THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.
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The Website may offer various applications, widgets, email notifications and other services (collectively, the “Services”) that provide a venue through which you can obtain information and you can find third-party service providers, such as financial institutions, credit card providers, mortgage brokers, insurance brokers, insurance agents, discount program representatives and other insurance professionals (“Service Providers”). We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers.
The Services are broad in scope and do not consider your personal financial situation. Your personal financial situation is unique and the information on the Website may not be appropriate for your situation. Accordingly, before making any financial decisions, we recommend that you obtain additional information and advice of your accountant and other financial advisors who are aware of your individual circumstances.
Requests for Quotes or Offers. Our Services may give you the opportunity to request to be matched with and receive quotes or offers from Service Providers by providing your name and contact information, such as your email address and telephone number (a “Match Request”). If you make a Match Request or otherwise provide your telephone number or email address on the Website, you expressly authorize Service Providers and All Web Leads and their agents and Afiliated companies to contact you by telephone, fax and email at the telephone numbers and email addresses provided, for purposes of providing you with the quotes, products and services indicated in your Match Request, and for marketing purposes. You agree that such communications may be sent to your mobile phone via automated telephone dialing system, prerecorded calls, text messages, SMS, MMS, and picture messages, even if the phone number is on a corporate, state or national Do Not Call list. Further, you agree to receive marketing emails even if you previously opted out of receiving marketing emails from All Web Leads or specific Service Providers.
Service Providers. It is your sole responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. You are solely responsible for your financial decisions, and we urge you to obtain the advice of financial advisors, insurance agents, brokers and other qualified professionals who are fully aware of your individual
insurance coverage or any other financial products. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available
WE EXPRESSLY DISCLAIM LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SERVICE PROVIDERS. YOU RELEASE US OF ANY AND ALL LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM, OR RELATED TO YOUR USE OF A SERVICE PROVIDER’S PRODUCTS OR SERVICES.
IMPORTANT NOTICE REGARDING CONSUMER REPORT PRACTICES. BY SUBMITTING A QUOTE REQUEST, YOU AUTHORIZE AND AGREE THAT SERVICE PROVIDERS MAY OBTAIN ADDITIONAL BACKGROUND INFORMATION ABOUT YOU TO PROVIDE YOU WITH YOUR REQUEST. FOR EXAMPLE, CONSUMER AND CREDIT REPORTS AND DRIVING RECORDS MAY BE ORDERED IN CONNECTION WITH YOUR QUOTE REQUEST. THESE REPORTS MAY PROVIDE ADDITIONAL INFORMATION THAT MAY ASSIST SERVICE PROVIDERS IN DETERMINING YOUR ELIGIBILITY FOR THEIR PRODUCTS OR SERVICES, AND RATES THAT YOU MAY BE CHARGED. CONSUMER REPORTS MAY ALSO BE USED FOR UPDATES, RENEWALS, OR EXTENSIONS OF ANY INSURANCE YOU MAY OBTAIN. A PROVIDER MAY ALSO OBTAIN AND USE A CREDIT-BASED INSURANCE SCORE CONTAINED IN YOUR CREDIT REPORT. THIS INFORMATION MAY BE COMBINED BY A PROVIDER WITH INFORMATION YOU SUBMIT TO US, AND BY SUBMITTING A MATCH REQUEST, YOU ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR WRITTEN PERMISSION TO OUR SERVICE PROVIDERS TO OBTAIN YOUR CREDIT REPORT.
Your Access and Use of the Services
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater, that you are a resident of the United States of America, and that you agree to these Terms. The Website and its contents, including the information available on it, are intended for personal, non-commercial use only and only by U.S. residents. You agree to abide by all applicable federal, state, and local laws and regulations with respect to your use of the Website, and you shall provide only true, accurate, current, and complete information (and updates thereto) when submitting information through the Website. You shall only use the Website as permitted by this Agreement, and you shall not disrupt or intercept electronic information posted on this Website or on any of our servers or use the Website for any commercial, illegal, or inappropriate purpose.
Our Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services.
You may be allowed to contribute information and make statements through blogs, messaging, chat rooms, bulletin boards and other forums available on the Website (“User-Generated Content”). By submitting any User-Generated Content to us or on the Website, you grant All Web Leads a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant All Web Leads the license specified above. All Web Leads shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you. You are solely responsible for all your transmissions, submissions or postings.
Neither we nor our advertisers are involved in the transmission of User-Generated Content, and neither we nor our advertisers approve or endorse any User-Generated Content. You hereby acknowledge and agree that we do not have control over the User-Generated Content’s quality, correctness, timeliness, Safety truth, accuracy or legality. Without limiting the foregoing, we reserve the right (but do not undertake the obligation) to remove, edit, and refuse to post any User-Generated Content for any or no reason.
When you visit or submit information on the Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by postal mail, we may also choose to communicate with you by email or by posting notices on the Website. In addition, you acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT”, “GET QUOTES”, ANY LINK THROUGH WHICH YOU SUBMIT CONTACT INFORMATION, or such similar links as may be designated by All Web Leads to accept these terms and conditions of this Agreement, you are submitting a legally binding electronic signature and entering into a legally binding contract.
Third Party Links and Services
The Website may include links or access to third-party websites, such as links from advertisers, sponsors, content partners, business partners, affiliates, Service Providers and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We do not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on or through the Website are the best terms or lowest rates available.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
THE CONTENT AND ALL SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THE WEBSITE. THE WEBSITE AND SERVICES ARE OFFERED “AS IS.” WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WEBSITE IS FREE 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. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED BY SERVICE PROVIDERS, AND ANY IMPLIED WARRANTY IS DISCLAIMED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.
WE SHALL NOT 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 WEBSITE AND SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) THE ACTIONS OR INACTION OF SERVICE PROVIDERS.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
Any dispute relating in any way to your visit to, or use of the Website, the Services, any other products or services offered through the Website, any telephone calls, emails, or text messages that you receive from Service Providers or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Texas without regard to principles of conflict of laws.