3. Representations About Customer
You represent and warrant to us that you have the power and authority and are of sufficient legal age to enter into this Agreement. You agree to not pretend that you are, or that you represent, someone else, or impersonate any other person or entity. You represent and warrant that the information that you provide to us will be current, true, accurate, supportable and complete, and that if you provide incorrect or incomplete information it may affect the value of the Website to you. The Website is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through our Website. Thus, as a condition to using our Website, you represent and warrant to us that you are at least 13 years of age. If you are 13 or older but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and that they agree to it on your behalf.
4. User Acknowledgements
Unless order a specific service through the Site, ComparisonQuote.com does not charge you a fee to use the Website. Those ordering a specific service from the Site may pay ComparisonQuote.com fees for services and to be matched with users of the Website, however. ComparisonQuote.com is not involved with and is not responsible for any fee arrangement that you may enter into with any third-party utilizing our Website or rating engine. You acknowledge or agree that ComparisonQuote.com is not a party to any compensation arrangement between you and a third-party. Except where prohibited by law, in no event will ComparisonQuote.com be liable for any losses, costs, damages, or claims in connection with, arising from or related to your use of a third-party’s products or services, including any fees charged by a that third-party.
5. Intellectual Property With Respect to the Website
The content of this Website is ours and is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Website and all related intellectual property not expressly granted under this Agreement. If you submit comments, suggestions, ratings, or other feedback regarding the Website or your experience (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you. You are granted permission to use the information provided to you on or via the Website solely for your own personal, non-commercial use, provided that none of the content is modified and that any legal legends are retained. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be used, copied, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written permission.
6. Restrictions on the Use of the Website
You may not rent, lease, lend, sell, redistribute, reproduce or sub-license the Website. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licencors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit or interfere with the Website in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.
7. Limitations on Availability
The Website is controlled and operated by IronPoint Insurance Services, LLC from within the United States. The Website or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Website is available or permitted in any particular location. Use of the Website is void where prohibited. You use the Website at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Website as required by law.
8. Third Party Offerings
ComparisonQuote.com provides a tool via which you can obtain estimates or quotes and certain other information concerning third-party product and service providers, such as Service Providers. ComparisonQuote.com is not responsible for either the availability of these Service Providers or their offerings, including for any products or services you may obtain by contacting any of them as a result of your use of the Website or the features hereof. We make no guarantees regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. ComparisonQuote.com does not necessarily guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available. ComparisonQuote.com does not necessarily validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any products or services that they may offer or provide to you and that ComparisonQuote.com shall not be 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. ComparisonQuote.com always recommends the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any insurance decisions. You acknowledge and agree that you rely solely on your own judgment and that of your advisor in selecting any products or services offered by Service Providers.
9. We are NOT and Insurance Company, We’re an Agent
ComparisonQuote.com is not an insurance underwriter or an insurance company. We do not design, set the pricing, or develop the underwriting rules. We are an insurance agent, and will from time-to-time, endorse or recommend the insurance products of our partners insurance carriers.
10. Communications with You about Your Insurance Needs
By providing your e-mail address and/or phone number (as the case may be) via the ComparisonQuote.com Website, you authorize us and our associated insurance carriers, or contact centers to call you, email you, or text you concerning (i) your insurance needs or quote requests, (ii) any issue regarding our services and/or (iii) to provide information or offers that may be of interest to you, including in response to quotes you have requested from us or our associated insurance carriers. ComparisonQuote.com, IronPoint Insurance Services, contracted contact centers and its partner insurance carriers may contact you at any telephone number(s), cellular or otherwise, that you provide us. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing system (ATDS) technology to contact you. Message and data rates may apply. You also understand that your consent is not a condition of purchase, and that you can call IronPoint Insurance Services, LLC directly at 1-877-344-7646 for more information.
We agree that you may withdraw your consent to be contacted. However, the following procedures must be followed. For emails, you may opt out of receiving e-mails at any time by unsubscribing as set forth in any email you receive from us. To withdraw your consent to be contacted by telephone, send a written “Notice of Revocation of Consent” to the following address: IronPoint Insurance Services, LLC, C/O ComparisonQuote.com, PO Box 62436, Irvine, CA 92602. In the Notice of Revocation of Consent, identify your full name and the telephone number(s) for which you wish to withdraw your consent.
If any of your telephone number(s) change, or if you cease to be the owner, subscriber or primary user of a telephone number you have previously provided, you agree to notify us immediately of such facts so that we may update our records.
IF YOU PROVIDE YOUR EMAIL TO US, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM US AND/OR OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT SUCH EMAIL ADDRESS MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
11. Disclaimer of Warranty
THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR ESTIMATES MIGHT BE WRONG. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE DISCRETION AND RISK.
12. Limitation of Liability
IN NO EVENT SHALL THE ZEBRA BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, WARRANTY, RELIANCE, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ZEBRA’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO US BY YOU FOR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF DAMAGES OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. FOR EXAMPLE, IN NEW JERSEY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY DUE TO INTENTIONAL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE OR VIOLATION OF A LEGAL DUTY IMPOSED ON THE ZEBRA UNDER NEW JERSEY LAW.
This Agreement may be modified by The Zebra at any time by updating and posting a new version of it on the Website or by otherwise notifying you of the revised Agreement. By subsequently using the Website, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
14. U.S. Government Restricted Rights
The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
15. Governing Law and Choice of Forum
THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. You also agree that the state or federal courts sitting in Orange County, California shall have exclusive jurisdiction and venue over any claim or dispute arising out of this Agreement or relating to your use or visitation of our Website, and you hereby consent to the personal jurisdiction and venue of the federal and state courts sitting in Orange County, California.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision shall be enforced, and reconstructed if need be in a way that best embodies the intent of this Agreement, to apply to the maximum extent allowable under applicable law. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.