Terms and Conditions of Use
Welcome to the ChoiceAutoInsurance.com website (the “Site”) operated
by Envision eSolutions, LLC (the “Company”). Please read the following
terms and conditions of use (“Terms”) carefully as they contain the
legal terms and conditions of an agreement (“Agreement”) to which you
agree by accessing the Site or using the services provided to you by the
Company through the Site (collectively, the “Services”).
We reserve the right, at any time, to modify, alter, or update the Terms
without prior notice. Modifications shall become effective immediately
upon being posted on the Site. Your continued use of the Site after
amendments are posted constitutes an acknowledgement and acceptance of
the Terms as modified. Except as provided in this paragraph, the Terms
may not be amended.
For the purposes of this Agreement, “you” means you, the person using
the Site. “The Company,” “we” or “us” means Envision eSolutions, LLC. In
the case of inconsistencies between these Terms and information
included in off-line materials (e.g., promotional materials and
mailers), these Terms will always govern and take precedence.
- Services Available on the Site. Via the Site, we provide a
service by which consumers can apply to receive insurance quotes. Once
you provide us with the information needed to complete an on-line
application, we will attempt to match you with appropriate insurance
agents, brokers or other companies. We do not issue insurance contracts
or bind coverage. We do not endorse or recommend any companies or
insurance policies, and we do not provide insurance, tax or financial
advice. We do not guarantee that any of the insurance agents, brokers
and/or companies to whom we forward your application will contact you or
agree to provide you coverage. We are not responsible in any way for
the conduct of the insurance agents, brokers and companies that are
matched with your on-line application. If you would like personal advice
or specific policy recommendations, you should consult with an
insurance agent, broker, or other qualified professional. There is no
charge to you for use of the Site.
- Ownership and Site License. Unless otherwise stated in
these Terms or on the Site, the Company is the owner of all copyright
and database rights in the Site and its contents, excluding User Content
(as defined below). All brand, product and service names used on the
Site which identify the Company are proprietary marks of the Company.
All brand, product and service names used on the Site that identify
third parties and their products and services are proprietary marks of
such third parties. Nothing on the Site shall be deemed to confer on any
person any license or right on the part of the Company or any third
party with respect to any such image, logo or name. Subject to the terms
set forth in these Terms, the Company grants you a personal, limited,
revocable, non-exclusive and non-transferable license to use the Site
and the Services. This license is exclusive to you and you may not
sublicense the use of the Site. The Company expressly retains all
ownership rights, title and interest in and to all aspects of any
software, Services and the Site, including, but not limited to, all
current and future patents, copyrights, trademarks, trade secrets,
know-how, and other proprietary rights included or embodied in the Site.
You may not modify the Site, create derivative works of the Site, or
reverse engineer, reverse compile, reverse assemble or do any other
operation with the Site that would reveal any source code, trade
secrets, know-how or other proprietary information. This license shall
not be construed or interpreted as granting or providing rights to you
to use, reproduce, modify, distribute, perform, display, possess or
control the source code or any other aspect of the Site. You may not
remove or modify any notice of confidentiality, trade secret, trademark
or copyright encoded or embodied in the Site or displayed by, on, or in
the Site. You may use the Site only while these Terms remain in effect.
Under no circumstances shall you have any rights of any kind in or to
the Site after any termination or expiration of these Terms for any
reason.
- User Content. In the course of your use of the Site, you
may be asked to provide, or you may provide on your own inclination,
information or materials to us ("User Content"). User Content includes,
for example, information you submit to us via your application to
receive quotations. User Content also includes information and materials
you submit to us via other on-line forms on the Site, by e-mail, or in
any other manner via the Site. Our information collection and use
policies with respect to the privacy of personal information are set
forth in our Privacy Policy (www.choiceautoinsurance.com/privacypolicy)
which is incorporated herein by reference for all purposes. Please read
our Privacy Policy before submitting any User Content. We cannot be
responsible for maintaining any User Content that you provide to us, and
we may delete or destroy any such User Content at any time. The Company
does not claim ownership rights to any User Content. For the sole
purpose of enabling us to provide the Services, you grant the Company a
non-exclusive, perpetual, irrevocable, worldwide, fully-paid,
transferable right and license, with the right to sublicense through
multiple levels of sublicensees, under all of your intellectual property
rights in the User Content, to (a) reproduce, create derivative works
of, distribute, publicly perform, publicly display, digitally transmit,
and otherwise use the User Content in any medium or format, whether now
known or hereafter discovered and (b) exercise any and all other present
or future rights in the User Content. You remain the owner of all User
Content that you submit to the Site and as a condition to your use of
the Site and the Services, you represent and warrant to the Company that
you are the owner of the copyright to the User Content you submit to
the Site or that you have written permission from the copyright owner to
submit such User Content. In addition, you warrant that all moral
rights in any User Content have been waived. The Company reserves the
right to remove, delete, move or edit User Content that it, in its sole
discretion, deems abusive, defamatory, obscene, in violation of the law,
including but not limited to copyright or trademark law, or otherwise
unacceptable. You are entirely responsible for all User Content and the
Company will not be liable for any such User Content.
- User Conduct. You agree that, while using the Site, you
shall not upload, post or transmit to or distribute or otherwise publish
through the Site any materials that: (a) are unlawful, threatening,
harassing, profane, tortious, defamatory, vulgar, obscene, libelous,
deceptive, fraudulent or invasive of another's privacy; (b) restrict or
inhibit any other user from using and enjoying the Site; or (c) contain a
virus or other harmful component, advertising of any kind, or false or
misleading indications of origin or statements of fact. You also warrant
and agree that you shall not: (i) impersonate any person or entity or
misrepresent your affiliation with any other person or entity; (ii)
upload, post, publish, transmit, reproduce, distribute or in any way
exploit any information or other material obtained through the Site for
commercial purposes; (iii) engage in spamming, flooding, harvesting of
e-mail addresses or other personal information, spidering, "screen
scraping," "database scraping," or any other activity with the purpose
of obtaining lists of users or other information, or send chain letters
or pyramid schemes via the Site; or (iv) attempt to gain unauthorized
access to other computer systems through the Site. You agree that you
will not use the Site in any manner that could damage, disable,
overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available or provided for through the Site.
- Disclaimer of Warranties. The Site is provided on an "as
is" and "as available" basis by the Company. THE COMPANY, ITS LICENSORS,
AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR
PURPOSE, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE
THEREOF. THE COMPANY SHALL HAVE NO LIABITILITY FOR ANY INTERRUPTIONS IN
THE USE OF THE SITE OR THE SERVICES. NO ADVICE, RESULTS OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE
DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE
SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER CONTENT; YOU
SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE
IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR
INFORMATION IS LOST.
- Limitation of Liability. THE COMPANY SHALL NOT BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING, WIHTOUT LIMITATION, ANY DIRECT,
SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR
LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED
TO THE SITE, THE SERVICES OR THE INFORMATION CONTAINED ON THE SITE,
WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE,
IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. IT IS THE
INTENTION OF BOTH PARTIES THAT THE FOREGOING LIMITATION OF LIABILITY BE
CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION THAT IS CONSISTENT
WITH APPLICABLE LAW.
- Indemnification. You agree to indemnify and hold the
Company, its parents, subsidiaries, affiliates, managers, members and
employees, harmless from any claim or demand, including reasonable
attorneys' fees and costs, made by any third party due to or arising out
of your use of the Site or the Services, your violation of the Terms,
or any infringement by you, or any other user of the Site or the
Services using your computer, of any intellectual property or any other
right of any person or entity.
- Modifications and Interruption to Service. The Company
reserves the right to modify or discontinue, permanently or temporarily,
the Site and/or the Services (or any part thereof) with or without
notice to you. The Company also reserves the right to modify or
discontinue, permanently or temporarily, your access to the Site and/or
the Services (or any part thereof) with or without notice to you. The
Company shall not be liable to you or any third party should the Company
exercise its right to modify or discontinue the Site or the Services or
your access to the Site or the Services. You acknowledge and accept
that the Company does not guarantee continuous, uninterrupted or secure
access to the Site or the Services and operation of the Site and the
Services may be interfered with or adversely affected by numerous
factors or circumstances outside of the Company’s control.
- Third-Party Sites. The Site may include links to other
sites on the Internet that are owned and operated by online merchants
and other third parties. If you decide to access linked web sites you do
so at your own risk. You acknowledge that we are not responsible for
the availability of, or the content located on or through, any
third-party site and you agree that we are not liable for any loss or
damage that you may suffer by using other web sites. You should contact
the site administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on such
sites. Your use of those third-party sites is subject to the terms of
use and privacy policies of each site. We encourage you to review the
terms of use and privacy policies of such third-parties' sites.
- Proprietary Rights and Privacy Protection for Other Users’
Content on the Site. The Company hereby notifies you that all the
information, content, image files, software and materials on the Site
may be protected by United States and international copyright and other
intellectual property laws and by other applicable laws, including
privacy laws. You understand that the Company is unable to provide you
with permission to copy display or distribute material for which you do
not own the copyright or other intellectual property rights. You may not
copy or distribute such material without the written consent of the
owner, and you are solely responsible for any copyright or other
intellectual property law violations that you may incur as a result of
your activities on the Site. The Company has the absolute right to
exclude you from the Site if you use the Services to violate the
intellectual property rights or other rights of third parties.
- Applicable Law and Jurisdiction. The Company is based in
the State of Colorado, in the United States. The Company makes no claims
that the Company, the Site or the site content are appropriate or may
be downloaded outside of the United States. Access to the site content
may not be legal by certain persons or in certain countries. If you
access the Site or use the Services from outside the United States, you
do so at your own risk and are responsible for compliance with the laws
of your jurisdiction. You expressly agree that exclusive jurisdiction
for any dispute with the Company, or in any way relating to your use of
the Site or the Services, resides in the courts of the State of Colorado
and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of Colorado in connection with
any such dispute including any claim involving the Company or its
affiliates, subsidiaries, employees, contractors, officers, managers,
members, telecommunication providers, and content providers. These Terms
are governed by the internal substantive laws of the State of Colorado,
without respect to its conflict of laws principles.
- Compliance with Laws. You assume all knowledge of
applicable law and are responsible for compliance with any such laws.
You may not use the Site or the Services in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. You further agree not to transmit any material
that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local,
state, national, or international law or regulation.
- Other Terms. If any provision of these Terms is found to be
invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of these Terms, which shall remain in full force and effect. No waiver
of any of these Terms shall be deemed a further or continuing waiver of
such term or condition or any other term or condition. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action by you arising out of or related to use of the Site or these
Terms must be filed by you within one (1) year after such claim or cause
of action arose or be forever barred. You agree that the Terms and any
other agreements referenced herein may be assigned by the Company, in
our sole discretion, to a third party in the event of a merger or
acquisition. The Terms shall apply in addition to, and shall not be
superseded by, any other agreement between us in relation to your use of
the Services. You agree that by accepting the Terms, you are consenting
to the use and disclosure of your personally identifiable information
and other practices described in our Privacy
Policy. Last updated on Nov24, 2009