Terms and Conditions
- ToU Updates. InstaBrain may update this ToU at any time, and InstaBrain will post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use any aspect of the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Service. If InstaBrain makes any material change to this ToU, we will make reasonable efforts to notify you of the change, such as by sending an email to any address you used to register for an account, through a pop-up window on the Site, or other similar mechanism. Disputes arising under this ToU will be resolved in accordance with the version of the ToU in place at the time the dispute arose. We encourage you to review this ToU frequently to stay informed of the latest modifications.
- Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that InstaBrain may make changes to any aspect of the Service at any time without notifying you in advance.
Consent to Doing Business Electronically. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree to receive all communications, agreements, and notices that we provide in connection with the Service electronically, including by email, SMS text message, or by posting them on the Site or through the Service (including your application and insurance policy, if one is issued) and other information (“Communications”) from us. The products and services offered through the Site are available only through the Internet, so you consent to conduct business electronically. Your Consent to Doing Business Electronically applies not just to InstaBrain, but also to InstaBrain’s agents and affiliates, North American Company for Health and Life Insurance (North American), and North American’s agents and affiliates.
Scope of Consent
You agree to receive all Communications from us relating to the products and services offered through the Site electronically by email, by text or at the Site. You further agree that we may accept an electronic signature from you, and that this electronic signature will have the same effect as a physical wet signature and will appear on all records related to any products and services. Your consent also applies to all Communications and information that we receive from you. Your consent is voluntary and, if you consent, you still have the right to receive a paper copy of any Communication, at no cost, by contacting us.
You agree that you have the ability to access, view, store, download and print communications, documents, consents, and hyperlinks we deliver or make available to you electronically through your computer or on your mobile device. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may withdraw your consent to receive Communications electronically and to use an electronic signature at any time by contacting us. If you withdraw your consent, you will be unable to apply for products and services through the Site, and we will be unable to continue to process any pending applications for products and services, including insurance products.
- Scope of Consent
- Termination of Service InstaBrain reserves the right to deny service to any person or entity at InstaBrain’s sole and absolute discretion. You acknowledge and agree that InstaBrain may stop providing any aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if InstaBrain suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If InstaBrain disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account. For the avoidance of doubt, any Insurance Policy you obtain through the Service will remain in effect pursuant to the terms of such Insurance Policy.
Accounts and Security.
- Account. You do not need to create an account to visit the Site, but you must have an account to access and utilize certain aspects of the Service, including without limitation those aspects that allow you to apply for and obtain an Insurance Policy. You can create an account by starting the application process. You must be at least twenty (20) years old to create an account. You may be required to provide information about yourself and payment information as part of the application process or your continued use of the Service. You agree that any application information that you submit to InstaBrain will be correct, accurate and up to date.
- Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
- Cancellation by You. Subject to the terms and conditions of any applicable Insurance Policy, you have the right to cancel your account at any time.
Termination by InstaBrain. InstaBrain may at any time terminate your account if:
- InstaBrain determines that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to InstaBrain;
- InstaBrain determines it is required by law to terminate your account; or
- InstaBrain decides to stop providing the Service or critical portions of the Service, provided that any Insurance Policy you obtain through the Service will remain in effect pursuant to the terms of such Insurance Policy.
- Effect of Account Termination or Cancellation. If you voluntarily terminate your account, you may reactivate that account at any time by logging in to the Service through the Site and reactivating the account. Accounts terminated by InstaBrain for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason.
- Insurance Products. Eligible individuals may apply for Insurance Policies through the Service. Insurance Policies are only available to persons in jurisdictions where such Insurance Policies may legally be sold. By applying for insurance products through the Site, you (a) agree to designate us as your agent of record, (b) authorize us to communicate such designation to any insurance carrier and any other person or entity we determine should be so advised, and (c) permit us to receive any compensation that any insurance carrier agrees to pay to us in connection with your purchase of any Insurance Policy. With respect to any Insurance Policy, if any term or condition of this ToU differs from the terms and conditions of the Insurance Policy, the Insurance Policy’s provisions will control. InstaBrain’s Insurance Policies are underwritten and issued by North American Company for Health and Life Insurance and offered through the Service. Product information and descriptions provided through the Service are not intended to be complete descriptions of all policy terms, exclusions and conditions. If you obtain an Insurance Policy through the Service, please refer to your actual Insurance Policy for complete details of coverage and payment requirements. Your Insurance Policy will contain a payment schedule that will provide information regarding your premiums. Approval of your application is not guaranteed and is subject to acceptance by North American Company for Health and Life Insurance based upon its underwriting guidelines and your personal history. InstaBrain Agency, LLC (d/b/a InstaBrain Insurance Services in California) is a licensed insurance agency in all states except New York, and is a third party administrator in all states where required. InstaBrain does not provide any legal, regulatory, accounting, or tax advice, and you must rely upon your own advisors before making any financial decision.
Restrictions and Conditions of Use.
- Use of the Service. Subject to the terms and conditions of this ToU, InstaBrain hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service solely in accordance with this ToU and any rules, restrictions or documentation set forth by InstaBrain from time to time. InstaBrain reserves all rights not expressly granted to you. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. InstaBrain reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
- Updates. You acknowledge and agree that InstaBrain may update the Service from time to time with or without notifying you, and may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that InstaBrain has no obligation to make the Service available to you, make any subsequent versions of the Site available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and InstaBrain may terminate your access to the Service or stop offering the Service at any time, provided that any Insurance Policy you obtain through the Service will remain in effect pursuant to the terms of such Insurance Policy.
- Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
- No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by this ToU.
- Without limiting the generality of the foregoing, you agree that you will not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of InstaBrain; or (iv) make any false, misleading or deceptive statement or representation regarding InstaBrain or the Service.
- Without limiting the generality of the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with InstaBrain; (iv) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
- Without limiting the generality of the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by InstaBrain in its sole discretion.
- No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of users or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.
- Violation of this ToU. You acknowledge and agree that you are solely responsible, and InstaBrain has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. InstaBrain may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 7 or any other terms of this ToU.
- Links from the Service. The Service may contain links to websites operated by independent third parties. InstaBrain provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of InstaBrain and InstaBrain is not responsible for the content available on the other websites or services. Such links do not imply InstaBrain’s endorsement of information or material on any other website and InstaBrain disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.
- Links to the Service. Unless otherwise set forth in a written agreement between you and InstaBrain, you must adhere to InstaBrain’s linking policy as follows: (a) the appearance, position and other aspects of any link to the Service may not be such as to damage or dilute the goodwill associated with InstaBrain’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with InstaBrain; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. InstaBrain reserves the right to revoke its consent to the link at any time and in its sole discretion.
- Third-Party Services. The Service includes features that operate in conjunction with certain third-party services such as those provided by Plaid Technologies, Inc. (“Third-Party Services”). Your access and use of Third-Party Services is governed by the terms of service and other agreements posted by the providers of such Third-Party Services. You understand and acknowledge that the Service is not endorsed or certified by any of the aforementioned Third-Party Services.
- Trademarks. The InstaBrain name and logo are trademarks and service marks of InstaBrain. Unless permitted in a separate written agreement with InstaBrain, you do not have the right to use any of InstaBrain’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
- Ownership. You acknowledge and agree that InstaBrain, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that InstaBrain has designated as confidential and you agree not to disclose such information without InstaBrain’s prior written consent.
- Feedback. You may choose to, or InstaBrain may invite you to, submit comments, bug reports, ideas or other feedback about the Site and the Service (“Feedback”). By submitting Feedback, you agree that InstaBrain is free to use such Feedback at its discretion without any obligation to you. InstaBrain may also choose to disclose Feedback to third parties. You hereby grant InstaBrain a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- Location. The Service is operated by InstaBrain in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
- Required Age. The Service is not directed toward persons under 20 years of age, and InstaBrain does not knowingly collect information from persons under the age of 20 or allow them to create an account or access account features. If you are under the age of 20, please do not submit any personal information about yourself to InstaBrain.
Disclaimer of Warranties.
Please read the following provisions carefully – they contain important legal disclaimers:
- You understand and agree that your use of the Service is at your sole risk and that the Service is provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
- To the maximum extent permitted by applicable law, InstaBrain expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.
- InstaBrain makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the service.
- InstaBrain does not represent or warrant that (a) you will be able to access or use the service at the times or locations of your choosing; (b) that operation of the service will be uninterrupted, timely, secure or error-free; (c) your use of the service will meet your requirements; (d) defects in the operation of the service will be corrected; or (e) the service is free of viruses or other harmful components.
You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Service is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
Limitation of Liability; Sole and Exclusive Remedy.
Please read the following provisions carefully – they contain important limitations of InstaBrain’s liability:
To the maximum extent permitted by applicable law, InstaBrain and its affiliates, licensors and business partners (collectively, the “related parties”) shall not be liable to you under any contract, tort (including negligence), strict liability or other legal or equitable theory for the following:
- Any indirect, incidental, consequential, special or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the service, even if InstaBrain or the related parties have been advised or should have been aware of the possibility of any such losses or damages;
- The cost of procurement of substitute goods, services or technology; or
- The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the service.
Without limiting the foregoing, in no case shall the liability of InstaBrain or any of the related parties exceed one hundred dollars ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of InstaBrain and the Related Parties shall be limited to the fullest extent permitted by law.
- To the maximum extent permitted by applicable law, InstaBrain and its affiliates, licensors and business partners (collectively, the “related parties”) shall not be liable to you under any contract, tort (including negligence), strict liability or other legal or equitable theory for the following:
- Indemnification. You agree to defend, indemnify and hold InstaBrain and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service or (b) your breach of this ToU or any other policies that InstaBrain may issue for the Service from time to time. You further agree to cooperate as required by InstaBrain in the defense of any claim. InstaBrain reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of InstaBrain.
- Governing Law; Jurisdiction. This ToU is governed by Texas law, without regard to conflict of laws principles. You and InstaBrain agree that, except as otherwise provided in Section 18 below, the state and federal courts located in Dallas County, Texas will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, InstaBrain shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
Arbitration Procedures. You and InstaBrain agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 18 will control and prevail.
Except as otherwise set forth in Section 18.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and InstaBrain will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and InstaBrain may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
- Location. The arbitration will take place in Dallas, Texas, unless the parties agree to video, phone or internet connection appearances.
- Limitations. You and InstaBrain agree that any arbitration shall be limited to the Claim between InstaBrain and you individually. You and InstaBrain agree that (a) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; (b) there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (c) no arbitration shall be joined with any other arbitration.
- Exceptions to Arbitration. You and InstaBrain agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of InstaBrain’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- Severability. You and InstaBrain agree that if any portion of this Section 18 is found illegal or unenforceable (except any portion of Section18.4), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section 18.4 is found to be illegal or unenforceable then neither you nor InstaBrain will elect to arbitrate any Claim falling within that portion of Section 18.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the Dallas County, Texas, United States of America, and you and InstaBrain agree to submit to the personal jurisdiction of that court.
- Survival. This Section 18 shall survive any termination of your relationship with InstaBrain.
- Arbitration Procedures. You and InstaBrain agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 18 will control and prevail.
- ToU Revisions. This ToU may only be revised in a writing signed by InstaBrain or published by InstaBrain on the Site.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and InstaBrain as a result of this ToU or your use of the Service.
- Assignment. InstaBrain may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without InstaBrain’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
- Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
- Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, except as otherwise provided in Section 18.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by InstaBrain of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
- Equitable Remedies. You acknowledge and agree that InstaBrain would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and InstaBrain with respect to the Service and supersedes any and all prior agreements between you and InstaBrain relating to the Service.