(Revision Date: May 07, 2019)
THIS AGREEMENT INCLUDES:
1. AGREEMENT TO CONTRACT ELECTRONICALLY
2. LINKS TO THIRD PARTY SITES
This Site contains links to third party web sites ("Third Party Sites"). ensurance.com LLC does not endorse and has no control over the content on Third Party Sites. ensurance.com LLC makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third Party Sites. You further acknowledge and agree that ensurance.com LLC is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Third Party Site. Please take the time to read the privacy and security policies of these Third Party Sites.
4. INTELLECTUAL PROPERTY
Ownership. The Site includes copyrights, trademarks, trade dress, service marks, logos, domain names, and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics and software (collectively, the "Content"). ensurance.com LLC, its affiliates and third-party content providers own all right, title and interest in and to the Content. You acknowledge and agree that the Content and Site are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. Except for the limited rights and licenses granted herein, nothing in this Agreement confers to you, whether by implication, estoppel or otherwise, any license, title, or ownership of or to the Site and/or Content.
Limited License. Subject to this Agreement, ensurance.com LLC grants you a limited right and license to use, on one personal computer, the content, materials, features, services, software and technology on this Site (collectively the "Content") solely for your personal, non-commercial use. No other use of the Content is authorized.
Restrictions. Except as expressly provided herein, you shall not: (i) use any portion of the Site, or any other intellectual property of ensurance.com LLC, on any other web site, in the source code of any other web site, or in any other printed or electronic materials; (ii)modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute or otherwise use any of the Site's content or frame this Site within any other web site, without our prior written permission; (iii) reverse engineer, reverse assemble, de-compile or otherwise attempt to discover any source code of the Site and/or the Content. ensurance.com LLC reserves the right to block your use of the Site and cancel any memberships or subscriptions for violation of any of these rules.
5. RULES OF CONDUCT
The Site may include areas that allow end-users to participate in forums such as chat rooms and message boards. ensurance.com LLC adopted the following rules of conduct in order to assure that end-users who participate in these forums do so in a lawful and appropriate manner. All information, email, text, graphics, software, messages or other materials ("User Materials"), whether publicly posted, or privately submitted, by end-users are the sole responsibility of the sender. You are solely responsible for any User Materials that you upload, transmit, post, send, email or otherwise make available via the Site. ensurance.com LLC is not liable for any User Materials or for any errors or omissions in User Materials or for any loss or damage incurred as a result of the use of any User Materials made available on the Site. ensurance.com LLC may, but is not obligated to, monitor User Material and reserves the right, in its sole discretion, to block, refuse or remove any User Material from the Site without notice.
The following conduct is prohibited on, or in connection with, the Site:
These rules of conduct are strictly enforced. Violations of these rules may result in the sender being blocked from use of the Site. ensurance.com LLC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES, INCLUDING LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDERS NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY ensurance.com LLC TO ADDRESS PAST VIOLATIONS OF THIS AGREEMENT AND/OR TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO SENDER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
6. USER MATERIALS LICENSE
By transmitting, posting, emailing, uploading or otherwise making User Materials available on or via the Site, you represent and warrant to ensurance.com LLC that you have all right, title and interest in and to such User Materials and grant ensurance.com LLC a perpetual, irrevocable, world-wide, royalty free, right and license to use the User Materials in connection with the Site and ensurance.com LLC's services.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to ensurance.com LLC's Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE DESIGNATED AGENT THAT YOUR COPYRIGHTED USER MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification ("Notification") must be submitted to the following Designated Agent: Name of Agent Designated to Receive Notification Of Claimed Infringement: Mr. Paul Riley, Esq. / Baker Botts LLP Full Address of Designated Agent to Which Notification Should be Sent: 30 Rockefeller Plaza, 43 Floor, New York, NY 10112-4498.
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
8. CONTESTS AND SWEEPSTAKES
9. NO WARRANTY
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ENSURANCE.COM LLC NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES ENSURANCE.COM LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED.
10. LIMITATION OF LIABILITY
ENSURANCE.COM LLC SHALL NOT BE LIABLE FOR ANY INJURY OR LOSS, CLAIM OR DAMAGE, NOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF EITHER SITE; (ii) THE DELAY OR INABILITY TO USE EITHER SITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH A SITE (iv) THE INABILITY TO ACCESS OR USE EITHER SITE OR FROM YOUR RELIANCE ON ANY CONTENT AND/OR INFORMATION PROVIDED ON EITHER SITE, OR ON THIRD PARTY SITE LINKED TO OR FROM A SITE, EVEN IF ENSURANCE.COM LLC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. GENERAL LEGAL PROVISIONS
Reservation of Rights. ensurance.com LLC reserves the right to deny or block access to the Site to anyone at anytime and to terminate this Agreement at anytime without notice, in its sole discretion.
Termination. At any time and without prior notice, ensurance.com LLC may immediately terminate your access to the Site for: (1) breach of this Agreement; (2) requests by law enforcement or other government agencies; (3) discontinuance or material modification to a Site (or any part thereof); and/or (4) unexpected technical or security issues or problems. You agree that termination for cause is at ensurance.com LLC's sole discretion and ensurance.com LLC is not liable to you or any third party for termination of your access to the Site. You agree that any account you set up with ensurance.com LLC will be terminated upon your death.
Indemnification. You agree to defend, indemnify and hold ensurance.com LLC, its affiliates and their respective employees, directors, partners, contractors, officers, trustees, and other third parties assisting in the operation of the Site, harmless from and against all claims, liabilities and expenses (including attorneys' fees) that may arise from your use of the Site, any accounts set up in connection with the Site, User Materials, violation of the rights of others and/or breach of this Agreement.
Applicable Law and Jurisdiction. The Site is controlled and operated by ensurance.com LLC from its offices in Las Vegas, NV. This Terms of Service agreement is governed and controlled by the laws of the State of Nevada. By accessing, and/or using the Site you accept this Agreement and agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the courts of Clark County, Nevada. In addition, you consent to the personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. A printed version of this Agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.
International Use. Neither ensurance.com LLC nor its Affiliates make any representation that the Site and Content are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.
We want you to know that we are absolutely 100% committed to protecting your privacy and continuously earning your trust. This notice describes the personal information that we may collect about you and about how we use it and how we go the every length to protect it. It applies to both current and former visitors of the site and shall serve to replace any earlier versions that we may have given to you or posted here in the past.
· We do not gather or store information from you, from information you enter, or from your transactions with other carriers, vendors, offerings, and outside sources.
We are not an insurance agency and are not affiliated with any plan. We connect individuals with insurance providers and other affiliates to give you, the consumer, an opportunity to get information about insurance and connect with agents.
· We use your information only to conduct our business and provide relevant insurance information to you.
· We will may share your information with your selected agent or broker by allowing the information you provide to be passed along to them in order to help you find insurance.
· We will not share your information with other companies outside of what you see on the website for their marketing purposes without your consent.
· We limit and control access to your information and use common safeguards to help protect your information.
What information do you collect about me?
We may collect information about you to quote your insurance. This is called Nonpublic Personal Information or "NPI" if it identifies you and is not available to the public. Depending on the product, we collect it from some or all the following sources. We've provided a few examples for each source, but not all may apply to you.
· Your Application: You provide this NPI on your application, through an online form. We may also obtain it from directories and other outside sources. It may include your name, street and e-mail addresses, phone number, driver's license number, Social Security number, date of birth, gender, marital status, type of vehicle, and information about other drivers.
· Consumer Reports: We may obtain NPI from consumer reporting agencies that may include your driving record, claims history with other insurers, and credit report information. The information is kept by the consumer reporting agencies and disclosed by them to others as permitted by law.
· Transactions: This is NPI about your transactions with us, our affiliates, or others. It includes your insurance coverages, limits and rates, and payment and claims history. It also might include information that may be required for billing and payment.
We restrict access to your NPI to only others who we feel must use it to provide you with insurance quotes, products and services. Their use of the NPI is limited by law, and written agreements where appropriate. We also maintain electronic and procedural safeguards to protect your NPI. The protection of your information is very important.
When you visit our websites, we collect may Website Information for a variety of reasons. For example, if you start an insurance quote on our website or one of our affiliates, but decide to finish it later, we or they may save your information so you can pick up where you left off. They may use Website Information to serve ads to you across multiple devices, such as your computer, smartphone, or tablet, or to limit the number of times you see our ads. We may also use Website Information to customize your experience with and analyze your use of our websites and interaction with our ads.
We may transmit certain Website Information to third party advertising companies we work with (“Ad Companies”) to, among other purposes, measure the efficiency of our advertising or track referrals to our website by Ad Companies. Some of these Ad Companies may be able to associate Website Information with other information they already have about you.
We adhere to the Digital Advertising Alliance's ("DAA's") Interest Based Advertising principles. You may limit the extent to which Website Information is used to deliver Interest Based Advertising by accessing the DAA’s WebChoices tool athttp://optout.aboutads.info. The WebChoices tool will provide you with more information about your privacy choices, a list of companies that compile Website Information about your interactions with this and other websites, and a means to opt out of the collection and use of certain Website Information for Interest Based Advertising on your browser.
Your browser or device may include a "do not track" (DNT) setting that signals websites to disable tracking by third parties, such as advertising companies. You may access the DAA's WebChoices tool to manage your Interest Based Advertising preferences.
Website visitors should refer to the date at the top of this notice to see if it has been updated.
When you get insurance quotes via our website, we may collect your e-mail address so that we can send you e-mail. We may also send updates with other information we think you’ll find useful. You can stop receiving these updates by using the links provided in the emails. We may share your e-mail address with service providers and selected agents or brokers.
SSL encrypted security helps us ensure that your data is secured and encrypted at all times.
Our website contains links to other sites that are not maintained by us. We make no warranties or representations about other websites. We recommend that you read the privacy and security policies of these sites carefully.
A Cookie: A small text file saved in your computer when you access certain Web pages. Cookies identify you to the website that gave you the cookie.
Internet protocol (IP) address: A string of numbers that are translated into a domain name.
Web beacon: Also called a Web bug, pixel tag or clear GIF, a Web beacon is a clear graphic image placed in Web pages. Web beacons are used with cookies to monitor user activity on a website.