THIS TERMS OF USE AGREEMENT INCLUDES AN ARBITRATION AGREEMENT, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY BEFORE PROCEEDING.
Welcome to www.careguardgroup.com (the “Website”), owned and operated by Careguard Inc. (“we,” “us,” “our”). This Terms of Use Agreement (“Agreement”) governs your access to and use of our Website, mobile applications, and any tools, forms, matching facilities, or services offered through us (collectively, the “Services”).
By accessing, browsing, or using our Website or Services, you acknowledge that you have read, fully understand, and agree to be legally bound by this Agreement and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these terms, you are not authorized to use the Website and must cease all use immediately.
The Website and Services are intended solely for individuals who are residents of the United States, accessing the internet from a physical location within the United States, and who are at least eighteen (18) years of age. By using our Website, you represent and warrant that you meet all of these eligibility requirements.
Careguard Inc. is an administrative platform and online marketplace not an insurance company, underwriter, lender, insurance agent, broker, or producer. We do not solicit, negotiate, or sell insurance on behalf of any Provider, and we do not provide insurance advice or recommendations. We provide matching tools to help connect individuals and businesses with participating insurance companies, agents, and third-party provider networks (collectively, “Providers”), who are independent of us and solely responsible for any insurance products, quotes, or advice they offer.
All educational material, tools, and content available on this Website are for informational and knowledge guidance purposes only and do not constitute legal, tax, financial, medical, or estate planning advice.
Submitting an inquiry or informational form (a “Qualification Form”) is an administrative request to be matched with Providers and is not an application for insurance or a formal credit application. We do not establish approval standards and cannot guarantee that any Provider will contact you, offer you a quote, or approve you for coverage.
We do not charge consumers a fee to submit inquiries. Instead, we are compensated by Providers via lead generation fees, marketing costs, or advertising fees. This compensation may impact how, where, and in what order conditional offers are displayed on our Website.
All text, graphics, logos, interfaces, data, and software compilation contained on this Website (the "Content") are protected by copyright, trademark, and intellectual property laws and belong exclusively to us or our licensors.
You expressly agree not to:
By submitting your contact information (phone number and/or email address) on our Website, you provide your electronic signature granting express consent to receive marketing calls, emails, text messages, and transactional communications from us and our matched Providers. This includes communications delivered via an automated telephone dialing system (ATDS) or artificial/prerecorded voices, even if your number is listed on a state or federal Do Not Call registry. Consent is not a condition of purchase.
This consent is captured separately and affirmatively at the point you submit your information (for example, via a distinct checkbox or acknowledgment on the applicable webform), and is incorporated into, not superseded by, this Agreement. As of the date of this Agreement, consent to be contacted by multiple, independent Providers through a single submission remains permissible under federal law the FCC’s proposed “one-to-one consent” rule, which would have limited a single consent to one identified seller, was vacated by the U.S. Court of Appeals for the Eleventh Circuit and formally eliminated by the FCC; it never took effect. We monitor this area for regulatory changes and update our consent process accordingly, including carrier-level requirements that may be stricter than current federal law.
You may revoke your consent to receive calls or texts at any time by replying “STOP” to any text message, informing us during any call, or contacting us using the information in Section 13. We will honor revocation requests within ten (10) business days of receipt, consistent with applicable FCC rules, and may send a single confirmation message acknowledging your revocation.
You acknowledge and consent that all telephone calls, chat interactions, and website sessions (including clicks, keystrokes, and scrolling behavior) between you and us, or our third-party service providers, may be monitored, recorded, and retained for quality control, customer support, and fraud prevention purposes.
Commercial emails we send will identify us as the sender, include a valid physical mailing address, and provide a working unsubscribe mechanism, consistent with the CAN-SPAM Act.
We are committed to making our Website accessible to all users, including individuals with disabilities. If you experience difficulty accessing any portion of the Website or Services, please contact us using the information in Section 13 so we can assist you and address the issue.
The Website, content, and Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Careguard Inc. does not warrant or guarantee the accuracy, adequacy, or completeness of any insurance product details, conditional quotes, or validations provided by third-party independent professionals, nor do we guarantee that any matched provider will offer coverage or specific terms.
Under no circumstances shall Careguard Inc. or its affiliates, partners, or contractors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages (including loss of profits, data, or use) arising out of or in connection with your use of the Website, the Services, or any interactions with matched independent experts. To the maximum extent permitted by law, our total liability to you for any and all claims arising under this policy or your use of the platform shall be strictly limited to the amount paid by you, if any, to access our digital properties.
Before initiating any formal legal or arbitration proceeding, you agree to notify us in writing of your dispute and allow us sixty (60) days to work with you in good faith to resolve the issue amicably.
You may opt out of this arbitration agreement by sending written notice to the address in Section 13 within thirty (30) days of first accepting this Agreement. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor we will be required to arbitrate, but all other provisions of this Agreement, including the class action waiver to the extent enforceable, will continue to apply.
If the dispute cannot be resolved informally and you have not opted out as described above, it shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this agreement. You may instead bring an individual claim in small claims court if it qualifies.
If twenty-five (25) or more similar arbitration demands are filed by or on behalf of individuals represented by the same or coordinated counsel within a short period, the parties agree that the AAA’s mass arbitration procedures (or a mutually agreed batching, staged-filing, or bellwether process) shall apply, and that filing, administrative, and arbitrator fees shall be allocated consistent with those procedures rather than as if each demand were filed individually.
This Agreement shall be governed by and construed in accordance with the law without regard to its conflict of law principles. Any legal actions not subject to arbitration shall be brought exclusively in the state or federal courts. This choice of law does not override any consumer protection or insurance-solicitation requirement of your state of residence that applies notwithstanding a contractual choice of law.
We may revise this Agreement from time to time. If we make material changes, we will update the “Last Updated” date above and, where required by law, provide additional notice. Your continued use of the Website after changes become effective constitutes acceptance of the revised Agreement.
We may suspend or terminate your access to the Website or Services at any time, with or without notice, for any reason, including violation of this Agreement. Sections that by their nature should survive termination (including intellectual property, limitation of liability, and dispute resolution) will survive.
If any provision of this Agreement is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us regarding the Website and Services and supersedes any prior agreements. You may not assign this Agreement without our prior written consent; we may assign this Agreement in connection with a merger, acquisition, or sale of assets.
Careguard Inc.
Email: Support@careguardgroup.com
