Terms & Conditions.

AGREEMENT TO THESE TERMS

These Terms & Conditions (“Terms”) govern your access to and use of ExploreMyInsuranceOptions.com (the “Site”) and related services provided by Open Management Group LLC (“Open Management Group,” “OMG,” “Company,” “we,” “us,” or “our”).

Open Management Group LLC is a Wyoming limited liability company with a mailing address at:

ExploreMyInsuranceOptions.com is a privately owned advertising, technology, informational, and insurance-agency directory platform. OMG is not an insurance carrier. Unless expressly disclosed otherwise, OMG does not provide insurance-producer services through the Site.

OMG does not itself provide or bind insurance quotes, recommend or negotiate insurance coverage, accept insurance premiums, make underwriting decisions, or issue insurance policies through the Site. Insurance-related advice, quotations, applications, and transactions are provided by independent licensed insurance agencies and, where applicable, insurance carriers.

Certain portions of the Site expressly ask you to agree to these Terms. When a button, checkbox, or other electronic control clearly states that clicking or selecting it constitutes agreement to these Terms, your affirmative action constitutes agreement to these Terms, including the Binding Arbitration Agreement and Class Action Waiver in Section 20.

Examples may include an “Agree & Continue” action associated with the online Contact Request process and an “Agree & Request Quote” or similar final-submission action.

If you do not agree to these Terms, do not take an action indicating your agreement.

Our Privacy Policy and privacy notices describe our information practices. Agreement to these Terms does not, by itself, constitute consent to optional analytics, advertising, session documentation, call recording, marketing communications, or other processing for which the Site or applicable law requests or requires a separate affirmative choice.

The Site and online Contact Request process are intended for persons who are at least 18 years old and located in the United States.

1. OUR SERVICES

ExploreMyInsuranceOptions.com provides educational information, advertising services, technology services, directory services, and tools that enable consumers to identify and request communication from independent licensed insurance agencies.

The Site may collect limited routing information, such as ZIP code and property type, before identifying a participating insurance agency. Additional property, insurance, and contact information may be requested later in the Contact Request process.

OMG does not use the Site to determine:

• what insurance coverage you need;
• whether a particular insurance policy is appropriate or suitable for you;
• whether you qualify for insurance;
• what premium you will pay;
• which insurance carrier should insure you;
• whether an insurer will accept your risk; or
• whether a particular insurance product or agency is “best” for you.

Services and participating insurance agencies may not be available in every state, ZIP code, insurance market, or insurance category.

2. PARTICIPATING INSURANCE AGENCIES

Independent licensed insurance agencies that advertise, participate in the Site, or receive Contact Requests through the Site are referred to as “Participating Insurance Agencies” or “Participating Agencies.”

Participating Agencies are independent third parties. They are not employees, subsidiaries, partners, joint venturers, or affiliates of OMG merely because they advertise through the Site, receive Contact Requests, contribute to advertising campaigns, or use advertising, marketing, communications, or technology services provided by OMG.

Each Participating Agency is independently responsible for:

• maintaining all licenses and authorizations required for its insurance activities;
• complying with applicable insurance laws and regulations;
• providing insurance advice, quotations, applications, and other insurance services;
• making insurance suitability, carrier, coverage, or underwriting determinations for which it is responsible;
• communicating with consumers in accordance with applicable law;
• safeguarding information it receives; and
• performing obligations arising from its insurance activities.

OMG verifies applicable agency licensing information when a Participating Agency enters into a contractual relationship with OMG and upon renewal of that relationship. Each Participating Agency remains responsible for continuously maintaining all required licenses and authorizations.

The appearance of a Participating Agency on the Site does not constitute an endorsement, guarantee, or recommendation by OMG concerning that agency, any insurance carrier, any insurance policy, or the availability of insurance.

3. HOW A PARTICIPATING AGENCY IS IDENTIFIED

The Site may use information such as ZIP code, property type, and the applicable insurance/business category to determine which Participating Agencies are eligible to receive a Contact Request.

Eligibility and allocation may take into account factors including:

• geographic area;
• applicable licensing;
• insurance business focus;
• property or insurance category;
• agency availability or operational capacity; and
• the Participating Agency’s contribution to the applicable advertising campaign.

Among Participating Agencies that satisfy the applicable eligibility criteria, the probability or proportion of traffic allocated to an agency may be weighted according to that agency’s share of the applicable advertising campaign budget.

This process is a paid advertising, directory, and traffic-allocation function. It is not an insurance recommendation, suitability determination, underwriting decision, coverage determination, or insurance quote. A larger advertising contribution does not mean that OMG has determined that the contributing agency is better or more suitable for a particular consumer.

The specific Participating Insurance Agency that would receive your final Contact Request is identified to you before you submit that Contact Request.

4. CONTACT REQUESTS

A “Contact Request” means an affirmative request by a consumer to be contacted by the specific Participating Insurance Agency identified before final submission.

The Site may use consumer-facing language such as “Request Quote,” “Request a Quote,” or similar terminology because the purpose of the requested communication may include discussing the possibility of obtaining an insurance quote from the identified agency. OMG itself does not provide that insurance quote.

When you submit a Contact Request:

• the Participating Insurance Agency has already been identified to you;
• you choose whether to request communication from that agency;
• the final Contact Request is transmitted only after you submit it; and
• the Contact Request is not reassigned or resold to another insurance agency after submission without a new request or authorization from you.

OMG does not distribute the Contact Request submitted for an identified agency to multiple insurance agencies.

Submitting a Contact Request does not constitute:

• an insurance application;
• an insurance binder;
• issuance of insurance coverage;
• acceptance by an insurance carrier;
• a guarantee that an agency will contact you;
• a guarantee that insurance is available;
• a guarantee that you qualify for insurance; or
• a guarantee concerning premium, coverage, policy limits, deductibles, exclusions, or underwriting.

Any insurance transaction ultimately occurs between you and the applicable licensed insurance agency and/or insurance carrier.

5. COMPENSATION AND ADVERTISING RELATIONSHIPS

Participating Insurance Agencies may compensate OMG for advertising management, marketing, technology, communications, platform, and related services.

Under OMG’s current business model, OMG is compensated for advertising management and related services and does not receive an insurance commission contingent on whether a particular consumer ultimately purchases an insurance policy.

Participating Agencies may contribute different amounts toward an advertising campaign, and those contributions may affect the proportion or probability of eligible traffic allocated to those agencies as described in Section 3.

Payment by a Participating Agency does not authorize OMG to bind insurance coverage, determine insurance eligibility, negotiate policy provisions, accept insurance premiums, make underwriting decisions, issue insurance policies, or make individualized insurance recommendations.

A commercial or advertising relationship with a Participating Agency does not constitute an endorsement or recommendation of that agency or any insurance product.

6. NO INSURANCE ADVICE OR INSURANCE TRANSACTION BY OMG

Content available through the Site is provided for general educational, informational, advertising, and directory purposes.

Unless expressly disclosed otherwise, OMG does not through the Site:

• sell an insurance policy;
• recommend a specific insurance policy or carrier;
• determine appropriate coverage limits or suitability;
• determine insurance eligibility;
• negotiate insurance coverage;
• provide a binding insurance quotation;
• accept an insurance application on behalf of an insurer;
• make an underwriting decision;
• bind insurance coverage;
• collect insurance premiums; or
• issue an insurance policy.

Insurance terminology and educational content may be simplified and may not describe every limitation, exclusion, underwriting requirement, or policy term. Consumers should rely on an appropriately licensed insurance professional and applicable policy documents when making insurance decisions.

7. FAIR PLAN AND GOVERNMENT DISCLAIMER

ExploreMyInsuranceOptions.com is privately owned and operated.

Neither OMG nor ExploreMyInsuranceOptions.com is endorsed by, affiliated with, sponsored by, or operated by any federal, state, or local governmental entity.

Neither OMG nor the Site is a state-mandated FAIR Plan association, residual-market mechanism, insurer of last resort, or governmental or quasi-governmental insurance program.

References to FAIR Plans, residual markets, governmental programs, insurance carriers, or similar organizations are provided for informational purposes and do not imply affiliation, sponsorship, or endorsement.

8. COMMUNICATIONS FROM THE IDENTIFIED INSURANCE AGENCY

Before submitting a Contact Request, you may be presented with an agency-specific communications disclosure identifying the Participating Insurance Agency that may contact you.

Depending on the consent you affirmatively provide, the identified Participating Agency may contact you by:

• telephone call;
• text message;
• email;
• automated technology;
• automatic telephone dialing technology;
• prerecorded message;
• artificial voice;
• AI-generated voice; and/or
• AI-assisted communication.

The agency-specific communications disclosure presented before final submission controls the scope of the communications authorization you provide.

These Terms alone do not give every Participating Insurance Agency permission to contact you for marketing purposes.

OMG and third-party technology providers may provide technology used to facilitate communications on behalf of the identified Participating Insurance Agency. Such communications may be technically initiated, processed, routed, recorded, or otherwise facilitated through systems operated by OMG or its service providers while being made on behalf of the Participating Agency identified to you.

Unless separately disclosed and authorized, submission of a Contact Request does not give OMG independent permission to market unrelated products or services to you.

9. COMMUNICATIONS CONSENT AND REVOCATION

Where you provide consent to receive marketing communications using automated technology, prerecorded messages, artificial voices, AI-generated voices, or similar technologies, the agency-specific disclosure presented when you provide consent governs the scope of that authorization.

Consent to marketing communications is not a condition of purchasing an insurance product or service.

Alternative methods of contacting the identified Participating Insurance Agency may be available, including a telephone number displayed on the Site.

You may revoke communications consent as permitted by applicable law. For text messages, recognized opt-out instructions such as replying STOP may also be available.

Message and data rates may apply. Message frequency may vary.

10. CALL RECORDING, TRANSCRIPTION, AND AI TECHNOLOGY

Communications with a Participating Insurance Agency may involve automated, AI-generated, or AI-assisted technology where disclosed.

Calls may also be recorded, transcribed, summarized, or analyzed where separately disclosed and permitted by applicable law.

OMG and/or the Participating Insurance Agency may use recordings and transcripts for purposes including:

• responding to a consumer request;
• quality assurance;
• processing and routing communications;
• compliance;
• fraud prevention;
• training and supervision;
• complaint investigation;
• recordkeeping; and
• establishing, exercising, or defending legal claims.

Recorded calls facilitated through the Services are intended to include an audible recording disclosure at the beginning of the call. Written recording or transcription consent may also be obtained before a call through an agency-specific disclosure.

Nothing in these Terms eliminates a separate notice or consent requirement imposed by applicable law.

11. PRIVACY POLICY AND PRIVACY CHOICES

Our collection, use, retention, processing, and disclosure of personal information is described in our Privacy Policy and applicable privacy notices.

Agreement to these Terms does not itself constitute consent to optional data processing where the Site or applicable law requests or requires a separate affirmative choice.

The Site distinguishes among:

• technologies and processing reasonably necessary to operate and secure the Site;
• optional internal analytics, currently delivered from our servers to Mixpanel, Inc.;
• optional advertising and advertising-measurement processing, currently delivered from our servers to Meta Platforms, Inc. through its Conversions API;
• ActiveProspect, Inc.’s TrustedForm session documentation;
• submission of a Contact Request to the specifically identified Participating Insurance Agency; and
• communications consent provided to that agency.

Optional analytics and advertising are controlled by the privacy choices presented through the Site and applicable law. The Site uses three choices: Accept All (essential, analytics, and behavioral advertising), Analytics Only (essential and analytics), and Reject All (essential only). These choices are described in our Cookie Policy and managed through our Privacy Preferences controls.

12. GLOBAL PRIVACY CONTROL AND OTHER OPT-OUT PREFERENCE SIGNALS

OMG recognizes qualifying Global Privacy Control (GPC) and other opt-out preference signals where required by applicable law.

Under OMG’s current implementation, when an applicable GPC signal is detected, the affected browser is treated as Reject All (essential only): optional analytics and advertising are disabled, applicable optional storage is disabled or cleared, and the Site displays a status indication that the opt-out request was honored.

GPC takes precedence over a conflicting Site preference that would otherwise permit sale or sharing of personal information subject to the signal.

GPC does not, by itself, prevent you from using the underlying Site or submitting a Contact Request. Any separate TrustedForm consent and agency-specific communications consent remain separate choices.

If an applicable GPC signal later ceases to be detected, OMG does not treat disappearance of the signal, by itself, as a new authorization to restart optional analytics or advertising. The affected categories remain disabled until a subsequent consumer choice permits them in accordance with applicable law.

13. TRUSTEDFORM AND SESSION DOCUMENTATION

Certain portions of the online Contact Request process may use ActiveProspect, Inc.’s TrustedForm technology.

ActiveProspect processes information as a service provider in connection with OMG’s use of TrustedForm.

TrustedForm is used to support session documentation, consent verification, fraud prevention, regulatory and legal compliance, complaint investigation, recordkeeping, and related purposes.

TrustedForm session documentation is subject to a separate affirmative-consent step.

TrustedForm does not begin documenting the covered Contact Request interaction through our implementation until you take the affirmative action identified in the applicable disclosure, such as clicking “Agree & Continue.”

If you affirmatively consent, TrustedForm may document information concerning your subsequent interaction with the Contact Request process, including page content and disclosures, form interactions and entries or representations of entries as configured, clicks, keystrokes or related interaction information, scrolling, timestamps, IP address, page URL, referral information, browser information, device information, and related session activity.

TrustedForm may use this information to create records such as a consent certificate or session replay. Certain form fields may be designated for masking, hashing, or other protective handling.

OMG may use such records to document disclosures and consent, verify Contact Requests, investigate fraud or complaints, maintain compliance records, respond to legal or regulatory matters, and establish, exercise, or defend legal claims.

Consent to TrustedForm session documentation is separate from optional analytics and advertising consent.

If you do not wish to consent to TrustedForm session documentation, do not click the applicable “Agree & Continue” button. You may leave the online Contact Request process and, where provided, contact the identified Participating Insurance Agency directly using the telephone number displayed by the Site.

14. USER REPRESENTATIONS

By submitting information through the Site, you represent that:

• you are at least 18 years old;
• information you provide is accurate to the best of your knowledge;
• you are using the Site for a lawful purpose;
• you are not impersonating another person;
• you are authorized to provide the contact information you submit;
• when providing communications consent associated with a telephone number, you are the subscriber, customary user, or otherwise authorized user of the telephone number you provide; and
• your use of the Site does not violate applicable law.

You may not knowingly submit another person’s personal information without authorization.

15. PROHIBITED ACTIVITIES

You may not use the Site to:

• violate applicable law;
• engage in fraud or deception;
• impersonate another person or entity;
• intentionally submit false Contact Requests;
• introduce malicious software or code;
• interfere with Site security or operation;
• attempt unauthorized access to systems or information;
• circumvent security or access-control measures;
• collect personal information about other users without authorization;
• use information obtained from the Site to harass or harm another person;
• systematically scrape, harvest, scan, or commercially republish substantial Site content without authorization;
• use automated means in a manner that imposes an unreasonable load or attempts to bypass technical restrictions;
• reverse engineer Site software except where applicable law prohibits restriction of such activity; or
• use OMG systems to operate an unauthorized competing commercial service.

Standard search-engine indexing, AI crawler access, security research, or other automated access expressly permitted by OMG through technical controls, `robots.txt`, written permission, or applicable law is not prohibited merely because it is automated.

16. INTELLECTUAL PROPERTY

Unless otherwise indicated, OMG or its licensors own the protectable rights in the Site’s original software, design, text, graphics, logos, functionality, databases, and original content.

OMG grants you a limited, nonexclusive, nontransferable, revocable license to access and use the Site for lawful personal purposes.

You may print or save reasonable portions of Site content for personal, noncommercial use.

Third-party agency names, insurance carrier names, trademarks, governmental program names, logos, and other third-party materials remain the property of their respective owners.

If you voluntarily provide feedback or suggestions concerning the Site, you authorize OMG to use that feedback without compensation. Information provided as part of a Contact Request is not treated as intellectual-property feedback and is handled as described in the Privacy Policy.

17. THIRD-PARTY WEBSITES AND SERVICES

The Site may contain links to Participating Insurance Agencies, insurance carriers, governmental resources, service providers, or other third-party websites and services.

OMG does not control third-party websites or their terms, privacy practices, security practices, or content.

Your insurance-related interactions with a Participating Insurance Agency or insurance carrier may be subject to that party’s own disclosures, privacy practices, contractual terms, and legal obligations.

OMG is not responsible for independent professional advice, insurance recommendations, quotations, underwriting decisions, coverage decisions, or other insurance services provided by independent Participating Insurance Agencies or insurance carriers except to the extent applicable law does not permit such responsibility to be excluded.

18. SERVICE AVAILABILITY AND CHANGES

OMG may modify, suspend, restrict, or discontinue all or part of the Site.

We do not guarantee continuous or error-free operation. Interruptions may result from maintenance, communications failures, software failures, security events, third-party service interruptions, or circumstances outside OMG’s reasonable control.

OMG may restrict access to persons who misuse the Site or materially violate these Terms.

Provisions that by their nature should survive termination or discontinuation will survive, including intellectual-property provisions, disclaimers, limitations of liability, dispute-resolution provisions, and accrued rights.

19. DISCLAIMERS AND LIMITATION OF LIABILITY

19.1 Site Provided “As Is”

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

OMG DISCLAIMS WARRANTIES THAT MAY LEGALLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Nothing in these Terms disclaims rights or warranties that applicable law does not permit to be waived.

19.2 No Insurance Guarantee

OMG DOES NOT GUARANTEE:

• availability of insurance;
• eligibility for insurance;
• issuance or renewal of a policy;
• insurance premium;
• savings;
• policy terms;
• coverage limits;
• deductibles;
• carrier acceptance;
• underwriting outcomes; or
• whether a Participating Agency will contact you.

19.3 Participating Agencies

OMG is not responsible for independent professional advice, representations, omissions, insurance recommendations, quotations, coverage decisions, underwriting decisions, or other insurance services of a Participating Insurance Agency or insurance carrier except to the extent liability cannot legally be excluded.

19.4 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OMG AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SITE OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OMG’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED FIVE HUNDRED U.S. DOLLARS ($500).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING THE FOREGOING LIMITATION OF LIABILITY, LIABILITY FOR VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT (TCPA), INCLUDING WILLFUL OR KNOWING VIOLATIONS, WILL NOT BE SUBJECT TO THE ABOVE AGGREGATE LIABILITY CAP AND MAY RESULT IN STATUTORY DAMAGES OF UP TO ONE THOUSAND FIVE HUNDRED U.S. DOLLARS ($1,500) PER WILLFUL VIOLATION (OR THE MAXIMUM AMOUNT ALLOWED BY APPLICABLE LAW), IN ADDITION TO ANY OTHER REMEDIES AVAILABLE UNDER LAW.

These limitations do not apply to liability or consumer rights that applicable law prohibits the parties from limiting or excluding.

20. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY

THIS SECTION REQUIRES MOST DISPUTES BETWEEN YOU AND OPEN MANAGEMENT GROUP LLC TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN A LAWSUIT IN COURT.

ARBITRATION GENERALLY MEANS THERE IS NO JUDGE OR JURY, AND JUDICIAL REVIEW OF AN ARBITRATION AWARD IS LIMITED.

20.1 Scope of Arbitration Agreement

Except for matters expressly excluded below or that applicable law does not permit to be arbitrated, you and OMG agree that any dispute, claim, controversy, or cause of action arising out of or relating to the Site, Services, these Terms, or your interactions with OMG will be resolved through binding arbitration.

This agreement is intended to be interpreted broadly and includes disputes concerning:

• formation, interpretation, or performance of these Terms;
• advertising and sponsored placements;
• Contact Requests and agency allocation;
• consumer disclosures and electronic assent;
• privacy;
• cookies and browser storage;
• tracking technologies and pixels;
• analytics;
• advertising technology;
• sale or sharing of personal information;
• Global Privacy Control or privacy preferences;
• session documentation and session replay;
• TrustedForm;
• alleged interception, eavesdropping, or wiretapping;
• call recording and transcription;
• collection, use, retention, processing, or disclosure of personal information;
• information security;
• telephone calls, text messages, and email;
• automated communications;
• artificial or prerecorded voices;
• AI-generated or AI-assisted communications;
• telemarketing;
• the Telephone Consumer Protection Act;
• the California Consumer Privacy Act;
• the California Invasion of Privacy Act;
• consumer-protection laws;
• contract;
• tort;
• statutory claims; and
• equitable claims.

Privacy and communications claims are not excluded merely because they involve alleged privacy, tracking, surveillance, interception, recording, or unauthorized use.

20.2 Informal Resolution

Before commencing arbitration, the claimant must provide the other party with an individualized written Notice of Dispute containing sufficient information to identify the claimant, describe the dispute and relevant facts, and explain the requested relief.

Notice to OMG may be sent to:

and by email to contact@openmanagementgroup.com.

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of a reasonably complete Notice of Dispute.

Either party may request a telephone or video settlement conference during that period. Applicable limitation periods will be tolled during the informal-resolution period to the extent permitted by law.

20.3 American Arbitration Association

An unresolved covered dispute will be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and Mediation Procedures then in effect, as modified by this Arbitration Agreement to the extent permitted by applicable law and accepted by AAA.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

If AAA is unable or unwilling to administer a particular arbitration, the parties will attempt to agree on a substitute arbitration administrator. If they cannot agree, a court of competent jurisdiction may appoint an administrator consistent with the Federal Arbitration Act.

20.4 Arbitration Costs

Fees and costs will be allocated in accordance with the applicable AAA Consumer Arbitration Rules, the applicable AAA fee schedule, and applicable law.

OMG will pay administrative fees and arbitrator compensation that the applicable AAA rules or applicable law require the business to pay.

Nothing in these Terms requires a consumer to pay arbitration costs exceeding amounts permitted by applicable AAA consumer rules or applicable law.

20.5 Arbitration Location and Remote Participation

The legal situs of arbitration will be Dutchess County, New York, except where applicable law requires otherwise.

Proceedings may be conducted by video conference, telephone, written submissions, or another remote method consistent with applicable AAA rules.

A consumer will not be required to travel to New York where applicable AAA rules or non-waivable law provide otherwise.

20.6 Arbitrator Authority

Except for matters that applicable law requires a court to determine, the arbitrator will have authority to determine disputes concerning the interpretation, application, scope, and enforceability of this Arbitration Agreement.

Issues concerning whether the parties ever formed an agreement to arbitrate will be determined by a court to the extent applicable law so requires.

The arbitrator may award any individual remedy or relief available under applicable law that has not been validly waived.

20.7 Individual Proceedings and Class Action Waiver

To the fullest extent permitted by applicable law, you and OMG agree that covered claims will be brought only in the parties’ individual capacities.

Neither party may pursue a covered dispute as a plaintiff or class member in a class action, collective action, or representative proceeding seeking monetary recovery on behalf of other individuals.

Nothing in these Terms authorizes class arbitration.

20.8 Public Injunctive Relief

Nothing in these Terms is intended to waive a right to public injunctive relief that applicable law prohibits the parties from waiving.

To the extent legally permissible, a request for such relief may be considered in bilateral arbitration. If applicable law requires a particular request for public injunctive relief to proceed in court, that request may proceed in court while arbitrable claims remain subject to arbitration to the fullest extent permitted by law.

20.9 Mass Arbitration

When AAA determines that individually asserted demands qualify for treatment under its then-current Mass Arbitration Supplementary Rules, those rules and the applicable AAA fee schedule will govern administration of those demands.

The parties agree to cooperate in good faith with AAA and any process arbitrator appointed under those rules.

Nothing in this section creates or authorizes class arbitration.

20.10 Small Claims Court

Either party may bring an eligible individual claim in small claims court if the claim remains within that court’s jurisdiction.

20.11 Emergency Judicial Relief

Either party may seek temporary or preliminary judicial relief when reasonably necessary to prevent immediate unauthorized system access, cybersecurity harm, misuse of intellectual property, or comparable irreparable harm without waiving arbitration of the underlying covered dispute.

20.12 Jury Trial Waiver

For any dispute that validly proceeds in court instead of arbitration, YOU AND OMG WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

20.13 Survival and Severability

This Arbitration Agreement survives termination of your use of the Site and any relationship between you and OMG to the extent permitted by law.

If a portion of this Arbitration Agreement is determined to be invalid or unenforceable, it will be severed or limited to the minimum extent required and the remainder will remain enforceable, except where applicable law requires a different result.

21. GOVERNING LAW AND COURT VENUE

Except for the Arbitration Agreement, which is governed by the Federal Arbitration Act as stated above, these Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Nothing in this choice-of-law provision deprives a consumer of protections provided by the law of the consumer’s state of residence that cannot lawfully be waived.

Where a dispute validly proceeds in court rather than arbitration, the parties consent to jurisdiction and venue in the state and federal courts having jurisdiction over Dutchess County, New York, except where applicable law requires otherwise.

22. ELECTRONIC SIGNATURES AND RECORDS

Where permitted by law, electronic actions may be used to form agreements and provide consent.

When the Site clearly informs you that clicking a button, checking a box, or taking another electronic action constitutes agreement to identified terms or disclosures, that action may constitute an electronic signature and manifestation of assent.

OMG may maintain records reasonably used to document transactions and consent, including:

• timestamps;
• disclosure versions;
• Terms versions;
• Privacy Policy versions;
• Cookie Policy versions;
• agency identity and licensing information;
• consent language;
• consumer privacy selections;
• GPC/opt-out status;
• session records;
• TrustedForm records and certificate information;
• transaction identifiers;
• browser or device information; and
• IP information.

This provision does not expand the substantive scope of any separate communications, recording, privacy, or advertising consent.

23. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless OMG and its members, officers, employees, and agents from third-party claims directly resulting from your:

• intentional fraud;
• knowing submission of another person’s information without authorization;
• unlawful misuse of the Site;
• infringement of third-party intellectual-property rights; or
• intentional material violation of these Terms.

This provision does not require an ordinary consumer to indemnify OMG merely for making lawful use of the Site or asserting a legal right.

24. CALIFORNIA USERS AND RESIDENTS

California consumers may have rights under California privacy, communications, recording, consumer-protection, and other laws.

Nothing in these Terms is intended to waive a right that applicable law makes non-waivable.

California consumers should also review the Site’s:

• Privacy Policy;
• California Notice at Collection;
• Cookie Policy;
• Do Not Sell or Share My Personal Information mechanism; and
• Privacy Preferences controls.

If a complaint with OMG is not satisfactorily resolved, California consumers may contact the California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, (800) 952-5210.

Insurance-related matters concerning a licensed insurance producer, agency, or insurance carrier may also be subject to the jurisdiction of the California Department of Insurance or another applicable insurance regulator.

25. CHANGES TO THESE TERMS

OMG may revise these Terms from time to time.

The “Last Updated” date identifies the most recent revision. Changes generally apply prospectively. Where applicable law requires additional notice or renewed assent to a material change, OMG will provide the required notice or request renewed assent.

OMG may retain the version of these Terms affirmatively accepted in connection with a consent event or Contact Request as part of its business and compliance records.

A material amendment to the Arbitration Agreement will not be applied retroactively to a dispute of which OMG had actual notice before the amendment’s effective date except where applicable law permits otherwise.

26. MISCELLANEOUS

These Terms and other expressly applicable agreements constitute the applicable agreement concerning your use of the Site.

The Privacy Policy and privacy notices describe data practices and do not themselves constitute consent to optional processing where separate affirmative consent is requested or required.

OMG’s failure to enforce a provision does not waive that provision.

If a provision is unlawful or unenforceable, it will be severed or limited to the minimum extent required unless these Terms expressly provide otherwise.

OMG may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or transfer of the Site or related business.

Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or insurance-agency relationship between a consumer and OMG.

Headings are for convenience and do not control interpretation.

27. CONTACT US

Questions or complaints concerning these Terms may be directed to:

contact@openmanagementgroup.com

Copyright © 2026 Open Management Group LLC. All Rights Reserved.