Terms And Conditions For
QuoteSphere.com
The following terms and conditions of use (the “Terms
and Conditions”) govern your use of the QuoteSphere.com:
Fast, Free Insurance Quotes Web site (the “Site”).
The Site is made available by QuoteSphere.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.
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.
"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.
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.
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.
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 sublicensable
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.
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, tortious, 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.
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.
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.
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.
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.
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.
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.