Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") govern your access to and use of the websites, forms, and tools owned or operated by Caldera, Inc. (together with any affiliated or related entities, "Caldera," "we," "us," or "our"), including hellocaldera.com and the SherpaQuote (sherpaquote.com) and TrustyQuote (trustyquote.com) brands, and any other site or domain through which you request insurance quotes, information, or related services (collectively, the "Sites"). SherpaQuote and TrustyQuote are brands owned and operated by Caldera, Inc. By accessing or using the Sites, submitting any form, or clicking a button indicating your agreement (such as "See my matches," "Continue," or similar), you acknowledge that you have read, understood, and agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver described in Section 9. If you do not agree to these Terms, you may not access or use the Sites.

2. Description of Service

Caldera operates a lead generation and matching service that allows consumers to submit information in order to be matched with independent insurance agents, carriers, brokers, and other marketing partners (collectively, "Partners") who may contact them about insurance quotes or related products. Submitting a form is a request to be contacted, not a quote. Caldera is not an insurance company, agent, or broker. Caldera does not sell insurance, bind coverage, adjust claims, or guarantee that you will receive a quote, be matched with a Partner, obtain coverage, or receive any particular price or policy terms. Any quote, offer, or communication you receive comes from a Partner, not from Caldera, and any resulting insurance contract is strictly between you and that Partner. Caldera does not receive payment from you, but may be compensated by Partners for sending them your request.

3. Eligibility

You must be at least eighteen (18) years old, a resident of the United States, and capable of forming a binding contract to use the Sites. By using the Sites, you represent that you meet these requirements and that all information you submit is accurate, current, and your own.

4. Your Information and Consent

By submitting a form on the Sites, you authorize Caldera and its Partners, including other financial, insurance, and marketing companies we work with now or in the future, to contact you by telephone (including by automatic telephone dialing systems, artificial or prerecorded voice, and SMS/text message), email, or mail regarding insurance and other products and services, even if your telephone number is listed on a federal or state Do Not Call registry. The specific consent you give is shown next to the button on the form you submit, and that wording controls. Consent to be contacted is not a condition of purchasing any product or service.

Revoking consent. You may revoke your consent at any time by any reasonable means, including replying STOP to a text message, telling a caller you no longer wish to be contacted, or emailing us at privacy@hellocaldera.com. We will honor your request within the time required by law and will pass it along to Partners who received your information.

Your use of the Sites is also governed by our Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use, and share your information, including for joint marketing and advertising purposes, and including with our Partner lists for SherpaQuote and TrustyQuote.

5. No Warranty

THE SITES AND ALL CONTENT, INFORMATION, QUOTES, AND SERVICES PROVIDED THROUGH THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CALDERA DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION SUBMITTED BY YOU OR ANY OTHER USER IS ACCURATE, COMPLETE, OR TRUTHFUL. BECAUSE IT IS DIFFICULT TO VERIFY USER IDENTITY ONLINE, CALDERA CANNOT AND DOES NOT CONFIRM THAT ANY VISITOR IS WHO THEY CLAIM TO BE.

CALDERA MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING ANY PARTNER, OR ANY PRODUCT OR SERVICE OFFERED BY A PARTNER, INCLUDING THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF SUCH PRODUCTS OR SERVICES, OR THE CONDUCT OF ANY PARTNER. PARTNERS ARE INDEPENDENT THIRD PARTIES AND ARE NOT EMPLOYEES, AGENTS, OR REPRESENTATIVES OF CALDERA. ANY CONTRACT YOU ENTER INTO WITH A PARTNER IS SOLELY BETWEEN YOU AND THAT PARTNER AND IS GOVERNED BY THE TERMS OF THAT CONTRACT AND APPLICABLE LAW. IF YOU HAVE A DISPUTE WITH A PARTNER, YOU MUST RESOLVE IT DIRECTLY WITH THAT PARTNER.

Educational content on the Sites, such as articles and guides about insurance, is general information only and is not insurance, legal, or financial advice. Coverage, pricing, and discounts vary by insurer and by state.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CALDERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITES, EVEN IF CALDERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CALDERA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED AND WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

7. Indemnification

You agree to defend, indemnify, and hold harmless Caldera and its officers, directors, employees, shareholders, agents, representatives, and affiliates ("Caldera Parties") from and against any and all claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Sites; (b) your violation of these Terms or any applicable law; (c) your submission of inaccurate, false, or misleading information; (d) your infringement of any intellectual property or other right of any person or entity; or (e) any dispute between you and a Partner or other third party.

8. Intellectual Property

All content on the Sites, including text, graphics, logos, and software, is owned by or licensed to Caldera and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any content on the Sites without Caldera's prior written consent. Insurance company names and logos that appear on the Sites belong to their owners and are shown for identification only; their appearance does not mean that company endorses Caldera.

9. Dispute Resolution: Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ARBITRATE DISPUTES WITH CALDERA ON AN INDIVIDUAL BASIS.

You and Caldera agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Sites, or your relationship with Caldera, including questions regarding the scope and enforceability of this arbitration provision, will be resolved exclusively through final and binding, individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court. The arbitration will be administered by a recognized arbitration provider under its rules for consumer-related disputes. The arbitrator, not any court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.

YOU AND CALDERA EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. Claims brought by or against you must be brought in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. In arbitration, there is no judge or jury, and there is less discovery and appellate review than in court.

You may opt out of this arbitration agreement by sending written notice to Caldera within thirty (30) days of first accepting these Terms. Your notice must include your name, the phone number and email you submitted, and a clear statement that you opt out of arbitration, and must be mailed to Caldera, Inc., Attn: Arbitration Opt-Out, 25 1st Ave SW, Ste A, Watertown, SD 57201-3507, or emailed to privacy@hellocaldera.com. If you opt out of arbitration, you also opt out of the class action waiver in this Section.

10. Governing Law

These Terms are governed by the laws of the State of South Dakota, without regard to its conflict of laws principles, except to the extent governed by the Federal Arbitration Act with respect to Section 9.

11. Changes to These Terms

Caldera may modify these Terms at any time by posting the revised Terms on the Sites. Your continued use of the Sites after any change constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

12. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, except that if the class action waiver in Section 9 is found unenforceable as to a particular claim, that claim (and only that claim) must be brought in court and all other claims remain subject to arbitration. These Terms, together with the Privacy Policy and the consent wording on the form you submitted, constitute the entire agreement between you and Caldera regarding your use of the Sites.

13. Contact

Questions about these Terms may be directed to privacy@hellocaldera.com or Caldera, Inc., 25 1st Ave SW, Ste A, Watertown, SD 57201-3507.