User Agreement
This is an Agreement between you and Automobile-Insurance.com (AI), and this Agreement governs both your legal rights with regards AI and your use of our website, www.Automobile-Insurance.com (Website). You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
Definitions
The terms “us” or “we” or “our” refers to AI, the owner of this Website.
A “User” is someone who browses our Website.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of a paid service, whether originating from us or from our Users, are collectively known as our “Content”.
Limited License
AI grants you a non-exclusive, non-transferable, revocable license to access and use our Website and its Content for your own personal, noncommercial use, strictly in accordance with this Agreement. Other than this Agreement and our Privacy Policy, AI will not enter into any agreement with you or have any obligation to you through our Website and no attempt to create such an agreement or obligation will be effective.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website and Content provided therein. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Our Relationship to You
Our relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and AI.
Use of Affiliates
In order to offer you the best products and services, AI may have relationships with outside affiliates. While these affiliates may assist AI in providing products and services to you, you understand and agree that AI is not responsible for the acts of these affiliates as they not within AI’s control.
No Guarantee of Insurance
You understand and agree that AI makes no guarantees that you will necessarily receive automobile insurance by use of our Website and services, nor is AI liable in any way for your failure to obtain such insurance.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the “Intellectual Property”) owned, controlled or licensed by AI. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Website, without the prior written permission of the Intellectual Property owner. AI aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of AI, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from AI. AI prohibits use of any logo of AI or any of its affiliates as part of a link to or from any Website unless AI approves the link in advance by our written authorization. Fair use of AI‘s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Other Websites
Our Website contains links to websites owned or operated by parties other than AI. Such links are provided for your reference only. AI does not monitor or control these outside websites and we are not responsible for their content. AI‘s inclusion of links to an outside Website does not imply any endorsement of the material on the Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does AI‘s inclusion of the links imply that AI is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Content Disclaimer
Updates to our Content are made at such times as AI determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. AI does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY AI ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AI AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OUR WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AI SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. AI SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE O, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER AI OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE MATERIALS ON OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL AI HAVE ANY LIABILITY TO YOU FOR ANY SUCH DAMAGE CLAIM. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, AI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. AI MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
You agree to defend, indemnify and hold AI harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website.
Third Party Articles
Our Website may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and AI’s publishing of such third-party articles shall not in any event be deemed an endorsement by AI of the material contained therein. The opinions contained in any such article are not necessarily the opinion of AI.
Contacting Us/Feedback, Postings and Communications
If you have any questions about this Agreement or the Website, please contact us. Although AI will in most circumstances be able to receive your e-mail or other information provided through our Website (including, without limitation, service requests and other submissions), AI does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet email typically is not secure.
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to AI on or by our Website or otherwise disclosed, submitted or offered in connection with your use of our Website, including, without limitation, postings in any chat room (collectively, “Communication”) shall be and remain the property of AI. Such disclosure, submission or offer of any Communication shall constitute an assignment to AI of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, AI will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. AI is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to our Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to our Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through our Website. You agree that AI may use and/or disclose information about your demographics and use of our Website in any manner that does not reveal your identity. You agree that AI may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Website, about any of AI‘s products or services, or for such other purpose(s) as AI deems appropriate.
Should AI allow you to post messages on our Website, we reserve the right to remove any postings to the Website’s bulletin board that we deem offensive, harassing, illegal or otherwise inappropriate. Posting of any message on the bulletin board does not imply any endorsement of the material in such posting. While AI will periodically review the posted materials and attempt to remove offensive postings, AI does not represent that such items will not be posted and shall have no liability with respect to any such postings. In addition, AI does not represent that postings will remain on the bulletin board for any period of time. AI may, but is not obligated to, monitor any chat room activity and refuse access to any user AI determines, in its sole discretion, is not complying with the terms of use.
Arbitration
Any claim, dispute or controversy arising out of, relating to or concerning our Website and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in Boston, Massachusetts, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
General Information
You agree that the laws of the State of Massachusetts, USA, govern this Agreement and your use of our Website. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts, USA, in all disputes (a) arising out of, relating to or concerning our Website and/or this Agreement, (b) in which our Website and/or this Agreement is an issue or a material fact, or (c) in which our Website and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of our Website is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. AI has endeavored to comply with all legal requirements known to it in creating and maintaining our Website but makes no representation that materials on our Website are appropriate or available for use in any particular jurisdiction. Use of our Website is unauthorized in any jurisdiction where all or any portion of our Website may violate any legal requirements and you agree not to access our Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use. is Agreement constitutes the entire agreement between you and AI with respect to our Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AI with respect to our Website. No modification of this Agreement shall be effective unless it is authored by AI or its affiliates, or unless it is physically signed by a AI officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by AI in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by AI in printed form.
