www.InsureExperts.com
TERMS OF SERVICE
Last Updated: 09/01/2009
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.
BY USING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ
THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION,
TO BE LEGALLY BOUND BY THIS AGREEMENT AND THE TERMS OF THE COMPANY'S
PRIVACY POLICY WHICH IS INCORPORATED HEREIN AS THOUGH FULLY SET
FORTH. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE
THIS WEB SITE.
1. Services:
InsureExperts.com insurance matching service matches consumers
with prospective insurers participating in InsureExperts.com's
network of insurance providers ("participating insurers").
To use the service, you must complete one or more online forms
that request specific information from you, including, but not
limited to, your name, address, telephone number, email address,
social security number, driver's license number, banking account
information, employment information, and personal references.
InsureExperts.com 's collection and use of this information is
subject to this site's Privacy Policy. In order to use this web
site or the service, you must agree to these terms and conditions
as well as the Privacy Policy, which are incorporated herein by
reference.
Once You submit the form(s) to InsureExperts.com, we share your
information with one or more participating insurers. By submitting
the form(s), you understand and agree that you are submitting
an inquiry about an insurance product to InsureExperts.com and
each of the participating insurers to whom InsureExperts.com transmits
your insurance request. By submitting the form(s), you are extending
an express request to InsureExperts.com and each of their participating
insurers with whom your information is shared to contact you by
any means (including, without limitation, email, telephone, cellular
phone and direct mail) so that they may assist you with your transaction
or provide information to you about additional offers in which
you may be interested.
Participating insurers who receive your information from InsureExperts.com
review your information in real-time to determine whether your
information meets the insurer's insurance qualification criteria.
Participating insurers may, among other things, verify your social
security number, perform a credit check, and review your information
against national databases that tracks consumer transactions with
lending institutions. By submitting the form, you agree to allow
participating insurers to review, verify, and research your information
in such manner.
If a participating insurer determines that your application meets
its insurance qualification criteria, the InsureExperts.com web
site will redirect your browser to the insurer's web site. You
understand and agree that, once you have been redirected to the
insurer's web site, InsureExperts.com has no further involvement.
InsureExperts.com has no involvement in the insurance application
or approval process. Your subsequent interactions with the insurer
are subject to privacy policy, terms of use, and other policies
and/or terms enforced by that insurer.
InsureExperts.com is not a insurer and does not make insurance
or credit decisions in connection with its insurance matching
service nor does it guarantee acceptance into any particular insurance
program or specific insurance terms or conditions with any participating
insurer. InsureExperts.com does not guarantee that the price,
product, availability, rates, fees, or any other insurance terms
offered and made available by participating insurers through the
insurance matching service are the best terms available in the
market.
InsureExperts.com does not endorse or recommend the products
of any particular insurer. InsureExperts.com is not involved with
the insurer's use and/or review of your application information
or in making a determination about whether you meet a particular
insurer's insurance qualification criteria. The insurer is solely
responsible for its services to you, and you agree that InsureExperts.com
shall not be liable for any damages or costs of any type arising
out of or in any way connected with your use of the insurance
matching service. You understand that participating insurers may
keep your application information, whether or not you are qualified
for a insurance with them.
InsureExperts.com reserves the right to change any information,
features and/or functions of the insurance matching service without
prior notice. InsureExperts.com reserves the right to deny you
access to all or part of the services without prior notice. It
specifically disclaims any responsible for any errors or delays
in providing the insurance matching services caused by errors
in any of the application information provided by you or by any
technical problems beyond its control.
Disclaimers and Limitations
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
ASSOCIATED WITH IT ARE PROVIDED "AS IS." InsureExperts.com
EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE
AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. InsureExperts.com
MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR THE InsureExperts.com
'S SERVICES IS AT YOUR OWN RISK. InsureExperts.com AND/OR ITS
PARTICIPATING INSURERS OR ADVERTISERS OR ANY OF THEIR OFFICERS,
DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS,
ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS WEB SITE AND/OR SERVICES OR WITH
THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER
RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF InsureExperts.com
OR ITS PARTICIPATING INSURERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY
AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS
ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY
OF InsureExperts.com, ITS PARTICIPATING INSURERS, AND THEIR OFFICERS,
DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS,
ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Indemnity
As a condition of using this web site and/or the services offered
herein, you agree to indemnify InsureExperts.com, its participating
insurers, and trusted partners from and against any and all liabilities,
expenses (including attorneys' fees) and damages arising out of
claims resulting from your use of this web site, including without
limitation any claims alleging facts that if true would constitute
a breach by you of these Terms. InsureExperts.com is a dba of
Chantelle Chan, insurance licensed in California, license number
OF77479. All rights and protection of this terms of service document
to InsureExperts.com is extended to all individuals who own this
website.
Links to Third Parties
This web site contains links to other web sites operated by participating
insurers or other third parties. Such links are provided for your
convenience and reference only. InsureExperts.com does not operator
or control in any respect any information, software, products
or services available on such third party sites. Its inclusion
of a link to a web site does not imply any endorsement of the
services or the site, its contents, or its sponsoring organization.
Dispute Resolution
Any controversy or claim arising out of or relating to the use
of the web site, to the goods or services provided by InsureExperts.com,
or to any acts or omission for which you may contend InsureExperts.com
is liable, including but not limited to any controversy or claim
regarding whether the arbitration provision is applicable (collectively
"Dispute"), will be settled finally and exclusively
by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association in effect at that
time. You agree that the arbitration will be conducted in San
Jose, California and judgment on the arbitration award may be
entered into any court of competent jurisdiction in Santa Clara
County, California. No arbitrator shall have the power to award
damages in connected with any Dispute in excess of actual compensatory
damages and shall not multiply actual damages or award consequential,
punitive or exemplary damages, and each party irrevocably waives
any claim thereto. The agreement to arbitrate shall not be construed
as an agreement to the joinder or consolidation of an arbitration
under this agreement with an arbitration of disputes or claims
of any non-party, regardless of the nature of the issues of disputes
involved.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY
WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR
RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO
GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR
RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE
OR JURY. BY USING InsureExperts.com'S SERVICES YOU CONSENT TO
THESE RESTRICTIONS. IF YOU DO NOT AGREE TO THESE RESTRICTIONS,
DO NOT ACCESS THEIR WEBSITE.
In the event the arbitration provisions herein become inapplicable
or unenforceable, or in any instance of any lawsuit between you
and InsureExperts.com, you agree that jurisdiction over and venue
of any suit shall be exclusively in the state and federal courts
sitting in Santa Clara County, California. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the services must be filed
within one (1) year after such claim or cause of action arose
or be forever barred.
General Terms
These Terms constitute the entire agreement between you and InsureExperts.com.
These Terms shall be governed by the laws of the State of California
without regard to its conflict of law provisions. If any part
of these Terms is determined unenforceable pursuant to applicable
law, then the invalid and unenforceable provision will be deemed
superseded by a valid and enforceable provision that most closely
matches the intent of the original provision and the remainder
of these Terms shall remain in effect. Any failure by InsureExperts.com
to exercise or enforce any right or provision of these Terms will
not be deemed a waiver of such right or provision. InsureExperts.com
may amend these Terms at any time by posting the amended terms
on its web site. All amended terms are automatically effective
immediately, upon posting.
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