Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Orange Marmalade Inc., a corporation with offices at 62 Hypolita St, Saint Augustine, FL 32084 (“AutoShld,” “we,” “us,” “our”). They govern your access to and use of www.autoshld.com and any related pages, forms, and messaging programs (together, the “Service”).

By using the Service you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service.

Section 01Eligibility

You must be at least 18 years old and a resident of the United States to use the Service. The Service is not directed to anyone under 18, and we do not knowingly collect information from minors. If you submit a request on behalf of another person, you represent that you have that person's authorisation to provide their information and consent.

When you provide a telephone number, you represent that you are the subscriber of that number or its customary user with authority to consent to contact on it, and that the number is not assigned to a service for which the called party is charged in a way that would make the contact unlawful.

Section 02What AutoShld is, and is not

AutoShld is a free comparison and referral service. Its function is to show you modelled average insurance costs for a geographic area and, if you ask, to transmit the information you submit to third-party insurance carriers, agencies, and marketing partners so they can contact you with quotes and offers.

AutoShld is not an insurance company, insurance agency, broker, or producer. We are not licensed to transact insurance in any state. We do not:

• underwrite, issue, sell, solicit, negotiate, or bind any policy of insurance;
• set premiums, determine eligibility, or make any coverage decision;
• provide insurance advice, or recommend particular coverage limits, deductibles, or carriers for your circumstances;
• act as your agent, broker, or fiduciary; or
• handle, adjust, or pay claims.

All of the above is done exclusively by the licensed insurers and licensed producers you may be connected with. Nothing on the Service constitutes an offer of insurance or a binder of coverage.

Section 03Rate estimates are not quotes

The rate figures the Service displays for a ZIP code are illustrative estimates. They are modelled from publicly reported state-level average premium data, adjusted for metropolitan areas where higher average rates are documented. They are provided for general informational purposes only.

You acknowledge and agree that these figures:

• are not quotes, offers, or solicitations of insurance;
• do not reflect your driving record, age, credit-based insurance score, vehicle, mileage, claims history, coverage limits, deductibles, or any discount you may qualify for;
• may differ materially, in either direction, from any premium you are actually offered;
• may be out of date, since insurer rate filings change and averages are republished periodically; and
• must not be relied upon as the basis for any decision to buy, cancel, lapse, or modify insurance coverage.

Only a licensed insurer can quote you a premium. Never cancel or allow existing coverage to lapse on the strength of an estimate shown here.

Section 04Third-party insurance partners

When you submit a quote request, we may transmit the information you provided to one or more third-party carriers, agencies, aggregators, or marketing partners. A current list is maintained on our partner list. We may be compensated by these partners for referrals made through the Service.

Partners that receive your information through the Service are contractually required to use it only to respond to the quote request you submitted, consistent with the consent you provided, and may not use it for their own independent marketing or promotional purposes. We do not endorse, guarantee, or warrant any partner's products, prices, licensing status, service, or conduct, and we are not responsible for the acts or omissions of any partner. Any policy you purchase is a contract solely between you and that insurer.

We may also receive information about you from lead sources, publishers, and marketing affiliates who represent to us that they obtained your consent. If you believe your information reached us without your consent, contact privacy@autoshld.com and we will investigate and delete it.

Section 05Your submissions

You are responsible for the accuracy of everything you submit. You agree to provide true, current and complete information, and not to submit another person's information without their permission. Submitting false, fabricated, or third-party information without authorisation is a material breach of these Terms and may be unlawful.

By submitting information you grant us a non-exclusive, worldwide, royalty-free licence to use, store, reproduce and transmit that information for the purposes described in these Terms and the Privacy Policy, including transmission to insurance and marketing partners.

We retain records of your submission, including the consent language displayed to you, timestamps, IP address, and user agent, as evidence of the transaction and of any consent you gave. See the Privacy Policy for retention periods.

Section 06Accounts

You do not need an account to view rate estimates. If an account is issued to you, you are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at support@autoshld.com of any unauthorised use. We may suspend or terminate any account at any time, with or without notice, for breach of these Terms or for any other reason.

Section 07Text message program

If you provide prior express written consent, AutoShld (Orange Marmalade Inc.) may send you recurring automated marketing and informational text messages about auto insurance and related offers at the mobile number you provided.

Replying STOP to a AutoShld message stops messages from AutoShld. It does not automatically stop messages from a third-party partner that separately contacts you; reply STOP to that sender as well, or submit a request through our opt-out form and we will pass your request to partners we shared your information with.

Calls and messages may be placed using an automatic telephone dialing system or an artificial or prerecorded voice. Calls may be monitored or recorded for quality and compliance.

Section 08Acceptable use

You may not:

• use the Service for any unlawful purpose, or in violation of any applicable federal, state, or local law, including the Telephone Consumer Protection Act and state insurance codes;
• scrape, crawl, harvest, or use automated means to extract rate data, content, or partner information from the Service;
• submit fraudulent, incentivised, co-registered, or otherwise non-consensual leads;
• reverse engineer, decompile, or attempt to derive the source of any part of the Service;
• interfere with, overload, or attempt to gain unauthorised access to the Service or its infrastructure;
• reproduce, republish, distribute, sell, sublicense, or create derivative works from any part of the Service without our prior written consent;
• frame or mirror the Service, or use our name, marks, or content in any manner likely to cause confusion about affiliation or endorsement;
• impersonate any person or misrepresent your affiliation with any person or entity; or
• use the Service to transmit malware, spam, or unsolicited commercial communications.

Section 09Intellectual property

Except for information you submit, all content on the Service — including text, layout, design, graphics, logos, the AutoShld name and mark, rate models, compilations, and software — is owned by Orange Marmalade Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, revocable, non-transferable licence to access and view the Service for your personal, non-commercial use. No other rights are granted.

Third-party carrier names and marks that may appear on the Service remain the property of their respective owners and are used for identification only; their appearance does not imply endorsement or partnership unless expressly stated.

Section 10Disclaimer of warranties

THE SERVICE, INCLUDING ALL RATE ESTIMATES, CONTENT, AND REFERRALS, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT ANY RATE ESTIMATE IS ACCURATE, CURRENT, OR ACHIEVABLE; THAT YOU WILL BE MATCHED WITH ANY PARTNER; THAT ANY PARTNER WILL CONTACT YOU, OFFER YOU COVERAGE, OR OFFER ANY PARTICULAR PRICE; OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

Section 11Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MIND SPOT INC., ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM RELIANCE ON A RATE ESTIMATE, FROM A LAPSE OR CANCELLATION OF COVERAGE, FROM AN UNINSURED LOSS, OR FROM THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PARTNER.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100). Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

Section 12Indemnification

You agree to indemnify, defend and hold harmless Orange Marmalade Inc. and its officers, directors, employees, agents and licensors from and against any claim, demand, loss, liability, damage, fine, penalty, cost, or expense (including reasonable legal fees) arising out of or relating to: your use of the Service; your breach of these Terms; information you submitted that was false, unauthorised, or provided without the necessary consent; or your violation of any law or the rights of any third party.

Section 13Disputes, arbitration, and class action waiver

Informal resolution first. Before starting any proceeding, you agree to contact us at legal@autoshld.com with a written description of the dispute and the relief you seek, and to allow us 30 days to resolve it.

Binding arbitration. If the dispute is not resolved, you and Orange Marmalade Inc. agree that any dispute arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Bergen County, New Jersey, or conducted remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. YOU AND MIND SPOT INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to any claim, that claim is severed from arbitration and proceeds in court.

Nothing in this section prevents either party from bringing a qualifying claim in small claims court, or from seeking injunctive relief for infringement or misuse of intellectual property.

Section 14Governing law and jurisdiction

These Terms are governed by the laws of the State of New Jersey and applicable US federal law, without regard to conflict-of-laws principles. Subject to section 13, the state and federal courts located in Bergen County, New Jersey have exclusive jurisdiction, and you consent to venue there. The Service is intended for use within the United States; we make no representation that it is appropriate or available elsewhere.

Section 15Changes, severability, and assignment

We may modify these Terms at any time. The “Effective” date at the top will be updated, and material changes will be highlighted on this page. Your continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Service.

If any provision is held unenforceable, it is modified to the minimum extent necessary and the remainder stays in force. Our failure to enforce a provision is not a waiver of it. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our written consent. These Terms, together with the Privacy Policy and CCPA Notice, are the entire agreement between us regarding the Service.

Section 16Contact

Questions about these Terms: