Before launch: replace [LEGAL ENTITY NAME], [STATE], [MAILING ADDRESS] and the effective date, and have this reviewed by an attorney familiar with insurance lead generation, TCPA and state privacy law. This is a starting draft, not legal advice.
Terms & conditions
Effective [DATE]
These terms govern your use of tobyinsurance.com, operated by [LEGAL ENTITY NAME] ("Toby", "we", "us"). By using the site you agree to them. If you do not agree, do not use the site.
What Toby is
Toby is an independent referral service. We are not an insurance company, we are not an insurance agent or broker, and we do not sell, solicit, negotiate or issue insurance. We do not give insurance, financial, legal or tax advice.
We collect information you volunteer and pass it to one or more licensed insurance agencies who may contact you. Any policy you buy is a contract between you and the issuing insurer, on their terms.
No guarantee of coverage or price
Nothing on this site is an offer of insurance, an application for insurance, or a promise that you will be approved. Eligibility, premiums, coverage amounts, exclusions and waiting periods are determined solely by the issuing insurer and vary by state, age, health and other factors. Any figures shown on this site are illustrative only.
How we are paid
Our service is free to you. We are paid a fee by the insurance agencies we refer you to. That fee may vary between agencies. You are under no obligation to purchase anything you are offered, and your premium is set by the insurer regardless of how you were referred.
Eligibility and your obligations
You must be at least 18 years old and a resident of the United States. You agree that the information you submit is your own, is accurate and complete, and that the phone number you provide belongs to you and that you are authorised to receive calls and texts at it. You may not submit another person's information without their permission.
You agree not to use the site unlawfully, to interfere with its operation, to scrape or harvest data from it, or to submit false or fraudulent information.
Consent to be contacted
By submitting the assessment and ticking the consent box you agree to be contacted as described in that box and in our privacy policy, including by automated means. Consent is not a condition of purchase and can be revoked at any time.
Third parties
We do not control the insurance agencies we refer you to and are not responsible for their conduct, their products, their pricing or their compliance with law. Any dispute about a policy or about how an agency treated you is between you and them. This site may link to third-party sites we do not control.
Intellectual property
The content, design, text, graphics and the Toby character on this site belong to [LEGAL ENTITY NAME] and may not be copied or reused without written permission.
Disclaimer of warranties
The site is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the site will be uninterrupted, error-free or secure, or that any information on it is complete or current.
Limitation of liability
To the fullest extent permitted by law, [LEGAL ENTITY NAME] and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or data, arising from your use of the site or from any referral made through it. Our total liability for any claim will not exceed one hundred United States dollars (USD 100).
Indemnity
You agree to indemnify and hold harmless [LEGAL ENTITY NAME] against any claim arising from your use of the site, your breach of these terms, or information you submitted that was not yours to submit.
Changes and termination
We may change these terms or discontinue the site at any time. Changes take effect when posted. We may refuse service to anyone at our discretion.
Governing law
These terms are governed by the laws of the State of [STATE], without regard to conflict of law rules. Any dispute will be brought in the state or federal courts located in [STATE].
Contact
[LEGAL ENTITY NAME], [MAILING ADDRESS]. Email info@tobyinsurance.com.