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Site Terms and Conditions of Use
The following terms and conditions of use (the "Terms and Conditions") govern your use of the www.quoteclicker.com website (the "Site"). The Site is made available by QuoteClicker (the "QuoteClicker" or "we"). BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW. We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on this Site. By using this Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
1.0 Information Purposes Only. User understands and agrees that the terms of this Site are for information purposes only. QuoteClicker does not, by this website, directly or indirectly make any representation or warranty as to the ability, competence, experience, or services provided by any of the individual insurance agent or insurance brokers referred to User in this website. The referrals provided to User by QuoteClicker to offer information and contact purposes only, and the information provided is on an “as is” basis to user.
2.0 Services Available on this Site. Through the Site, we provide a service by which consumers can apply to receive insurance quotations from our network of insurance agents, brokers, representatives 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, we will attempt to match you with appropriate insurance agents, brokers, representatives or other companies. 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, representatives 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, representatives and companies that are matched with your on-line application. If you would like personal advice or specific policy recommendations, you should consult with an insurance agent, broker, or other qualified professional.
3.0 Proprietary Rights. As between you and the QuoteClicker, the QuoteClicker 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.
4.0 Testimonials. Any information User provides to the Site, by way of testimonials, suggestions to improve business efficiency, ideas for new services, or otherwise, shall be the sole and exclusive property of QuoteClicker, and may be used in any manner determined by QuoteClicker, including for any advertising and promotional purposes, if any. Such information provided by the User is not and will not be treated as confidential, proprietary, or otherwise protected from disclosure, but shall be deemed to become part of the public forum.
5.0 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.
6.0 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.
7.0 No Representations. No representations or warranties are made to you via the Site. Further, QuoteClicker makes no express or implied warranties or representations as to the quality or characteristics of any referral made to the user through this website. Company strongly urges user to investigate and research the background of any individual insurance agent or insurance broker referred to in this website, through all applicable state and/or federal regulatory agencies and other informational sources relevant to the purposes for which user requests a referral.
8.0 Limitation of Liability. In no event shall the QuoteClicker 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. To the extent any dispute arises between User and QuoteClicker with respect to any referral made hereunder, User agrees that Company’s liability shall be limited to the membership fee paid by User, if any, to access this website.
9.0 Applicable Laws. The use of this website and all claims arising from or relating to the Use of such website and the information provided therefrom shall be governed by the laws of the State of Texas, notwithstanding any conflict of law principles to the contrary in any other state or jurisdiction.
10.0 Acceptance. By using the information on this Site, in any manner, User has accepted and consented to these Terms and Conditions.
11.0 Governing Law and Consent to Jurisdiction: This Terms and Conditions will be governed by the laws of the state of Texas without regard for the conflicts of laws principles of any State. The Parties hereby expressly consents to the personal jurisdiction in the state of Texas for any arbitration or lawsuit filed by one party against the other, relating to or arising from these Terms and Conditions.
12.0 Indemnity. User agrees to defend, indemnify and hold the QuoteClicker 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 User's use or 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.
13.0 Arbitration. Any dispute between the User and QuoteClicker arising from or relating to the use of this website, referrals provided, or any other matter relating to any services or information provided herein, shall be resolved by binding arbitration before a three (3) panel arbitration committee before the American Arbitration Association (“AAA”) in Houston, Harris County, Texas. Each party to the arbitration shall bear its own fees and cost, and not be entitled to receive attorney’s fees or costs related to the arbitration or the prosecution of any claim or defense in arbitration. These Terms and Conditions shall be governed by the laws of the State of Texas, notwithstanding any conflict of law principles to the contrary in any other state or jurisdiction.
1.0 Information Purposes Only. User understands and agrees that the terms of this Site are for information purposes only. QuoteClicker does not, by this website, directly or indirectly make any representation or warranty as to the ability, competence, experience, or services provided by any of the individual insurance agent or insurance brokers referred to User in this website. The referrals provided to User by QuoteClicker to offer information and contact purposes only, and the information provided is on an “as is” basis to user.
2.0 Services Available on this Site. Through the Site, we provide a service by which consumers can apply to receive insurance quotations from our network of insurance agents, brokers, representatives 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, we will attempt to match you with appropriate insurance agents, brokers, representatives or other companies. 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, representatives 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, representatives and companies that are matched with your on-line application. If you would like personal advice or specific policy recommendations, you should consult with an insurance agent, broker, or other qualified professional.
3.0 Proprietary Rights. As between you and the QuoteClicker, the QuoteClicker 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.
4.0 Testimonials. Any information User provides to the Site, by way of testimonials, suggestions to improve business efficiency, ideas for new services, or otherwise, shall be the sole and exclusive property of QuoteClicker, and may be used in any manner determined by QuoteClicker, including for any advertising and promotional purposes, if any. Such information provided by the User is not and will not be treated as confidential, proprietary, or otherwise protected from disclosure, but shall be deemed to become part of the public forum.
5.0 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.
6.0 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.
7.0 No Representations. No representations or warranties are made to you via the Site. Further, QuoteClicker makes no express or implied warranties or representations as to the quality or characteristics of any referral made to the user through this website. Company strongly urges user to investigate and research the background of any individual insurance agent or insurance broker referred to in this website, through all applicable state and/or federal regulatory agencies and other informational sources relevant to the purposes for which user requests a referral.
8.0 Limitation of Liability. In no event shall the QuoteClicker 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. To the extent any dispute arises between User and QuoteClicker with respect to any referral made hereunder, User agrees that Company’s liability shall be limited to the membership fee paid by User, if any, to access this website.
9.0 Applicable Laws. The use of this website and all claims arising from or relating to the Use of such website and the information provided therefrom shall be governed by the laws of the State of Texas, notwithstanding any conflict of law principles to the contrary in any other state or jurisdiction.
10.0 Acceptance. By using the information on this Site, in any manner, User has accepted and consented to these Terms and Conditions.
11.0 Governing Law and Consent to Jurisdiction: This Terms and Conditions will be governed by the laws of the state of Texas without regard for the conflicts of laws principles of any State. The Parties hereby expressly consents to the personal jurisdiction in the state of Texas for any arbitration or lawsuit filed by one party against the other, relating to or arising from these Terms and Conditions.
12.0 Indemnity. User agrees to defend, indemnify and hold the QuoteClicker 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 User's use or 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.
13.0 Arbitration. Any dispute between the User and QuoteClicker arising from or relating to the use of this website, referrals provided, or any other matter relating to any services or information provided herein, shall be resolved by binding arbitration before a three (3) panel arbitration committee before the American Arbitration Association (“AAA”) in Houston, Harris County, Texas. Each party to the arbitration shall bear its own fees and cost, and not be entitled to receive attorney’s fees or costs related to the arbitration or the prosecution of any claim or defense in arbitration. These Terms and Conditions shall be governed by the laws of the State of Texas, notwithstanding any conflict of law principles to the contrary in any other state or jurisdiction.
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