DIonDEMAND Terms of Use



  1. INTRODUCTION.

    This Terms of Use Agreement ("Agreement") is made by and between InStar Inc. dba DI on Demand (hereinafter "Company"), the owner of the www.DIonDEMAND.com (the "Site") and corresponding insurance service (the "Service"), and you, the user ("you" or "user").

    This Agreement contains the terms and conditions that govern the use of the Site and the Service, including but not limited to any content, materials, forms, software, documents, instructions, or other information provided by the Company. BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SITE AND SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE CORRESPONDING PRIVACY POLICY AVAILABLE AT: http://www.DIonDEMAND/privacy (the "Privacy Policy").

    IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY, DO NOT ACCESS OR USE ANY PART OF THE SITE AND SERVICE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT. YOUR CONTINUED USE OF ANY PART OF THE SITE AND/OR THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE.

    THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, IS AVAILABLE AT http://www.DIonDEMAND/terms.


  2. THE SERVICE.
    1. WHAT THE SERVICE PROVIDES. Company is a licensed independent insurance broker. Company provides the Site and Service as an educational and informational tool to assist you in your decision to purchase insurance. As such, Company may provide you with insurance quotes. Company may also assist in brokering and transacting sales of insurance products between you and third parties. Certain features of the Site and the Service may require you to agree to additional terms and conditions, or enter into separate agreements with Company or applicable third-party insurance carriers. Any third-party insurance products that are purchased by you through the Site and/or Service are subject to the terms and conditions of the applicable third-party insurance carrier.
      Certain features of the Site and the Service may require you to agree to additional terms and conditions, or enter into separate agreements with Company or applicable third-party insurance carriers. Any third-party insurance products that are purchased by you through the Site and/or Service are subject to the terms and conditions of the applicable third-party insurance carrier.
    2. NO UNDERWRITING. Company does not underwrite any insurance policy that is made available to you through the Site and/or the Service.
    3. COMPANY'S QUOTES ARE NOT BINDING. Any insurance policy premium quotes or ranges displayed on the Site or through the Service are non-binding. You acknowledge and agree that the underwriting insurance company determines the final insurance policy premium following the approval of your insurance application. You further acknowledge that the availability of insurance products varies by state and is dependent on your individual circumstances. Thus, you may not be approved for an insurance policy that Company has quoted, and the amount you pay for the policy may vary from the amount quoted. Further, the third-party insurance products offered for sale through the Site and Service are only available in the jurisdictions in which the third-party is properly licensed, and thus these products may not be available to you.
    4. INTENDED PURPOSE. The Site and Service are intended to assist you in your decision to purchase insurance, provide you with insurance quotes, and broker sales of insurance products between you and third parties (collectively, the “Intended Purpose”). You may not rent, lease, lend, sell, redistribute or sublicense the Service, or use the Site or Service for anything other than the Intended Purpose. You agree to use the Site and Service for your sole and exclusive benefit.
    5. PERMITTED USE. You may use the Site and Service only for the Intended Purpose. As a condition of your use of the Site and Service, you warrant to Company that you will not use the Site or the Service for any purpose that is unlawful or prohibited by this Agreement.
    6. USER'S RESPONSIBILITIES. You shall be exclusively responsible for the supervision, management, and control of your use of the Site and Service, including, but not limited to:
      1. Assuring proper configuration of equipment or devices;
      2. Establishing adequate operating methods; and
      3. Implementing procedures sufficient to satisfy your obligations for security under this Agreement, including appropriate action to prevent misuse, unauthorized copying, modification, or disclosure of the Site and Service.

    7. THE SERVICE.
      1. Sell, rent, lease, license, sublicense, or assign the Site or Service, including the content within the Site or Service, to others;
      2. Transfer the Site and the Service, or any content within the Site and the Service, to another party;
      3. Reverse engineer, decompile, disassemble, or otherwise derive the source code from the Site or the Service;
      4. Alter, modify, adapt, reconfigure, or prepare derivative works of the Site or Service, or the content within the Site or the Service;
      5. Archive or retain any of the content from the Site and the Service in any form without the written permission from Company;
      6. Distribute (including via e-mail or the Internet), or otherwise make available, copies of the Site or the Service, or the content within the Site or Service, to others, whether or not for payment or other consideration;
      7. Copy, extract, summarize, distribute or otherwise use the Site or the Service in any manner which competes with or substitutes for Company's distribution of the Service to its customers;
      8. Use the Site or the Service in any way disable, overburden, damage, or impair the Site or Service, or otherwise interfere with any other party's use and enjoyment of the Site or the Service;
      9. Obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Site or the Service;
      10. Use the Site or the Service to transmit any material in violation of Section 3, below.
      11. Use the Site or the Service to:
        ▪ Advocate illegal activity;
        ▪ Engage in conduct that is libelous, defamatory, racist, abusive, threatening, harassing or offensive;
        ▪ Exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
        ▪ Harvest or otherwise collect information about others, including e-mail addresses, without consent;
        ▪ Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate or forge headers or identifiers to disguise the origin of content;
        ▪ Advertise any commercial endeavor (e.g., offering for sale products or services), soliciting funds, or otherwise engaging in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services);
        ▪ Send, transfer or transfer programs that contain viruses, worms or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
        ▪ Disobey any law, policy or regulations in your jurisdiction; or
        ▪ Send or transfer hyperlinks to other sites that contain content that falls within the scope of this Section.
      12. Use the Site or the Service in any other manner that would violate the terms of this Agreement, including provisions with respect to the Intended Purpose of the Site and the Service.

  3. COMMUNICATION USING THE SITE AND THE SERVICE.
    1. COMMUNICATIONS SERVICES PROVIDED BY THE COMPANY. The Site and Service may include forums, bulletin board services, chat areas, message boards, or other message or communication facilities designed to allow you to communicate with the Company, the Internet community, or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Services topic. When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit, or cause to be posted, sent, submitted, published or transmitted, any material that:
      1. You do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
      2. Advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
      3. Is vulgar, obscene, pornographic, or indecent;
      4. Is libelous, defamatory, racist, abusive, threatening, harassing or offensive;
      5. Seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
      6. Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
      7. 3.1.7. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
      8. Advertises any commercial endeavor (e.g., offering for sale products or services), solicits funds, or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services);
      9. Includes programs that contain viruses, worms or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
      10. Disobeys any law, policy or regulations in your jurisdiction; or
      11. Contains hyperlinks to other sites that contain content that falls within the scope of this Section.
    2. TERMINATION FOR VIOLATIONS. YOU UNDERSTAND AND AGREE THAT IF YOUR CONTINUED USE OF AND ACCESS TO THE SITE AND THE SERVICE IS CONTINGENT UPON COMPLIANCE WITH ALL TERMS OF THIS AGREEMENT, AND THAT ANY VIOLATIONS OF THIS AGREEMENT, INCLUDING THE CONDUCT DESCRIBED ABOVE, MAY RESULT IN COMPANY IMMEDIATELY TERMINATING YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICE. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR CONDUCT WHICH VIOLATES THESE TERMS.

  4. CHANGES IN THE SITE AND/OR THE SERVICE.

    Company may modify, suspend, discontinue or restrict the use of any portion of the Site and/or the Service, including the availability of any content you enter or submit to, with, or through the Site and/or the Service, at any time without liability.


  5. TERMINATION.

    At its sole discretion. Company reserves the right to terminate your access to any or all of the Site and/or the Service at any time and for any reason whatsoever, including violation of these Terms. Company further reserves the right to change, suspend, or discontinue all or any part of the Site or the Services at any time without prior notice or liability.


  6. INTELLECTUAL PROPERTY.
    1. INTELLECTUAL PROPERTY RIGHTS. As detailed in this Agreement, the Site, Service, and all worldwide copyrights, trademarks, patents, trade secrets and other intellectual property rights therein (the “Company IP”) are the exclusive property of the Company or its licensors, as applicable. You agree that Company IP is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark, and that you will not use Company IP in any way whatsoever except as permitted by this Agreement. In the event of any third party claim that content you create using the Service infringes on a third party’s intellectual property rights, you accept and acknowledge that the Company will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Further, in such event, you will defend and indemnify the Company against all claims, demands, lawsuits, or other action, including reasonable attorneys’ fees, costs, and damages or payments for settlement of such claims pursuant to Section 8 of this Agreement.
    2. DAMAGES FOR BREACH. You shall be strictly liable for all damages to the Company that result from any infringement or other unauthorized use of Company IP by you.

  7. DISCLAIMER & LIMITATIONS ON LIABILITY.
    1. DISCLAIMER OF WARRANTIES. You understand that Company cannot and does not guarantee or warrant that the Site and/or Service will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge and agree that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of any content or data you enter into the Site and/or the Service. Company further disclaims any responsibility to ensure that any content provided by the Site or Service is complete, accurate and up-to-date.
      YOU AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. THE SITE AND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE CONTENT CONTAINED WITHIN THE SITE AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND SERVICE OR THE SERVERS THAT MAKES THE SITE AND SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE AND SERVICE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR SERVICE. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE SITE OR SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT CONTAINED WITHIN THE SITE AND THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT YOU ENTER INTO THE SITE OR SERVICE.
    2. LIMITATION OF LIABILITY. COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, ANY SERVICE, OR ANY CONTENT CONTAINED WITHIN IS TO STOP USING THE SAME.
      YOU ACKNOWLEDGE AND AGREE THAT INFORMATION PROVIDED BY AND THROUGH SITE AND SERVICE, INCLUDING ANY INSURANCE QUOTES, IS PROVIDED FOR YOUR PERSONAL INFORMATION AND EDUCATION ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE OR LEGAL ADVICE. YOU FURTHER ACKNOWLEDGE AND AGREE COMPANY IS NOT RESPONSIBLE FOR YOUR RELIANCE ON THE INSURANCE QUOTES. COMPANY CANNOT CAPTURE OR ANTICIPATE ALL YOUR INSURANCE NEEDS WHEN PROVIDING THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF YOUR DEDUCTIBLES, THE TERMS OF YOUR EMPLOYER-PROVIDED INSURANCE COVERAGE, THE IDENTITY OF YOUR INSURANCE CARRIERS, AND YOUR HEALTH HISTORY). THEREFORE, ANY INFORMATION PROVIDED TO YOU THROUGH THE SITE AND/OR THE SERVICE SHOULD NOT BE INTERPRETED AS FINANCIAL ADVICE, OR AS A RECOMMENDATION TO BUY OR FOREGO ANY INSURANCE PRODUCT, WITHOUT DOING RESEARCH ON YOUR OWN OR WITH A FINANCIAL PROFESSIONAL. COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OF THE INFORMATION PROVIDED BY OR THROUGH THE SITE AND/OR SERVICE.
      ANY AND ALL INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS (THE "THIRD-PARTY PRODUCTS") AND ARE NOT COMPANY'S PRODUCTS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE THIRD-PARTY PRODUCTS, AND COMPANY ACCEPTS NO LIABILITY IN CONNECTION WITH THE THIRD-PARTY PRODUCTS. ALL THIRD-PARTY PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS.
    3. HYPERLINKING. The Site and Service may hyperlink to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to you, and are not sponsored by, endorsed or otherwise affiliated with Company. Company has not reviewed any of such sites and is not responsible for the content of any linking sites, and any links made directly from the Site and Service to another web page should be accessed at your own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
      BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

  8. INDEMNITY.
    1. INDEMNIFICATION OF COMPANY. YOU AGREE TO INDEMNIFY AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF THE SITE OR THE SERVICE OTHER THAN AS EXPRESSLY AUTHORIZED IN THIS AGREEMENT. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SITE AND/OR SERVICE, INCLUDING CLAIMS BROUGHT BY ANY LOCAL, STATE, OR FEDERAL AGENCY OR OTHER GOVERNMENT BODY.

  9. MISCELLANEOUS.
    1. DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to protect the rights, property or personal safety of the Company, its Users or the public.
    2. DISPUTES. If there is any dispute about or involving this Agreement, the Privacy Policy, the Site or the Service, you agree that such dispute shall be governed by the laws of the State of California, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the state and federal courts of San Diego County, California in connection with any dispute between you and Company arising out of or involving this Agreement, the Privacy Policy, the Site or the Service.
    3. ENTIRE AGREEMENT. This Agreement and the Privacy Policy constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Company with respect to the Site and/or Service. Company may revise this Agreement at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Site and/or the Service after any changes have been made to this Agreement signifies and confirms your acceptance of such changes or amendments.
    4. HEADINGS. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
    5. RELATIONSHIP BETWEEN THE PARTIES. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Site or the Service.
    6. SEVERABILITY. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
    7. WAIVER. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.

  10. CONTACT INFORMATION.

    If you have any questions, or if you would like to report a violation of this Agreement to the Company, please contact us at info@diondemand.com.

  11. STATES WE SERVE.
    1. WHERE WE ARE LICENSED TO SELL INSURANCE
      Below is a list of DIonDEMAND’s insurance licenses by state. Our insurance licenses are held under our corporate name, InStar, Inc. Please note that we can only sell policies to those who reside in the states below. If you do not reside in one of the states below, please do not consider our website to be a solicitation of your business.
      STATELICENSE
      ALABAMA751371
      Alaska100129275
      ARIZONA1138859
      ARKANSAS100147694
      COLORADO500908
      Connecticut2519140
      Delaware1403399
      District of Columbia3090046
      GEORGIA188214
      HAWAII436953
      ILLINOIS100756339
      INDIANA3139469
      Idaho564049
      IOWA1002266828
      KANSAS330890790-000
      KENTUCKY906809
      LOUISIANA684752
      MAINEAGN264278
      MARYLAND2190471
      Massachusetts2000538
      Michigan0108955
      MINNESOTA40465220
      MISSISSIPPI15028582
      Missouri8372253
      NEBRASKA100247452
      NEVADA3140811
      NEW HAMPSHIRE2336428
      NEW JERSEY1603920
      NEW MEXICO100013905
      NORTH CAROLINA1000467969
      North Dakota2000155069
      Ohio1099246
      OKLAHOMA100250478
      OREGON100281660
      PENNSYLVANIA767244
      RHODE ISLAND2327277
      SOUTH CAROLINA206946
      TENNESSEE2327264
      TEXAS2071319
      UTAH562161
      Vermont3144579
      WASHINGTON913536
      WEST VIRGINIA100215256
      WISCONSON100204612
      Wyoming308370