Terms Of Use
These Terms of Use apply in connection with any websites, online
services, and/or applications owned or operated by shoptexasinsurance.com
(enter llc once established) (“we,” “us,” or “our”), including, without
limitation, in connection with:
- the
website currently located at http://www.shoptexasinsurance.com and any other website owned by us upon which
these Terms of Use are linked (collectively, the “Site”); and
- any
other interactive features, widgets, products, services, and resources
offered by us and/or our affiliates, distributors, or licensees through,
and all other content within, the Site (all of which are collectively
referred to as the “Services”).
1. General Provisions
THESE
TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS,
CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THE SITE/SERVICES
(COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE
OF THE SITE AND SERVICES. IF YOU ENTER INTO A SEPARATE WRITTEN AGREEMENT WITH
US (FOR EXAMPLE, AN ADVERTISER OR AFFILIATE AGREEMENT) SUCH AGREEMENT WILL TAKE
PRECEDENCE OVER THESE TERMS IN THE EVENT OF A CONFLICT BETWEEN SUCH AGREEMENT
AND THESE TERMS.
By
entering the Site or using the Services, you acknowledge and agree to all
terms, conditions, and rules stated in these Terms. You are not permitted or
authorized to use the Site or Services if you do not agree to be legally bound
by these Terms. Please read these Terms carefully.
We may,
in our sole and absolute discretion, modify these Terms from time to time and
we reserve the right to make changes at any time, without notice or obligation,
to any of the Terms, Site, or Services. By entering the Site or using the
Services, you acknowledge and agree that you shall be bound by any such
revisions as of the moment they are made. We suggest periodically visiting this
page of the Site to review these Terms.
2. Jurisdiction and Governing Law
By
entering the Site or using the Services, you acknowledge and agree that they
are intended for use only by citizens and residents of the United States of
America residing within the United States of America aged 18 years or older and
will only be governed according to the laws of the State of Texas without
regard to conflicts of laws principles. If you are not a member of the intended
audience (as defined above), you are prohibited from accessing the Site or
using the Services in any way, shape or form.
We may
assign our rights and obligations under these Terms, including in connection
with a merger, acquisition, sale of assets or by operation of law.
3. Content
The
Site/Services provide you with information about insurance products and
services and connects you with insurance agents, insurers, and third-party
insurance service websites (such websites and their operators are referred to
herein as “Insurance Services”) who may be able to provide insurance products
and services. If you are an insurance agent, insurer, or Insurance Service, you
may use the Site or Services to market your products to consumers or obtain
information about consumers interested in insurance products. All of this
information and any other information we provide to you through the
Site/Services is referred to herein as “Content.” Although we make all
reasonable efforts to ensure that it is correct and up to date, we cannot and
do not guarantee 100% accuracy. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT
PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY,
CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY,
PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND
CONTENT. To the extent any applicable jurisdiction does not allow the exclusion
of certain warranties, some of the above exclusions do not apply.
The
Site also offers job opening information and provides ways for you to apply for
employment. You understand that nothing contained on the Site constitutes an
offer of employment by us.
If you
are a consumer seeking insurance products, please be aware that we are not an
insurance company or an insurance agent in this context. We help connect
individuals and businesses with companies that may be able to provide insurance
products. We do not charge individuals or businesses to submit inquiries
regarding obtaining insurance through our Site/Services, instead, we receive a
payment from the companies with whom we connect potential buyers. We do not
endorse or recommend any particular insurance agent, insurer, or Insurance
Service, nor do we recommend any particular insurance product(s). We do not
provide insurance, tax, or financial advice of any kind. We do not guarantee
that any of the insurance agents, insurers, or Insurance Services with whom we
may connect you will contact you, provide you coverage, or honor any advertised
discounts. We do not control and are not responsible for any communications
between you and any insurance agent, insurer, or Insurance Service.
4. Password and Account Security
In
certain circumstances, you may create your own account on the Site/Services by
completing a registration process. In doing so, you must provide us with
accurate and complete registration information and update us if this
information changes.
If you
create an account, we will assign you, and/or allow you to select, a password
within our security guidelines and requirements. You must keep your password
confidential, and you may not permit any other person to use your password or
your account for any purpose. You will be responsible for all use of your
password, including, without limitation, any use by any authorized or
unauthorized third party. You must notify us immediately if you believe your
password may have been used by any unauthorized person or entity. For security
purposes, we recommend you change your password at least once every 12 weeks.
Under no circumstance should you respond to a request for your password. Our
employees will never ask for your password. You must notify us immediately if
you receive such a request. We reserve the right to suspend or terminate your
use of the Site/Services with or without notice to you if we believe that your
password is being used without permission or otherwise in a manner that may
disrupt the Site/Services.
5. Consent for Communications
If you
provide your telephone number to us via the Site or Services, you give your
electronic signature and consent for us to send you marketing calls/text
messages at that number USING AN AUTODIALER AND/OR PRERECORDED MESSAGES.
You also acknowledge that your consent to receive these marketing
communications is not required to purchase any goods or services. STANDARD
MESSAGE AND DATA RATES MAY APPLY.
If you
provide your telephone number to us via the Site or Services AND GIVE
CONSENT FOR COMMUNICATIONS FROM THIRD PARTIES WITH WHOM WE MAY SHARE YOUR
INFORMATION, you give your electronic signature and consent for us AND
SUCH THIRD PARTIES to send you marketing calls/text messages at that number
using an autodialer AND/OR PRERECORDED MESSAGES. You also acknowledge that your
consent to receive these marketing communications is not required to purchase
any goods or services. STANDARD MESSAGE AND DATA RATES MAY APPLY.
IF YOU
PARTICIPATE IN OUR SMS TEXTING PROGRAM, YOU ALSO AGREE TO OUR SMS TEXTING
PROGRAM TERMS AND CONDITIONS LOCATED AT THE END OF THESE TERMS.
Call Recording. You understand that all calls to or from
shoptexasinsurance.com, including, without limitation, Call Transfers, may be
monitored or recorded for the purpose of review and analysis by
shoptexasinsurance.com. By using our website, you consent to this recording and
agree to obtain the consent of its agents, employees, contractors, and anyone
else who may be recorded on any call to or from shoptexasinsurance.com. Call
recordings may be stored and analyzed by shoptexasinsurance.com for an
indefinite period of time.
6. Our Intellectual Property
All
images, text, sound, photos, custom graphics, button icons, the collection and
compilation and assembly thereof, and the overall “look and feel” and
distinctiveness of the Site constitute trade dress and are either our property
or used on this Site with permission. The absence on the Site of our name or
logo does not constitute a waiver of our trademark or other intellectual
property rights relating to such name or logo. All other product names, company
names, marks, logos, and symbols appearing on the Site may be the trademarks
and the property of their respective owners.
You
acknowledge and agree that information and services available on the
Site/Services are protected by copyrights, trademarks, service marks, patents,
trade secrets, or other proprietary rights and laws and are owned or licensed
by us. Except as expressly authorized by us, either in these Terms or
elsewhere, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, approximate, transmit, reverse engineer, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from the Site,
Services, or Content. Without waiving any of the foregoing rights, you may
print or download information from the Site for your own personal,
non-commercial home use, provided that you keep intact all copyright and other
proprietary notices. Systematic retrieval of information from the Site/Services
to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us is prohibited.
7. Digital Millennium Copyright Act Notice
If you
believe that any material on the Site/Services infringes your copyright rights,
please contact our designated agent for Digital Millennium Copyright Act
notices at:
Shoptexasinsurance.com
Attn: DMCA
9900 Spectrum Dr
Austin TX, 78717
Email address: info@shoptexasinsurance.com
Phone number: 832-479-2640
In your notice, please include:
- Your
physical or electronic signature;
- Identification
of the copyrighted work you claim to have been infringed, or, if there are
multiple copyrighted works, a list of such works;
- Identification
of the material that you claim to be infringing, and where the material is
located on the Site;
- Your
permanent home or business (if applicable) address (no P.O. Boxes,
please), telephone number, and email address;
- A
statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by you or the law; and
- A
statement, under penalty of perjury, that the information in your notice
is accurate.
If the notice is submitted by someone else on your behalf, the
notice must also contain a signed and notarized statement, under penalty of
perjury, stating that the person submitting the notice is authorized to act on
your behalf.
8. Submissions
The
Site and/or Services may let you submit material to us or to third parties: for
example, you may be able to submit a request for an insurance quote, send us
messages, complete a “contact us” form, post a review/testimonial, or post to a
forum or message board. In these Terms, we use “Submissions” to refer to any
material of any kind that you submit to us or third parties through the Site,
including text, files, images, photos, video, sounds, and musical or literary
works.
We are
not responsible for the content of Submissions provided by you or any other
user. We do not necessarily endorse any opinion contained in such material. We
make no warranties or representations, express or implied, about Submissions,
including as to their legality or accuracy.
We
reserve the right, but are under no obligation, to refuse, remove, or edit any
of your Submissions, or to restrict, suspend, or terminate your access to all
or any part of the Site/Services, and we may do this with or without giving you
any prior notice.
We may
link Submissions or parts of Submissions to other material, including material
submitted by other users or created by us or third parties. We may use
Submissions for our business purposes, for example, to examine trends or
categories or to promote, market, or advertise our services or the products and
services of others. You acknowledge that we may commercially benefit from use
of your Submissions.
Each
time you make a Submission, you represent and warrant as follows:
(a) You
own your Submission or have the right to submit it, and in submitting it you
will not be infringing any rights of any third party, including intellectual
property rights (such as copyright or trademark), privacy or publicity rights,
rights of confidentiality, or rights under contract.
(b)
Your Submission is not illegal, obscene, defamatory, threatening, pornographic,
harassing, hateful, in any way offensive, and does not encourage conduct that
would be considered a criminal offense, and does not give rise to civil
liability, violate any law, or is otherwise deemed inappropriate.
(c)
Your Submission does not identify any individual (including by way of name,
address, picture, or video) under the age of 18 and if your Submission
identifies any individual over the age of 18, you have that person’s consent to
being identified in exactly that way in your Submission.
(d) You
are not impersonating any other person, intentionally or otherwise.
(e) You
will not collect usernames and/or email addresses of others for the purpose of
sending unsolicited or unauthorized emails.
(f) You
will not engage in criminal or tortious activity, including fraud, spamming,
spimming, sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets or attempt to impersonate
another user or person.
(g) You
will not engage in any automated use of the system, such as using scripts to
alter our Content.
(h) You
will not, without authorization, access, tamper with, or use non-public areas
of the Site, our computer systems, or the technical delivery systems of our
service providers.
(i)
Except as necessary to maintain your own computer security by use of
commercial-off-the-shelf anti-virus or anti-malware products, you will not
attempt to probe, scan, or test the vulnerability of the Site or any other
component of our system or network or breach any security or authentication
measures.
We are
entitled to identify you to third parties who claim that their rights have been
infringed by your Submission.
Submissions
are not considered to be confidential. You agree not to make any Submission in
which you have any expectation of privacy. We do not claim any ownership rights
in Submissions; however, by making a Submission you hereby grant us an
irrevocable, perpetual, fully sub-licensable, non-exclusive, royalty-free,
worldwide license to use, telecast, copy, perform, display, edit, distribute,
reproduce, modify, adapt, and otherwise exploit the Submission, or any portion
thereof, and any ideas, concepts, or know how contained therein, with or
without attribution, and without the requirement of any permission from or
payment to you or to any other person or entity, in any manner (including,
without limitation, for commercial, publicity, trade, promotional, or
advertising purposes) and in any and all media now known or hereafter devised,
and to prepare derivative works of, or incorporate into other works, such
Submission, and to grant and authorize sublicenses of the foregoing without any
payment of money or any other form of consideration to you or to any third
party. You represent and warrant that you own or otherwise control the rights
to your Submission. You agree to indemnify and hold harmless us and our
Affiliates (as defined below) for all costs, fees (including but not
necessarily limited to attorney’s fees and costs) and claims arising from or in
connection with any claims to any rights in your Submission or any damages
arising from your Submission.
9. Disclaimers & Limitation of Liability
YOU USE
THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WE AND OUR AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS,
VENDORS, AND LICENSEES, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES,
MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE
AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”)
DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SITE/SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
IN
PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
THE AVAILABILITY, QUANTITY, ACCURACY, OR COMPLETENESS OF CONTENT AVAILABLE ON
OR THROUGH THE SITE/SERVICES OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED
TO THE SITE/SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND
OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM
YOUR ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF
TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE; OR (F) ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE/SERVICES.
TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL
BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF
REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF
SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE/SERVICES. WITHOUT
LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY
DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00).
Some
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations and disclaimers may not apply to
you. To the extent we may not, as a matter of applicable law, disclaim any
implied warranty or limit its liabilities, the scope and duration of such
warranty and the extent of our liability will be the minimum permitted under
such law.
10. Indemnity
You
agree to defend, indemnify, and hold us, our Affiliates, third-party service
providers, employees, contractors, agents, officers, and directors harmless
from any and all liabilities, claims, demands, suits, investigations, losses,
judgments, costs, and expenses (including reasonable attorneys’ fees and costs)
that arise out of or are related to your violation or alleged violation of
these Terms or use of the Site/Services.
11. Dispute Resolution
Any
controversy, claim or dispute arising out of or related to these Terms, the
Site, or the Services, but not limited to, alleged violations of state or
federal statutory or common law rights or duties (a “Dispute”) shall be solely
and exclusively resolved according to the procedures set forth in this
paragraph. If the parties are unable to resolve any Dispute through informal
means, either party may initiate binding arbitration of such Dispute by sending
notice demanding arbitration to the other party. The demand for arbitration
shall be made within a reasonable time after the Dispute has arisen, but in no
event shall it be made more than one year from when the aggrieved party knew or
should have known of the controversy, claim, or facts forming the basis of the
Dispute. The arbitration shall be initiated and conducted according to American
Arbitration Association rules and procedures for consumer arbitration (if you
are a consumer) or commercial arbitration (if you are a business) (the
“Arbitration Rules”). The arbitration shall be conducted in Franklin County,
Ohio before a single neutral arbitrator appointed in accordance with the
Arbitration Rules with the option to appeal the arbitrator’s decision to an
Optional Appellate Arbitration in accordance with the Arbitration Rules. The
arbitrator shall not have the power to award punitive damages against any
party. To the fullest extent permitted by applicable law, arbitration costs and
fees shall be divided equally between the parties. To the fullest extent permitted
by applicable law, attorneys’ fees shall be borne by each party independently
and no party shall be liable for the attorneys’ fees of the other party.
Notwithstanding the foregoing, if the arbitrator determines that a filed
Dispute is frivolous, the arbitrator, applying applicable law, may award the
prevailing party its attorneys’ fees and costs. No Disputes may be arbitrated
on a class or representative basis and the arbitrator may not consolidate or
join the claims of other persons or parties who may be similarly situated. BY
AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO
JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION,
CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; WAIVES ANY RIGHT IT MAY HAVE
TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW; AND WAIVES ANY RIGHT TO
BRING A DISPUTE MORE THAN ONE YEAR FROM WHEN IT KNEW OR SHOULD HAVE KNOWN OF
THE CONTROVERSY, CLAIM, OR FACTS FORMING THE BASIS OF THE DISPUTE. Judgment on
the award rendered by the arbitrator(s), if any, may be entered for enforcement
purposes in any court having jurisdiction thereof.
Any
matters submitted to a court for resolution shall be submitted to the state or
federal courts of Franklin County, Ohio and all parties agree to the personal
jurisdiction thereof.
12. Privacy & Security
We
maintain exclusive control of access and right of access to the Site/Services.
You understand and agree that we reserve the right to revoke your access at any
time without notice or cause of action for any reason whatsoever.
13. Links
The
Site/Services may contain links to sites or be accessed by links from sites
that are owned and operated by independent third parties to which these Terms
do not apply. We provide links solely as a convenience and the inclusion of the
link does not imply that we endorse or accept any responsibility for the
content on those sites. We are not responsible for content including but not
limited to claims, representations, warranties, offers, illustrations, names,
or endorsements on any other sites. Further, we are not, directly or
indirectly, implying any approval, association, sponsorship, endorsement, or
affiliation with the linked site, unless specifically stated therein, although
any such affiliation may be outdated, so please check directly with us for most
current information in this regard. Your linking to any other off-site pages or
other sites is at your own risk. We recommend that you review any terms of use
statement and privacy policy before using any other linked site, including
social media sites.
14. Contact Information
If you have any questions, complaints, or claims, please contact
us at:
Shoptexasinsurance.com
Attn: Legal Department
9900 Spectrum Dr
Austin TX, 78717
Email address: info@shoptexasinsurance.com
Phone number: 832-479-2640
Disclaimer of Warranties
The
Program and all information conveyed by it are provided to you on an “AS-IS”
and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED
UNDER APPLICABLE LAW. To the fullest extent permitted under applicable law, we
disclaim all warranties, whether express or implied, including without
limitation, any warranties of title, merchantability, non-infringement and
fitness for a particular purpose and all warranties regarding security,
currency, correctness, quality, accuracy, completeness, reliability,
performance, timeliness, or continued availability. We are not responsible for
cellular network or equipment performance, and you release us of any liability
for claims based on hardware, software, electronic, network or other
communications malfunctions such as incomplete messages, delayed transmissions
or any technical difficulty that may limit your ability to send or receive a
message.