Terms of Service

Welcome to iEnsure Insurance ("we," "us," "our," or "iEnsure"). These Terms of Service ("Terms") govern your access to and use of www.iensureinsurance.com (the "Website") and any services provided by iEnsure Insurance Group, iEnsure Insurance Solutions, MacCap, LLC, or any affiliated entities (collectively, the "Company").

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must immediately cease use of the Website.

These Terms may be updated at any time without prior notice. Your continued use of the Website following any changes constitutes acceptance of those changes.

2.1 InstaBrain Platform Redirect

This Website serves as an informational and marketing platform only. When you click "Apply" or similar calls-to-action, you will be redirected to https://iensureinsurance.instabrain.io, a separate third-party application platform ("InstaBrain Platform") operated independently of this Website.

2.2 Separate Terms and Privacy Policies

The InstaBrain Platform is governed by its own separate Terms of Service and Privacy Policy. By using the InstaBrain Platform, you agree to be bound by those separate terms. We are not responsible for the terms, policies, or practices of the InstaBrain Platform.

2.3 No Liability for Third-Party Platform

iEnsure Insurance Group, iEnsure Insurance Solutions, MacCap, LLC, and all affiliated entities disclaim all liability for any actions, content, services, or data processing that occurs on the InstaBrain Platform. Your use of that platform is at your own risk.

3.1 No Personal Health Information Collected

This Website does NOT collect, store, or process any Protected Health Information (PHI), medical records, health data, or any information protected under the Health Insurance Portability and Accountability Act (HIPAA). All insurance application data, including personal health information, is collected and processed exclusively through the InstaBrain Platform.

3.2 Limited Data Collection on Website

This Website may collect limited non-sensitive information such as:

• Contact information (name, email, phone number) if you voluntarily submit it via contact forms
• Anonymous analytics data (page views, device type, geographic location at state level)
• Cookies and similar technologies for website functionality and analytics

3.3 No Sale of Personal Data

We do not sell, rent, or trade your personal information to third parties for marketing purposes. Any data collected on this Website is used solely for the purposes disclosed in our Privacy Policy.

IMPORTANT: PLEASE READ THIS ARBITRATION PROVISION CAREFULLY

4.1 Agreement to Arbitrate

Except as otherwise provided below, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any services provided by the Company (collectively, "Disputes") shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

4.2 Waiver of Class Actions

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and the Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or consolidated proceeding.

4.3 Arbitration Procedures

• The arbitration shall be conducted in accordance with AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, as applicable.
• The arbitration shall take place in the county where you reside or another mutually agreed location.
• The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
• Each party shall bear their own costs and attorneys' fees unless otherwise awarded by the arbitrator.

4.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring an action in small claims court if the claim qualifies. Additionally, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

4.5 Opt-Out Right

You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to the following address within 30 days of first accepting these Terms:

Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other parts of these Terms will continue to apply.

5.1 No Warranty

THIS WEBSITE AND ALL CONTENT, INFORMATION, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES (INCLUDING IENSURE INSURANCE GROUP, IENSURE INSURANCE SOLUTIONS, MACCAP, LLC), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Website;
• Any conduct or content of any third party on the Website or any third-party websites;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

5.3 Cap on Liability

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO THE COMPANY IN THE LAST TWELVE (12) MONTHS, WHICHEVER IS GREATER.

6.1 Licensed Insurance Producer

iEnsure Insurance is a licensed insurance producer authorized to sell life insurance products in multiple states. We are not an insurance company. Insurance policies are issued by Fidelity Life Association, a legal reserve life insurance company domiciled in Illinois, established in 1896.

6.2 Not Medical, Legal, or Financial Advice

The information provided on this Website is for general informational purposes only and does not constitute medical, legal, financial, or professional advice. You should consult with qualified professionals before making any decisions based on information found on this Website.

6.3 Coverage Not Guaranteed

Submission of an application through the InstaBrain Platform does not guarantee approval or issuance of a policy. All applications are subject to underwriting approval by the insurance carrier. Coverage amounts, premiums, and policy terms are determined by the carrier based on the information provided in your application.

All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not modify, reproduce, distribute, create derivative works of, publicly display, or exploit any of the content without our express written permission.

You agree to defend, indemnify, and hold harmless the Company, its affiliates (including iEnsure Insurance Group, iEnsure Insurance Solutions, MacCap, LLC), and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Website;
• Your violation of any third-party right, including any intellectual property right or privacy right;
• Any claim that your use of the Website caused damage to a third party.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of such courts.

10.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

10.2 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Website and supersede all prior and contemporaneous written or oral agreements between you and the Company.