TERMS AND CONDITIONS

Effective Date: October 2nd, 2023

Last Updated: July 1st, 2024

We here at Midas Touch strive to help you end the struggle of finding the perfect insurance quote, insurance product, home equity loan or refinancing, or other services at the best rate(s). In order to help achieve this goal as quickly and efficiently as possible, we collect and utilize consumer information.

Listed below you will find our terms of use for this website. This information may change over time and will be updated accordingly. As such, we encourage you to review this page on a regular basis. If you have any additional questions, comments or concerns about the information contained below, feel free to contact us.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.

By using the site, you will be acknowledging that you have reach this agreement and agreed without limitation or qualification, to be legally bound by this agreement and the terms of the company's privacy policy. If you do not agree to these terms, do not access or use this website. This arbitration agreement includes claims related to our clients, vendors, and Marketing Partners, which are third party beneficiaries of this arbitration agreement.

Services:

Midas Touch's matching service matches consumers with prospective providers that participate in Midas Touch's network of insurance agents or insurance brokers ("partners"). To use the service, you must complete one or more online forms that request specific information from you, including, but not limited to, your name, address, telephone number, email address, date of birth, limited health information, household information, driver's license information, and employment information. Midas Touch's collection and use of this information is subject to this site's Privacy Policy. In order to use this website or the service, you must agree to these terms and conditions as well as the Privacy Policy.

Once you submit the form(s) to Midas Touch, we share your information with one or more participating partners. By submitting the form(s), you understand and agree that you are submitting an inquiry about a insurance or insurance product to Midas Touch and each of the participating partners to whom Midas Touch transmits your request. By submitting the form(s), you are extending an express request to Midas Touch and each of their participating partners with whom your information is shared to contact you by any means (including, without limitation, email, telephone, text and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.

Marketing partners who receive your information from Midas Touch may review your information in real-time to determine the best insurance offers or insurance products for you. Marketing partners may, among other things, verify your personal information, driving record, limited health information, home or mortgage information, or other criteria to find the best insurance offers or insurance products for you. By submitting the form, you agree to allow marketing partners to review, verify, and research your information in such manner.

Midas Touch is not an insurance provider and does not make decisions in connection with insurance providers, nor does it guarantee acceptance into any particular insurance offers or products from its marketing partners. Midas Touch does not guarantee that the price, product, availability, rates, fees, or any other applicable policy terms offered and made available by participating marketing partners are the best terms available in the current market.

Midas Touch does not endorse or recommend the products or any particular marketing partner. It is not an agent of you or any participating partner. Midas Touch is not involved with the partner's use and/or review of your application information or in making a determination about whether you meet a particular partner's insurance offers or insurance products criteria. The partners are solely responsible for their services to you, and you agree that Midas Touch shall not be liable for any damages or costs of any type arising out of or in any way connected with offers for insurance policies or insurance products. You understand that marketing partners may keep your application information, whether or not you qualify for a insurance policies or insurance products with them.

Midas Touch reserves the right to change any information, features and/or functions of the insurance policy or insurance product matching service without prior notice. Midas Touch reserves the right to deny you access to all or part of the services without prior notice, for any reason. It specifically disclaims any responsibility for any errors or delays in providing the insurance policy or insurance product matching services caused by erroneous or false information in any of the application information provided by you or by any technical problems beyond its control.

Disclaimers and Limitations:

THIS WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". Midas Touch EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Midas Touch MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEBSITE AND/OR THE Midas Touch SERVICE IS AT YOUR OWN RISK. Midas Touch AND/OR ITS PARTICIPATING MARKETING PARTNERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY CONNECTED WITH THE USE OF THIS WEBSITE AND/OR SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Midas Touch OR ITS PARTICIPATING MARKETING PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Midas Touch, ITS PARTICIPATING MARKETING PARTNERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity:

As a condition of using this website and/or the services offered herein, you agree to indemnify Midas Touch and its participating marketing partners from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.

Links to Third Parties:

This website may contain links to other websites operated by participating marketing partners or other third parties. Such links are provided for your convenience and reference only. Midas Touch does not operate or control any information, software, products or services available on such third party sites. Its inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CONSUMER ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. BY USING Midas Touch'S SERVICES YOU CONSENT TO THESE RESTRICTIONS. IF YOU DO NOT AGREE TO THESE RESTRICTIONS, DO NOT ACCESS THEIR WEBSITE.

General Terms

These Terms constitute the entire agreement between you and Midas Touch. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by Midas Touch to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Midas Touch may amend these Terms at any time by posting the amended terms on its website. All amended terms are automatically effective immediately, upon posting.

Agreement Upon Submission:

Upon submission of your information, you provide my electronic signature and represent that you am at least 18 years of age and agree to this website's Privacy Policy, CCPA Statement (if applicable), and Terms of Use. Upon submission of your information, you provide my express written consent and authorization to the owner of this website and/or the agents of one or more of the listed Marketing Partners to contact me for marketing and/or telemarketing purposes at the number and address you have provided including your wireless number, using live operators, automated telephone dialing systems, artificial voice or pre-recorded messages, text messages and/or emails, if applicable, even if you have previously registered the provided number on any Federal or State Do Not Call Registry. You understand that my consent is not required as a condition of purchasing goods or services and you may opt out at any time.

If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Website Use are unenforceable. Opt-Out of Arbitration/Class Action Waiver. The Terms & Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first register on the midastouchpr Website. YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.

If you have any questions or comments regarding this notice, please write to us with your specific instructions at:
Attention: Midas Touch, 5442 S. 900 E, Ste. #156, Murray, UT 84117,
or email [email protected].