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Terms and Conditions

Legal Information

This Agreement shall begin as of the Effective Date and shall remain in full force and effect until terminated by either party in a manner consistent with the terms and conditions set forth herein.

1. License Restrictions

(a) All rights not expressly granted herein are reserved by BetterCoverge.com. This Agreement does not grant to Purchaser the right to use the Leads for any other purpose not expressly set forth in the License Summary above. BetterCoverage does not grant any implied license under any patents, trademarks, trade secrets, copyrights or other proprietary rights held by BetterCoverage.

(b) Purchaser agrees not to use the Leads in any manner that is deceptive, improper, wrongful, unethical, and/or unlawful.

2. Reporting and Payment

(a) Purchaser agrees to remit payment to BetterCoverage in the manner set forth in the License Summary and/or purchase agreement (as applicable).

3. Disclaimer

(a) BetterCoverage does not guarantee that the Leads provided pursuant to the terms of this Agreement will generate revenue to Purchaser. BetterCoverage does not guarantee that the Leads provided can be contacted by Purchaser or that the Leads provided are not otherwise available from another source separate from BetterCoverage. BetterCoverage makes no representation whatsoever regarding the suitability, creditworthiness, viability, or legitimacy of the Leads. BetterCoverage exercises no control over, and accepts no responsibility for, the acts and/or omissions of the Leads. Except as otherwise expressly set forth in this Agreement, the Purchaser hereby agrees that the Leads are provided on an “as is, as available” basis.

(b) BetterCoverage MAKES NO EXPRESS OR IMPLIED WARRANTY, TO THE EXTENT PERMISSIBLE BY LAW, OTHER THAN THE WARRANTIES EXPRESSED IN THE LICENSE SUMMARY, IF ANY, AND SPECIFICALLLY DISCLAIMS ANY WARRANTIES OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. Purchaser Remedies

In all cases involving a failure of the Leads to conform to the express terms set forth in the License Summary, BetterCoverage ’ sole obligation, and Purchaser’s sole and exclusive remedy, is for BetterCoverage to provide a credit to Purchaser in an amount equal to the amount actually paid by Purchaser to BetterCoverage for the corresponding Lead(s) if, and only if, Purchaser notifies BetterCoverage within 72 hours of its receipt of the corresponding Lead(s).

5. Property Rights

All property rights in the Leads and any included materials provided to Purchaser remain the property of BetterCoverage and are protected by Canadian copyright laws and any copyright laws of other countries.

6. Indemnity

Each party hereto agrees to indemnify, defend and hold the other party harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorneys’ fees and related costs, which (1) arise solely or in part from the act(s) and/or omission(s) of the indemnifying party; or (2) arise from or are related to a breach by the indemnifying party of any express warranty contained herein.

7. Governing Law; Severability

This License Agreement is governed by the laws of the Province of Ontario without giving effect to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Section headings are for convenience only and will not be considered part of this Agreement. If any portion of this Agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of this Agreement.

8. Termination

(a) Except as set forth in paragraph 8(b), this Agreement may be terminated by either party by submitting one-week advance written notice to the other.

(b) This Agreement may be immediately terminated by either party (1) in the event of a breach by either party of an express warranty contained herein; (2) if either party becomes insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, becomes subject to direct control of a trustee, receiver or similar authority, or is the subject of reorganization; or (3) in the event either party becomes subject to any bankruptcy or insolvency proceeding under federal, state or foreign statutes.

(c) Upon termination of this Agreement by either party, all rights conferred hereby shall immediately terminate.

9. Entire Agreement

This Agreement, together with any addenda, exhibits, amendments and schedules hereto, shall constitute the entire agreement and understanding between BetterCoverage and Purchaser with respect to the subject matter hereof and supersedes any prior representations, agreements, and/or understandings between the parties on these subjects. Any different or additional terms in any documents furnished by Purchaser are specifically objected to and will not become part of this Agreement. This Agreement may be amended or superseded only by a written instrument executed by BetterCoverage and Purchaser. This Agreement shall not be deemed accepted by, or binding upon, either party until executed by authorized representatives of both parties. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of BetterCoverage and Purchaser.

10. Assignment

This Agreement or any interest therein shall not be assigned by Purchaser without the prior written consent of BetterCoverage which consent shall not be unreasonably withheld.

11. Representations and Warranties

(a) Each Party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable bankruptcy laws and other laws affecting creditors rights.

(b) BetterCoverage represents and warrants that, to the extent expressly granted in the License Summary, and pursuant to the terms set forth in the License Summary, the Leads shall be exclusively provided to the Purchaser. BetterCoverage further represents and warrants that it shall use commercially reasonable efforts to provide Purchaser with the quantity of Leads set forth in the License Summary.

(c) Purchaser represents and warrants that it will not engage in any deceptive or unlawful trade practice and that it will comply in all respects to all applicable laws.

12. Disclosure

Each Party shall NOT disclose terms of this agreement to unlisted or secondary parties without the prior written consent of both Parties.

No modifications to these terms have been made in the course of this transaction. By accepting both parties agree to abide by this Agreement.

** Last update: December 1, 2008 **

Helpful Resources

In addition to helping you find the best insurance rates possible, we also offer a useful resource section with informative articles on health insurance and life insurance topics that can help make the process of buying insurance a bit easier. Understanding the difference between the various types of both life and health insurance policies is key to making certain you get the best policy for your particular needs.