ODIE PET INSURANCE
Terms and Conditions
Effective April 5, 2021
PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) BEFORE USING THIS SITE. By continuing to access or use Odie Pet Insurance Marketing, Inc’s website, data, information, products, applications, or services (collectively “Services”), you acknowledge that you have read and understand these Terms and agree to be bound by them. Please read these terms carefully and keep a copy of them for your reference. If you do not accept or understand all of the Terms, do not access or use this site and cease your current access.
This website is an E-Commerce Site. The purpose of this website is to provide users with the ability to obtain pet insurance quotes as well as the ability to bind and manage a pet insurance policy, its billing and payments, and to submit claims or inquiries to the company. Odie will only provide users with ratings and policy information related to its own proprietary pet insurance program which is managed by Thorson Specialty Insurance Services, Inc. on behalf of PrimeOne Insurance Company and Clear Blue Insurance Group (both as “Company”).
- Conditions of Service.
Odie does not knowingly collect, either online or offline, personal information from persons under the age of 18. You warrant that you are at least 18 years of age and can enter into binding contracts for insurance or other goods. Persons less than 18 years of age may not use this site and must leave immediately.
You further warrant that all information you provide about yourself, your pet, or your organization is true and complete information. You agree to promptly notify Odie of any changes in the information you provided about yourself or your organization or any other material changes that could impact your use of the Services.
You agree that any document or electronic information delivered through the website by “clicking” on the designated spaces in or related to such document shall be deemed to be “in writing” and to have been “signed” and delivered for all purposes by you. Any record of such confirmation (including, without limitation, electronic records) shall be deemed to be “in writing”. You further agree that you shall not contest the legally binding nature, validity or enforceability of any document or confirmation based on the fact that it has been executed by “clicking” on the designated spaces and expressly waives any and all rights you may have to assert such a claim.
You further agree: (i) to comply with applicable U.S. federal, state, and local laws and regulations regarding the transmission of any information obtained from the Services; (ii) not to use the Services for false, fraudulent or illegal purposes; (iii) not to use any device, software or similar technology that interferes or disrupts the operation of this site; and (iv) to comply with the authorized use of and entry into Odie’s systems and Services.
- Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Odie is not responsible for third party access to your account that results from theft or misappropriation of your account. Odie and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
- Automatic Renewal/Account Billing
Your policy will continue until canceled and will renew automatically every year unless you cancel prior to that renewal or your policy is canceled by Odie prior to that renewal. The credit card or payment method associated with your account at the time of renewal will be charged for amounts due on a recurring basis during the original and renewal terms.
- Cancellation/Refund Policy
Your policy will continue until canceled and will renew automatically every year as long as your premium payments are current. If premiums are unpaid, the Company may cancel the policy by sending a notice of cancellation to you at your last known address in accordance with the Policy Conditions filed and/or Amendatory Endorsement approved by each State. If you fail to make a premium payment before the cancellation date the Company will cancel your policy back to the date to which your premiums were pre-paid.
- No Unlawful or Prohibited Use.
- Intellectual Property Ownership.
This website, including but not limited to its trademarks, trade names, service marks, content, materials, designs, text, photographs, video, audio and graphics (collectively “Content”), belong to Odie or to other parties. No one is authorized to use or alter any of the Content in any manner without prior written permission of the owner of the Content.
The Content is protected by U.S. and international copyright law and treaties, and shall not be transmitted, broadcast, copied, adapted, displayed, reproduced, republished, uploaded, downloaded, posted, distributed, performed or otherwise used without the prior express permission of Odie. All Content, databases and other intellectual property rights associated with the Services, whether registered or unregistered, and related goodwill, are proprietary rights of Odie. Your use of and access to this site does not grant you a license or any right to use any of the Content.
Modification of any Content or materials displayed on the website or the use of any materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of Odie and is prohibited.
- Restrictions of Use.
You agree to use the Services solely for your own personal use and benefit or for that of your organization. You may not use this site or the Services for any commercial, financial or other similar purpose without the prior written consent of Odie. You may not sell, represent, or offer to sell the Services without the prior written consent of Odie.
- Liability Disclaimer.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ODIE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ODIE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ODIE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to indemnify, defend and hold harmless Odie, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Odie reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Odie in asserting any available defenses.
- No Legal or Medical Advice.
Any information you access on this website does not constitute a recommendation, advice, or complete description of any products, Services, or plan.
Coverage is provided by various insurance companies and is subject to the terms and conditions contained within your specific policy. The availability of coverage under your specific policy depends on the policy language, the facts of the claim and the law of the jurisdiction governing the interpretation of the policy.
You must not rely on the information on this website as an alternative to legal advice from an attorney nor should you delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action based on the Services or Content.
The medical information on this website is not intended to be medical advice and is not written or endorsed by a medical professional. Odie recommends that medical advice be sought from a trained medical professional, and does not guaranty the accuracy of any medical advice, however obtained.
- Third-Party Services and Links.
Odie may make branded services of third party vendors available to you to help manage your risks (“Third-Party Services”). Although these Third-Party Services may be billed through Odie, Odie assumes no liability for the Third-Party Services or any disputes associated with any Third-Party Services.
- Applications Do Not Bind Insurance.
Your submission of an application for insurance through this website does not bind insurance coverage, and does not obligate any insurance company to provide such coverage. Your application may be used by Odie to provide to you an estimate of the terms, conditions, and costs of coverage. Such a quotation may require the and be subject to the receipt of additional information or other conditions.
- No Guarantee of Services.
Odie is constantly changing and improving its Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. We may terminate, suspend, change, or restrict access to all or any part of the Services, in each case without notice or liability.
Odie also reserves the right to limit the availability of the Services or the provision of any Content to any person, organization, geographic area or jurisdiction, at any time and in its sole discretion.
Odie does not guaranty the performance of any third-party provider of Services.
- Access Outside the United States.
The Service is controlled, operated and administered by Odie from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Odie Content accessed through the website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- Termination/Access Restriction.
Odie reserves the right to terminate your access to the Site Platform but not to the related services or the related insurance policy but will not be terminated without proper state regulatory notice required. This Agreement is governed by the laws of the State of Utah, except for any IL insureds with policies in IL, which will be governed by the State of Illinois. So, except as stated above for IL, you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Odie as a result of this Agreement or use of the Site. Odie’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Odie’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Odie with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Odie with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Odie with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved in accordance with the Policy Conditions and/or in conjunction with any applicable Amendatory Endorsement filed and approved by each State.
- Class Action Waiver.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted, except this provision does not apply for the State of Illinois, that does allow the insured the right to take the Company to court or join a class action lawsuit. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
- Entire Agreements and No Waiver.
The Terms and Additional Terms (and any terms which are incorporated by reference herein or hereinafter implemented) constitute the entire agreement between you and Odie in connection with your use of the Services. The titles contained in the Terms are inserted only as a matter of convenience and have no legal or contractual effect. You agree that the Terms will not be construed against Odie by virtue of having drafted them.
The failure of Odie to enforce any of its rights or act with respect to a breach of the Terms by you or others does not constitute a waiver of any such rights and will not limit Odie’s rights with respect to such breach or any subsequent breaches. No waiver by Odie of any of the provisions in the Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Odie.
- Official Correspondence.
Official Correspondence may be sent to firstname.lastname@example.org or via postal mail to:
Odie Pet Insurance
Attn: Legal Department
136 E South Temple, Suite 1400
Salt Lake City, UT 84111
- Modification of Terms.
Odie reserves the right to change these Terms from time to time and at its sole discretion. The last time these Terms were revised is set forth below. Your continued use of Odie’s website after the last revision date indicates your acceptance of any revisions.