Terms and Conditions for use of this Website
Please read these terms and conditions of use carefully before using our website. Your use of our site indicates your agreement with each of them. We reserve the right to modify these terms and conditions at any time without notice. Please visit this page periodically to check for changes.
If we offer, and you create, an online account with us, you agree to the following:
- You may access your account online at www.safedrivers.com by entering your username and password in the appropriate fields.
- We are authorized to act on the instructions we receive under your password without any requirement to question or otherwise verify those instructions.
- We are not liable for any unauthorized access to your personal information that is not directly due to our gross negligence or intentional misconduct.
- You acknowledge, understand, and agree with our electronic transactions agreement. You acknowledge your responsibility to keep your password and other uniquely identifiable information confidential and secret.
- You will notify us immediately and cooperate with us if you believe anyone else has learned your password or if you think anyone has accessed your account without your authorization.
We may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
- Mandatory Arbitration and Class Action Waiver. Instead of suing in court, you and we agree to arbitrate all Claims (as defined below) on an individual, non-representative, and non-class basis in accordance with the terms of this Arbitration Agreement (“Arbitration Agreement”). Neither you nor we shall seek the resolution or adjudication of any Claim in court, other than to compel arbitration as provided below or to confirm, vacate or modify an arbitration award as allowed by law. YOU AND WE AGREE THAT, BY ENTERING INTO THIS ARBITRATION AGREEMENT, EACH IS WAIVING THE RIGHT TO RELIEF IN COURT, TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. SMALL CLAIMS COURT EXCEPTION: AS THE SOLE EXCEPTION TO THIS ARBITRATION AGREEMENT, YOU AND WE RETAIN THE RIGHT TO PURSUE IN SMALL CLAIMS COURT ON AN INDIVIDUAL, NON-REPRESENTATIVE, AND NON-CLASS BASIS ANY CLAIM THAT IS WITHIN THAT COURT’S JURISDICTION. The term “claim” means any and all disputes, claims, demands, and controversies of every kind and whatever nature, arising from, or in any way concerning the SafeDrivers.com platform, its service, your SafeDriver.com account (if applicable), advertising, marketing, communications, your purchases, or these Terms and Conditions (including the formation, performance, alleged breach, interpretation or validity thereof, including the determination and the scope or applicability of this agreement to arbitrate), under any legal theory whether arising at law, in equity, by statute, regulation, ordinance, or otherwise. The term “claim” shall not include any dispute arising under an insurance policy. This Arbitration Agreement shall survive termination, cancellation, or expiration of the relationship between you and us. You and we agree that this Arbitration Agreement evidences a transaction in interstate commerce, governed by, and enforceable under, the Federal Arbitration Act (“FAA”). THIS ARBITRATION AGREEMENT IS INTENDED TO BE BROADLY INTERPRETED. To the extent that applicable law bars the enforcement of an arbitration clause, this arbitration clause shall not apply.
- Notice of Dispute. A party who intends to seek arbitration must first send to the other party, by certified mail, return receipt requested, a written Notice of Dispute (“Dispute Notice”) to provide an opportunity to resolve the Claim informally through negotiation. The Dispute Notice to us should be addressed to: Attn: General Counsel, 5630 University Parkway, Winston-Salem, NC 27105 (the “Notice Address”). The Dispute Notice need to (a) include the party’s contact information (name, address, best way to make contact; (b) describe the details of the Claim; and (b) describe the specific relief wanted. You and we both agree to try in good faith to resolve the Claim for no less than 60 days after receiving a Dispute Notice.
- Arbitration Procedures. If you and we cannot resolve the Claim within 60 days after receipt of the Dispute Notice, you or we may commence an arbitration proceeding by filing a demand for arbitration (“Arbitration Demand”) with JAMS. After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the standard filing fee. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures then in effect at the time of the dispute. The JAMS Rules are available at www.jamsadr.com. The terms of this Arbitration Agreement govern in the event they conflict with the JAMS Rules. Their neutral arbitrator will have the power to adjudicate all issues and questions concerning his or her own jurisdiction, authority or power, and on the existence, scope or validity of this Arbitration Agreement; provided however, that the arbitrator is bound by the terms of this Arbitration Agreement, but he or she has no power inconsistent with Paragraph (5) hereof. If your Claim, including interest, non-monetary loss, attorneys’ fees, expenses and costs, totals $5,000 or less, we agree that you may opt to have the hearing conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by JAMS Rules. If your Claim exceeds $5,000, the right to a hearing will be determined by JAMS Rules. Unless you and we agree otherwise, any arbitration hearings shall be held in the county (or parish) of your billing address, except that if the arbitrator determines that such county lacks adequate facilities for an arbitration, he or she may direct that the arbitration hearing be held at a location with adequate facilities, keeping in mind the goal of holding the hearing near the county of your billing address. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction.
- Attorneys’ Fees and Sanctions. If you prevail in the arbitration and are awarded more than our last settlement offer before appointment of the arbitrator, we will pay your reasonable attorneys’ fees for investigating and pursuing your claim. Notwithstanding the foregoing, if you would be entitled to a larger amount of attorneys’ fees or expenses under applicable law, this Arbitration Agreement does not preclude the arbitrator from awarding you that amount. Except as otherwise provided for herein, we agree not to seek an award of attorneys’ fees in arbitration even if such an award is otherwise available under applicable law. If, however, the arbitrator finds that your Claim is such that it would warrant sanctions under the standards of Rule 11 of the Federal Rules of Civil Procedure, then the arbitrator shall have the power to issue an award to us for all monies previously disbursed by us that otherwise would be your obligation to pay under JAMS Rules and our reasonable attorneys’ fees.
- NO CLASS ARBITRATIONS. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS-WIDE BASIS. THE ARBITRATOR SHALL NOT HAVE THE POWER TO ADJUDICATE CLAIMS ON A CLASS-WIDE BASIS, AND YOU AND WE AGREE THAT EACH SHALL BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE ARBITRATOR SHALL NOT HAVE THE POWER TO CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR TO OTHERWISE ADJUDICATE OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If all or any portion of this Paragraph (5) is found to be unenforceable, then neither party may be required to arbitrate.
- NO CLASS ACTIONS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, AND REGARDLESS OF WHETHER THE CLAIM IS THE INITIAL CLAIM BEING ASSERTED, A COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, YOU AND WE AGREE THAT NEITHER WILL BRING OR REQUEST A CLASS ACTION OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO PURSUE ANY CLAIMS SOLELY ON AN INDIVIDUAL BASIS, AND WILL NOT LEAD, JOIN OR SERVE AS A MEMBER OF A CLASS OR GROUP OF PERSONS BRINGING SUCH CLAIMS. YOU AND WE AGREE THAT NEITHER SHALL JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, NOR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.
- Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it’s permanently barred.
- Rejecting Future Arbitration Changes. You may reject any change we make to the SafeDriver.com Arbitration Agreement (except address changes) by sending us notice within 30 days of the change by U.S. Mail to Attn: General Counsel, 5630 University Parkway, Winston-Salem, NC 27105. If you do, the most recent version of SafeDriver.com Arbitration Agreement before the change you rejected will apply.
- Severability. If any clause in this Arbitration Agreement (other than paragraph (5) above or any portion of it) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.
Choice of Law/Jurisdiction
Use of this website shall be governed by and construed in accordance with the laws of the State of North Carolina without giving any effect to any principles of conflicts of laws. Any dispute concerning this site shall be subject to the exclusive venue of a court of competent jurisdiction in Forsyth County, North Carolina.
Copyrights and Trademarks
Except where otherwise indicated, all materials contained in this website are the proprietary and copyrighted property of our parent company, or its subsidiaries (individually and collectively “we,” “us” or “our”) and/or third party licensors. Our logos, all other service marks and trade names, slogans, and the names of various products and services described within are service marks are owned by us, all rights reserved. All website design, text, graphics, and the selection and arrangement thereof are our exclusive property. Permission to use, electronically copy and distribute the information contained on this website is hereby granted, providing the use is for non-commercial purposes only, that the material is unaltered, and that the our copyright notice appears on all copies.
Any third party tradenames, product names, service marks, or trademarks used in this website are the property of their respective trademark owners.
We do not knowingly permit anyone to post materials that infringe on the intellectual property rights of third parties on our website. If you believe that your work has been copied and is available on our website in a way that constitutes copyright infringement, please notify our designated agent (named below) with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Our designated agent for notices concerning copyright infringement is:
Director of E-Commerce/Marketing
PO Box 3199
Winston-Salem, NC 27102-3199
Email at: email@example.com
Phone: 877-777-3245 or 615-942-2814
Upon receipt of a notice meeting the above requirements, we will respond in accordance with the Digital Millennium Copyright Act to remove or disable access to the material claimed to be infringing or to be the subject of infringing activity. We will also terminate account access by repeat infringers where we deem appropriate.
Disclaimer of Warranties
Our website and the content and materials therein are provided “as is.” We expressly disclaim any and all express or implied warranties or representations of any kind. This includes, but is not limited to, warranties that: the material is of any particular quality or is fit for a particular purpose; non-infringement; that the functional elements contained in the materials will be uninterrupted or error-free; that defects will be corrected; that our website, or the servers that make them available, or any e-mail sent from us are free of viruses or other harmful components or conditions; of that information contained in the website is accurate as of any particular date. We reserve the right to change or terminate all or part of our website at any time without notice. Some states do not allow the disclaimer of implied warranties, so the forgoing disclaimer may not apply to you.
Limitation of Liability
To the extent permitted by law, we will not be responsible for any loss, claim, damages, or injuries that accompany or result from your use of our website whether based in contract, tort, strict liability, or otherwise. These include, but are not limited to, damages or injury caused by any: use of (or inability to use) the website; use of (or inability to use) any site to which you hyperlink to or from this website; failure of performance; error; omission; interruption; defect; delay in operation or transmission; computer virus; or communication line failure. We are not liable for any products offered or not offered by third parties via this platform. We are not liable for any consequential or incidental damages, which are damages intended to compensate someone directly for a loss or injury, damages reasonably expected to result from a loss or injury, or other miscellaneous damages and expenses resulting directly from a loss or injury. Furthermore, except as provided below, we are not liable even if we have been negligent or if our authorized representatives have been advised of the possibility of such damages – or both.
In certain states where the law may not allow us to limit or exclude liability for incidental or consequential damages, the above limitation may not apply. In any event, our liability for all losses, damages, injuries and claims of any kind, whether the damages are claimed under the terms of a contract, or they are claimed to be caused by negligence or other wrongful conduct or any other legal theory, will not be greater than the amount you paid to access our website.
Links to Third Party Sites
For your convenience, our website may contain links to other Internet sites not maintained by us. We do not endorse, promote, or otherwise recommend in any way the products, services or information that may be found through those links. Furthermore, we makes no warranties or representations, express or implied, as to the contents, privacy policies, or products or services offered by such third party sites.
Products are underwritten by the individual carriers in accordance with their rates and underwriting standards. They may not be offered in all states or to all clients.
Rates and/or discounts expressly applicable to an individual's safer, accident and/or violation free driving may be subject to terms and conditions and may also not be available in all states. Carriers who offer to quote users led to them via the SafeDrivers.com website may not have or quote unique safer driver rates.
Mobile Messaging and Email
If you have agreed to receive communications from us via your mobile device or email, you agree that you will be responsible for updating your contact information if it changes and for any fees your wireless service provider charges you for sending and receiving text/data messages. We also do not assume any liability for any losses or damage (a) caused by the disclosure of information to your mobile phone when the phone is another person's possession; or (b) to your data, mobile device, or other equipment unless the damage is directly and solely caused by our gross negligence or willful default. You agree to indemnify, defend and hold us harmless from and against any claims, losses or costs (including reasonable attorneys' fees) if you provided us with a phone number that is not your own or if you violate any applicable state and federal laws and regulations. Remember, you can revoke your consent to receiving email and text messages at any time by notifying us in writing.
Should any provision of our terms and conditions be held invalid, unlawful, or for any reason unenforceable, the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions and shall not affect the enforceability or validity of any remaining provisions.
Us and our affiliates
SafeDrivers.com is an online insurance marketing platform powered by Health Networks Group, LLC. This platform does not operate as a broker or agency but seeks to help safe drivers help themselves when shopping for auto insurance. While this platform operates independently, we are affiliated with insurance companies and agencies that are part of the National General Insurance Group. The full list of companies that make up the National General Insurance Group please visit our privacy statement.
In order to improve the products and services we offer, we may from time to time request certain information about our clients from our trusted partners, this information may include but not be limited to underwriting results and premium, policy inception and duration, and claims experience. We will comply with applicable privacy and information security policies, laws and regulations.
Each referral thank you issued as part of our Recommend-a-Friend Program is a one-time only gift of a fixed amount per verified referral. No cash exchange. While an individual can refer as many friends and family as he or she chooses, an individual can qualify as a verified referral one time only. We have sole and absolute authority and discretion to determine whether a person is a verified referral and to disqualify and/or seek damages from any individual who attempts to tamper with the operation of this program.
We reserve the right to increase or decrease the amount of the voucher in our sole discretion. Revisions will be posted to our website as soon as practical. Verified referrals received after the effective date of the change shall be subject to the revised value. Voucher delivery may be fulfilled by a third party according to its terms and conditions. We reserve the right to cancel or modify this program at any time.
In the event of termination, we will deliver or caused to be delivered vouchers earned prior to the termination. No voucher will be paid for any referral made after the date of termination. Our records will be the official and exclusive source to identify and account for verified referrals. Void where prohibited. Valid only while supplies last.
SafeDrivers operates as an online marketplace and does not act as an agent for any person/company. You acknowledge and agree that you will not engage in any agent activity. You acknowledge that quotes and policies offered (if any) will be done in accordance with the applicable insurance company’s underwriting guidelines and rate filings. Accordingly, we make no guarantee or commitment to you or any person you referred as to policy issuance or the premium rate that will be charged.
This program is subject to the binding arbitration agreement under SafeDrivers.com’s general Terms & Conditions. The voucher source does not sponsor or endorse this program. Your participation constitutes your full and unconditional agreement to these terms and conditions as well as our decisions and/or interpretations under these terms and conditions, which are final and binding in all matters related to this program.