Updated: April 2023

You are visiting a website owned by Avenge Digital, LLC, a Washington limited liability company (“Avenge Digital”).  By visiting this website (“Site”), you are entering into a legal agreement to abide by the terms and conditions you see here (the “Terms of Use”). Please carefully review these Terms of Use, which govern your use of and purchase of products (collectively, “Use”) via the Site.  Your Use of our Site, including but not limited to calling a phone number listed on our Site, constitutes your agreement to follow and be bound by the Terms of Use.  If you do not agree and accept without modification the Terms of Use set forth herein, please do not use our Site or call the phone number listed on the Site.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

For purposes of this Agreement:

• “you” or “your” means the person(s) and/or entity using the Site, and any person(s) and/or entities for whom such person(s) are acting as an agent with respect to the Site; and
• “Avenge Digital” or “We” means Avenge Digital LLC.

The Site is intended only for, and may only be used by, individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America.

Site Services

The Site acts as a portal to facilitate insurance agents, insurance companies, lead aggregators and other similar parties (each a “Provider”) to offer for sale and to sell insurance and other products to potential consumers who have requested via the Site, or called a phone number listed on the site, to receive insurance or other authorized quotations from a Provider (each, a “Prospect”).

Avenge Digital is not a licensed insurance agency or broker and does not provide insurance quotes in accordance with RCW 48.17 or similar state statutes. The information and services Avenge Digital provides is not intended to take the place of professional advice from a licensed insurance agent nor does Avenge Digital provide any evaluation of the insurance providers or their policies. Avenge Digital recommends that all consumers consult with a licensed insurance agent before purchasing any insurance policy.

Avenge Digital does not sell any insurance or bind coverage on its Site. Avenge Digital may, through the Site and via its other websites, and with each Prospect’s authorization, collect certain information about any Prospect (a “Lead”) and sell the Lead (or transfer the Lead, if a caller) to a Provider. As a result, the quality, safety or legality of the products offered by any Provider for sale, the truth or accuracy of the representations regarding such products, the ability of Providers to offer or sell such products, or the ability of Prospects to pay for the products offered are solely the responsibility of each user. Avenge Digital is an independent contractor for all purposes, and Avenge Digital is not responsible in any way for the conduct of any Prospect or Provider. Nor does Avenge Digital endorse or recommend any Providers nor any companies or insurance policies. Avenge Digital does not provide insurance, tax, legal or any other financial advice. Avenge Digital does not guarantee that any of the Providers to whom it forwards any Prospect’s application will contact such Prospect or agree to provide the Prospect with the desired coverage. If you are a Prospect and you would like personal advice or specific policy recommendations, please consult with an insurance agent, broker, or other qualified professional.

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Avenge Digital or its subsidiaries and affiliates. Any use of the Contents without Avenge Digital’s express written consent is strictly prohibited.

Comments, Feedback and Other Submissions

Avenge Digital welcomes your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information.  Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Avenge Digital using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain Avenge Digital’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Avenge Digital of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

The Contents are intended solely for your personal, noncommercial use.  You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

Avenge Digital is ready to assist you and address your concerns—email us at [email protected]  or call (425) 658-9008.

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. AVENGE DIGITAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVENGE DIGITAL DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH AVENGE DIGITAL ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER AVENGE DIGITAL NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. AVENGE DIGITAL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF AVENGE DIGITAL’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AVENGE DIGITAL, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

Disputes

By using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from Avenge Digital through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

By using this Site, Avenge Digital and you unconditionally agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, Avenge Digital and you agree to waive any right to a jury trial or to participate in a class action against the other. In addition, Avenge Digital and you agree that each may bring suit in court to enjoin infringement or other misuse of intellectual property right

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR AVENGE DIGITAL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington.

Links to Other Websites and Services

This Site may include links to other Internet sites maintained by third parties (“Linked Sites”). Avenge Digital provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Avenge Digital of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Avenge Digital Site.  Linked Sites are not under the control of Avenge Digital and Avenge Digital is not responsible for the contents of any Linked Site.

Denial of Access; Entire Agreement

These Terms of Use constitute an agreement that is effective unless and until terminated by Avenge Digital. If in Avenge Digital’s sole discretion you fail to comply with any term or provision of this agreement, Avenge Digital may deny you access to the Site. In the event of denial of access by Avenge Digital, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force.

These Terms of Use constitute the entire agreement between you and Avenge Digital relating to the subject matter addressed herein.

Amendment; Severability

Avenge Digital reserves the right, at its sole discretion, to change or modify the Site or these Terms of Use (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Site. You agree to review these Terms of Use for any such changes upon your use of the Site and that your continued use of the Site, or related services from Avenge Digital, constitutes your acceptance of such changes and modifications. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Privacy Policy

The Avenge Digital Privacy Policy, located at https://avengedigital.com/privacy-policy/, and hereby incorporated by reference into these Terms of Use, explains how we collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.

Miscellaneous

Avenge Digital encourages you to review the other policies posted on this Site. These policies also govern your use of Avenge Digital’s services and products.