Terms and Conditions of Use

Updated May 14, 2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By accessing ScaleClub.com, using any of our services, and/or accessing and using any other websites where these Terms and Conditions reside (collectively referred to as the "Site"), or any of the Site's Content (as defined below), you agree to the following Terms and Conditions, including binding arbitration (described in Section 2 below), the Scale Club Privacy Policy, E-Sign Consent, and any operating rules, policies, and procedures that may be published from time to time on this Site (collectively, the "Terms"). THESE TERMS GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
If you do not agree to these Terms, you may not access or otherwise use the Site or the Content. The Terms constitute a legally binding agreement between you and Scale Club, LLC (referred to as "we", "us", or "our"), the operator of the Site. References to "Site operator," "we," "us," and "our" include our affiliates, agents, successors, and assigns. The Site is available only to residents of the United States, age 18 or older. By accessing and using the Site, you represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Site does not violate any applicable law.

The Site acts as a portal to facilitate connections between insurance agents, insurance companies, lead aggregators, and other similar parties (each a "Provider") with potential consumers who use the Site to receive insurance or other authorized quotations from a Provider (each, a "Prospect"). All Prospects and potential Prospects that use the Site are collectively referred to as the Site's "Users" (hereafter referred to as "you" or "your"). With a Prospect's authorization, we may collect certain information (a "Lead") about a Prospect and share the Lead with a Provider. We are not responsible for the legality, safety, or quality of the products offered for sale by a Provider, the accuracy of the representations regarding the products, the ability of Providers to sell the products, or the ability of Prospects to pay for the products. We operate as an independent contractor and do not issue insurance contracts or bind coverage. We do not endorse or recommend any Providers or insurance policies. We do not provide insurance, tax, financial, legal, or any other advice. If you desire personal advice or specific policy recommendations, please consult a qualified professional.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. You agree to attempt in good faith to settle any dispute or claim arising between us, which relates to these Terms, your use of the Site, or the Content, including any dispute between you and a Provider (each, a "Claim"), through consultations initiated upon written notice (the "Consultation Notice"). If the Claim cannot be resolved within thirty (30) days, any party may initiate arbitration. Notices to us under this Section should be sent to [email protected]. You agree to arbitrate all Claims that cannot be resolved amicably. This agreement to arbitrate is intended to be broadly interpreted and includes claims arising out of various legal theories. By entering into this arbitration agreement, you waive your rights to a jury trial and to participate in a class action. Arbitration will be governed by the American Arbitration Association ("AAA") under its rules, administered by one arbitrator with relevant industry experience. The arbitrator may award declaratory or injunctive relief only to the individual party seeking relief.

We do not charge Users to access the Site. We grant each User a limited, revocable, non-exclusive license to access the Site and its Content for personal use. This does not include any right of display, copying, aggregation, collection, or derivative use of the Site without our prior written permission.

All Content and the Site itself are protected by copyright and database rights as a compilation and/or collective work. The Content is for personal use only. Copying or storing any Content for commercial use is prohibited without prior written permission. By posting Content on the Site, you grant Scale Club a non-exclusive, sub-licenseable, worldwide, fully-paid, royalty-free license to use and distribute such Content.

You may not, without our prior consent, upload, post, display, reproduce, or distribute any Content, frame the Site, reverse engineer, modify, or use any automated devices or processes to access or data mine the Site. Unauthorized use may result in termination of your license.

We may change, discontinue, or suspend any aspect of the Site at any time, including availability of features, Content, or databases.

By using the Site, you consent to the collection and use of your information in accordance with the Scale Club Privacy Policy, which is incorporated into these Terms. This includes the sharing and sale of your data as described in the Privacy Policy.

We encourage all Users to exercise caution when interacting with anyone via the Site or the Internet.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT. OUR LIABILITY TO YOU SHALL NOT EXCEED (A) THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU, OR (B) $200, WHICHEVER IS GREATER. LEGAL ACTION MUST BE COMMENCED WITHIN ONE YEAR OF THE CLAIM ARISING.

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You agree to release and discharge us and our affiliates from all claims, actions, and liabilities arising out of any dispute with any Provider, Prospect, or other third party connected with the use of the Site.

You agree to indemnify us and our affiliates against any claims, liabilities, and expenses arising from your use of the Site or any breach of these Terms.

If you believe any Content infringes on your intellectual property rights, contact us at [email protected] with the required DMCA information.

Our trademarks may not be used without our prior written permission.

These Terms are governed by the laws of Delaware. Any disputes will be resolved in Delaware courts.

No agency, partnership, joint venture, or employee-employer relationship is created by these Terms or your use of the Site.

Notices to us must be sent to [email protected] and Legal Department, Scale Club, LLC, 848 N Rainbow Blvd Suite 3593, Las Vegas, NV 89107. Notices to you will be sent to the email address you provided.

We may modify these Terms at any time by posting changes on the Site. Continued use of the Site constitutes acceptance of the modified terms.

We are not responsible for the content or availability of external sites linked to the Site.

If any section of these Terms is deemed invalid, the remaining sections will continue to be enforceable.

You acknowledge that you have read and understand these Terms. These Terms constitute the entire agreement between us.

In this E-Sign Consent, the following definitions apply: (i) “You” and “your” refer to you, the User; (ii) “We,” “us,” and “our” refer to the Site operator and its affiliates (including, without limitation, EverQuote, Inc.), agents, successors and assigns. By clicking the “I agree” button, which you adopt as your electronic signature, you consent and agree that:

• We can provide you disclosures required by law, and other information about your legal rights and duties, electronically.
• Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
• We can send all communications and disclosures, including, but not limited to, this E-Sign Consent, the telephone and e-mail contact consent, and the Privacy Policy and Terms of Use (collectively defined as “Disclosures”) to you electronically: (1) via e-mail; (2) by access to a web site that we designate in an e-mail notice we send to you at the time the information is available; or (3) to the extent permissible by law, by access to a web site that we generally designate in advance for such purpose.
• If you would like a paper copy, you can print a copy of the Disclosures or download the information for your records.
• This consent applies to: (1) your use of products and services offered by us; (2) all future Disclosures associated with us; and (3) all future transactions with us, at any time, and to other Disclosures that we provide to you by email, unless you have, prior to such transaction, withdrawn your consent by the procedure mentioned below.

You understand that, to access and retain the electronic Disclosures, you will need the following:

• A computer with an Internet connection.
• A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.
• A valid email address.
• Sufficient storage space to save past Disclosures and/or an installed printer to print them.
• If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add @everquote.com to your email address book.
• You understand that you may request paper copies of the Disclosures, and that we will provide them to you by mail at no charge. You can request paper copies and/or withdraw consent by contacting us at: Scale Club, LLC 848 N. Rainbow Blvd Num 3593, Las Vegas NV 89107

Any withdrawal of your consent to receive electronic Disclosures will be effective only after we have a reasonable period of time to process your withdrawal. You understand and agree that if you withdraw your consent to receive electronic Disclosures, we may—though we are not obligated to—cancel your account. At any time, you can update the email address to which we will send alerts that Disclosures are available. You can change your email address by contacting us at: [email protected] By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you. When we send you an email or other electronic notification alerting you that Disclosures are available electronically and we do in fact make them available online, that shall have the same meaning and effect as if we provided paper Disclosures to you, whether or not you choose to view the Disclosures, unless you had previously withdrawn your consent to receive Disclosures electronically. You understand and agree that Disclosures are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the e-mail address is invalid. You understand and agree that we reserve the right to cancel this electronic Disclosure service, change the terms of use of this service or send Disclosures in paper form at any time. You understand and agree that we are responsible for sending notice of the Disclosures to you electronically including at the email address you have provided, but are not responsible for any delay or failure in your receipt of the email notices.

For questions, contact Scale Club, LLC.