Effective January 2023
Welcome to Breathe Easy Insurance
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICE AND SHOULD LEAVE THE WEBSITE IMMEDIATELY. BY CONTINUING TO USE THE SERVICE OR VISIT THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.
1. Marketing Communications
2. BINDING ARBITRATION AND CLASS ACTION WAIVER
Initial Dispute Resolution. Except for intellectual property and small claims court cases, you and BEZ agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation with BEZ, and good faith negotiations shall be a condition to either party initiating arbitration.
If within a period of thirty (30) days from the time an informal dispute resolution is initiated under the Initial Dispute Resolution provision above (i) the parties do not reach an agreed-upon solution, or (ii) you have not opted out of this arbitration provision in writing using the mailing address below, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
- Unless you and BEZ agree otherwise, any arbitration will take place in the state and county in which you reside. The AAA’s consumer arbitration rules will apply. You can get procedures, rules, and fee information from the AAA, which you can find at www.adr.org.
- You and BEZ agree that for claims within the jurisdictional limit of the small claims court in the state in which you reside, either you or BEZ can choose to bring an individual action in small claims court instead of proceeding in arbitration. Furthermore, if the claims in any request or demand for arbitration could have been brought in small claims court, then either you or BEZ may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that choice in writing. If the limitation on bringing actions to small claims court is found to be invalid, then this provision shall be severable, and the matter will proceed in arbitration. In no way will this provision allow for an action to be brought on a class or collective basis.
- specific facts supporting the claim, the damages you claim to have suffered and the relief you are seeking. The notice requirement is designed to allow BEZ to make a fair, fact-based offer of settlement if it chooses to do so. You cannot proceed to arbitration unless you provide this information. The sufficiency of this notice is an issue to be decided by a court prior to the filing of any demand for arbitration. If you have provided this information and we are unable to resolve our dispute within 60 days, either party may then proceed to file a claim for arbitration. BEZ will reimburse any filing fee that the AAA charges you for arbitration of the dispute. If that arbitration proceeds, BEZ will also pay any administrative and arbitrator fees charged later. If the arbitrator determines that your claim was filed for purposes of harassment or is patently frivolous, the arbitrator will require you to reimburse BEZ for any filing, administrative, or arbitrator fees associated with the arbitration. If you choose to be represented by an attorney and prevail in the arbitration, BEZ will reimburse all reasonable attorneys’ fees, as determined by the arbitrator.
- If any provision of this Section 2 is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Section 2 shall remain operative and binding on you and BEZ. Notwithstanding the foregoing, if for some reason the prohibition on class arbitrations set forth in Section 2.6 cannot be enforced as to all or part of a dispute, then the agreement to arbitrate will not apply to that dispute or part of the dispute.
IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY LITIGATION, ACTION, PROCEEDING, CROSS CLAIM, OR COUNTERCLAIM IN ANY COURT (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO OR IN CONNECTION WITH (i) THESE TERMS OR THE VALIDITY, PERFORMANCE, INTERPRETATION, COLLECTION OR ENFORCEMENT HEREOF OR (ii) THE ACTIONS OF SUCH PARTY IN THE NEGOTIATION, AUTHORIZATION, EXECUTION, DELIVERY, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.
3. Using our Services
You agree that by using this website, you do not obtain ownership rights in any of the website’s text, design, code, graphics or any other aspect of its content. You acknowledge Breathe Easy Insurance Solutions, LLC’s intellectual property rights in the same, and agree not to copy or reproduce any component of the website in any medium (or use any framing techniques to display any aspect of the website) without the advance, written permission of BEZ. You agree that beasyinsurance.com, breatheeasyins.com, and other names, slogans, and graphics on this website are state, federal, and/or common law trademarks of BEZ. Other marks used on the website may be the property of BEZ and/or other companies. Your limited license to use the website is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the website.
4. Age Requirements
You agree that you are at least of age and that, if you are under 16 years of age, you have been given permission by a parent or guardian to access the website. This website is designed for use by adults residing in the United States. If you access this website from outside the United States, you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States.
Notices and Consent to Doing Business Electronically
Scope of Consent. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions through our website(s). To access and retain the Communications electronically, you will need to use a computer with internet access that supports 128-bit encryption, which includes Apple Safari version 4 and above, Google Chrome, Internet Explorer 7.0 or above, Firefox 3.0 or above, or similar software, Adobe Acrobat and hardware capable of running this software. You acknowledge that you can access the electronic Communications in the designated formats described herein.
Mobile Technology. If you are accessing our site electronically through a mobile device, such as a tablet, smartphone, or similar device, you must be able to print and save the transmitted Communications. You can find applications that support printing and saving for most mobile devices through your mobile device’s application store. If your mobile device does not have this functionality, you must access our website through alternate means that provide you with the ability to print and save the Communications.
Withdrawing Consent. You may withdraw your consent to receive Communications electronically by notifying BEZ in writing and mailed to: Breathe Easy Insurance Solutions, LLC, Attn Legal Department, 11035 Aurora Ave, Des Moines, IA 50322.
Changes in Your Contact Information. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. You can also contact us by the phone numbers listed on each BEZ Parties’ website(s).
6. Security and Confidentiality
7. Content Copyright
You agree that you have read the Privacy Notice which is incorporated herein by reference. If you ever upload any material to the website or post any comments on the website, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, and will not defame anyone. BEZ has the right, but not the obligation, to review and/or remove any user posted material.
Any content, ideas, or suggestions you submit through the website will be deemed non-proprietary and will become the property of BEZ with no compensation of any kind due to you for any use by BEZ including, without limitation, the reposting or display of such commentary or ideas. By submitting information to BEZ and/or its affiliates, you acknowledge that BEZ may use that information for commercial and non-commercial purposes and you represent and warrant that you have the ability to lawfully grant BEZ all rights in your submission.
8. Not Legal Advice
We are not a law firm and do not provide legal advice. Our website is not a substitute for legal advice or the services of an attorney.
The accuracy and completeness of the generic legal content on the website is not guaranteed, nor is it guaranteed to be up-to-date. While we try to provide current and accurate legal content, the law changes often and varies from jurisdiction to jurisdiction.
The generic legal content we provide is not intended to address specific circumstances nor is it customized to you and your situation. Thus, if you need legal advice for your specific circumstances, you should contact an attorney licensed in your state.
The use of our website does not create an attorney-client relationship between you and BEZ. We do not review information you provide to us for legal sufficiency or accuracy, nor do we provide legal opinions or recommendations about your legal rights or remedies specific to your circumstances.
9. Warranties and Disclaimers
You represent and warrant that you have the necessary rights to upload or post the content you submit to the website and indemnify BEZ and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on BEZ’s use of the content or idea.
If you create an account or upload or post any content to the website, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the website shall be accurate.
BEZ is not responsible for any websites owned by third parties which may be linked to this website.
You agree that BEZ has no obligation to allow you to use the website and that your access may be denied at any time for any reason.
You may not use the website to break any law. If your actions using the website cause harm to BEZ or any third party, you hereby agree to indemnify BEZ, its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.
10. Modifying and Terminating our Services
In order to keep our services as up to date and secure as possible, we are always updating them. We reserve the right at any time to modify or remove the features or functions of our website(s) with or without notice. You agree that BEZ shall not be liable to you or any third party for any modification, suspension or discontinuance of Service.
11. About These Terms
Your use of this website is at your own risk. Neither BEZ nor its owners, authors, or affiliates offer any representations as to the completeness, timeliness, or accuracy of this website (including, but not limited to, statements made within blogs, comment sections or other posts) or representations as to the percentage or length of time the website will be available for public access. BEZ has no duty to update or maintain this website. BEZ assumes no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.
12. Liability for our Services
BEZ DISCLAIMS ANY AND ALL LIABILITY FOR THIS WEBSITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BEZ DOES NOT REPRESENT THAT YOUR USE OF THE SITE WILL BE WITHOUT PROBLEMS OR WILL BE UNINTERRUPTED.
UNDER NO CIRCUMSTANCES WILL BEZ, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SHAREHOLDERS, PARENT COMPANIES, SUCCESSORS, ASSIGNS, VENDORS OR PARTNERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS ACTIVITIES) WHETHER OR NOT NOTICE OF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN PROVIDED, AND WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORY.
THE TOTAL LIABILITY OF BEZ AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO THIS WEBSITE SHALL NOT EXCEED $100. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
13. User Responsibility
By using or visiting this website, you explicitly agree to hold harmless BEZ and its owners, employees, and affiliates from any and all claims, costs and damages which may arise directly or indirectly from your visit to this website.
14. Governing Law and Venue
If any of aspect of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
Breathe Easy Insurance Solutions, LLC
Attn: Legal Department
11035 Aurora Ave
Des Moines, IA 50322