Terms & Conditions

Last Updated: September 20, 2023

Introduction

Gainbridge Insurance Agency, LLC, a Delaware limited liability company (“Gainbridge®”, “we”, “us” or “our”), is a digital insurance agency platform and wholly-owned subsidiary of Group 1001 Insurance Holdings, LLC (“Group1001”). Group1001™ is an insurance holding company in the United States. Use of this website and any associated mobile applications or online services (this "Site") is subject to, and constitutes consent to, this Site's Terms & Conditions and Privacy Policy.

Consistent with this Site's Privacy Policy, this Terms & Conditions applies to all visitors, users, and others who access this Site ("Users", “you” or “your”). These terms and policies affect your legal rights and obligations, and if you do not agree to be bound by all of these terms and policies, do not access or use this Site. We may revise the Terms & Conditions and Privacy Policy at any time.

The information provided by this Site or in any communication with us containing a link to this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject us to any registration requirement within such jurisdiction or country. Neither this information nor any opinion contained on this Site constitutes a solicitation, recommendation or offer by us to purchase or sell any insurance or annuity product.

In addition to these Terms & Conditions and this Site's Privacy Policy, your relationship with us may be governed by additional terms and policies you have agreed to as an insurance agent, business partner, customer or in another capacity, particularly with respect to any products or services offered by us and our affiliate, subsidiary and parent entities. For example, we will observe more restrictive practices than those described in the Privacy Policy with respect to your personal information where required by law or in other contractual obligations.

Basic Terms

  • You must be at least 13 years old to use this Site.
  • You are responsible for any activity that occurs through any account you maintain on this Site and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employees or customers, we prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to us upon registration and at all other times has been or will be, as the case may be, true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  • You agree that you will not solicit, collect or use the login credentials of other Site users.
  • You are responsible for keeping your password secret and secure.
  • You may not post violent, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content via this Site, and You may not use this Site to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities. You may not create, solicit, or submit unwanted comments or other forms of commercial or harassing communications (e.g., "spam") to any Site users.
  • You may not post private or confidential information via this Site except where explicitly requested by us; including, without limitation, your or any other person's personal information.
  • You may not use this Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state and local) applicable to your use of this Site and your Content (defined below), including but not limited to, copyright and trademark laws.
  • You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post, share, distribute or display on or via this Site.
  • You must not change, modify, adapt or alter this Site or change, modify or alter another Site so as to falsely imply that it is associated with this Site.
  • You may not interfere or disrupt this Site or servers or networks connected to this Site, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Site page is rendered or displayed in a user's browser or device.
  • You may not create accounts with this Site through unauthorized means, including but not limited to, an automated device, script, bot, spider, crawler or scraper.
  • You may not attempt to restrict another user from using or enjoying this Site and you may not encourage or facilitate violations of these Terms & Conditions or any other Site terms or policies.
  • Violation of these Terms & Conditions may, in our sole discretion, result in termination of your Site account. You understand and agree that we cannot and will not be responsible for unsolicited Content posted on this Site and you use this Site at your own risk. If you violate the letter or spirit of these Terms & Conditions, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of this Site to you.

General Conditions

  • We reserve the right to modify or terminate this Site or your access to this Site for any reason, without notice, at any time, and without liability to you.
  • Upon termination, all licenses and other rights granted to you in these Terms & Conditions will immediately cease.
  • We reserve the right, in our sole discretion, to change these Terms & Conditions ("Updated Terms") from time to time. You agree that we may notify you of the Updated Terms by posting them on this Site, and that your use of this Site after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms & Conditions and any Updated Terms before using this Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of this Site from that point forward. These Terms & Conditions will govern any disputes arising before the effective date of the Updated Terms.
  • We reserve the right to refuse access to this Site to anyone for any reason at any time.
  • We reserve the right to force forfeiture of any username for any reason.
  • We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms & Conditions.
  • You are solely responsible for your interaction with other users of this Site, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  • There may be links from this Site, or from communications you receive from this Site, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within this Site. This Site may include third-party content that we do not control, maintain or endorse. Functionality on this Site may also permit interactions between this Site and a third-party web site or feature, including applications that connect this Site or your profile on this Site with a third-party web site or feature. For example, this Site may include a feature that enables you to share Content from this Site or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. We do not control any of these third- party web services or any of their content. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THIS SITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect this Site or your profile on this Site with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on this Site being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/ or associated with you, even if we have not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold us harmless for activity related to the Application.
  • You agree that you are responsible for all data charges you incur through use of this Site.
  • We prohibit crawling, scraping, caching or otherwise accessing any content on this Site via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with our consent).
  • You may only use this Site for lawful purposes and may not take any action that might compromise the security of this Site, render this Site inaccessible to others or otherwise cause damage to this Site or its content. You may not attempt to modify or access any system or information that is not intended for you. You may not use this Site in any manner that might interfere with the rights of third parties. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offence. If you choose to access this Site from outside of the United States of America, you do so on your own initiative and are responsible for compliance with applicable local laws.
  • These Terms & Conditions and any Updated Terms will continue to apply until terminated by either you or us. Your right to access and use this Site terminates automatically upon your breach of any of these Terms & Conditions and any Updated Terms that may apply to this Site . The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license.

Rights

  • You hereby grant to us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through this Site or otherwise provide to us, subject to this Site's Privacy Policy.
  • This Site may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on this Site. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  • You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  • You represent and warrant that: (i) you own the Content posted by you on or through this Site or otherwise have the right to grant the rights and licenses set forth in these Terms & Conditions; (ii) the posting and use of your Content on or through this Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through this Site; and (iv) you have the legal right and capacity to enter into these Terms & Conditions in your jurisdiction.
  • This Site contains Content owned or licensed by us ("Our Content"). Our Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, we own and retain all rights in Our Content and this Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Our Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Our Content.
  • Our name and logo are trademarks of Gainbridge® and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are our service marks, trademarks and/or trade dress, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
  • Although it is our intention for this Site to be available as much as possible, there will be occasions when this Site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, we reserve the right to remove any Content from this Site for any reason, without prior notice. Content removed from this Site may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your Content. In other words, we are not a backup service and you agree that you will not rely on this Site for the purposes of Content backup or storage. We will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of this Site, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  • You agree that we are not responsible for, and do not endorse, other parties' Content posted within this Site. We do not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms & Conditions, you may bear legal responsibility for that Content.
  • Except as otherwise described in this Site's Privacy Policy, as between you and us, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure of any Content you provide.
  • It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send to us Content, information, ideas, suggestions, or other materials, you further agree that we are free to use any such Content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you. You further acknowledge that it is in our sole discretion to share, reproduce, publish, or post on this Site any Content submitted by you or on your behalf.

Contacting Gainbridge® or Reporting Copyright and Other Violations

Please direct any questions or concerns regarding these Terms & Conditions, the Privacy Policy, or this Site more generally to us by phone at (866) 252 9439, or by mail at:

Attn: Website Administrator Gainbridge Insurance Agency, LLC 10555 Group 1001 Way Zionsville, IN 46077

We respect the intellectual property rights of others, and we prohibit users of this Site from submitting, uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights. To report any issues or allegations of infringement, please contact us using the contact information provided above.

Disclaimer of Warranty & Limitation of Liability

The information on this Site is provided "as is." We do not warrant the accuracy of the information provided herein, or on any site accessed from this Site through a hypertext link, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. We will not be responsible for any loss or damage that results from interception by third parties of any information made available to you via this Site. Although the information provided to you on this Site is obtained or compiled from sources we believe to be reliable, we cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

WE ALSO MAKE NO GUARANTEE AS TO THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON ANY SITE TO WHICH YOU GAIN ACCESS THROUGH A HYPERTEXT OR OTHER LINK FROM THIS SITE.

Neither we nor any of our affiliates, subsidiaries, parents, directors, members, officers or employees, or any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or that results from the act or omission of any other party involved in making or maintaining this Site or the data contained herein available to you, or from any other cause relating to your access to, inability to access, or use of this Site or any Content included on this Site, whether or not the circumstances giving rise to such cause may have been within our control or of any vendor providing software or services support. We and our directors, members, officers, employees, and third party vendors also shall have no liability or responsibility of any kind for any loss or damage that you incur as a result of any information contained on any web pages or site maintained by any third party that you access through a hypertext link contained on this Site. In no event shall we or any such parties be liable to you for any direct, special, indirect, consequential, or incidental damages or any other damages of any kind, even if we or any other party have been advised of the possibility thereof. The Terms & Conditions and Privacy Policy for this Site do not create any rights enforceable by third parties.

FOR NEW JERSEY RESIDENTS: Notwithstanding any term herein, these Terms & Conditions do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to invitees; nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence.

Jurisdiction, Governing Law & Severability

Users of this Site shall be bound by all applicable Federal laws of the United States of America, as well as any applicable laws of the state in which you may reside, or where you purchase any products or services from us, if applicable.

The appropriate U.S. federal or state court shall have exclusive jurisdiction for any action or dispute arising out of this agreement or Site.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND GAINBRIDGE® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Gainbridge® agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

If any of these Terms & Conditions is held invalid or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms & Conditions will remain in effect.

Monitoring of this Site

We expressly reserve the right to monitor any and all use of this Site. We are under no obligation to do so and assumes no responsibility or liability arising from the use of this Site.

Privacy and Security

For information on how we use and protect personal information you may provide on this Site, please review the Privacy Policy. You may not use this Site to collect or harvest personal information about other persons or otherwise use this Site in a manner that is inconsistent with their privacy or personal data protection rights.

Indemnification

As a condition of use of this Site, you agree to indemnify us from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees and costs) arising from your use of this Site, including (1) your breach of these Terms & Conditions; (2) your Content; (3) any activity in which you engage on or through this Site; and (4) your violation of any law or the rights of a third party.

Gainbridge Online Terms & Conditions The effective date of these Terms & Conditions is November 5, 2018.