Using the Web Site
Except as expressly provided below, Services may only be used by, and is limited to, individuals who can form legally binding contracts under applicable law and be at least 18 years of age. You understand that it is your responsibility to abide by local laws and regulations. The information you have submitted to us on this site or otherwise, is accurate, complete and that you have not submitted or provided false information to us
You must comply with all of the terms and conditions of this Terns of Use, the policies referred to below, and all applicable laws, regulations and rules when you use the Web Site.
(3) License and Restrictions.
(4) Access and Modifications to the Website
We do not provide you with the equipment to access the Site. You are responsible for all fees charged by third parties to access the Site (e.g., charges by internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, and to restrict, suspend, or terminate your access to the Site at any time, for any or no reason, with or without prior notice, and without liability.
(5) Links and Third Party Content
The Site may contain links to third party products, services, and Web sites. We exercise no control over the third party products, services, and Web sites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and Web sites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and Web sites. If you link to this Site, you are permitted to link only to the home page at https://www.carinsurehub.com. Deep linking to internal parts of this Site, framing of this Site as part of other Web sites, and in-line linking or any other manner of incorporating parts of this Site as part of another Web site is not permitted without our prior written consent.
Arbitration Agreement and Class Action Waiver
You and us agree that any and all disputes or claims that have arisen or may arise between you and the website relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any Product sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND US AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website.
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and any disputes sections will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the state of Delaware.
The following policy details in specific terms what is considered acceptable use of bulk email/messaging by us:
Subscriptions Mailing list subscriber information must include:
All users must be able to present this information at our request.
Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:
Additionally, Third Parties using outside advertising companies or third party mailing programs must abide by the same policies and practices as those using our own bulk mailing list tools. fThird Parties are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.
The user of this website is advised and acknowledges that our electronic mail service equipment may be located in California. In no event shall the user use our equipment in violation of California’s anti-spam laws including California Business & Professions Code sections 17538.4 and 17538.45.
Predominately promotional messages must not be posted to bulletin boards, discussion forums, guestbooks, Usenet newsgroups, or any other similar service unless the operator of that service explicitly allows such messages. In the case of Usenet newsgroups, such messages must be specifically allowed in that group’s charter. Deactivation We reserve the right to cancel a marketing services agreement at any time should it feel there is a reasonable suspicion that marketing partner in violation of these policies and / or engaged in the practice of spamming.
Informational Disclaimers Related to Your Use of the Site
Limitation of Liability
NEITHER THE OWNERS OF THE SITE NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.THE MAXIMUM TOTAL LIABILITY OF THE OWNERS OF THE SITE AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Choice of Law
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
You agree to indemnify and hold The Company , its subsidiaries, affiliates, agents, shareholders, officers contractors, vendors, employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this site/service, the violation of this Agreement by you, or the infringement by you, or other user of this site/service using your computer, of any intellectual property or other right of any person or entity.
The Company and its Service providers assume no responsibility of any kind for such content or actions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Updates to These Terms
We may occasionally update the Site and these Terms. When we do, we will revise the "last updated" date on these Terms. You should check this Site and these Terms frequently to see recent changes. The then-current version of these Terms will supersede all earlier versions.
If you have any questions or concerns about the Site or these Terms, you may contact us at [email protected]
If you have concerns or questions about privacy and the use of any personal information you may have entered into our website, contact us at [email protected] and we will respond within 2 business days.
Private Information we may have in our possession about you.
In order to provide the functionality to you which is the core purpose of you using this website, we may from time to time collect personal information about you.
This information could be:
Personal information that you specifically opt-in to enter, such as your name, email address, postal address, phone number or other information provided about solar products or services or to request quotes from one or more solar companies, and our marketing partners;
If you choose to log in using a social media login account, such as your Facebook Login, we could be given access to details of that social media account;
In order to provide you targeted location services we may use your IP address or details of the device, operating system or mobile network you are using to browse our site;
Pixels are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage, or collect information for analytics. These cookies and tracking pixels may be disabled in your browser. For information on this search "disabling cookies" in your browser help menu.
We use the information we collect to provide, maintain, and improve our services. Specifically, we may also use the information we collect to:
We may share or disclose the information we collect from and about you in the following ways:
We may also share aggregate or anonymous non-personal information with third parties for their marketing or analytics uses.
SPECIAL NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, you may opt-out from having your information shared with or sold to third parties for their direct marketing purposes. To opt-out, please contact us at [email protected] You must put the statement “Your California Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Non-affiliated third parties are independent from us and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.
Personally Identifiable Consumer Information - Opting-Out
You may choose whether or not to provide personally identifiable information to CarInsureHub.Com. If you choose to provide such information to CarInsureHub.Com, you have the right to tell us not to make some of the uses of such information described herein or may have such information deleted in its entirety. If you no longer wish to receive our newsletters, surveys or promotional communications via email, you may opt-out without charge by sending mail to us at [email protected] to unsubscribe. To have your personal information completely removed from our databases without charge, simply contact us at [email protected] and provide the name of the service for which information was provided, your full name, mailing address, phone number and email address so that we may identify you in the opt-out process. Once we receive your instruction, we will promptly take corrective action.
In compliance with the Children's Online Privacy Protection Act (COPPA), CarInsureHub.Com is not structured to attract children. Accordingly, we do not intend to collect personally identifiable information from anyone we know to be under 13 years of age. If we learn that a child under the age of 13 has provided personal information to the Site, we will use reasonable efforts to remove such information from our files.
We use reasonable security measures that are designed to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any personal information or other information. You transmit personal information to us at your own risk.
UPDATES TO THIS POLICY