When Insurance Agency, Inc. Terms of Service
“When” Terms of Service
Effective Date/Last Updated: May 19th, 2023
Welcome to When!
These Terms of Service (“Terms”) apply when you access and use our website and use the Services offered by When Insurance Agency, Inc. (“When Insurance,” “we,” “us,” or “our“). From this website, www.forwhen.com (“Site”), we provide you with access to information about certain health insurance offerings and the ability to access and use our Service to help you look for a new individual health insurance at a price that is lower than COBRA coverage. You can use our Service to receive and review health insurance options from third-party insurance providers and apply to purchase a health care insurance plan that is tailored to your needs. The Service, the Site and their Content are collectively referred to as the “Service.”
These Terms govern your access to and use of the Service. Please read these Terms carefully before accessing or using the Service. By accessing or using the Service, you agree that you have read, understood and agree to comply with these Terms. You understand that you are entering into a binding contract with When Insurance when you access and use the Service. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICE.
ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS BEFORE YOU ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND WHEN INSURANCE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ALSO WAIVE A RIGHT TO A JURY TRIAL. THIS ARBITRATION PROVISION LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
We provide the Service through a technology platform that allows you to review, apply for and purchase health insurance coverage from independent third-party insurance providers. The Service also includes certain Content, features, tools and associated online services available on our Site. We do not charge you to use the Service.
Please Note: While When Insurance is not a health insurance provider, When Insurance may receive compensation through commissions paid by third party healthcare insurance providers.
You must be eighteen or the legal age of majority in the state in which you reside to use the Service.
3. CHANGES TO THESE TERMS
We may change these Terms from time to time. We will notify you of any changes by conspicuously posting a notice on the top of the Terms on our Site or by e-mail. All changes to these Terms will be effective immediately upon posting or sending to you. If you continue to access and use the Service after changes to the Terms, that confirms that you have read, understood, and agree to be bound by such changes. Any such changes will not apply to any dispute between you and When Insurance arising prior to the date on which we posted the revised Terms, but instead the previous Terms will apply.
5. PROPRIETARY RIGHTS
The Service incorporates certain text, information, product descriptions, illustrations, materials, designs, images, drawings, audio, video, visuals, graphics, charts, photographs, compilations, data, data bases, data sets, interfaces, icons, software, computer code, hypertext markup language (HTML), scripts, trademarks, trade dress, logos, slogans, names of products and services, and other similar items, including the features, functions, including its design, selection, and arrangement. (“Content”)
The Content is and shall remain the sole and exclusive property of When Insurance or, as applicable, its licensors. The Content is protected by certain copyright, trademark, trade dress or other intellectual property rights (“Intellectual Property Rights”) and may not be used except as expressly provided in these Terms. You do not acquire any rights, express or implied, in the Content when using the Service.
When Insurance, its name, trademarks and logos used on or in connection with the Service are the sole and exclusive property of When Insurance. You may not use our name, trademarks or logos in connection with any product or service that is not under When Insurance’s ownership or control, without When Insurance’s prior written permission. Any unauthorized use of any When Insurance’s name, trademark or logos, is strictly prohibited and may be prosecuted to the fullest extent of the law.
7. USER LICENSE TO USE THE SITE
Provided you comply with these Terms, When Insurance grants you a limited permission (which may be revoked at any time for any reason or no reason) to access and use the Service solely for your personal use. You may not remove any trademark, copyright or other proprietary notices contained on such pages. Any rights not expressly granted herein are reserved by When Insurance.
8. ACCEPTABLE USE POLICY
When you use the Service, you agree to comply with the following Acceptable Use Policy:
a. Compliance with Laws.
You agree to use the Service in compliance with applicable federal, state or local laws, rules or regulations (“Applicable Laws”).
b. Truthful and Honest.
You agree that when using the Service, you will:
- submit only true, correct and accurate information.
- not misrepresent your affiliations with When Insurance or any third party.
- not commit fraud or falsify information in connection with your use of the Service.
- not act maliciously against the business interests or reputation of When Insurance.
- not impersonate or attempt to impersonate another user or person.
c. Protection of Intellectual Property Rights.
You agree not to:
- use the Service in a manner which infringes or misappropriates the Intellectual Property Rights of When Insurance or any third party.
- modify, adapt, translate, copy, distribute, re-publish, transmit, broadcast, display, perform, reproduce, publish, reuse, sell, resell, license, create derivative works of, or transfer the Service or the Content in whole or in part.
- create a competitive product or service offering to the Service.
- incorporate the Content into any database, data set, compilation, archive or cache.
- link to or use the Service in a manner which does or has the potential to, in our sole opinion, damage or dilute the reputation of When Insurance or its third-party providers and the goodwill associated with When Insurance’s names and trademarks.
- create the false appearance that any program, person, or entity is associated with When Insurance.
d. Misuse of the Service.
You agree not to use the Service to:
- harass, annoy, intimidate, or threaten any person.
- attempt to gain unauthorized access to other computer systems from or through the Service.
- interfere with another’s use or enjoyment of the Service.
- send chain letters or junk mail, spam, or use of distribution lists.
- deep link to the Site or access the Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Site or any Content available from the Site.
- share any personal information for which you do not have authorization or consent to share with us.
e. Interference with Operation of the Service.
You agree when you are using the Service not to:
- engage in activities that could render the Service inoperable or make use of the Service more difficult.
- upload, post, or transmit viruses or other malware.
- disrupt, interfere with, or otherwise harm or violate the security of the Service, system resources, accounts, passwords, servers or networks connected to or accessible through the Service.
If you violate this Acceptable Use Policy, When Insurance may not have an adequate remedy at law and monetary compensation may not be a sufficient remedy. In that event, When Insurance may seek immediate injunctive relief, without the need to post a bond. When Insurance reserves all of its statutory and common law rights against any person or entity who violates this Acceptable Use Policy and may suspend or terminate your ability to use the Service for a violation of this Acceptable Use Policy.
9. THIRD PARTY INSURANCE PROVIDERS AND CONTENT
a. Third Party Insurance Providers. You have the ability to purchase health insurance coverage offered by third-party insurance providers using the Service. We are a licensed independent insurance broker. Any insurance quotes displayed on the Site or through the Service are non-binding. The final cost of health insurance coverage is determined by the third-party insurance provider following your application. The insurance policy offerings available to you to you may vary depending on your state of residence. We cannot guarantee that you will be offered coverage by a third-party insurance provider or that your application will be accepted.
c. Quotit. The Service includes health insurance plan information provided by Quotit Corporation (“Quotit Information”). Quotit Information is provided exclusively for your personal non-commercial use. You may not use the Quotit Information for any purpose other than to identify health insurance plans and assist you in applying for health insurance coverage and enrolling in a healthcare insurance plan. Quotit Information is provided on an “as is” basis and is not guaranteed by When Insurance. Use of the Quotit Information may be subject to an end user license agreement. If you purchase insurance products from a third-party insurance provider when using the Service, you will be subject to the terms and conditions of such provider.
d. Recommendations. When Insurance provides recommendations regarding insurance products which may be right for you. However, you are still responsible for making a final decision about what coverage is appropriate for you. We do not guarantee or promise that the coverage your purchase through When Insurance’s website, through consultation with When Insurance or through consultation with a third party is equivalent to your prior insurance coverage or is suitable for your specific needs.
10. TERMINATION AND MODIFICATION OF THE SERVICE
When Insurance reserves the right, in its sole discretion, to modify, suspend, or discontinue at any time, with or without notice, the Service. The Service and your account may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability.
11. YOUR ACCOUNT, PASSWORD, AND SECURITY
a. Creation of Account. If you create an account on the Site, you will need to provide a valid email address, create a password and provide certain personal information to When Insurance including your name, billing address, gender and telephone number. You agree to keep such information current when using the Service. When Insurance has the right to suspend or terminate your account if you fail to comply with these Terms and reserves the right to refuse any and all current or future use of the Service. If you submit the personal information of any person other than yourself in using the Service, you warrant that you have that person’s permission to provide us with that information.
b. Security of Account.
You are responsible for maintaining the confidentiality and security of your account, username, and password. You are fully responsible for all activities that occur in connection with your account or password. You agree to (i) immediately notify When Insurance of any known or suspected unauthorized use(s) of your password or account, or breach of security, including loss, theft, or unauthorized disclosure of your password and (ii) ensure that you log out from your account at the end of each session. When Insurance will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with this Section 11.
12. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR THE SERVICES
a. Termination of Account by You.
You may terminate your account at any time by providing written notice to When Insurance. We may retain any information you have submitted using the Service in our archives. We have no obligation to return any information you have submitted. If you want to retain copies of that information, you must do so before you terminate your account.
b. Suspension or Termination of Your Account by Us.
When Insurance may suspend or terminate your account and/or your access to or use of the Service for any reason, with or without prior notice to you. In such a case, you must immediately cease accessing and using your account and/or the Service. When Insurance shall not be liable to you or any third party for any termination or suspension of your account or any ability to access or use the Service. When Insurance has no obligation to archive or otherwise store any of your information upon suspension or termination of your Account.
13. CONSENT TO COMMUNICATIONS WITH YOU.
By using the Service, you consent to receive communications from us, including via e-mail, text, or phone, even if your number is on a do not call list. You agree that such communications may be generated by an automatic telephone dialing systems.
We or the third-party health insurance providers who provide information using our Service may provide you transactional communications concerning your account, the Service or news concerning us and industry developments. Standard text messaging charges may apply to text messages that we send.
We may also send promotional emails and texts for sales and marketing purposes. If you wish to opt out of receiving such promotional emails and texts, you can unsubscribe from our list by following the unsubscribe options, by emailing us at __________, or by calling us at___________. You may also respond to any promotional text you receive on your mobile device with the word “stop”. You are not required to consent to receive promotional texts or calls as a condition of using our Service. You understand that if you opt-out of receiving all calls or texts, this may impact your use of the Service.
14. AS-IS; DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING THE SITE, THE CONTENT AND THE THIRD-PARTY CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WHEN INSURANCE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING.
WHEN INSURANCE DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE. WHEN INSURANCE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE THIRD-PARTY CONTENT AVAILABLE THORUGH THE SERVICE WILL BE FREE OF VIRUSES OR OTHER MALWARE.
YOUR USE THE SITE AND THE SERVICE AT YOUR OWN RISK. WHEN INSURANCE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SERVICE OR THE THIRD-PARTY CONTENT. YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHEN INSURANCE, THE THIRD PARTY INSURANCE PROVIDER OFFERING PRODUCTS THROUGH USE OF THE SERVICE OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES (EVEN IF WHEN INSURANCE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT. YOU AGREE THAT WE ARE NOT LIABILE TO YOU FOR ANY LOSSES RELATED TO ANY INSURANCE PRODUCTS OFFERED TO YOU OR PROVIDED TO YOU BY ANY THIRD-PARTY INSURANCE PROVIDER.
b. IN NO EVENT SHALL WHEN INSURANCE, THE THIRD PARTY INSURANCE PROVIDERS OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT OF ANY COMMISSIONS PAID TO WHEN INSURNANCE FROM A THIRD PARTY INSURANCE PROVIDER WHEN YOU PURCHASE AN INSURANCE POLICY USING THE SERVICE, OR (B) $100, WHICHEVER IS LESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
d. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless When Insurance, the third-party insurance providers, and its and their officers, directors, employees or agents from and against any claim, demand, damage, loss, liability, complaint, action, judgment, settlement, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, made by anyone in connection with (i) your access to or use of the Service or the Third Party Content, (ii) your violation of these Terms, or (iii) any other acts or omissions relating to the Service. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
17. THIRD-PARTY WEBSITES
18. SOCIAL MEDIA
Links to our social media pages (e.g., Facebook, Twitter, and LinkedIn) are included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on its Social Media Pages, that is not an endorsement of that third party or any product, service or company they represent.
When Insurance welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
20. THIRD-PARTY BENEFICIARIES
These Terms do not confer any rights, remedies, or benefits upon any person other than you and When Insurance, except that the third -party insurance providers who may offer products using our Service are third-party beneficiaries of these Terms.
21. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS
These Terms are subject to Delaware law, without regard to its conflicts of law provisions.
Except with regard to disputes which are subject to arbitration under Section 22 of these Terms, venue for any other dispute arising under these Terms is exclusively in the state or federal courts located in Lake County, Illinois and you expressly agree to the exclusive jurisdiction of those courts.
Any cause of action or other claim with respect to the Service or the subject matter of these Terms must be commenced within one year after the cause of action or claim arises.
22. ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH WHEN INSURANCE ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOCAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding anything to the contrary however, you and When Insurance each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s Intellectual Property Rights or as otherwise permitted in these Terms. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
The arbitration proceeding will be administered using the rules of the American Arbitration Association (“AAA”) before one arbitrator. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
The place of arbitration shall be in Lake County, Illinois, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
This Arbitration Agreement provision will survive the termination of these Terms.
- Time Limitation on Claims.
Subject to Applicable Law, any claim by you arising in connection with the Service must be commenced by you within one (1) year of the Dispute giving rise to the claim.
- Changes to this Agreement to Arbitrate.
If When Insurance modifies this arbitration provision, you may reject that change by sending When Insurance written notice within thirty (30) days of our posting of the change, in which case we will terminate your account(s) and you must stop using the Service.
23. NOTICE FOR INTERNATIONAL USERS.
The Site is not intended for use outside of the United States. The Service is hosted on servers located in the United States and is intended to be viewed by residents of the United States.
24. COOPERATION WITH LAW ENFORCEMENT
When Insurance will cooperate with law enforcement if you are suspected of having violated Applicable Laws. YOU WAIVE AND HOLD WHEN INSURANCE HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
If any portion of these Terms is found to be void, invalid or otherwise unenforceable, then the remaining portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.
b. Entire Agreement.
These Terms constitute the entire agreement between you and When Insurance with respect to your access to and use of the Service, superseding all prior discussions, negotiations or agreements regarding the Service.
c. No Waiver; Force Majeure.
The failure of When Insurance to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by When Insurance. When Insurance shall not be deemed to be in default of any provision of these Terms or for failure in performance resulting from acts or events beyond the reasonable control of When Insurance and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
You may not assign these Terms without our prior written consent.
e. Contact When Insurance.
For purposes of providing notice or if you have any questions regarding these Terms, you can contact When Insurance by
Sending an email to: [email protected]
Sending a letter to:
When Insurance Agency, Inc.
39 Pralls Loop
Highwood, IL 60040