1. General Provisions
1.2. Unless you are an insurance broker, insurance agent, or any other insurance professional, or want to become our Partner, luxgift.co does not charge you a fee to the Website.
1.3. We declare that our Website is free for use. However, our Partners may pay luxgift.co fees for services and to be matched and connected with Users of the Website. luxgift.co is not involved with, and is not responsible for, any fee arrangement or relations that you may enter into with any of our Partner. You acknowledge and agree to this compensation arrangement. Except where prohibited by law, luxgift.co will bring no liability for any losses, costs, damages, or claims in connection with, arising from or related to User’s use of a Partner’s products or services, including any fees charged by Partners.
1.4. Please, be aware that luxgift.co does not provide any insurance services to the User. We carry out business activities as Advertising Agencies, according to NAICS Code 541810.
2. Main Functionality
2.1. With the help of our Website you can send a request regarding estimates, quotes on below mentioned types of insurances provided by our Partners - insurance companies, agents, brokers, etc.:
2.1.1. LIFE INSURANCE;
2.1.2. HEALTH INSURANCE;
2.1.4. AUTO INSURANCE;
2.1.5. HOME INSURANCE.
We display your potential options, then you look further into the possible Partners. And because we don’t make guarantees on the pricing or product information displayed on our site, we always recommend the use or help of a licensed agent or other insurance to help guide you on your request.
2.2. To complete your request we may ask you to provide us with the specific categories of data depending on the type of insurance you would like to choose by filling the type forms or choosing the offered option.
2.3. By providing us your details you explicitly agree to be contacted by select Partners - insurance carriers which are listed here, their agents, individual insurance agents, and/or assurance for marketing purposes concerning insurance and/or other financial products by phone/text at my number provided in the appropriate field (including by autodialer, prerecorded message and/or artificial voice), even if my number is on a do not call list, or by email at the email address User has provided.
2.4. To send a request for getting a quote about LIFE INSURANCE the User shall provide us such categories of data: details whether you currently have or not LIFE INSURANCE, gender, details whether have you used Tobacco Products within the last 12 months, family status, details about having children, date of birth, reason for looking of life insurance, biometric parameters (height, weight), details about medical conditions, employment status, zip code, name and surname, phone number and email address.2.5. To send a request for getting a quote about HEALTH INSURANCE the User shall provide us such categories of data: What benefits are most important to you with ordering the HEALTH INSURANCE, details whether you art currently enrolled in Medicare Parts A or B, details whether you are looking to include your spouse in your Health Insurance plan, your spouse gender, your spouse age, your children age, details whether your spouse has used Tobacco Products within the last 12 months, details whether your child has used Tobacco Products within the last 12 months, details about total annual household income, email and phone number;
2.6. To send a request for getting a quote about MEDICARE the User shall provide us such categories of data: details whether you art currently enrolled in Medicare Parts A or B, date of birth, details of timeframe when would you like to receive coverage, details about benefits are most important to you, gender, details whether you have used Tobacco Products within the last 12 months, your spouse age, your spouse gender, details whether your spouse has used Tobacco Products within the last 12 months, zipcode, details about total annual household income,email and phone number, name and surname.
2.7. To send a request for getting a quote about MEDICARE the User shall provide us such categories of data: What kind of policy are you looking for: homeowner or rentar; details whether you currently have home insurance, details of who is your current insurance carrier, details of what type of property you have, details of the way of property usage, address of property, the year of construction, details of square footage, details of home insurance claims in the past 3 years, credit rating, details of mortgages, amount of coverage,
2.8. To send a request for getting a quote about AUTO INSURANCE the User shall provide us such categories of data: name, surname, date of birth, phone number, email address, residence address, driving experience, annual mileage, credit score, details about at-fault accidents, family status, gender, details on homeownership, insurance status, vehicle year, make and model.
2.9. You understand and agree that by submitting your request to be matched with our Partners on our Website and on Partners websites, you authorize luxgift.co under the Fair Credit Reporting Act (FCRA) to obtain your full Social Security Number, credit report, and credit score from a credit reporting agency to verify your identity and to match you with lenders or Partners. You understand and agree that you are also providing written instruction under the FCRA for these matching Partners separately to obtain your credit report, credit score, and other information from one or more credit reporting agencies in order to verify your identity and provide you with prequalified quotes. In submitting a Financial Services Request, you agree to allow us to transfer this information, including your social security number, in connection with your Financial Services Request to matching Partners, whether or not you have specifically selected such Partner. You further expressly authorize any Partners with whom you are matched to share among its affiliates, loan servicers, and bank partners any transaction history related to your financial products or services received or serviced through such Partner for the limited purpose of evaluating you for credit.
2.10. Please consider that luxgift.co is not a licensed insurance company, and in any case luxgift.co shall be brought to liability in any form for the quality of Partner’s services, neither be responsible for either the availability of Partners or their offerings, quotes, including for any products or services you may obtain by contacting any of them as a result of your use of our Website or the features hereof.
2.11. You agree that luxgift.co is not liable for any advice provided by Partners or any third parties. You agree that you are responsible for your own financial research and financial decisions, and that luxgift.co is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of luxgift.co.
2.13. The Website may contain links to third party websites and services. luxgift.co provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that luxgift.co has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
3. User’s Representation and Guarantees
3.1. You realise that if you provide to luxgift.co wrong or incorrect details it may affect the value of the Website to you.
3.2. You confirm and ensure to us that you:
3.2.2. agree to not pretend that you are, or that you represent, someone else, or impersonate any other person or entity;
3.2.3. fully informed and realize that luxgift.co does not necessarily guarantee quotes, fees, terms, rates, coverage, or services offered by Partners are the best available. luxgift.co does not necessarily validate or investigate the licensing, certification, or other requirements and qualifications of Partners;
3.2.4. realise and agree we’re not responsible for the availability of the products we provide estimates or quotes on.
3.3. You guarantee that:
3.3.1. the information and details that you provide to us will be accurate, current, true, supportable, and complete. Vice Versa may lead to wrong request formation.
4. Intellectual property
4.1. The Website contains material, such as text, graphics, images and other material provided by or on behalf of us, and through your use of the Website you will be provided with additional information from us.
4.2. These materials and information are collectively referred to herein as the "Content." The Content is owned by luxgift.co and/or our licensors and may be under guard of both United States and foreign copyright laws and treaties.
4.3. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the Website, which are registered and unregistered trademarks or service marks of ours or our licensors. Moreover, the organization and design of the Website are the property of Point2web LLC and are protected worldwide by copyright laws and treaty provisions.
4.4. We reserve all rights in and to the Website and related Content. If you submit comments, suggestions, ratings, or other feedback regarding the Website or your experience, you agree that we will be free to use such feedback for any purpose and without restriction or obligation to you.
4.5. You are granted permission to use the information provided to you on or via the Website solely for your own personal, non-commercial use, provided that none of the content was modified and that any legal legends are retained.
4.6. You may not "mirror" any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be used, copied, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written permission.
4.8. You shall not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout the Website without the prior written consent of the owner of the trademark, trade name, service mark and logo.
4.9. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: firstname.lastname@example.org
4.10. We suggest that you consult your legal advisor before submitting a notice or counter-notice.
5. Restrictions on use of the Website/p>
5.1. You are not allowed to:
5.1.1. rent, lease, lend, sell, redistribute, reproduce, or sublicense the Website.
5.1.3. copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof;
5.1.4. conducting or supporting illegal activity of any type whatsoever;
5.1.5. transmitting or storing worms or viruses or any code of a destructive nature;
5.1.6. disguising the origin of any content transmitted through this Website or manipulating your presence on the Website; and/or causing the launch of any automated system(s) that accesses this Website in a manner that sends more request messages to servers of the Website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
5.1.7. delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in this Website;
5.2. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
5.3. You may not exploit or interfere with the Website in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.
5.4. These and other violations of luxgift.co intellectual property rights may result in your liability for actual damages and loss of income to luxgift.co and profits you derive from this misapprop/riation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys fees.
5.5. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited.
5.6. We reserve the right to pursue all legal and equitable remedies against unauthorized uses.
6. Limitations on Availability and Liability, Disclaimers and Indemnification
6.1. You realize the Website or some aspects thereof may not be available in all languages or in all countries.
6.2. We make no representation that the Website is available or permitted in any particular location.
6.3. Use of the Website is void where prohibited.
6.4. You use the Website at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Website as required by law.
6.5. luxgift.co is not an insurer. Any insurance offered to you is provided to you by one of the Partners listing here: https://luxgift.co.net/partners, and not luxgift.co.
6.6. luxgift.co does not necessarily guarantee that quotes, fees, terms, rates, coverage, or services offered by Partners are the best available. luxgift.co does not necessarily validate or investigate the licensing, certification, or other requirements and qualifications of Partners.
6.7. The terms and conditions of any insurance product offered to you are provided by the Partners based on their underwriting and may vary based on a number of factors solely as determined by the insurers.
6.8. It is your responsibility to investigate Partners. You acknowledge and agree that Partners are solely responsible for any products or services that they may offer or provide to you and that luxgift.co shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Partner's products or servi/ces. luxgift.co always recommends getting the advice of financial advisors, insurance agents, brokers, or other qualified professionals who are fully aware of your individual circumstances before you make any insurance decisions.
6.9. We don’t provide advice or endorse insurance products or Partners that appear on our website or other communication channels. As a result, it is your sole discretion whether to take out a policy based on a quote you get through our Website and to make sure the policy that is of interest to you meets your specific needs.
6.10. The quotes provided to you are provided to us by Partners. Therefore luxgift.co cannot guarantee their accuracy and whether they are the most current quotes available.
6.11. The quotes do not constitute bookable rates, as the actual bookable rate requires additional information from you, and may vary relative to the provided quotes. We do not guarantee that the insurance offered by the Partners on our Website or other forms of communication includes the best terms or lowest rates available in the market.
6.12. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6.13. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT.
6.14. MANY INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS.
6.15. IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
6.16. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, ANY SERVICE, OR ANY CONTENT IS TO STOP USING THE SAME.
6.17. You agree that:
6.17.1. you will be personally responsible for your use of the Website, and you agree to defend, indemnify, and hold harmless luxgift.co from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with your access to, use of, or alleged use of the Services;/p>
6.17.3. your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
6.17.4. any disputes or issues between you and any third party. luxgift.co reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
7.1. luxgift.co reserves the right to modify or discontinue, temporarily or permanently, some or all of the Website functionality at any time without any notice or further obligation to you.
7.2. Therefore, you give your consent that luxgift.co will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Website.
8. U.S. Government restricted rights
8.1. We warn you that the content of this Website is provided with "Restricted Rights."
8.2. Any use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
9. Notice to California Residents.
9.1. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.
10. Governing law and choice of forum
10.2. In the interest of resolving disputes between you and luxgift.co in the most expedient and cost-effective manner, you and luxgift.co agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”).
10.4. YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND luxgift.co ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10.6. Notwithstanding Section 10, you and luxgift.co agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to:
10.6.1. bring an individual action in small claims court;
10.6.2. pursue enforcement actions through applicable federal, state, or local agencies where such actions are available;
10.6.3. seek injunctive relief in any competent court of law; or
10.6.4. to file suit in a court of law to address intellectual property infringement claims.
10.7. Any arbitration between you and luxgift.co will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting luxgift.co.
10.8. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to luxgift.co should be addressed to: 09 E 17th st, ste 450, Cheyenne, WY, 82001 (“Notice Address”).
10.9. The Notice must:
10.9.1. describe the nature and basis of the claim or dispute; and
10.9.2. set forth the specific relief sought (“Demand”). If the User and luxgift.co do not reach an agreement to resolve the claim within 30 days after the Notice is received, User or luxgift.co may commence an arbitration proceeding.
10.10. In the event that you commence arbitration in accordance with these Terms, luxgift.co will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by luxgift.co should be submitted by mail to the AAA along with your Demand for Arbitration and luxgift.co will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse luxgift.co for all fees associated with the arbitration paid by luxgift.co on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
10.11. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Los Angeles County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
10.12. Unless both you and luxgift.co agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
12. Communications with you about your insurance needs
12.1. When you visit luxgift.co’s Website or send email to us, you are communicating with us electronically. luxgift.co may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Website. Therefore, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12.2. By providing your email address, phone number, or both on luxgift.co’s Website, you authorize us and our Partners to call you, email you, or text you about:
12.2.1. Your insurance needs or quote requests,
12.2.2. Any issue regarding our services, and/or
12.2.3. To provide information or offers you may be interested in, including a response to quotes you have requested from us or our associated insurance providers.
12.3. luxgift.co and its Partners may contact you at any telephone number(s), mobile or otherwise, that you provide us.
12.4. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing system (ATDS) technology to contact you. Message and data rates may apply. You also understand that your consent is not a condition of purchase, and that you can call luxgift.co directly at 1-424-382-4536 for more information.
12.5. We agree that you may withdraw your consent to be contacted by contact us at: email@example.com.