restrict, inhibit or interfere with any other User or third party from using or enjoying the Site.
  • No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other online services, or to obtain unauthorized access to the Site or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Site.
  • No Violations of Security Systems. You are prohibited from using the Site to compromise the security or tamper with, or gain unauthorized access to, the Site, online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, InstaBrain reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
  • No Transmission of Fraudulent Funds. In the course of making payments, whether to us or through a third-party payment processor, you shall not transmit what we believe to be potentially fraudulent funds.
  • No Violation of Payment Card Rules. You shall not use your user account or the Site in a manner that we, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
  • Cooperation. You must not refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information you provide to use.
  • No Circumvention. You may not circumvent any InstaBrain determinations about your user account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional user account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional user accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s user account.

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violat>ion of this Agreement, including the following:

  • Terminate this Agreement, limit your user account, and/or close or suspend your user account, immediately and without penalty to us;
  • Refuse to provide the Site to you in the future;
  • Limit your access to your user account or any of our services;
  • Update inaccurate information you provided us; or
  • Take legal action against you.

If you’ve violated this Agreement, then you’re also responsible for damages to InstaBrain caused by your violation of this Agreement.

If we close your user account or terminate your use of the Site for any reason, we’ll provide you with notice of our actions.

You are responsible for all claims, fees, fines, penalties and other liability incurred by InstaBrain, any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Site.

Intellectual Property and Other Proprietary Rights: The rights granted to you in this Agreement are subject to the following restrictions:

  • The Site includes content that is derived in whole or in part from content or materials supplied and owned by InstaBrain, InstaBrain’s licensors or third parties. As between InstaBrain and you, InstaBrain owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Site except, if applicable, with respect to your user content.
  • You acknowledge InstaBrain’s valid intellectual and proprietary property rights in the Site and that your use of the Site is limited to accessing, viewing and downloading of the Site, as authorized by InstaBrain. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Site, or to any portion thereof, except for the limited rights expressly granted herein.
  • You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Site, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Site or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site (including any code used in any software).
  • You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Site unless expressly permitted by InstaBrain in writing. You may not incorporate the Site into, or stream or retransmit the Site via, any hardware or software application or make the Site or any content available via frames or in-line links, and you may not otherwise surround or obfuscate the Site with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Site, content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Site or its servers and infrastructures.
  • You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Site (including any code used in any software), whether or not for profit.
  • To the extent we make the Site available to you via a widget, embedded player or other technology that allows you to embed or stream content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with the Site.
  • You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Site.

Any future release, update, or other addition to functionality of the Site shall be subject to this Agreement. All copyright and other proprietary notices on any services content or materials must be retained on all copies thereof. Modification or use of the Site (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.

Copyright Infringement Claims: It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on this Site or the Content may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit InstaBrain to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by InstaBrain. Written notice must be sent to: InstaBrain,15169 N Scottsdale Rd, Scottsdale, AZ 85254, USA.

Indemnification.

You agree to protect, indemnify, and hold harmless InstaBrain and its subsidiaries, agents, affiliated companies, and the respective employees, contractors, officers, directors, and agents of each party, from and against any and all claims, losses, liabilities, damages, obligations, costs, or debts, including attorney's fees, arising from: (i) your use of the Site and your access to it, including any data transmitted or received by you; (ii) your purchase or utilization of any products through the Site; (iii) your creation or transmission of any message, content, information, software, or other materials through the Site; (iv) your violation of any aspect of this Agreement, including the breach of any representations and warranties outlined above; (v) your infringement of any third-party rights, such as privacy, publicity rights, or intellectual property rights; (vi) your violation of any national or international law, rule, or regulation; (vii) any claims or damages arising from information submitted via your account; or (viii) any third party's use of the Site with your unique username, password, or security code. InstaBrain reserves the right, at your expense, to assume the exclusive defense and control of any claim for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of InstaBrain. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers.

THE CONTENT AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, INSTABRAIN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INSTABRAIN DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, ITS SERVERS, OR ANY E-MAIL SENT FROM INSTABRAIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

INSTABRAIN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. INSTABRAIN ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. INSTABRAIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY ONLINE SERVICES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL INSTABRAIN BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, ANY CONTENT POSTED ON OR THROUGH THE SITE, OR CONDUCT OF ANY USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. YOU USE THE SITE AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, INSTABRAIN SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGE, NOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF (A) THE USE OF, OR INABILITY TO USE, THIS SITE OR CONTENT FOUND IN THIS SITE, OR (B) UNLESS RESULTING FROM THE GROSS NEGLIGENCE OR INTENTIONAL ACTIONS OF INSTABRAIN, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF INSTABRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INSTABRAIN IS NOT LIABLE, AND YOU AGREE NOT TO HOLD INSTABRAIN RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE SITE; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE SITE; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE SITE; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SITE; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

General Fraud Warning: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

The fraud warnings listed below are applicable in the states of AL, AK, AZ, AR, CA, CO, DE, DC, FL, ID, IN, KY, LA, ME, MD, MN, NH, NJ, NM, NY, OH, OK, OR, PA, RI, TN, TX, UT, VA, WA, and WV. Please review the appropriate fraud warning relevant to the state that you reside in prior to submitting your claim.

  • Alabama: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines, or confinement in prison, or any combination thereof.
  • Alaska: Any person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.
  • Arizona: For your protection Arizona law requires the following statement to appear on this form: Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.
  • Arkansas: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
  • California: For your protection, California law requires the following to appear on this form: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
  • Colorado: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
  • Delaware: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.
  • District of Columbia: WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.
  • Florida: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.
  • Idaho: Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
  • Indiana: A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.
  • Kentucky: Any person who knowingly and with intent to defraud any insurance company or other person files a statement of claim containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime.
  • Louisiana: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
  • Maine: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.
  • Maryland: Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly and willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
  • Minnesota: A person who files a claim with intent to defraud, or helps commit a fraud against an insurer, is guilty of a crime.
  • New Hampshire: Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20.
  • New Jersey: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.
  • New Mexico: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.
  • Ohio: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
  • Oklahoma: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
  • Oregon: Any person who knowingly and with intent to defraud or solicit another to defraud an insurer: (1) by submitting an application, or (2) by filing a claim containing a false statement as to any material fact thereto, may be committing a fraudulent insurance act, which may be a crime and may subject the person to criminal and civil penalties.
  • Pennsylvania: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
  • Rhode Island: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
  • Tennessee: 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.
  • Texas: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
  • Virginia: 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.
  • Washington: It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or denial of insurance benefits.
  • West Virginia: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

Disputes.

Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and InstaBrain arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This Agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND INSTABRAIN ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND INSTABRAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and InstaBrain must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Scottsdale, Arizona. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Arizona. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Arizona.

Governing law: Use of this site shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any principles of conflicts of laws.

Notice to California Users: Under California Civil Code Section 1789.3, California users of the Site are 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Conflicts: In the event of a conflict between these Terms and Conditions and our Privacy Policy the Privacy Policy shall control.

Severability: Should any provision of these Terms and Conditions be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

Contact us: If you have any questions about this Privacy Policy or any of the practices described herein, please contact us by email at [email protected] or by calling 800-806-9714.

Opt-out Form