TERMS OF USE AGREEMENT
You are visiting a website owned or operated by {{selectedBranch.Brand}}, a {{selectedBranch.RegisteredStateCountry}} Company, doing business under its registered trade name(s) of (collectively as referred to herein, the "Company"). This Terms of Use Agreement ("Terms") applies to all websites owned or operated by the Company and its affiliates and subsidiaries ("Websites" or each individually a "Website") on which these Terms or a link thereto are displayed or incorporated by reference.
These Terms also apply to your use of any goods, facilities, or services offered through the Websites (collectively "Services"), regardless of where or how they are accessed, including but not limited to via a desktop computer or mobile device. It is important that you read these Terms in their entirety and carefully as some provisions affect your legal rights. THESE TERMS INCLUDE IMPORTANT LEGAL TERMS, INCLUDING ESSENTIAL OPT-OUT INFORMATION, AS WELL AS OTHER IMPORTANT DISCLAIMERS, WARRANTIES, LIMITATIONS ON LIABILITY AND WAIVERS.
By accessing, browsing, or using the Websites, you acknowledge that you have read, fully understand, and agree to the terms of these Terms, as well as our Privacy Policy (found here: privacy) ("Privacy Policy"), which is incorporated into these Terms by reference, as well as any other policy, agreement, or terms incorporated into these Terms by reference as outlined below.
For purposes of these Terms:
- "You" or "your" means the person(s) using the Websites and/or Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or Services.
- "Company," "us," "our," or "we" includes the Company (as defined above), and any of its affiliates or subsidiaries.
- "Provider(s)" includes, but may not be limited to insurers, service providers, dealers, agents, brokers, and other entities that partner with the Company and offer, solicit, arrange, or broker products or services through the Websites or relating to the Services.
- "Request for Services" refers to your request to be matched with one or more Providers of any of the products and services that you may be inquiring into through the Company's Websites.
Terms Modification & Updates
We reserve the right, at our sole discretion, to change or modify the Websites or these Terms (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review these Terms for any such change upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications.
No Minors Use
The Websites and Services are intended for individuals at least eighteen (18) years of age or older. By using or accessing the Websites or Services, you represent that you are at least eighteen (18) years old.
Additional Terms and Conditions
Some Services are subject to additional terms and conditions we make available to you in connection with the same, which may include usage policies and eligibility requirements, such as certain age or geographic restrictions (collectively, "Additional Terms"). By using our Services, you agree to and are bound by any such Additional Terms, and such Additional Terms are incorporated herein and made a part hereof by this reference.
Privacy Policy
Our Privacy Policy, incorporated into these Terms by reference, explains how we use, disclose, and protect your information as part of our Services and technology platforms. Our Privacy Policy contains state-specific policies that may apply depending on your state of residency, including California, Oregon and Nevada.
Ownership Rights
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces, data, and computer code, including but not limited to the design, coordination, "look and feel," and arrangement of elements contained on the Websites (collectively "Content") is owned or licensed by or to the Company. The Content is protected by trademark, copyright, and/or patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites, Content, or Services may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, aggregated, indexed, transmitted, distributed, or otherwise exploited in any way, including through the use of framing, scraping, webcrawlers, spidering, or any other automated means, or for any commercial purpose or enterprise, without the Company's prior express written permission. Nothing on the Websites or Services should be construed as granting any license or right to use any Content. The Company reserves any and all rights in and to Websites, Content, and Services not expressly granted to you under these Terms. You further agree to abide by any and all exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Websites, Content, or Services.
Code of Conduct
You are solely responsible for your conduct in connection with the Services. You must not:
- Alter, delete, or conceal any copyright, trademark, service mark, or other notice contained on the Websites, Content, and/or Services, and/or modify, reverse engineer, decompile, or disassemble any part of the same, whether in whole or in part, or create any derivative works from any part of the Websites, Content, and/or Services, or encourage, assist, or authorize any third party in doing so;
- Engage in or encourage conduct that (a) would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any other third party; (b) affects adversely or reflects negatively on the Company, its affiliates, the Websites, Content, Services, our goodwill, name, or reputation or causes duress, distress, or discomfort to us or anyone else; and/or (c) discourages any person or entity from using all or any portion, features, or functions of the Websites, Content, or Services, or from advertising, linking, or becoming a Provider to us;
- modify, disrupt, impair, alter, or interfere with the use, features, function, operation, or maintenance of the Websites, Content, or Services or the rights, use, or enjoyment of the same by any other user;
- impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity;
- solicit passwords or personally identifiable information for commercial or unlawful purposes from other users of the Websites, Content, or Services;
- access or use the Websites, Content, or Services or any element(s) thereof, in whole or in part, (a) to train any artificial intelligence and/or machine learning platforms, systems, applications, models, or algorithms (whether via the development or modification of a dataset, scraping, or reproducing content or data (or any caches or archives thereof), feature extraction methodologies or otherwise); or (b) in connection or combination with any data, information, content, and/or materials generated or developed by, with, or resulting from the use of any artificial intelligence and/or machine learning platforms, systems, applications, models, or algorithms, in each case, without the express, prior written consent of the Company (which may be withheld in the Company's sole and absolute discretion);
- engage in spamming, flooding, or harvesting of email addresses or other personal information; and/or
- engage in or facilitate "spidering," "screen scraping," "phishing," "database scraping," "web site crawling," "indexing," "data extraction," or any other similar activity on, through, or in connection with the Websites, Content, or Services for any purpose.
Links to Third Party Websites
The Websites may contain links to websites maintained by non-affiliated third parties ("Third Party Sites"). Links to Third Party Sites are provided for your convenience and reference only. We do not operate or control in any respect any content, information, software, products, or services available on any Third Party Sites. Our inclusion of a link or reference to a Third Party Site does not constitute any endorsement or recommendation of the services or content available on the Third Party Site or any third party that is referenced on, owns, or operates the Third Party Site. Your use of any Third Party Site may be subject to other terms and conditions imposed by the third party maintaining that Third Party Site. When you leave the Websites, you agree that the Company is not responsible for the services, content, or information provided on the Third Party Site, including but not limited to its quality, accuracy, reliability, availability, or suitability. Nor is the Company responsible for any direct or indirect technical or system issue that may arise out of or relate in any way to your use of or access to third-party technologies or programs available through a Third Party Site.
Disclaimers and Liability
THE WEBSITES, CONTENT, AND SERVICES ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE WEBSITES, CONTENT, OR SERVICES WILL PROVIDE SPECIFIC RESULTS OR BE COMPLETE, ACCURATE, RELIABLE, SUITABLE, ERROR-FREE, AVAILABLE, OR UNINTERRUPTED FOR ANY PURPOSE. YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN THE COMPLETION OR TRANSMISSION OF A REQUEST FOR A PRODUCT OR SERVICE, INCLUDING BUT NOT LIMITED TO SUCH ERRORS OR DELAYS CAUSED BY INCORRECT INFORMATION PROVIDED BY YOU OR TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.
THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION, TOOLS, OR ANALYSES AVAILABLE THROUGH OUR WEBSITES. ADDITIONALLY, THE REFERENCE, INCLUSION, OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE COMPANY. ANY RELIANCE YOU PLACE ON THE WEBSITES, CONTENT, OR SERVICES IS STRICTLY AT YOUR OWN DISCRETION AND RISK. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF (a) ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US; OR (b) THE WEBSITES, CONTENT, SERVICES, OR OTHER ITEMS OR INFORMATION LOCATED ON OR ACCESSIBLE VIA THE WEBSITES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES, OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES.
Indemnity
You agree to defend (if requested by any Company Party, as defined below), indemnify, and hold harmless the Company and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, representatives, subsidiaries, and affiliates ("Company Parties"), from and against any and all claims, losses, liabilities, expenses (including attorneys' fees and costs), demands, and damages incurred by a Company Party in connection with any claim by a third party arising out of or relating to: (a) your use of the Websites or Services; (b) your violation or alleged violation of these Terms; (c) your violation or alleged violation of any applicable law; (d) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (e) any dispute between you and a third party. You agree not to settle any such claim or matter without the Company's prior written consent. The Company Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
BOTH PARTIES TO THESE TERMS AGREE THAT ANY DISPUTE, INCLUDING WITHOUT LIMITATION, DISPUTES RELATING TO THE WEBSITES, CONTENT, OR SERVICES ("DISPUTE"), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH THE AAA'S CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN DENVER, COLORADO. THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, INCLUDING ON AN INDIVIDUAL OR CLASS-ACTION BASIS, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.
The parties agree to arbitrate solely on individual basis and each party waives the right to arbitrate any Dispute as a class action, either as a member or a representative OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Class arbitration (including the presiding over any form of a representative or class proceeding) and the consolidation of claims made by more than one plaintiff are both expressly prohibited. The parties hereby agree to arbitrate any Dispute solely on an individual basis. The arbitrator(s) shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis, and shall not do so on a class or collective action basis.
You agree that any Dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You agree that any Dispute or cause of action arising out of or related to the Websites, Services, or Content must be commenced within one (1) year from the later of (a) when the dispute or cause of action accrued, or (b) when you should have known about or discovered the accrual of the dispute or cause of action through the exercise of reasonable diligence. If you do not commence a dispute or cause of action in accordance with these requirements, such cause of action is waived and permanently barred. You agree that any dispute or disagreement regarding whether your alleged dispute or cause of action is time-barred is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
Governing Law; Venue; Jury Waiver
These Terms, and any disputes arising out of or related to these Terms or the Websites, Services, or Content, are governed by the laws of the State of Colorado without regard to any conflicts of laws provisions. If any matter proceeds in court, including post-arbitration confirmation proceedings, you agree to the exclusive personal jurisdiction by, and venue in, the state and federal courts located in Denver County, Colorado, and you waive any objection to such jurisdiction or venue. YOU FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THESE TERMS.
Entire Agreement
These Terms (including all referenced or incorporated policies, agreements, terms, and other provisions) constitute the entire agreement between you and the Company and supersede all prior or contemporaneous oral or written agreements or other communications between you and us with respect to the subject matter hereof. In the event of a conflict between the language or terms of these Terms and the language or terms of any policy, agreement, or terms incorporated by reference, the latter incorporated terms shall control.
Enforceability and Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, you agree that such provision shall be given effect to the greatest extent possible, including that it be modified to the greatest extent possible to render it enforceable with respect to the dispute at issue and to reflect the intent of these Terms to the greatest extent possible, and all remaining provisions and these Terms as a whole shall remain in full force and effect.
Waiver Only in Writing
The Company's failure to enforce any right or act with respect to any breach or alleged breach by you or others of these Terms does not constitute a waiver of any right and will not limit the Company's rights with respect to that breach or any subsequent breaches. No waiver by the Company of any of the provisions in these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of the Company.
Opt-out Instructions
You may opt out of receiving calls, texts, and/or emails from the Company by: (1) emailing the email address listed below in this section and stating that you no longer wish to be contacted by the Company by phone and/or email; (2) completing and submitting an Opt Out Form using the link listed below in this section; (3) calling the phone number listed below in this section and stating that you no longer wish to be contacted by the Company by phone and/or email; or (4) responding to any SMS, mobile, or text message you receive from the Company and stating you no longer wish to be contacted by the Company.
If you would like a Provider to no longer contact you, please contact the Provider directly and notify the Provider that you no longer want to receive communications (calls, texts and/or emails) from them. You agree that the Company is not responsible for a Provider’s failure to follow your or our instructions to cease communications with you. Note that if you complete a subsequent request for or inquiry about a product or service on the Websites, you may resume receipt of marketing calls or texts and will need to make a new opt-out request. You may update your preferred method of contact by emailing us at the email address listed below in this section.
You may opt out of receiving marketing emails from the Company by: (1) utilizing the "Unsubscribe" link at the bottom of emails; (2) completing and submitting an Opt Out Form using the link listed below in this section; or (3) emailing a request to be unsubscribed to the email address listed below in this section.
Company Email: {{selectedBranch.Email}}
Company Phone: {{selectedBranch.Phone}}
Opt Out Form: {{selectedBranch.output}}
Terms Applicable to All Services
On the Websites, we provide educational and informational content that enable consumers to comparison shop for home-related products and services offered by our network of Providers. We provide content and tools on our Websites that may allow you to develop or improve your financial education. We provide these materials for informational, educational, and entertainment purposes only. At no time are we providing or should you interpret us as providing legal, financial, insurance, investment, tax or estate planning advice.
THE COMPANY DOES NOT PROVIDE THE PRODUCTS OR SERVICES OFFERED BY ITS PROVIDERS. The Company's services are only administrative. Our Services allow you to comparison shop for various home services. Completing or submitting your information to the Company is a request to be matched with Providers of one or more particular products or services. When you submit a Request for Services, the Company will attempt to match you with Providers offering products or services for which you may qualify or that may be of interest to you. You also agree that we may try to identify matches for similar or alternative products or services based on your request and information provided in your Request for Services and that we may share your information with Providers of such similar or alternative products or services.
Any Request for Services is an inquiry or request to be matched with Providers that may be able to present offers for relevant services to you, which offers are subject to change at any time, including at the point of application with the Provider, after verification of information you provided, as well as other conditions as solely determined by any Provider with whom you proceed. You are under no obligation to proceed with any Provider or conditional offer.
SUBMITTING A REQUEST FOR SERVICES DOES NOT GUARANTEE THAT YOU WILL RECEIVE OFFERS FOR RELEVANT PRODUCTS OR SERVICES. Offers, if any, are based on information you provide when completing a Request for Services.
Providers, and not the Company, establish and maintain approval standards and determine the criteria necessary to receive both offers. You should review each Provider's terms and conditions to determine which offer works for you and your personal financial situation. We do not guarantee acceptance into any particular program or any specific terms or conditions with any Provider. We do not guarantee that rates or terms advertised or offered by Providers include the lowest or most favorable rates or terms available in the market. All rates, fees, and other terms are presented without guarantee and are subject to change at any time based on each Provider's discretion.
Lead Generation
The Company is paid a marketing lead generation fee by Providers for generating leads. Conditional offers that appear on the Websites are from companies from whom the Company receives compensation. In some cases, this compensation may impact how and where offers appear (such as the order). Your use of the Websites or Services constitutes your awareness and acknowledgement of this compensation arrangement and the potential impact it may have on presentation of offers or other products or services. We do not include all products, services, offers, or service providers available in the marketplace.
The Provider, and not the Company, will likewise determine the amount of any fees or costs and should provide information to you regarding the refundability of any fee or cost; the Company has no involvement in or responsibility over the delivery of the relevant goods and services by Providers, including but not limited to terms relating to payment.
Services offered by Providers may only be made to residents of states where Providers are authorized to conduct business. A Provider's participation in and offering of its products or services on the Websites does not necessarily constitute an offer by a Provider or the Company to provide services outside of their respective authorized jurisdictions. To the extent you seek or receive information from a Provider or the Company regarding any prospective product or service that would be outside the Providers' or the Company's authorized jurisdiction(s), that information is for informational purposes only. Providers and the Company shall have the right to discontinue, suspend, or terminate the offering of any product or service in any specific state through the Websites at any time, without prior notice.
The Company is not an agent of you or any Provider. You should rely on your own judgment in deciding which available products, services, and Providers best suit your personal financial situation. The Provider is solely responsible for its services to you, and you agree that the Company shall not be liable for any damages or costs of any type arising out of, or in any way connected with, your use of any products or services purchased from Providers. In addition, the Company may receive personally identifiable information regarding the disposition of your account from the Provider in order to fulfill its regulatory requirements as well as for internal business purposes.
Account Use
By beginning or completing a Request for Services or otherwise entering or saving personal information with the Company, you represent that all information you provide or enter is true, accurate, current, and complete. You further acknowledge that you alone will use your account to access the Services. You agree to not sell, transform, or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party. You acknowledge that you are responsible for all activities that occur under your account. If you believe that your account is no longer secure, you agree to notify us immediately.
To help the government fight identity theft, the funding of terrorism, and money laundering activities, and to attempt to verify your identity, the Company and its Providers may obtain, verify, and record information that identifies each person who uses our Websites or Services and/or opens an account with us and Providers. The Company and its Providers may ask for your name, address, telephone number, date of birth, and/or other important information that may allow us and Providers to properly identify you.