GradGuard

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TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING GRADGUARD.COM. This site and all content, information and services accessible through it (the “Site") is made available by Next Generation Insurance Group, LLC , (“NGI”) a Massachusetts Limited Liability Corporation, and may be used only under the following terms and conditions.

BY ACCESSING AND USING THE SITE YOU ("User") AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement"). If User is accessing and using this website on behalf of any group or entity, User warrants that it has all necessary authority to enter into this Agreement. If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease using the Site immediately.

1  License

1.1 Grant. User is granted a non-exclusive, non-transferable, revocable, limited license to access and use the Site on any single computer for lawful, personal, non-commercial use. NGI may terminate this license without notice at any time and for any, or no, reason.

1.2 Limitations. User may not, without NGI’s prior written permission: (i) link from another Web site to the Site; (ii) post, transmit, copy, download, store, publish, transmit, transfer, sell, sublicense, create derivative works from or otherwise use the Site, or any portion thereof, in any form or by any means except as expressly permitted by this Agreement. User may not alter or modify information and services provided through the Site in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of the Site, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy the Site without NGI's prior written permission.

1.3 Intellectual Property Rights. Unless otherwise explicitly noted, all elements of the Site including, but not limited to, text, articles, logos, trademarks, graphics and overall "look and feel" are the property of NGI. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future. User acknowledges that the Site is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.

2  Privacy.  NGI values the privacy of your information.  Please review the GradGuard Privacy Policy, as it contains important information relating to your use of the Site.

3 Products and Services.  The information and materials provided in the Site are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to NGI’s products and services.  All coverages are subject to the terms and conditions of the insurance policies issued.  Coverages and their availability may vary by state and your individual circumstances, and additional minimal coverage limits may be required in your state.  The products and services offered in the Site are only available in the jurisdictions in which NGI is properly licensed. 

3.1 Grant of License. By submitting data, information and other materials ("Posted Materials") to the Site, User automatically grants, or warrants that the owner of the following rights has expressly granted, to NGI, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Materials, and incorporate Posted Materials into any medium or technology, now known or later developed.

3.2 Lawful Use Only. User will not publish, upload, submit or distribute any Posted Materials on the Site which are unlawful, deceptive, misleading, or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, indecent, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, contain any corrupted data or malicious code that may impair or alter the appearance or functionality of the Site, or give rise to liability or violate any local, state, federal or international law or regulation.  NGI may delete any of User's Posted Materials at any time, without prior notice or User's permission and at NGI's sole discretion.

4 User Acknowledgement.  User acknowledges and understands that use of this Site shall not result in a formal proposal of insurance, an offer of insurance coverage, or a binder of insurance coverage.  Information input by the User into the Site is designed to generate a premium estimate only and does not guarantee that User will be offered a formal proposal of insurance or offer of insurance coverage.  All proposals of insurance are subject to the payment terms of the carrier, and that User has no expectation of privacy or confidentiality of communications occurring through use of the Site.

5 No Legal Advice or Practice of Law.  The information on this Site is designed for informational purposes only. User acknowledges that under no circumstances is NGI, its agents, affiliates or partners, providing legal advice or representation, and that nothing on this Site is intended as a substitute for legal advice from an attorney.

6 Third Party Sites and Content.  At times, the Site may have links to Web sites hosted by other parties (“Third-Party Sites”), or such Third Party Sites have links to the Site.  Third party content, messages and services may appear on this Site or may be accessible through links from this Site.  NGI is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from this Site. User acknowledges that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of, NGI.

7  DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. NGI MAKES NO WARRANTY THAT ACCESS TO THIS SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NGI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF THIS SITE, INCLUDING BOTH THIS SITE AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH THIS SITE, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN THIS SITE, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, OR (D) USER'S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THIS SITE.

8  LIMITATION OF LIABILITY. USER'S EXCLUSIVE REMEDY AND NGI’S, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF THIS SITE WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC NGI PRODUCT  WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL NGI, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO USERFOR ANY CLAIM RELATING IN ANY WAY TO (A) USER'S INABILITY OR FAILURE TO USE THIS SITE PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY NGI, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THIS SITE’S DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE THIS SITE, EVEN IF NGI, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NGI SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.

8.1  Indemnification. User agrees to defend, indemnify, and hold NGI, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney's fees and costs) made by any third party and arising from User’s use of or access to the Site,  any content User posts, submits, transmits or otherwise makes available through this Site, User's violation of the terms and conditions of this Agreement, or the violation of the intellectual property rights of any third party.

9 Limitation of Claims. Except for claims relating to improper use of this Site, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.

10 Modifications to Terms of Use.  NGI reserves the right to modify this Agreement at any time and at its sole discretion. Updated versions of the Terms and Conditions of Use will appear on this Site and become the effective Agreement immediately upon publication. User is responsible for regularly reviewing the Terms and Conditions of Use. Continued use of this Site by User after any such modification of this Agreement constitutes User's assent to such modifications.

11 Entire Agreement. This Agreement embodies the entire understanding between User and NGI with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.

12 Force Majeure. NGI's performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.

13 General Provisions. This Agreement will be governed by and construed under the law of the state of Arizona, U.S.A. without giving effect to any principles of conflicts of law provisions. The parties agree that the state and federal courts sitting in Arizona will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by User without NGI's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.

Updated October 22, 2009

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Privacy Policy

Last modified: March 13, 2012

This Privacy Policy is effective March 13, 2012, and replaces all previous versions of the Privacy Policy. This Privacy Policy explains how Next Generation Insurance Group, LLC ("Next Generation Insurance Group") collects, uses and shares your information. This Privacy Policy applies to all the products, services and websites listed here and offered by Next Generation Insurance Group or its subsidiaries or affiliated companies. Please carefully read our Privacy Policy and if you do not agree to our practices, please do not submit your information or otherwise apply to purchase our products or otherwise interact with Next Generation Insurance Group.

This Privacy Policy is organized in the following sections:

• What this Privacy Policy Covers
• The Information We Collect and Why We Collect It
• The Way We Use Your Personal Information
• Marketing Communication Preferences and Opt-Outs
• Non-Personal/Anonymous Information Collection
• Sharing Your Personal Information
• Security of Your Personal Information
• Use of Cookies and Other Web Technologies
• Linked Websites
• Children's Privacy
• Access To or Correct Your Personal Information
• Updates to this Privacy Policy
• How To Contact Us

What this Privacy Policy Covers

This Privacy Policy covers how Next Generation Insurance Group treats information about prospective, current and former customers, including Personal Information (which is any information that can be used to reasonably identify an individual such as your name, email address, or physical address), which is collected by us when you interact or otherwise do business with us. This Privacy Policy applies to all of the services and products offered by Next Generation Insurance Group and its affiliates, but it excludes services and products offered on other websites that have separate privacy policies and do not specifically incorporate this Privacy Policy.

The Information We Collect and Why We Collect It

We collect information to provide better services and products to all of our users - including processing your insurance quote, providing customer service regarding your insurance policy, advising you of products that you may find useful, and as otherwise required or permitted by applicable law. As a part of our business, we ask for your Personal Information. You may also be asked to submit information about other individuals for the purpose of insuring those individuals. In such instances we may collect third party Personal Information and we will assume that you have the authority to provide us the information.

We may collect information about you in several ways:

• Information we receive from you. For example, many of our products require you to provide your information on applications or other forms provided by you or on your behalf, such as your name, address and date of birth.
• Information about your transactions with us, our affiliates, or others. This may include your policy coverage, premiums and payment history.
• Information we receive from a consumer-reporting agency. This may include your credit history and creditworthiness.

The Way We Use Your Personal Information

Some of the ways we may use your Personal Information include to:

• Process your insurance application, quote or other transaction that you have requested.
• Provide support, service and assistance for our insurance products that you are covered by (including as provided by affiliates and unaffiliated third parties such as underwriters, insurance carriers, benefit providers, and third-party administrators).
• Provide the ability to contact you for product fulfillment packages, customer feedback and support (including as provided by affiliates and unaffiliated third parties).
• Conduct voluntary questionnaires and surveys in order to provide better products to our customers.
• Allow you to forward information to another individual, such as a spouse, parent, guardian, child, friend or co-worker who you believe is interested in receiving the information on your behalf.
• Keep you up to date on the latest Next Generation Insurance Group announcements and marketing offers about products and services offered by us, our affiliates, or our business partners.

Marketing Communication Preferences and Opt-Outs

You may unsubscribe or opt-out from receiving marketing communications by following the unsubscribe instructions included on a particular communication or by sending us a message at the address below. Please be sure to include your name, email address and specific information that you no longer wish to receive to: Next Generation Insurance Group, LLC, Privacy Department, 241 A Street, Suite 400, Boston, Massachusetts or you may email us at: privacy@nextgenins.com.

Please note that you may not elect to stop receipt of communications pertaining to the processing or servicing of your application, product, or account which you may receive periodically unless you cancel that product in accordance with that particular product's terms and conditions.

Federal law also gives you the right to limit some but not all marketing from Next Generation Insurance Group's affiliated companies. You may limit our affiliated companies, such as our financial services affiliates operating under the brand names listed at this webpage from marketing their products or services to you based on certain of your Personal Information that we share with them. This information may include your account history and credit history. Your choice to limit marketing offers from an affiliated company will apply for at least five (5) years from when you tell us your choice. Before your choice to limit marketing expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from any Next Generation Insurance Group affiliated company for at least another five (5) years. If you have already made a choice to limit marketing offers from our affiliated companies, you do not need to act again until you receive the renewal notice. If you prefer to limit the marketing from an affiliated company, please contact us at privacy@nextgenins.com or 866-305-0063. Please note that your choice to limit marketing offers will not apply in certain circumstances as provided under applicable law, such as when you have an account or policy with the affiliated company that is marketing to you. An opt-out request from one joint customer will apply to all joint customers on the policy or account.

Non-Personal/Anonymous Information Collection

In some instances, we may collect non-personal (aggregate or de-identified) data through cookies, web logs, web beacons and other technologies. This information is used to better understand and improve the usability, performance, and effectiveness of our products, services and websites. For example, we may track X number of visitors to one of our website's pages or that Y number of men and Z number of women applied for a quote. However, this use does not identify those individuals nor would we disclose anything that could be used to identify those individuals.

Sharing Your Personal Information

We may share your Personal Information with authorized affiliates and unaffiliated third parties for our everyday business purposes, for example to provide a requested transaction, including processing insurance quotes and related insurance transactions and to provide customer service and support, and as otherwise required or permitted by applicable law.

We may also disclose all of the information we collect, as described above, to companies that perform marketing or other services on our behalf or with whom we have joint marketing agreements. We only provide these companies with the minimum amount of Personal Information necessary to perform the service and we require them by legal agreement to keep your Personal Information confidential and to use it only for the limited purpose of providing such service.

Some of the ways we may also share your Personal Information may be to:

• Respond to subpoenas, court orders, or legal process by disclosing your Personal Information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims and use your Personal Information in this regard as appropriate.

• Investigate, prevent, or take action regarding illegal activities, suspected or potential fraud, situations involving potential threats to the physical safety of any person, violations of Next Generation Insurance Group's terms of use, or as otherwise required by law.

We will ask for your consent before we share your Personal Information with an unaffiliated third party other than as described in this Privacy Policy.

As discussed above, we may share your Personal Information with our affiliates for a variety of purposes. If you prefer to limit the sharing of your Personal Information among our affiliates, please contact us at privacy@nextgenins.com or 866-305-0063. Please note that your choice does not limit us from sharing certain information about your transactions or experiences with us. An opt-out request from one joint customer will apply to all joint customers on the policy or account. If you have already opted out, you don't need to opt out again because your request will never expire.

We comply with any state laws and regulations that may impose additional restrictions on disclosure of Personal Information about consumers in those states for certain purposes.

We maintain the privacy of your personal health information, if any, that we collect as required by applicable state and/or federal law. We will keep confidential any personal health information you provide us, unless such disclosure is authorized by you or is otherwise required or permitted by applicable law.

Security of Your Personal Information

Next Generation Insurance Group is committed to protecting your Personal Information. We restrict access to Personal Information about you to personnel who need to know that information in order to perform their job duties. We maintain physical, electronic, and procedural safeguards that comply with state and federal regulations to guard your Personal Information.

Use of Cookies and Other Web Technologies

Next Generation Insurance Group uses various technologies such as cookies, pixel tags, web beacons, browser analysis tools, and web server logs so that we can collect information to improve user experience and to help us better understand user traffic, navigation and our email effectiveness. These tools collect certain standard information that your browser sends to our websites such as your browser type and your referral website address. We may also collect information about your Internet Protocol (IP) address and clickstream behavior on our websites (for example, the pages you view and the links you click). You can generally remove, block, or disable cookies by using the settings located in your Web browser.

Linked Websites

We may provide links to other third-party websites that are outside our control and not covered by this Privacy Policy. Next Generation Insurance Group is not responsible for the privacy practices of such other websites, and you are encouraged to review the privacy statements posted on these and any website you visit.

Children's Privacy

Protecting the privacy of young children is especially important. For that reason, Next Generation Insurance Group does not knowingly collect Personal Information from children under the age of 13, and no part of our websites are structured to attract anyone under 13.

Access to or Correct Your Personal Information

You can access all your personally identifiable information that we collect and maintain. You may correct factual errors by sending us a request that credibly shows error. Note that to protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Updates to this Privacy Policy

We may update this Privacy Policy from time to time and we will post a notice on this website page whenever it is materially changed.

How to Contact Us

Should you have any privacy-related questions or comments please send an email to: privacy@nextgenins.com.

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