Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
If you do not consent to these Terms, you cannot access or utilize the Site or its Content. These Terms constitute a legally binding agreement between you and Quotes on Click, the entity operating the Site, hereafter referred to as ‘we,’ ‘us,’ or ‘our.’ Within these Terms, references to the ‘Site operator,’ ‘we,’ ‘us,’ and ‘our’ also encompass our affiliates (including Quotes on Click, Inc.), agents, successors, and assigns. The Site is exclusively accessible and usable by individuals who are legally capable of forming binding contracts in accordance with relevant laws. To clarify, the Site is designed for and made accessible solely to residents of the United States who are 18 years of age or older. By accessing and utilizing the Site, you unconditionally accept and agree to these Terms. Furthermore, you confirm that you possess the authority to bind the User (as defined below) to these Terms and that your usage of the Site, including the provision or use of any Content, complies with all applicable laws.
The Site functions as a platform to facilitate the interaction between insurance agents, insurance companies, lead aggregators, and similar entities (referred to individually as a ‘Provider’) for the purpose of offering and selling insurance and other products to potential consumers who have submitted applications through the Site to receive insurance or other authorized quotes from a Provider (referred to individually as a ‘Prospect’). Collectively, all Prospects and potential Prospects using the Site are referred to as the Site’s ‘Users’ and may be addressed as ‘you’ or ‘your’ hereafter. With a Prospect’s consent, we may gather specific information (referred to as a ‘Lead’) about a Prospect and sell this Lead to a Provider. It’s important to note that we do not assume responsibility for the legality, safety, or quality of the products offered for sale by a Provider, the accuracy or truthfulness of the product representations, the Provider’s ability to sell the products, or the Prospect’s ability to make payments for the products. In all respects, we operate as an independent contractor.
With the exception of specific life insurance transactions, we do not issue insurance policies or bind coverage. We do not accept any financial or other liability, except in the case of specific life insurance transactions, for the actions of any Prospect or Provider. We do not endorse or recommend any Providers or insurance policies or related products offered by these Providers, with the exception of specific life insurance transactions. We do not provide insurance, tax, financial, legal, or any other form of advice except in the case of specific life insurance transactions. We do not guarantee that any Providers to whom we forward a Prospect’s application will contact the Prospect or agree to provide the requested insurance coverage. If you seek personalized advice or recommendations concerning insurance policies, please seek the counsel of a qualified professional. It is important to understand that we do not offer or sell any insurance or other products displayed on the Site.
Dispute Resolution By Binding Arbitration
PLEASE REVIEW THIS CAREFULLY. IT HAS AN IMPACT ON YOUR LEGAL RIGHTS. You agree to make a good-faith effort to resolve any dispute or claim, whether it has arisen or may arise in the future, between us related to these Terms or your use of the Site and its Content, including any disputes or claims involving a Provider (referred to as a ‘Claim’). This resolution will be attempted through discussions between you and us, which will commence upon written notice from any party to the other (referred to as the ‘Consultation Notice’). The Consultation Notice must outline the nature and grounds of the Claim and specify the requested relief (referred to as the ‘Demand’). If the Claim cannot be settled within thirty (30) days after the Consultation Notice is received, any party involved in the discussions may initiate an arbitration process by sending written notice to the other party, as per Section 2 of this Agreement. If you need to provide us with a notice under Section 2, please send it to: firstname.lastname@example.org (‘Notice Address’). You consent to arbitration for any Claims between you and us, or any Provider, that cannot be resolved amicably as described in the previous paragraph. This arbitration agreement is intended to have a broad interpretation.
By entering into this arbitration agreement, you and we both waive the right to a trial by jury or participation in a class or representative action and agree that arbitration under Section 2 will be conducted individually. THIS MEANS THAT YOU ARE LIMITING YOUR ABILITY TO APPEAL AND GIVING UP YOUR RIGHTS TO OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS COURT ACTIONS. THE ARBITRATOR IS PROHIBITED FROM CONSOLIDATING, JOINING, OR COMBINING CLAIMS FROM OTHER PARTIES IN A SIMILAR SITUATION OR PRESIDING OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDINGS. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision remains valid even after the termination of this Agreement.
The arbitration process will be conducted in accordance with the rules and procedures of the American Arbitration Association (‘AAA’), as per their current standards and practices, which include the AAA’s Supplementary Procedures for Consumer-Related Disputes, collectively referred to as the ‘AAA Rules.’ These rules will be applied with modifications outlined in this Agreement. However, it’s important to note that the Supplementary Rules for Class Arbitration and any other AAA Rules conflicting with the waiver of class arbitration and representative proceedings, as specified below, are expressly excluded. The arbitration will be overseen by a single arbitrator possessing relevant industry expertise, appointed in adherence to the AAA Rules. You can access the AAA Rules at https://www.adr.org/Rules or by contacting (800) 778-7879.
You have the option to decline participation in this arbitration provision by submitting written notice to us at the Notice Address (email@example.com) within thirty (30) days of your acceptance of this Agreement. The notice should include your name, address, and a clear statement expressing your preference not to resolve disputes with us through arbitration.
If we introduce any modifications to this arbitration provision (excluding changes to the Notice Address) while you are in a business relationship with us, those changes will not affect any Claims filed against us before the effective date of the change. These changes will, however, apply to all other Claims that have arisen or may arise between you and us. We will inform you of any changes to this arbitration provision by posting the updated terms on the Site or sending an email notification, with both methods ensuring you are informed at least thirty (30) days before the changes take effect.”
DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE PREVIOUS BINDING ARBITRATION PROVISIONS
Accessing the Site is free of charge for Users. We provide each User with a restricted, revocable, and non-exclusive license, solely for the purpose of accessing the Site and its content, which encompasses text, images, maps, files, photos, information, and other materials (referred to as the ‘Content’). This license allows Users to view, access, or contact us regarding our services, all in accordance with these Terms. Any other use of the Site is strictly prohibited. This limited license does not grant any rights for displaying, copying, aggregating, collecting, or creating derivative works from the Site, nor does it permit the use of tools like spiders, data mining, robots, or similar data extraction and gathering methods without our explicit prior written consent. All rights not explicitly granted in this Agreement are reserved by us.
Downloading of Information from the Site and Proprietary Rights
All Content on the Site, as well as the Site itself, is safeguarded by copyright and database rights, recognized as a compilation and/or collective work, in accordance with U.S. copyright laws, other pertinent copyright laws, trademark laws, and international agreements. The Content is intended solely for the personal use of each User, as described in Section 3 (Personal Use). All Users commit to adhering to these Terms and any additional guidelines, restrictions, or copyright notices associated with or pertaining to any Content found on the Site. Copying or storing any Content, except for noncommercial, personal purposes, is strictly prohibited unless you obtain prior written consent from us or the relevant copyright owner. You acknowledge and consent to Quotes on Click and its affiliated entities owning the data collected by the application. When you display, publish, or post Content on or through the Site, you grant Quotes on Click a non-exclusive, sub-licensable, irreversible, worldwide, fully-paid, royalty-free license to utilize, modify, publicly display, reproduce, publish, and distribute such User Content in any existing or future media, without the need to make payments to you or any third party, or to seek your or any third party’s approval.
Unless explicitly stated otherwise in this Agreement or permitted by applicable law, you are not allowed to undertake any of the following actions without obtaining our prior written consent:
- Upload, post, display, copy, republish, reproduce, transmit, or distribute any Content in any format.
- Reproduce any part of the Site on your own website or employ any means, including but not limited to utilizing a border or frame around the Site, or any other framing technique to enclose any portion or feature of the Site, or replicate or duplicate any section of the Site.
- Engage in reverse engineering, disassembling, copying, or duplicating any part of the Site.
- Modify, translate into any written or computer language, or create derivative works or translations from any Content or segment of the Site.
- Offer for sale, sell, license, or transfer any part of the Site to third parties in any form.
- Utilize any spider, robot, or other automated tool or manual process to replicate, monitor, or create a database copy of the Content or any portion of the Site.
- Use the Site for purposes other than making legitimate inquiries to us about our services or learning about our services.
- Employ the Site to generate fraudulent or false inquiries or accounts.
Unauthorized access to or use of the Site, as well as the telecommunications or computer facilities utilized to provide the Site, constitutes a breach of these Terms and is a violation of the law. Moreover, unauthorized access to or use of the application may result in the immediate termination of your license to use the application, and you may be prohibited from participating in any future telematics offerings distributed by Quotes on Click. Additionally, if you violate the Terms applicable to the application, your internet service provider and/or mobile carrier may take action to remove you from their services. Suppose you come across any Content, activity, or communication on or related to the Site that seems to contravene the above guidelines or any other provision in these Terms. In that case, we kindly request that you report such violations by sending a notification to firstname.lastname@example.org.
We reserve the right to make alterations, cease, or temporarily halt any element of the Site at our discretion, which includes altering the availability of specific Site features, Content, or databases. Furthermore, we may establish constraints on particular services or features, or limit your access to the entire or partial Site, without prior notice or incurring any liability.
We strongly advise all Users to exercise caution when engaging with individuals, whether it’s for specific transactions on the Site or in general across the Internet.
LIMITATION OF LIABILITY
Under no circumstances shall we, or any of our officers, directors, shareholders, or employees, or those of any application marketplace provider, be held liable for any lost profits, loss of revenue, or any indirect, consequential, special, incidental, or punitive damages that may arise from, be based on, or result from your utilization of the Site, your inability to access the Site, or any transaction between us or between you and providers facilitated by or arising in connection with your use of the Site. This applies even if we have been informed of the potential for such damages. These limitations and exclusions are applicable regardless of whether the damages resulting from (i) a breach of contract, (ii) a breach of warranty, (iii) strict liability, (iv) tort, (v) negligence, (vi) statute, or (vii) any other legal cause of action, to the fullest extent permitted by applicable law. In any scenario, our liability to you or any third party related to the Site is restricted to the greater of (a) the amount of fees actually received by us from you during the calendar month in which such alleged claim(s) accrued, and
(b) $200.00. You must initiate any legal action arising from or related to your use of the Site within one (1) year from when the claim or cause of action initially arises. In certain jurisdictions, restrictions or exclusions on liability for incidental, consequential, or other forms of damages may not be applicable, and therefore, the previous paragraph may not be applicable to you. This paragraph does not apply to residents of New Jersey to the extent that damages to such New Jersey residents result from Quotes on Click’s negligent, fraudulent, or reckless acts or intentional misconduct.
THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS, AND INFORMATION ACCESSIBLE THROUGH THE SITE, IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. Quotes on Click does not provide maintenance or support services for any part of the Site, including the Application. To the maximum extent permitted by applicable law, we do not make any representations or warranties of any kind regarding the Site’s content, the services, information, functions, and materials available through the Site, any services or products, or hypertext links to third parties, or any security breaches related to the transmission of sensitive information through the Site or any linked site.
Furthermore, we explicitly disclaim any express or implied warranties, including but not limited to non-infringement, title, merchantability, and fitness for a particular purpose. We do not guarantee that the functions within the Site or any services, content, or materials contained therein will meet your requirements, be error-free, complete, or accurate, or that they will operate without interruptions. We also do not warrant that the Site or the server making it available are free from viruses or other harmful components. Any materials or data downloaded or obtained through the use of the Site are at the user’s discretion and risk, and users are solely responsible for any damage to their computer systems or data loss resulting from the download or use of such materials or data. Information obtained through the Site shall not create any warranty not expressly stated herein.
Please note that in some jurisdictions, the exclusion of certain warranties may not be allowed, and therefore, some of the above exclusions may not apply to you.
If you find yourself in a dispute with any Provider, Prospect, or any other third party, including but not limited to other users of the Site, related to your use of the Site, you hereby agree to release, relinquish, and forever absolve us and our agents, directors, officers, employees, shareholders, and all other affiliated individuals or entities from any and all kinds of rights, complaints, demands, claims, causes of action, legal proceedings, obligations, liabilities, legal fees, expenses, and costs of any nature, whether presently known or unknown, that may arise from, pertain to, or be associated with such dispute or your use of the Site.
For California residents, you also explicitly waive the application of California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, and that, if known by them, would have materially affected their settlement with the debtor.” If you reside in a state other than California, you likewise waive any terms and protections provided by any statute in your state that holds similar significance or intent.
You hereby agree to indemnify, defend, and safeguard us, as well as our agents, directors, officers, employees, shareholders, and all other affiliated individuals or entities (collectively referred to as the “Indemnified Parties”), from any and all liabilities and expenses, including reasonable attorney’s fees and court costs, incurred by the Indemnified Parties in connection with any claim that arises from your utilization of the Site or the Content available on it. This includes but is not limited to, claims resulting from any transaction or interaction between you and a Provider or any of the Provider’s affiliates, partners, or agents facilitated by or arising from your use of the Site. It also encompasses any information or data you access or provide through the Site and any actions (or lack thereof) by you or other users of your account. Furthermore, it extends to any violations of these Terms, including the representations, warranties, and commitments made by you herein.
Proprietary Rights Notification
We strictly prohibit activities that infringe upon copyright, trademark, or any other intellectual property rights on the Site. Upon proper notification that certain Content violates someone else’s intellectual property rights, we will either remove or request you to remove or modify the Content in question.
If you are a copyright or trademark owner or an authorized representative thereof, and you believe that any Content in any public section of the Site violates or otherwise encroaches upon your proprietary rights, you may submit a notification in accordance with the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our designated copyright agent with the following written information (refer to 17 U.S.C. § 512(c)(3) for further details.
Please reach out to our designated Copyright Agent at email@example.com for the submission of claims regarding copyright infringement. It is important to note that only DMCA notices should be directed to the Copyright Agent. Any other form of feedback, comments, requests for technical support, or communication should be directed to our customer service through the “Contact Us” section on the website. Please be aware that failing to comply with these specific requirements may render your DMCA notice invalid.
Our trademarks, including our logo and other product and service names (referred to as the “Marks”), are protected. You are not permitted to display, reproduce, or use these Marks in any way without obtaining our prior written permission.
Choice of Law and Forum
Quotes on Click, a Delaware corporation, and the terms of this agreement are subject to the laws of the State of Delaware, United States of America, with the exclusion of its choice of law principles. Unless otherwise specified in Section 2 (Dispute Resolution By Binding Arbitration), you hereby irrevocably consent to the exclusive jurisdiction and venue in Delaware for any legal disputes arising from this agreement. You further commit not to initiate legal proceedings against us in any other jurisdiction for any cause of action. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such rights or provisions. This provision is subject to Section 2.
The relationship between the Company, each User, and Provider is that of independent contractors. These Terms and your use of the Site do not create or imply any agency, joint venture, partnership, employee-employer, or franchiser-franchisee relationship.
Unless explicitly stated otherwise, any notices from you to us should be submitted via email to firstname.lastname@example.org, with a copy of the notice sent by certified postal mail, return receipt requested, to the Legal Department at Quotes on Click. When we need to send a notice to you, it will be sent to the email address you most recently provided to us. Notice is considered received upon actual receipt or 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may provide notice by certified mail, with postage prepaid and return receipt requested, to the address you last provided to us. In such cases, notice is deemed given three days after the mailing date.
Links to Third-Party Sites
This website may feature hyperlinks to other websites on the Internet. We do not assume responsibility for the availability of these external websites or resources, and we do not endorse or accept responsibility or liability for any content, advertisements, products, or materials that may be found on or accessed through these websites or resources. We disclaim any direct or indirect responsibility or liability for any harm or loss that may arise, or is alleged to have arisen, from the use of or reliance upon any content, products, or services available on these external websites or resources. These links and references are provided solely for your convenience, and their inclusion does not imply our endorsement of the linked website or other resource.
In this Electronic Signature Consent, the following definitions are applicable:
(i) “You” and “your” refer to yourself, the User;
(ii) “We,” “us,” and “our” refer to the operator of the website and its affiliated entities (including, but not limited to, Quotes on Click Inc.), agents, successors, and assigns.
By clicking the “I agree” button, which you adopt as your electronic signature, you provide your consent and agreement to the following:
We have the authorization to furnish you with legally required disclosures and other information concerning your legal rights and responsibilities through electronic means.
Your electronic signature on agreements and documents carries the same legal weight as if you had signed them with a physical ink signature.
(1) Through email;
(2) By providing access to a designated website, as specified in an email notification sent to you when the information becomes available; or
(3) To the extent permitted by law, through access to a website we generally identify in advance for such purposes.
If you desire a physical paper copy, you have the option to print a copy of the Disclosures or download the information for your personal records.
This consent applies to the following:
Your utilization of products and services provided by us;
All forthcoming Disclosures associated with our services;
All future transactions conducted with us, at any time; and
Any other Disclosures delivered to you via email, unless you have previously revoked your consent through the procedure outlined below.
You acknowledge that, in order to access and retain electronic Disclosures, you will require the following:
A computer with an Internet connection
To access and retain electronic Disclosures, you must have the following:
A computer with an Internet connection.
A current web browser with 128-bit encryption. Recommended browser standards include Microsoft Internet Explorer version 8.0 or higher (visit www.microsoft.com/ie for the current version), Mozilla Firefox (current version available at www.mozilla.com), Apple Safari (current version available at www.apple.com/safari), or Opera (current version available at www.opera.com). Your browser must have cookies enabled.
A valid email address.
Adequate storage space to save previous Disclosures and/or a working printer to produce hard copies.
If you employ a spam filter that blocks or redirects emails from senders not on your email address book, please add email@example.com to your email address book.
You are aware that you can request paper copies of the Disclosures, and we will send them to you by mail at no cost. Requests for paper copies and consent withdrawals can be made by contacting us.
Please note that any withdrawal of your consent to receive electronic Disclosures will take effect only after we have had a reasonable amount of time to process your request. If you withdraw your consent to receive electronic Disclosures, we may, though we are not obligated to do so, cancel your account.
You have the option to update the email address for receiving alerts about the availability of Disclosures at any time. To change your email address, please contact us at: firstname.lastname@example.org.
By providing your consent, you agree that electronic Disclosures hold the same significance and legal effect as if we had delivered paper Disclosures to you. When we send you an email or other electronic notification indicating that Disclosures are available electronically, and we indeed make them accessible online, this holds the same significance and effect as if we had provided paper Disclosures to you. This applies regardless of whether you choose to view the Disclosures, unless you have previously withdrawn your consent to receive electronic Disclosures. You understand and agree that Disclosures are considered received by you within 24 hours of being posted on our website or within 24 hours of being emailed to you unless we receive notice that the email address is invalid.
If you have any questions regarding any of these Terms, please contact us by clicking here or by calling.
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