The following terms and conditions of
use (the "Terms and Conditions") govern your use
of the www.autoinsuranceremedy.com (the "Site").
The Site is made available by AutoInsuranceRemedy.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 or discount program quotations. We seek to provide
valuable information that individuals can use to make their
own decisions about insurance and discount programs. 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, discount programs 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
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, discount program 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.
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
the entire Site without notice or penalty.
There is no charge to you for use of the Site.
- Proprietary Rights. 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 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 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.
- 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.
- 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.
- 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 Utah 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 Utah.
You agree to submit to the personal and exclusive jurisdiction
of the courts located within the State of Utah. 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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