WEBSITE TERMS AND CONDITIONS
The QuoteWhiz website located at QuoteWhiz (the "Site") will enable you to access information about various types of life insurance, life insurance options and provider information. When you use this Site, you represent and warrant that you understand that the Site is not affiliated with or managed, endorsed or sanctioned by any life insurance carrier or any state or federal governmental entity.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
The Site is an Internet property of QuoteWhiz and its affiliated companies ("QuoteWhiz," "we," "our" or "us"). You are agreeing to comply with and be bound by the following QuoteWhiz Terms and Conditions ("Terms and Conditions") when you: (a) access the Site; (b) apply for, request or obtain information and/or rate quotes ("Rate Quote Services") regarding certain third party life insurance-related products and/or services (collectively, "Third Party Quotes and Products") as offered by our third party life insurance service providers ("Third Party Service Providers"); and/or (c) view certain content, links and other material pertaining to the Third Party Service Providers, the Third Party Quotes and Products and other related text, graphics, photos and other content (collectively, "Content," and together with the Site, Rate Quote Services and Site, the "Site Offerings").
QuoteWhiz IS A PRODUCT AND/OR SERVICE MATCHING SERVICE, MATCHING CONSUMERS WITH PERSONS OR COMPANIES THAT OFFER PRODUCTS AND/OR SERVICES OF INTEREST TO THE CONSUMER. QuoteWhiz IS NOT A LICENSED BROKER, CARRIER OR DIRECT PROVIDER OF INSURANCE PRODUCTS OR SERVICES. IN ORDER TO PERFORM THE MATCHING SERVICES AND ENABLE YOU TO SECURE A QUOTE FROM A PROVIDER, QuoteWhiz MAY REQUIRE YOU TO SUBMIT HEALTH INFORMATION. YOUR RESPONSES AND THE INFORMATION YOU CHOOSE TO SUBMIT IN ORDER TO OBTAIN A QUOTE WILL HELP US IMPROVE THE ACCURACY OF YOUR QUOTE RESULTS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE INFORMATION YOU CHOOSE TO PROVIDE TO US WILL BE COLLECTED, STORED AND TRANSMITTED ONLY TO OUR PARTNERS AND SOLELY FOR THE PURPOSE OF MATCHING YOU WITH THIRD PARTY PROVIDERS WHO CAN PROVIDE YOU WITH QUOTES.
1. Acceptance of Agreement; Modification. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site Offerings. The Agreement constitutes the entire and only agreement between you and QuoteWhiz with respect to your use of the Site, and supersedes all prior and contemporaneous agreements, representations, warranties and/or understandings with respect to the Site Offerings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings after the Agreement has been changed, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
2. Requirements; Termination of Access. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law and who are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction). If a user is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that user is unable to enter into legally binding contracts under applicable law, that user does not have permission to use and/or access the Site Offerings. QuoteWhiz may terminate any user's access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where QuoteWhiz believes that such user is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that QuoteWhiz is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, Insurance Services or other Third Party Service Provider sponsored products and/or services, or for any dispute between you and any Third Party Service Providers. You understand and agree that QuoteWhiz shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any Third Party Service Providers.
If QuoteWhiz terminates the Agreement for any reason, QuoteWhiz shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with QuoteWhiz The Agreement only governs your use of the Site.
4. Non-Endorsement; Passive Conduit.
(a) QuoteWhiz does not sponsor, recommend or endorse any Third Party Service Provider that is accessible by or through the Rate Quote Services and/or other Site Offerings. The Third Party Service Providers that are accessible by and through the Rate Quote Services pay a fee for access to the users that utilize the Rate Quote Services. QuoteWhiz does not guarantee that users will successfully find Third Party Quotes and Products through the Site Offerings.
(b) Please use caution and common sense when using the Site Offerings. QuoteWhiz in no way endorses the content or legality of any responses, statements or promises made by Third Party Service Providers or any other parties on the Site or otherwise through the Site Offerings.
(c) The determination of the need for life insurance and the choice of life insurance providers are extremely important decisions and should not be based solely on advertisements, claims of expertise, or cost offered by any Third Party Service Provider. QuoteWhiz does not review the standing of any Third Party Service Providers with any regulatory authority or governmental agency. Therefore, QuoteWhiz makes no representation regarding the status, standing or ability of any Third Party Service Provider. When considering obtaining services from a Third Party Service Provider, users should check that Third Party Service Provider's standing with the applicable regulatory and/or governmental agencies.
(d) QuoteWhizdoes not involve itself in the agreements between users and Third Party Service Providers or the actual provision of Third Party Quotes and Products in connection with the relationships created thereby. Therefore, QuoteWhiz does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its users or Third Party Service Providers. Each user, and not QuoteWhiz, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Service Providers that the user communicates with via the Rate Quote Service. Because QuoteWhiz is not involved in user interactions, in the event that you have a dispute with one or more Third Party Service Providers and/or other third-parties, you hereby release QuoteWhiz from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
5. Content. The Site contains Content which includes, but is not limited to, links, text, video and/or other information pertaining to life insurance-related products and/or services. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. QuoteWhiz disclaims any and all liability for any loss, damage or injury based on Content or other information directly or indirectly obtained through the Site Offerings.
6. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings and associated Content in accordance with the Agreement. QuoteWhizmay terminate this license at any time for any reason. You may use the Site Offerings for your own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, Content or any portion thereof. QuoteWhiz reserves any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from QuoteWhiz is prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the QuoteWhiz infrastructure. Your right to use the Site Offerings is not transferable.
7. Proprietary Rights. The Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property and moral) rights. The copying, redistribution, publication or sale by you of any part of the Site Offerings is strictly prohibited. You do not acquire ownership rights in the Site Offerings or any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by QuoteWhizdoes not constitute a waiver of any right in such information and/or materials.
8. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete, at any time, any documents, information or other Content appearing on the Site.
9. Indemnification. You agree to indemnify, defend and hold QuoteWhiz, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site Offerings and/or Third Party Quotes and Products; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Service Provider; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 9 are for the benefit of QuoteWhiz, its parents, subsidiaries and affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties. THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL PROMISES, GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, QuoteWhiz MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES THAT: (A) THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY QUOTES AND PRODUCTS OR OTHER INSURANCE SERVICES FROM OUR THIRD PARTY SERVICE PROVIDERS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS WILL BE ACCURATE OR RELIABLE OR SUFFICIENT FOR YOUR PARTICULAR NEEDS. THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QuoteWhiz, ITS THIRD PARTY SERVICE PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS, SHALL CREATE ANY PROMISE, GUARANTEE, REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT QuoteWhiz SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF QuoteWhiz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES ARE FORESEEABLE), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE OFFERINGS; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY QUOTES AND PRODUCTS FROM OUR THIRD PARTY SERVICE PROVIDERS; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTSAND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE QuoteWhiz AND ITS THIRD PARTY SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF QuoteWhiz TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND QuoteWhiz. THE SITE OFFERINGS, THIRD PARTY QUOTES AND PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
12. Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, the websites of Third Party Service Providers. Because QuoteWhiz has no control over such third party websites and/or resources, you hereby acknowledge and agree that QuoteWhiz is not responsible for the availability of such third party websites and/or resources. Furthermore, QuoteWhiz does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom. The Site may contain links to other third-party owned and/or operated websites and, where you request information from Third Party Providers, QuoteWhiz may transfer you directly to the websites of such Third Party Providers. QuoteWhiz is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and QuoteWhiz has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies or terms and conditions of such website. These third party entities are independent third parties and are not affiliated with us.
14. Legal Warning. Any attempt by any individual, whether or not a QuoteWhiz customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and QuoteWhiz will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
15. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).
Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the American Arbitration Association, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against QuoteWhiz and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that QuoteWhiz incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action, in binding arbitration as provided herein above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
16. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or any QuoteWhiz offering is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. QuoteWhiz may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
17. Contact Us. If you have any questions regarding the Agreement, would like more information from QuoteWhiz, wish to unsubscribe from emails QuoteWhiz or third party marketers (if applicable), or revoke any prior express written consent you may have given in order to be contacted for purposes of receiving an insurance quote, you may contact QuoteWhizby any of the following means: (a) in writing to 8345 Northwest 66 Street, Suite 8577, Miami, FL 33166; (b) by email to info@QuoteWhiz.com; (c) by text message (STOP) sent to 1-877-210-1646; (d) by facsimile to (866) 571-9618; (e) by phone call to our toll-free phone number, 1-877-210-1646; or (f) orally, during the course of any call with QuoteWhiz. Without limiting any of the foregoing, you can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. We will consider all reasonable requests, and must say yes if you tell us you would be in danger if we do not.
18. California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.