Last updated: March 25, 2014
Your Compliance with this Agreement
Your Access to and Use of the Site
Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that Company, in its sole discretion, may elect to take. Company reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.
Your Access to and Use of Services on the Site
You agree to immediately notify Company of any unauthorized use of your password, any unauthorized use of any account that you may have with Company, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on the Site by sending an email to: firstname.lastname@example.org.
The Site may give you the opportunity to request to be matched (a "Match Request") with, and receive quotes or offers from, insurance carriers and/or insurance agencies (“Insurance Providers”). Portions of the Site providing this opportunity (the "Match Request Areas") are only available to residents of the United States, and may not be available in all states.
Transmissions, Submissions and Postings to the Site
If you transmit, submit or post information to the Site that is not Federally trademarked and/or copyrighted, you automatically grant Company and its affiliates and assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Company to transmit, submit or post information to the Site that is Federally trademarked and/or copyrighted, you automatically grant Company and its assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to the Site:
You are solely responsible for all your transmissions, submissions or postings (i.e., your own user-generated Content) and the consequences of transmitting, submitting or posting them.
Intellectual Property Rights
Company's names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Company in the United States and/or other countries (collectively, the “Company Marks”). You may not use the Company Marks without the prior express written permission of Company, which permission may be withheld or restricted in Company's sole discretion. Company makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are copyrighted by, or otherwise licensed to, Company or its Content suppliers. Company also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on the Site (the "Software") is the property of Company or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of Company's or any third party's intellectual property rights regarding the Company Marks, the Content, the Collective Work, the Software and/or any other harm incurred by Company or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Use of Content
Company grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or
use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior
written permission of Company, which permission may be withheld in Company's sole discretion.
You may not use any meta tags or any other "hidden text" utilizing Company's name or trademarks without the express written permission of Company, which permission may be withheld in Company's sole discretion.
Access and Interference
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without Company's express written permission which may be withheld in Company's sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Company's sole discretion an unreasonable or disproportionately large load on Company's infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass Company's robot exclusion headers or other measures Company may use to prevent or restrict access to the Site. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site. You shall not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of the Site without Company's express, written permission, which permission may be withheld in Company's sole discretion.
When you visit the Site or send email to Company, you are communicating with Company electronically. You consent to receive communications from Company electronically. Although Company may choose to communicate with you by regular mail, Company also may choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.
There may be provided on the Site links to other Web sites belonging to Company's advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by Company of those Web sites, nor the products or services listed on those Web sites. Company is not responsible for the activities or policies of those Web sites. Company does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Company does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Insurance Provider or other third party on the Site are the best terms or lowest rates available in the market.
If Company provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier's normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.
No Representations or Warranties Regarding the Content
The Content and all services and products associated with The Site are provided to you on an "as-is" and "as available" basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of The Site or the information, content, materials, products or services included on or associated with The Site. You expressly agree that your use of The Site and all products and services included on or associated with The Site is at your sole risk.
Company does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with The Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with The Site. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with The Site. Company makes no representation, warranty or guarantee that the Content that may be available for downloading from The Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Site is controlled and offered by Company from Company's facilities in the United States of America. Company makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Liability
Company shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of The Site; (iii) your delay in accessing or inability to access or use the Site for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY AND/OR ITS INSURANCE PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. COMPANY'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER-GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Indemnification of Company
You shall defend, indemnify and hold harmless Company, its affiliates and their respective officers, directors, shareholders, managers, members, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Company; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own user-generated content); and/or (vi) any personal injury or property damage caused by you.
Company reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon Company posting the updated Agreement on the Site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that Company may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Company shall be entitled, in addition to all rights and remedies, to seek an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to seek a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Bergen County, New Jersey, or the United States District Court for the District of New Jersey located in Newark, New Jersey. You consent to the jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) the Site shall be deemed solely based in the State of New Jersey; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over Company, its affiliates and assigns, either specific or general, in jurisdictions other than the State of New Jersey.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement shall be brought in the courts of record of Bergen County, New Jersey, or the United States District Court for the District of New Jersey located in Newark, New Jersey.
You consent to the jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Company from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact Company via any of the methods set forth below:
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