Terms And Conditions
The following terms and conditions of use
(the “Terms and Conditions”) govern your use of the
InsuranceforEverything.com: Fast, Free Insurance Quotes Web site
(the “Site”). The Site is made available by
InsuranceforEverything.com (the "Site Proprietor" or “we”). BY USING
THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS
APPLIED TO YOUR USE OF THE SITE. If you do not agree to these
Terms and Conditions, you may not access or otherwise use the
Site. We may change the Terms and Conditions from time to time,
and at any time without notice to you, by posting such changes
on the Site. By using the Site following any modifications to
the Terms and Conditions, you agree to be bound by any such
modifications to the Terms and Conditions.
You may only use the Site if you are
domiciled in the United States and you are 18 years old or
older.
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Services
Available on the Site. Via the Site, we provide a
service by which consumers can apply to receive
insurance quotations from our network of insurance
agents, brokers and other service providers. We seek to
provide valuable information that individuals can use to
make their own decisions about insurance. Once you
provide us with the information needed to complete an
on-line application for insurance, we provide that
information to insurance agents, brokers or other
companies which then may contact you directly if they
are able to provide you with a quotation for insurance
coverage.
We do not issue insurance contracts or bind coverage. We
do not endorse or recommend any companies or insurance
policies, and we do not provide insurance, tax or
financial advice. We do not guarantee that any of the
insurance agents, brokers and/or companies to whom we
forward your application will contact you or agree to
provide you coverage. We are not responsible in any way
for the conduct of the insurance agents, brokers, and
companies to whom we forward your insurance quotation
requests. If you would like personal advice or specific
policy recommendations, you should consult with an
insurance agent, broker, or other qualified
professional.
We reserve the right, for any reason, in our sole
discretion, to terminate, change, suspend or discontinue
any aspect of the Site, including, but not limited to,
content, features or hours of availability. We may also
impose limits on certain features of the Site or
restrict your access to part or all of the Site without
notice or penalty.
There is no charge to you for use of the Site.
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"For Agents"
Section of Site. The password-protected portions
of the Site (e.g., the "for agents" section on
insuranceshoppingnetwork.com) is governed by these Terms
and Conditions and the Agent Agreement between the Site
Proprietor and insurance agents, brokers or other
companies to which the Site Proprietor issues Site
passwords.
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Proprietary
Rights. As between you and the Site Proprietor,
the Site Proprietor owns, solely and exclusively, all
rights, title and interest in and to the Site, all the
content, code, data and materials thereon, the look and
feel, design and organization of the Site, and the
compilation of the content, code, data and materials on
the Site, including but not limited to all intellectual
property and proprietary rights therein. Your use of the
Site does not grant to you ownership of any content,
code, data or materials you may access on the Site. Any
commercial use or exploitation of the Site is strictly
prohibited. You may view the content on the Site on your
personal computer or other internet-compatible device,
and make single copies or prints of the content on the
Site for your personal, non-commercial use only. You may
not otherwise copy, reproduce, distribute or otherwise
exploit any content, code, data or materials on the
Site. If you make other use of the Site, except as
otherwise provided above, you may violate copyright and
other laws of the United States, other countries, as
well as applicable state laws and may be subject to
liability for such unauthorized use. We do not grant any
license or other authorization to any user of our trade
names, trademarks, service marks or other marks or logos
without our separate express written agreement. Third
party marks are the property of their respective owners.
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User
Submissions. In the course of your use of the
Site, you may be asked to provide, or you may provide on
your own inclination, information or materials to us
(such information and/or materials referred to
hereinafter as "User Submissions"). User Submissions
include, for example, information you submit to us via
your application to receive insurance quotations
("Application Data"). User Submissions also include
information and materials you submit to us via other
on-line forms on the Site, by e-mail, or in any other
manner via the Site. Our information collection and use
policies with respect to the privacy of personal
information (with the exception of testimonials, which
may be used as set forth in Section 5, below) are set
forth in the Site’s
Privacy Policy which is incorporated herein by
reference for all purposes. Please read our Privacy
Policy before submitting any User Submissions. You
acknowledge and agree that you are solely responsible
for the accuracy and content of the User Submissions. We
cannot be responsible for maintaining any User
Submissions that you provide to us, and we may delete or
destroy any such User Submissions at any time. We
reserve the right to refuse to post or to remove any
User Submissions, in whole or in part, that, in our sole
discretion, are unlawful, unacceptable, undesirable,
inappropriate or in violation of these Terms and
Conditions.
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Testimonials.
If you submit a testimonial to us about how the Site has
worked for you, such testimonial will be deemed not to
be confidential or secret, and may be used by us in any
manner. By submitting or sending a testimonial to us,
you: (i) represent and warrant that the testimonial is
original to you, that no other party has any rights
thereto, and that any "moral rights" in such testimonial
have been waived, and (ii) you grant us a royalty-free,
unrestricted, worldwide, perpetual, irrevocable,
non-exclusive and fully transferable, assignable and
sub licensable right and license to use, reproduce,
publish, distribute, display, translate, summarize,
modify and adapt such testimonial (in whole or part)
and/or to incorporate it in other works in any form,
media, or technology now known or later developed, in
our sole discretion, with or without your name.
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User Conduct.
You warrant and agree that, while using the Site, you
shall not upload, post or transmit to or distribute or
otherwise publish through the Site any materials that:
(a) are protected by copyright, or other proprietary or
intellectual property right, without first obtaining
permission from the proprietary or intellectual property
rights holder; (b) are unlawful, threatening, harassing,
profane, tortuous, defamatory, vulgar, obscene,
libelous, deceptive, fraudulent, contain explicit or
graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a
violent or threatening nature directed at another
individual or group of individuals), invasive of
another's privacy or hateful, (c) restrict or inhibit
any other user from using and enjoying the Site, (d)
constitute or encourage conduct that would constitute a
criminal offense or give rise to civil liability, or (e)
contain a virus or other harmful component, advertising
of any kind, or false or misleading indications of
origin or statements of fact.
You also warrant and agree that you shall not: (a)
impersonate any person or entity or misrepresent your
affiliation with any other person or entity; (b) upload,
post, publish, transmit, reproduce, distribute or in any
way exploit any information or other material obtained
through the Site for commercial purposes; (c) engage in
spamming, flooding, harvesting of e-mail addresses or
other personal information, spidering, "screen
scraping," "database scraping," or any other activity
with the purpose of obtaining lists of users or other
information, or send chain letters or pyramid schemes
via the Site; or (d) attempt to gain unauthorized access
to other computer systems through the Site. You agree
that you will not use the Site in any manner that could
damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any
materials or information through any means not
intentionally made available or provided for through the
Site.
You agree to defend, indemnify and hold the Site
Proprietor and its directors, officers, employees,
agents and affiliates harmless from any and all claims,
liabilities, costs and expenses, including reasonable
attorneys' fees, arising in any way from your misuse of
the Site, your placement or transmission of any message,
content, information, software or other materials
through the Site, or your breach or violation of the law
or of these Terms and Conditions.
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Your Account
and Password. We may enable you to establish an
account on the Site with a user name and password. If
so, you are responsible for maintaining the strict
confidentiality of your account password, and you are
responsible for any activity under your account and
password. You agree to (a) immediately notify us of any
unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit
from your account at the end of each session. It is your
sole responsibility to control the dissemination and use
of your password, control access to and use of your
account, and notify the Site Proprietor when you desire
to cancel your account on the Site. We will not be
responsible or liable for any loss or damage arising
from your failure to comply with this provision.
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DISCLAIMER OF
WARRANTIES. THE SITE, INCLUDING, WITHOUT
LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND
MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR
INFORMATION, DATA, DATA PROCESSING SERVICES, OR
UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF
INFORMATION, AND ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL
SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT
THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR
MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET
USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR
SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER
SUBMISSION; YOU SHOULD RETAIN ALL SUCH DATA AND
INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT
THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR
INFORMATION IS LOST.
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LIMITATION OF
LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETOR
OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
AFFILIATES, OR CONTENT OR SERVICE PROVIDERS
(COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING
FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF,
OR THE INABILITY TO USE, THE SITE OR THE CONTENT,
MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY
APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF
REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST
SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED
ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT
POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON
BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE
SITE.
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Links from and
to the Site. You acknowledge and agree that we
have no responsibility for the accuracy or availability
of information provided by Web sites to which you may
link from the Site ("Linked Sites"). Links to Linked
Sites do not constitute an endorsement by or association
with us of such sites or the content, products,
advertising or other materials presented on such sites.
We do not author, edit, or monitor these Linked Sites.
You acknowledge and agree that we are not responsible or
liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or
services available on such Linked Sites.
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Applicable
Laws. We control and operate this Site from our
offices in the United States of America. We do not
represent that materials on the Site are appropriate or
available for use in other locations. Persons who choose
to access this Site from other locations do so on their
own initiative, and are responsible for compliance with
local laws, if and to the extent local laws are
applicable.
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Miscellaneous.
The Terms and Conditions and the relationship between
you and us shall be governed by the laws of the State of
New York without regard to its conflict of law
provisions. You agree that any use of action that may
arise under the Terms and Conditions shall be commenced
and be heard in the appropriate court in the State of
Colorado. You agree to submit to the personal and
exclusive jurisdiction of the courts located within the
State of Colorado. Our failure to exercise or enforce
any right or provision of the Terms and Conditions shall
not constitute a waiver of such right or provision. If
any provision of the Terms and Conditions is found by a
court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of
the Terms and Conditions remain in full force and
effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action by you
arising out of or related to use of the Site or the
Terms and Conditions must be filed by you within one (1)
year after such claim or cause of action arose or be
forever barred.
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