1. Introduction

These Terms and Conditions govern your use of this Website. They are a binding legal agreement between you and Fairbanks Insurance Brokers, Inc. (Fairbanks). By using the Website, you accept these Terms and Conditions and agree to be bound by them. You also agree to be bound by our Privacy Statement incorporated herein.

If you do not accept these Terms and Conditions or any part thereof, or our Privacy Statement, you are not authorized to and must not use this Website.

2. Definitions

The terms “we,” “us,” or “our” mean Fairbanks Insurance Brokers Inc., a California Corporation, and any principal, agent, or subsidiary thereof. The terms “you,” “your,” “customer,” and “user” shall mean you, any users of our Website, and any entity or organization you or such users represent, you hereby represent you have the authority to bind any such entity or organization. The term “Website” means, collectively, our Website and any applications, information, services, email, and other media, through which you have accessed these Terms and Conditions. These Terms and Conditions contain an agreement to arbitrate all claims and disclaimers of warranties and liability.

3. Privacy Statement

By using this Website, you acknowledge that you have read and understand our Privacy Statement. These Terms and Conditions incorporate our Privacy Statement in full, and by agreeing to the Terms and Conditions, you agree to be bound by the terms of the Privacy Statement. You also acknowledge receipt of our Cookies Policy, which is incorporated into our Privacy Statement.

4. Representation of Data Collection

By using this Website, you consent to and agree that Fairbanks may collect data and Personal Data, even if Fairbanks may not ultimately be able to offer you any available products or services or provide any insurance products as requested. When you provide us with any information about yourself or a third party, you agree that Fairbanks reserves the right to use that information for other commercial purposes.

When applying for a commercial automobile insurance policy, you represent that you have provided notice to and obtained consent from your employees that will allow us to obtain any motor vehicle records related to those employees to be used in underwriting decisions.

5. Electronic Copies of Insurance Documents

By using our Website, you consent to receive all insurance documents – including identification cards – in electronic form only to an email address you provide, except where electronic delivery is not allowed by law or regulation.

If you are unable to access information electronically, you are able to call us at (866) 805-3800, and one of our representatives can provide you with a physical copy.

6. Use of Our Website and Content

Unless otherwise stated, Fairbanks and/or its licensors own the intellectual property rights on the Website and material on the Website. Subject to any license which may be granted for use by Fairbanks below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must not: republish material from this Website (including republication on another website); sell, rent, or sub-license material from the Website; show any material from the Website in public; reproduce, duplicate, copy, or otherwise exploit material on this Website for a commercial purpose; edit or otherwise modify any material on the Website; or redistribute material from this Website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within Fairbanks.

This Website is provided “as is” without any representations or warranties, express or implied. Fairbanks makes no representations or warranties in relation to this Website or the information and materials provided on this Website. Without prejudice to the generality of the foregoing paragraph, Fairbanks Insurance Brokers Inc. does not warrant that: this Website will constantly be available, or available at all; or that the information on this Website is complete, true, accurate, or non-misleading. Nothing on this Website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional. Fairbanks reserves the sole right to suspend or discontinue this Website at any time in our sole discretion and without prior notice or consent.

7. Prohibited Activities

You are responsible for anything you transmit to or through Fairbanks’ Website or to Fairbanks through email, short message service or text, voice calls, Facebook, Twitter, LinkedIn, Instagram, Google Review, Yelp, or any similar service. You represent that your transmissions to Fairbanks are and will be truthful, accurate, not misleading, and offered in good faith and that you have the authority to transmit such information. In using this Website, you agree that it is solely your responsibility to avoid certain activities that we deem, at our sole discretion, to be prohibited. These prohibited activities include, without limitation:

Use of the Website by anyone under the age of 18.

Criminal or tortious activity, including but not limited to (i) fraud or misrepresentation, (ii) harassment (such as verbal harassment), (iii) infringement or misappropriation of a third party’s copyright, trademark, patent, trade secret, or other intellectual property, (iv) slander, libel, defamation, or use of content that is obscene, pornographic, vulgar or offensive, (v) use of content that promotes discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group, and (vi) content that promotes illegal or harmful activities or substances;

Advertising to, or solicitation of, any user to buy or sell any products or services;

Attempting to impersonate, or impersonating, another user or entity;

Using a false email address, phone number, postal address, or contact information. You are also prohibited from using an email address, phone number, address, or contact information of another entity or person without authorization;

Attempting to access or search the Website or engaging in any automated use of the Website, such as using scripts, spiders, crawlers, bots, data mining tools, or the like to collect data, send comments or messages, post on forums, and/or request information;

Attempting to probe, scan, or test the vulnerability of any Fairbanks system or network or breach any security or authentication measures;

Interfering with, disrupting, or creating an undue burden on our Website or the underlying networks;

Accessing or tampering with non-public areas of the Website, computer systems, or the technical delivery systems of our providers;

Avoiding, bypassing, removing, deactivating, impairing, descrambling otherwise circumventing any technological measure implemented by Fairbanks or any of Fairbanks’ providers;

Using meta tags or other hidden text or metadata utilizing a Fairbanks trademark, logo, URL, or product name without our express written consent;

Using information or scraping information from our Website for any purpose whatsoever;

Using the Website for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms and Conditions;

Using the Website to send altered, deceptive, or false source-identifying information;

Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website;

Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, or spamming the Website;

Collecting or storing any personally identifiable information from the Website from other users of the Website without their express permission;

Using our Website in a manner inconsistent with any and all applicable laws and regulations and encouraging or enabling any other individual to do any of the foregoing.

We may restrict, suspend, or terminate your use of or access to our Website as a result of a violation of the Terms and Conditions; or change the content, without providing notice at our discretion, as permitted by law.

8. Monitoring of Website

Fairbanks reserves the right, but has no obligation to, monitor our Website for your or third-party violations of the Terms and Conditions; take appropriate legal action against anyone who violates the Terms and Conditions; refuse or restrict access to or availability of any user’s interaction with the Website; or otherwise disable all files and content at our discretion, and otherwise manage the Website in order to protect the rights and property of Fairbanks and its customers.

9. Disclaimers and Limitations on Liability

Fairbanks makes no warranty of any kind whatsoever – express or implied – with respect to the contents of its Website. Fairbanks hereby specifically disclaims any and all implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. You expressly agree that your use of our Website is at your sole risk. It is solely your independent duty and responsibility to verify and evaluate the accuracy, correctness, reliability, and completeness of any information contained herein. We make no warranty or guarantee that any content available for downloading is free from infection from any computer programming or other glitches which may contaminate, damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees – express or implied – regarding quotes or offers provided on or through our Website.  

10. Representations and Disclaimers Related to Products

Fairbanks makes no representations, warranties, or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by insurers through our Website. Fairbanks believes the content provided through its Website to be accurate, complete, and current. However, inadvertent technical or factual inaccuracies may arise, and therefore, Fairbanks does not warrant that its content is accurate, complete, and current. Content that Fairbanks provides through its Website is meant to assist you with insurance decisions. However, such information merely constitutes a general description of insurance coverage potentially available. Any particular coverage provided to you by any insurance company or other third party is subject to that company’s terms, conditions, exclusions, and underwriting practices. You must submit a complete application to obtain a particular coverage. Issuance of insurance coverage is dependent on underwriting approval from the insurer to which you are applying for coverage; availability and coverages may vary by state. We also recommend that you obtain additional information and advice from your accountant, attorney, and other advisors that can take your individual circumstances into account. The insurance policy you purchase forms the exclusive contract between you and the insurer or other third party, and you agree to not rely on the general information or descriptions of coverage made available through Fairbanks’ Website. You hereby release Fairbanks of any loss, cost, damages, or claim in connection with or arising from your purchase of any insurance policy, including any fees charged.

11. Representations to Us

By using our Website, you represent and warrant to us that:

You are at least 18 years of age. If you are not over the age of 18, you are not authorized to use this Website.

You are authorized to purchase and bind this insurance on behalf of the entity applying for coverage.

You authorize Fairbanks, if necessary, as well as its agents and representatives, to obtain consumer reports covered under the Fair Credit Reporting Act (“FCRA”) from a credit reporting agency.

If you are applying for workers’ compensation insurance, it may be necessary for the insurer you are applying to access your prior, current, and future experience rating worksheets and risk history report for the purposes of insurance underwriting. To the extent required, you authorize such actions.

If any of the above statements are not true, you should not and are not authorized to use our Website.

12. Indemnification and Hold Harmless

By using our Website, you agree to indemnify, defend, and hold harmless Fairbanks and its agents against any claim, cost, fine, or damages, including attorneys’ fees, arising from, or related to your use of our Website.

13. Assignment

You may not transfer, assign, or license your rights under the Terms and Conditions without our prior express and written consent.

14. Policy Cancellation or Non-Renewed

Any insurance policy issued through this Website is subject to the terms and conditions of the issuing insurance company. Any policy may be canceled or non-renewed for nonpayment or other reasons in accordance with state regulations, including termination of the policy for a single claim or loss where allowed.

Fairbanks is not responsible for any such cancellation or nonrenewal, which is at the sole discretion of the issuing insurance company.

15. Void Where Prohibited

Our Website is intended for use in those areas in the United States where we, our affiliates, our brokers, or our agents are licensed and permitted to sell insurance products. Although our Website may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.

16. Governing Law and Jurisdiction

You agree that the Terms and Conditions and any incorporated Privacy Statement are governed and interpreted by the laws of the State of California without regard to principles of conflicts of law. By using our Website, you agree to personal and exclusive jurisdiction of the state and federal courts of California in order to resolve any dispute arising from your use of the Website, including but not limited to the enforcement of any arbitration agreement. You further agree to waive any objection to such jurisdiction or venue.

17. Arbitration Agreement and Waiver of Class Remedies

(a) Arbitration Agreement

Any controversy or claim arising out of or relating to the Terms and Conditions shall be finally resolved by binding arbitration following the parties’ best efforts to settle such dispute, claim, question, or disagreement. If a binding arbitration occurs, it shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and its procedures for consumer disputes, except for any rules or procedures permitting class actions or otherwise contradictory to the Terms and Conditions. An arbitrator shall have exclusive authority to resolve all disputes, including whether this or any other provision contained in the Terms and Conditions is void or voidable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction and in accordance with the Governing Law and Jurisdiction clause herein.

The parties understand that absent this Arbitration Agreement provision, they may otherwise have the right to sue in a court of law and may have the right to a trial by jury. While arbitration is intended to be more cost-effective, in some instances, the cost of arbitration may exceed the cost of civil litigation in a court. Moreover, the rules and procedures of arbitration may limit discovery.

(b) Waiver of Class Remedies

The parties agree that any arbitration shall be conducted only in their individual or single entity capacity, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable or that arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.

(c) Exception: Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, relief may also be sought in a small claims court for disputes or claims within that court’s jurisdiction—subject to the Governing Law and Jurisdiction clause of the Terms and Conditions.

(d) Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration agreement and class action provisions of this section by sending written notice of your decision to opt out to the following address:

Such notice must be sent within thirty (30) days of the initial use of our Website, or else you shall be bound to arbitrate disputes in accordance with these Terms and Conditions. Any such opt out shall be mutual. We reserve the right to terminate your use of our Website should you opt-out.

18. These Terms and Conditions are Not Subject to Oral Modification

These Terms and Conditions may not be modified through oral agreement or statements. Fairbanks and Fairbanks alone have the authority to modify these Terms and Conditions in writing at its sole and absolute discretion.

19. Communications With Fairbanks

When you submit contact information to us as part of a request for a quote, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications. In communications arising out of your request for insurance quotes, you agree to these communications even if your phone number is on a “do not call” list.

20. Severability

In the event that any provision contained within these Terms and Conditions is deemed to be ambiguous, invalid, or unenforceable, such finding shall apply only to that provision, and the remaining provisions of the Terms of Conditions remain in full force and effect.

21. Non-Waiver

Neither party shall be deemed to have waived, in whole or in part, any of its rights granted herein by its failure to exercise, in whole or in part, any right herein.

22. Entire Agreement

The Terms and Conditions and only those Policies or Notices expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied.

23. Notification of Changes

At its sole discretion, Fairbanks may amend these Terms and Conditions from time to time. We will post any such material changes to our Website along with a notice indicating that the Terms and Conditions have changed when practicable. However, any amendments to these Terms and Conditions shall be enforceable when posted to the Website, whether separate notice is included or not.

24. Notice

In the event Fairbanks chooses to provide you with notices under or related to these Terms and Conditions, you consent to receive such notices or related communications electronically. You further agree that any such communication as described herein satisfies any legal requirement that the communication must be provided in writing.

25. Contact Fairbanks

If you have any questions about the Terms of Service or wish to notify us in relation to your use of our Website, you may contact Fairbanks by email at info@contractorsinsurancecompany.com, by phone at (866) 805-3800, or by postal mail at: 7545 Irvine Center Dr., Suite 200, Irvine CA 92618.