Last updated: July 2, 2019
1. PRODUCTS AND SERVICES; AUTHORIZATION TO OBTAIN YOUR CREDIT REPORT AND CREDIT SCORE. The Website is an online marketplace where you can research and compare services, prices and/or products including, but not limited to, auto insurance products. You understand and agree that if you submit a request for a product or service offered through the Website, the Company may share your personal information (such as your full name, address, telephone number, email address and/or social security number if provided) with clients in our client network, including, but not limited to insurance agents, brokers and/or insurance companies, (referred to individually as “Client and collectively as “Clients”) to process and fulfill your request. If applicable (based upon the products or services you select), you authorize the Company to use your social security number, year of birth and/or other of your personal information to obtain and use your credit report and credit score for the purpose of matching your request with Clients. You further authorize Clients that receive your personal information, social security number, or year of birth to obtain and use your credit report and credit score for the purpose of processing and fulfilling your request, if applicable.
You acknowledge that the Company does not make underwriting or insurance decisions in connection with the Service and that the Company is not a party to any agreement that you may make with the Client, and that the Client is solely responsible for its services to you. You further acknowledge that the Company is not acting as your agent or broker and is not recommending any particular service, product or Client to you. The Company does not charge you a fee to use the Website. You understand that requirements for a particular service or product are made by the Clients and that the Company does not endorse, warrant, or guarantee the products or services of any Client. Nothing contained herein shall constitute an offer or promise for an underwriting or insurance agreement. You agree that the Company shall not be liable for any damages or costs of any type which arise out of or in connection with your use of any Client’s service.
By submitting your request for Service through the Website, you are consenting to be contacted by up to five Clients either by telephone (including by auto-dialer, where applicable), email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of any company. You understand that the Clients may maintain the information you submit to the Company whether you elect to use the Clients’ services or not. In the event you no longer want to receive communications from a Client, you agree to notify the Client directly. You also give the Company permission to share your information with its partners, affiliates, parent companies and/or sister companies and to send you updates or other notices by email regarding products and services which we think may be of interest to you.
2. COMPANY NEWSLETTER AND OTHER EMAILS. By providing and/or submitting information while using the Website, you are agreeing to receive one or more of the following: our newsletters by email, other special offer emails, emails that include offers from our subsidiaries, parent companies and/or sister companies, and/or other advertisers or service providers. If you do not wish to receive these emails, you may opt-out at any time by following the directions in the newsletter and/or email sent to you.
3. USE OF THE WEBSITE AND SERVICE. You certify to that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to the Company, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Website or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
4. PROHIBITED CONDUCT. You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii ) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.
6. COPYRIGHT AND TRADEMARK NOTICE INFORMATION. All content of the Website is protected under copyright to LMB Insurance Services, Inc., Copyright © 2019 LMB Insurance Services, Inc., 4859 W Slauson Ave #405, Los Angeles, CA 90056, and/or to its Clients and third party vendors as hosted. All rights reserved. All trademarks and service marks and other of the Company’s logos and product service names are trademarks of the Company (“LMBIS Marks”). Without the Company’s prior permission, you agree not to display or use in any manner, the LMBIS Marks. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.
7. PROPRIETARY RIGHTS. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software “) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles , artwork, screen shots, graphics, logos, text, drawings and other files on the Website or that are part of the Service are copyrights, trademarks , service marks, patents or other proprietary rights of the Company or their respective intellectual property owners. Except as expressly authorized by the Company, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Website, the Service or the Software, in whole or in part.
The Company grants you a personal, non-transferable and non-exclusive right to use the Service provided, however, that you do not copy, modify , create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense , grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
8. LINKS. The Company, through the Website, the Service or otherwise, may provide links to other websites. Because the Company has no control over such websites, you acknowledge and agree that the Company is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising , products, or other materials on or available from such websites. You further acknowledge and agree that the Company shall not be 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, products, goods or services available on or through any such website.
9. INDEMNIFICATION. You agree to indemnify and hold the Company, its subsidiaries, affiliates, agents, shareholders, officers, contractors , vendors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or Service, the violation of the Agreement by you, or the infringement by you, or any other user of the Website or Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. NO WARRANTY. COMPANY PROVIDES THE WEBSITE AND THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii ) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
11. LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3 ) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST COMPANY WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
12. RELEASE. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS , AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS , EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS , LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
13. NOTICE. The Company may provide you with notices, including those regarding changes to the Agreement, either by email, regular mail, or postings on the Service. All notices to the Company must be made in writing and mailed to:
Attn: Law Department
4859 W Slauson Ave #405
Los Angeles, CA 90056
15. DELAINGS WITH THIRD PARTIES. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with Clients of the Company, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.
16. DISPUTES. This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Los Angeles, California, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California , County of Los Angeles, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of Company’s proprietary rights , including without limitation, trademarks, service marks, copyrights , or trade secrets; or, (ii) an action by a party for temporary, preliminary , or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT COMPANY’S PLACE OF BUSINESS IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA , AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
17. MODIFICATION TO SERVICE. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. WAIVER AND SEVERABILITY OF TERMS. The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect.
19. DISCLOSURE OF YOUR INFORMATION. You acknowledge, consent and agree that Company may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to : (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Company, users of the Website and the public.
20. ENTIRE AGREEMENT. The Agreement constitutes the entire agreement between you and Company and governs your use of the Website or Service, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use certain other Company services, affiliate services, third party content or third party software.
21. SURVIVAL. The following paragraphs shall survive termination or your refusal to continue to use the Service: 5, 6, 7, 9, 10, 11, 12, 16, 18, 19 and 22.
22. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.