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Terms and Conditions of Use
By accessing this website (the "Site"), or any of the Site's Content (as defined below), you acknowledge
that you agree to and are subject to the following terms and conditions (the "Terms"). If you do not agree
to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The
Terms constitute a legally binding agreement between you and auto-rate-finder.com, the owner of the Site (hereafter
referred to as "we", "us" or "our"). You represent, covenant and warrant that you have
all authorizations that may be necessary to enter into this agreement and that your use of the Site, including
provision or use of any Content, does not violate any applicable law.
The Site acts as a portal to facilitate insurance agents, insurance companies and
other similar parties who are customers of the Site (each a "Provider") to offer for sale and to sell,
insurance and other products to potential consumers (each a "Prospect"), and all Prospects and Providers
are called the Site's users (each a "User" and collectively the "Users") and applied to receive
insurance or other authorized quotations from a Provider (the "Service"). We are not involved in the
actual transaction between a Prospect and Provider although we may, with a Prospect's authorization, collect certain
information (a "Lead") about a Prospect and sell the Lead to a Provider. As a result, the legality, safety
or quality of the products offered for sale by a Provider, the accuracy or veracity of the representations regarding
the products, the ability of Providers to sell the products or the ability of Prospects to pay for the products, are
solely the responsibility of each User. For all purposes we are an independent contractor. We do not issue insurance
contracts or bind coverage. We are not responsible for, nor do we assume any financial or other liability
whatsoever, for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers or insurance
policies or other related products offered by such Providers. We do not provide any type of insurance, tax,
financial, legal or any other advice. We do not guarantee that any Providers to whom we send a Prospect's
application will contact the Prospect or agree to provide the Prospect with the requested insurance coverage. If you
are a Prospect and you would like personal advice or insurance specific policy recommendations, please consult with
a qualified professional. Be advised that we are not a party to any transaction(s) conducted through the Site. We do
not offer or sell any insurance or other products shown on the Site.
We do not charge Users to access the public portions of the Site. We grant each
User a limited, revocable, non-exclusive license to access the Site in order to view or make inquiries to us
regarding our Service, in accordance with these Terms. We further grant each Provider a limited, revocable,
non-exclusive license to access the password-protected portions of the Site in accordance with any written agreement
between us and the Provider and with these Terms. Any other use of the Site is expressly prohibited. This limited
license does not include any right of display, copying, aggregation, collection, or derivative use of the Site nor
any right of use of spiders, data mining, robots or similar data extraction and gathering tools without our prior
express written permission.
Downloading of Information from the Site and Proprietary Rights.
All Content and the Site itself
is protected by copyright and database rights as a compilation and/or collective work, pursuant to U.S. copyright
laws, other copyright laws, and international conventions. The text, images, maps, files photos, and other materials
on the Site (collectively, the "Content") are only for each User's personal use in accordance with the
limited license grant contained herein or in the case of Providers, pursuant to any separate written agreement with
us. All Users agree to abide by these Terms and any and all additional information, restrictions or copyright
notices contained in or relating to any Content on the Site. Copying or storing any Content other than for
noncommercial, personal use is expressly prohibited without prior written permission from us or the applicable
Unless otherwise provided herein, or unless otherwise allowed under applicable
law, you may not do any of the following without our prior written consent:
Upload, post, display, copy, republish, reproduce, transmit, or distribute any Content in any form
Reproduce any portion of the Site on your website or, using any device, including but not limited to use of a
border or frame environment around the Site, or other framing technique to enclose any portion or aspect of the
Site, or replicate or mirror any portion of the Site;
Reverse engineer any part of the Site;
Modify, translate into any written or computer language, or create derivative works or translations from any
Content or part of the Site;
Offer for sale, sell, license, or transfer, in any form, any portion of the Site any third parties;
Use any spider, robot or other automated device or automated or manual process to copy, monitor, or keep a
database copy of the Content or any portion of the Site;
Use the Site other than to make legitimate inquiries to us regarding our Service or to learn about our
Use the Site to create any fraudulent or false inquiry or account;
Transmit or post any abusive, threatening, unlawful, defamatory, libelous, false, misleading indications of
origin or statements of fact, vulgar, obscene, indecent, sexually explicit, pornographic, profane or
inflammatory material, or any material that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is
unlawful or prohibited by these Terms;
Access or use the Site in any way that, in our sole discretion, adversely affects the function or performance
function of the Site or any other networks or computer systems used by us or the Site, or infringes on our, or
Providers' or any third party's trademark, copyright, patent rights, rights of privacy or publicity or any other
proprietary rights, or;
Transmit or upload to the Site, or use in connection with the Site, any software, device or routine that
contains viruses, worms, time bombs, Trojan horses or other computer programming routines that may interfere
with or attempt to interfere with, damage or in any way intercept the normal operation of the Site, or
appropriate the Site or any system, or take any action that imposes an unreasonable load on our computing
If you are or become aware of or experience any Content, activity or communication through or in connection
with the Site that appears to be in violation of the above, or in violation of any other provision of these
Terms, we ask that you please inform us of any such violation by sending notification
We may change, discontinue or suspend any aspect of the Site at any time, including
the availability of any Site features, Content or database. We may also impose limits on certain services or
features or restrict your access to all or part of the Site without notice to you or liability to us.
When you use the Site to send us an inquiry, you agree to allow us and our
affiliates to add your e-mail address to our User database. You may receive one or more promotional e-mails from us
and/or our affiliates. You may opt-out of receiving such promotional e-mails from us at any time.
how to opt-out of receiving such e-mails. Your use of the Site signifies your acknowledgement of and agreement with
We encourage all Users to use appropriate caution when interacting with
anyone whom you may be doing business with specifically via the Site or the generally via the Internet.
If you are a Provider, you agree to keep your ID and password to the Site confidential and secure, providing it
only to authorized users of your account. You should notify us immediately if you bepeve your ID and/or password
have been compromised and immediately change your ID and password. You are solely responsible for any and all
transactions that any individual performs while using your account, even those transactions that you did not
intend or want performed or that are fraudulent.
EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER THE COMPANY, THE SITE, NOR ANY OF OUR AFFILIATES WILL HAVE
ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S ID AND PASSWORD THAT OCCURS
BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ID AND PASSWORD AND WE HAVE HAD A REASONABLE
OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ID AND PASSWORD COULD CAUSE YOU TO INCUR
LIABILITY TO BOTH OTHER USERS AND THE SITE. Further, we may cancel or suspend your account or your access to the
Site at any time even without receiving notice from you if we suspect that your account and/or password is being
used in an unauthorized or fraudulent manner.
LIMITATION OF LIABILITY.
IN NO EVENT WILL THE COMPANY, THE SITE, OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, SHAREHOLDERS, AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, COVER, LOSS OF REVENUE OR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR
USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN PROVIDERS AND PROSPECTS OR BETWEEN SITE USERS GENERALLY, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO
WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT,
(v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT
PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, IF YOU DO NOT AGREE WITH ANY PART OF THIS
AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE COMPANY, ANOTHER USER OR THE SITE WITH
RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING
THE SITE. IN ALL EVENTS, OUR LIABILITY AND THE LIABILITY OF ANY MEMBER OF THE COMPANY, TO YOU OR TO ANY THIRD PARTY
IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (i) AMOUNT OF FEES
ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED, AND (ii)
$200.00. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within
one (1) year after the claim or cause of action first arises.
THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR
THE SERVICES, INFORMATION, FUNCTIONS AND MATERIALS, MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE
SITE, FOR ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH
THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES, CONTENT OR
MATERIALS CONTAINED THEREIN WILL MEET YOUR NEEDS, BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In the event that you have a dispute with one or more other users of the Site
(including, without limitation, any dispute between any Provider and Prospect regarding any transaction), you hereby
agree to release, remise and forever discharge the Company, and each of their respective agents, directors,
officers, employees, shareholders, and all other related persons or entities from any and all manner of rights,
complaints, demands, claims, causes of action, proceedings, obligations, liabilities, legal fees, costs, and
disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or
are connected with such dispute and/or your use of the Site. If you are a California resident, you hereby waive
California civil code section 1542, which says: "a general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor." If you are a resident of a state other than
California, you explicitly waive the terms and protections of any statute of your own state that has a similar
import or intent.
You hereby agree to indemnify, defend and hold the Company, and each of their
respective agents, directors, officers, employees, shareholders, and all other related persons or entities
(collectively, the "Indemnified Parties") harmless from and against any and all liability and costs
(including reasonable attorneys fees and court costs) incurred by the Indemnified Parties in connection with any
claim arising out of your use of the site (including, without limitation, any dispute between a Provider and
Prospect regarding any transaction), any act (or failure to act) by you or other users of your account or any breach
by you of these Terms or the representations, warranties and covenants made by you herein.
Choice of Law and Forum.
This agreement is governed by the laws of the Commonwealth of
Massachusetts, United States of America, excluding its choice of law rules. You irrevocably agree that such
jurisdiction and venue will be the sole and exclusive jurisdiction and venue of any legal dispute. You covenant not
to sue us in any other forum for any cause of action. Our failure to exercise or enforce any right or provision of
these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent
jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these
Terms shall continue in full force and effect.
The relationship between the Company and each User and Provider is that of independent
contractors, and no agency, joint venture, partnership, employee-employer or franchiser-franchisee relations is
intended or created by these Terms or your use of the Site.
Except as explicitly stated otherwise, any notices sent from you to us shall be
submitted via e-mail at firstname.lastname@example.org with a copy of such notice sent by certified postal mail, return
receipt requested, to: Legal Department, auto-rate-finder.com, 1 Kendall Square, Suite B2102, Cambridge, MA 02139. When we need to send a
notice to you, it shall be sent to the e-mail address you provide to us during the registration process (if
applicable). Notice shall be deemed given upon receipt or 24 hours after e-mail is sent, unless the sending party is
notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to any address provided to us during the registration process (if applicable).
In such cases, notice shall be deemed given three days after the date of mailing.
We reserve the right to change, modify, add or remove any portion of these Terms, in
whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be
effective immediately thereafter. Your use of the Site or submission of a quote request following the posting of any
such change, modification or amendment to these Terms will constitute your acceptance thereof.
Links to Third-Party Sites.
This Site may contain links to other Internet sites. Links to and
from the Site to other sites, maintained by third parties, do not constitute an endorsement by us of such
third-party sites or the contents or products thereof.