The following terms and conditions of use (the "Terms and Conditions") govern your
use of the Quotenoodle.com site (the "Site"). The Site is made available by Quotenoodle,
LLC (the "Site Proprietor" or "we"). BY USING THE SITE, YOU ACCEPT AND AGREE
TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If
you do not agree to these Terms and Conditions, you may not access or otherwise
use the Site. We may change the Terms and Conditions from time to time, and at any
time without notice to you, by posting such changes on the Site. By using the Site
following any modifications to the Terms and Conditions, you agree to be bound by
any such modifications to the Terms and Conditions.
You may only use the Site if you are domiciled in the United States and you are
18 years old or older.
1. Services Available on the Site. Via the Site, we provide
a service by which consumers can apply to receive insurance or discount program
quotations from our network of insurance agents, brokers, discount program representatives
and other service providers. We seek to provide valuable information that individuals
can use to make their own decisions about insurance and discount programs. 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, discount programs
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,
discount program representatives 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.
We reserve the right, for any reason, in our sole discretion and without notice
to you, to terminate, change, suspend or discontinue any aspect of the Site, including,
but not limited to, content, features or hours of availability. We may also impose
limits on certain features of the Site or restrict your access to part or the entire
Site without notice or penalty.
2. Restricted Access Portions of the Site. Portions
of the Site are not intended for use by the general public, and are password protected.
Unless you are specifically authorized by the Site Proprietor to use the restricted
access areas of the Site, including those portions of the Site on agent.quotenoodle.com,
your unauthorized use of the restricted portions of the Site is strictly prohibited.
Your use of the restricted portions of the Site may be further governed by and subject
to any agreements between the Site Proprietor and other third parties, including
but not limited to brokers and insurance agents.
3. Proprietary Rights. As between you and the Site
Proprietor, the Site Proprietor owns, solely and exclusively, all rights, title
and interest in and to the Site, all the content, code, data and materials thereon,
the look and feel, design and organization of the Site, and the compilation of the
content, code, data and materials on the Site, including but not limited to all
intellectual property and proprietary rights therein. Your use of the Site does
not grant to you ownership of any content, code, data or materials you may access
on the Site. Any commercial use or exploitation of the Site is strictly prohibited.
You may view the content on the Site on your personal computer or other internet-compatible
device, and make single copies or prints of the content on the Site for your personal,
non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise
exploit any content, code, data or materials on the Site. If you make other use
of the Site, except as otherwise provided above, you may violate copyright and other
laws of the United States, other countries, as well as applicable state laws and
may be subject to liability for such unauthorized use. We do not grant any license
or other authorization to any user of our trade names, trademarks, service marks
or other marks or logos without our separate express written agreement. Third party
marks are the property of their respective owners.
4. Lead Credit Policy. Our credit policy is simple and we
want you to have sufficient time to work your leads, so we provide you with a full
10 days to return a lead.
We can credit your account FULL PRICE for the following reasons:
- All contact information is invalid
- The Lead is a QuoteNoodle duplicate lead
- The Contact is a student researching for a school project
- The Contact information is obviously fake
- A language barrier exists with the contact
All leads submitted for credit are independently verified to ensure they are valid
and meet the return criteria. We will make various attempts at different times of
the day to verify leads submitted for credit. Leads are verified during normal business
hours, Monday through Friday. Please allow up to 5 business days to validate a lead
for credit. Approved credits are applied towards your account balance immediately.
Please note that we can only credit for the reasons listed above.
5. Cancellation Policy. If you wish to discontinue your
QuoteNoodle account submit a request to cancel on the contact us form from your
home page and please allow up to three business days for your request to be processed.
Any unused funds in your account will be refunded to your credit card used after
your cancellation request has been processed.
6. Intellectual Property.
6.1. Acknowledgement of Ownership. You agree that
the Site contains proprietary information and material that is owned by the Site
Proprietor and that is protected by applicable intellectual property and other laws,
including but not limited to copyright and trademark, and that you will not use
such proprietary information or material in any way whatsoever except for use of
the Site in compliance with the terms of the Terms and Conditions. Except as set
forth herein, you agree not exploit the Site in any unauthorized way whatsoever,
including but not limited to, by trespass or burdening network capacity.
6.2. Copyrights. All copyrights in and to the Site
(including the compilation of content, postings, links to other Internet resources,
and descriptions of those resources) are owned by the Site Proprietor and/or its
licensors. THE USE OF ANY PART OF THE SITE, EXCEPT FOR USE OF THE SITE AS PERMITTED
HEREIN, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS
OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE
MONETARY DAMAGES, FOR COPYRIGHT AND/OR TRADEMARK INFRINGEMENT.
6.3. Trademarks. Site Proprietor, and all its trademarks,
service marks, graphics, and logos used in connection with the Site and are trademarks
or registered trademarks of the Site Proprietor in the U.S. and/or other countries.
You are granted no right or license with respect to any of the aforesaid trademarks
and any use of such trademarks.
7. User Submissions. 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 (such information and/or materials referred to hereinafter
as "User Submissions"). User Submissions include, for example, information you submit
to us via your application to receive quotations ("Application Data"). User Submissions
also include 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 (with the exception
of testimonials, which may be used as set forth in Section 6, below) are set forth
in the Site's Privacy Policy which is incorporated herein by reference for all purposes.
Please read our Privacy Policy before submitting any User Submissions. You acknowledge
and agree that you are solely responsible for the accuracy and content of the User
Submissions. We cannot be responsible for maintaining any User Submissions that
you provide to us, and we may delete or destroy any such User Submissions at any
time. We reserve the right to refuse to post or to remove any User Submissions,
in whole or in part, that, in our sole discretion, are unlawful, unacceptable, undesirable,
inappropriate or in violation of these Terms and Conditions.
8. Testimonials. If you submit a testimonial to us
about how the Site has worked for you, such testimonial will be deemed not to be
confidential or secret, and may be used by us in any manner. By submitting or sending
a testimonial to us, you: (i) represent and warrant that the testimonial is original
to you, that no other party has any rights thereto, and that any "moral rights"
in such testimonial have been waived, and (ii) you grant us a royalty-free, unrestricted,
worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable
and sub-licensable right and license to use, reproduce, publish, distribute, display,
translate, summarize, modify and adapt such testimonial (in whole or part) and/or
to incorporate it in other works in any form, media, or technology now known or
later developed, in our sole discretion, with or without your name. Any breach of
the warranties contained in this Section 6 shall be expressly subject to your indemnification
duties as contained in Section 7 herein.
9. User Conduct. You warrant and 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 protected by copyright, or
other proprietary or intellectual property right, without first obtaining permission
from the proprietary or intellectual property rights holder; (b) are unlawful, threatening,
harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive,
fraudulent, contain explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or threatening nature
directed at another individual or group of individuals), invasive of another's privacy
or hateful, (c) restrict or inhibit any other user from using and enjoying the Site,
(d) constitute or encourage conduct that would constitute a criminal offense or
give rise to civil liability, (e) contain a virus or other harmful component, advertising
of any kind, or false or misleading indications of origin or statements of fact,
(f) or in any way violate these Terms and Conditions.
You also warrant and agree that you shall not: (a) impersonate any person or entity
or misrepresent your affiliation with any other person or entity; (b) upload, post,
publish, transmit, reproduce, distribute or in any way exploit any information or
other material obtained through the Site for commercial purposes; (c) 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 (d) attempt to gain unauthorized access to restricted
access portions of the Site or 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.
BY USING THE SITE, YOU AGREE TO INDEMNIFY AND HOLD THE SITE PROPRIETOR, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH
RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THE TERMS AND CONDITIONS, YOUR
USE OF THE SITE OR ANY SERVICES ADVERTISED THEREON, OR ANY ACTION TAKEN BY THE SITE
PROPRIETOR AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THE TERMS AND
CONDITIONS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THE TERMS
AND CONDITIONS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES
FROM THE SITE PROPRIETOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, ATTORNEYS AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE
TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR
ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED
VIOLATION OR AS A RESULT OF THE SITE PROPRIETOR'S CONCLUSION THAT A VIOLATION OF
THE TERMS AND CONDITIONS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES
TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THE TERMS AND CONDITIONS.
10. Your Account and Password. We may enable you to establish
an account on the Site with a user name and password. If so, you are responsible
for maintaining the strict confidentiality of your account password, and you are
responsible for any activity under your account and password. You agree to (a) immediately
notify us of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end of each session.
It is your sole responsibility to control the dissemination and use of your password,
control access to and use of your account, and notify the Site Proprietor when you
desire to cancel your account on the Site. We will not be responsible or liable
for any loss or damage arising from your failure to comply with this provision.
11. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT
LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS,"
"AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES,
OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS,
OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES,
EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS
OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE,
OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS'
REQUIREMENTS. 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 SUBMISSION; 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.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE
PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR
CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY
TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY
APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS
OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR
OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY
OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
13. Links from and to the Site. You acknowledge and
agree that we have no responsibility for the accuracy or availability of information
provided by Web sites to which you may link from the Site ("Linked Sites"). Links
to Linked Sites do not constitute an endorsement by or association with us of such
sites or the content, products, advertising or other materials presented on such
sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and
agree that we are not responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on such Linked Sites.
14. Applicable Laws. We control and operate this Site from
our offices in the United States of America. We do not represent that materials
on the Site are appropriate or available for use in other locations. Persons who
choose to access this Site from other locations do so on their own initiative, and
are responsible for compliance with local laws, if and to the extent local laws
are applicable.
15. Miscellaneous. The Terms and Conditions and the relationship
between you and us shall be governed by the laws of the State of Washington without
regard to its conflict of law provisions. You agree that any cause of action that
may arise under the Terms and Conditions shall be commenced and be heard in an appropriate
court in the State of Washington, Spokane County. You agree to submit to the personal
and exclusive jurisdiction of the courts located within the State of Washington,
Spokane County. Our failure to exercise or enforce any right or provision of the
Terms and Conditions shall not constitute a waiver of such right or provision. If
any provision of the Terms and Conditions is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms and Conditions remain in full force and effect. 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 the Terms and Conditions
must be filed by you within one (1) year after such claim or cause of action arose
or be forever barred.