WEB SITE TERMS AND CONDITIONS
Date of Last Revision: August 10, 2009
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of tallacmedia ("EasyQuoteFinder"), located at www.easyquotefinder.net (the "Site"), which provides users with access to free quotes from health insurance companies based on the information such users provide through the Site (the "Service"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with EasyQuoteFinder, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and EasyQuoteFinder for violations of these Terms.
EasyQuoteFinder reserves the right to change or modify these Site Terms at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Site Terms, you must stop using the Site and the Service.
for information on how EasyQuoteFinder collects, uses and discloses personally identifiable and sensitive information from its users.
2. Copyright and Limited License
Unless otherwise indicated in these Site Terms or the Site, the Site, the Service and all Content (as defined in Section 10) and other materials on the Site, including, without limitation, the EasyQuoteFinder logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of EasyQuoteFinder or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and the Service and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site, the Service or the Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site, the Service, or the Site Materials, or any portion of the foregoing; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site, the Service or the Site Materials other than for its respective intended purpose. Any use of the Site, the Service or the Site Materials other than as specifically authorized herein, without the prior written permission of EasyQuoteFinder, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, EasyQuoteFinder has adopted a policy of terminating, in appropriate circumstances and at EasyQuoteFinder's sole discretion, users or account holders who are deemed to be repeat infringers of copyrights or other intellectual property rights. EasyQuoteFinder may also at its sole discretion limit access to the Site or the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, or that your other intellectual property rights have been violated, you may file a notification of such infringement with our Designated Agent that includes the following information ("Notice"):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site (in most circumstances, we will need a URL);
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
EasyQuoteFinder's Designated Agent for such infringement Notices can be reached as follows:
405 El Camino Real # 222
Menlo Park, CA 94024
Please note that the information provided in your Notice, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such Notice constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your Notice that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
"EasyQuoteFinder", the EasyQuoteFinder logos and any other product or service name or slogan contained in the Site are trademarks of EasyQuoteFinder and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of EasyQuoteFinder or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "EasyQuoteFinder" or any other name, trademark or product or service name of EasyQuoteFinder without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of EasyQuoteFinder and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and easyquotefinder names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray EasyQuoteFinder or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a EasyQuoteFinder logo or other proprietary graphic of EasyQuoteFinder to link to this Site without the express written permission of EasyQuoteFinder. Further, you may not use, frame or utilize framing techniques to enclose any EasyQuoteFinder trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without EasyQuoteFinder's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of EasyQuoteFinder or any third party.
EasyQuoteFinder makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of EasyQuoteFinder and EasyQuoteFinder is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. EasyQuoteFinder provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by EasyQuoteFinder of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
7. Third Party Content
EasyQuoteFinder may provide third party Content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. EasyQuoteFinder does not monitor or have any control over any Third Party Content or third party Web sites. EasyQuoteFinder does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. EasyQuoteFinder does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
8. Advertisements and Promotions; Third-Party Products and Services
EasyQuoteFinder may run advertisements and promotions from third parties on the Site or through the Service or may otherwise provide information about or links to third-party products or services on the Site or through the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, including, without limitation, insurance companies, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. EasyQuoteFinder is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-EasyQuoteFinder advertisers or third party information on the Site.
You acknowledge and agree that any questions, comments, feedback, suggestions, ideas or other information, provided by you in the form of email or other submissions to EasyQuoteFinder regarding the Site or the Service ("Feedback"), are non-confidential and shall become the sole property of EasyQuoteFinder. EasyQuoteFinder shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. User-Generated Content
You are solely responsible for any and all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") posted by you on the Site, and you post any such Content at your own risk. This means that you, and not EasyQuoteFinder, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. Content that, in the sole judgment of EasyQuoteFinder, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or the Service, or which may expose EasyQuoteFinder or its users to any harm or liability of any type.
If you post Content to the Site, unless we indicate otherwise, you grant EasyQuoteFinder and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any media. You grant EasyQuoteFinder and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
11. Registration Data; Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to EasyQuoteFinder, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to EasyQuoteFinder.
You agree to defend, indemnify and hold harmless EasyQuoteFinder, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of the Site, including without limitation any actual or threatened suit, demand or claim made against EasyQuoteFinder and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY EASYQUOTEFINDER, THE SITE, THE SITE MATERIALS, AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EASYQUOTEFINDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, AND THE SERVICE. EASYQUOTEFINDER DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. EASYQUOTEFINDER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EASYQUOTEFINDER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE EASYQUOTEFINDER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICE SAFE, EASYQUOTEFINDER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
EasyQuoteFinder reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by EasyQuoteFinder.
14. Limitation of Liability
IN NO EVENT SHALL EASYQUOTEFINDER, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM EASYQUOTEFINDER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EASYQUOTEFINDER'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EASYQUOTEFINDER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EASYQUOTEFINDER FOR ACCESS TO OR USE OF THE SITE OR THE SERVICE.
15. Applicable Law and Venue
These Site Terms and your use of the Site and the Service shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in San Mateo County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, EasyQuoteFinder reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and/or the Service, and to block or prevent future your access to and use of the Site and/or the Service.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
18. Questions & Contact Information
Questions or comments about the Site may be directed to EasyQuoteFinder at the email address firstname.lastname@example.org
or by calling us at 650.367.1951.