Last Updated: June 12, 2018
4. PROPRIETARY RIGHTS AND LICENSES You are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use and display the contents of the Website on a single computer solely for your personal use (and not for commercial resale or redistribution) to find Auto, home, motorcycle, and business insurance and other products or services featured on the Website. All other rights are hereby reserved. “AgileRates.com” and the AgileRates.com logo are service marks owned by AgileRates. Other product and company names mentioned herein, including the names of Insurers, may be the trademarks of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of AgileRates.com or the applicable Mark holder specific for each such use. The Marks may not be used to disparage AgileRates.com, the Insurers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. The Website contains copyrighted material, trademarks and other proprietary information of AgileRates.com and/or its Insurers, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. AgileRates.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the content, in whole or in part. Nor may you reverse engineer, decompile or disassemble, or make any derivative works based on, the Website or the software or technology used in the Website (including any customization, translation, or localization). Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material from the Website will be permitted without the express written permission of AgileRates.com and the copyright owner (if different from AgileRates.com). Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. We grant you a revocable right to create a link to the home page of this Website. You will not state or imply that you or any website on which you place such a link, or any of its pages, are endorsed by, sponsored by or affiliated or associated with this Website or AgileRates.com. Nor may you make any representations or warranties, express or implied, with respect to this Website or any products or services available hereon, or any statements that are inconsistent with the Agreement.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY AgileRates.com intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by AgileRates.com at any time. Under no circumstances will AgileRates.com be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” AgileRates.com AND/OR ITS INSURERS and marketing partners DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, FREEDOM FROM VIRUSES AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR AgileRates.com’s SERVICES IS AT YOUR OWN RISK. AgileRates.com AND/OR ITS INSURERS, marketing partners AND SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR AgileRates.com’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE (INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE), OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AgileRates.com AND/OR ITS INSURERS and marketing partners HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. INDEMNITY As a condition of use of the Website and/or AgileRates.com’s services, you agree to indemnify AgileRates.com and its affiliates, suppliers, marketing partners and Insurers, and its and their respective members, managers, directors, officers and employees, from and against any and all liabilities, expenses (including reasonable attorneys’ fees), claims and damages arising out of your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of the Agreement.
7. LINKS TO THIRD-PARTY WEBSITES The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. AgileRates.com does not operate or control in any respect any information, software, products or services available on such websites. AgileRates.com’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. AgileRates.com is not responsible for the accuracy or content of the information provided by any third-party website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of technologies or programs available through that website.
8. DISPUTE RESOLUTION The Agreement shall be treated as though it were executed and performed in the State of Florida and shall be governed by and construed in accordance with the laws of the United States of America and State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement, the breach of same by any party hereto, THE WEBSITE or any products or services provided by AgileRates.com, and/or its marketing partners, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration or to protect ITS INTELLECTUAL PROPERTY. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against AgileRates.com, its affiliates, marketing partners and/or their respective employees, officers, directors, members, managers, shareholders, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorneys’ fees and court costs that AgileRates.com incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement and does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. If any provision contained in the Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original meaning of the severed provision while conforming to applicable law, and the remaining provisions of the Agreement will remain in full force and effect. Should a dispute arise between the parties and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and AgileRates.com, or its marketing partners, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state of Delaware. If either party employs attorneys to enforce any right in connection with a dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. You agree to attempt in good faith to settle any dispute or claim that has or may arise between us, which arises out of or relates in any way to these Terms or your use of the Site or the Content, including, without limitation, any dispute or claim between you and a Provider (each, a "Claim"), by way of consultations between you and us, which consultations will be initiated upon written notice by any party to the other (the "Consultation Notice"). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought ("Demand"). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this Section 8. Any notice to us under this Section 8 should be addressed to: firstname.lastname@example.org ("Notice Address"). You agree to arbitrate all Claims between you and us, or any Provider, that cannot be amicably resolved in accordance with the foregoing paragraph. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (a) claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (b) claims that could be alleged as class action Claims (and you agree to waive the right to participate in a class action in accordance with this Section 8). For the avoidance of doubt, references in this Section 8 to "Site operator," "Provider," "we", "Prospect", "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services, information or Site Content available through the use the Site. This arbitration agreement does not preclude you from bringing an individual action in small claims court if your claims qualify, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Further, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or the Federal Trade Commission. You agree that, by entering into this arbitration agreement, you and we are each waiving our respective rights to a trial by jury or to participate in a class or representative action, and that arbitration of disputes pursuant to this Section 8 shall be in your individual capacity. THIS MEANS YOU ARE LIMITING YOUR RIGHT TO APPEAL AND ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE, OR JOIN THE CLAIMS OF OTHER PARTIES WHO MAY BE SIMILARLY SITUATED OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
TThe arbitration will be governed by the American Arbitration Association ("AAA") under its then-prevailing rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Agreement (but expressly excluding the Supplementary Rules for Class Arbitration and any other AAA Rules that conflict with the waiver of class arbitration and representative proceedings below), and will be administered by one (1) arbitrator with relevant industry experience appointed in accordance with the AAA Rules. The AAA Rules are available at https://www.adr.org/Rules or by calling (800) 778-7879. The arbitrator is bound by the terms of this Agreement and shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. All issues are for the arbitrator to decide, including, without limitation, issues relating to the applicability and enforceability of this arbitration agreement.
Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings under this Section 8 will take place in the county where you are domiciled. If your Claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for in this Section 8, in any arbitration between you and us under this Section 8, all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above where Claims for damages do not exceed $10,000 shall, at your written request, be paid by us. Any request for payment of fees by us shall be submitted by mail to the AAA along with your demand for arbitration, and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law.
With the exception of the provision in the preceding paragraph prohibiting class arbitration or representative proceedings, if an arbitrator or court decides that any part of this Section 8 is invalid or unenforceable, the other parts of this Section 8 shall still apply to the maximum extent possible. In the event that the foregoing prohibition on class arbitration or representative proceedings is deemed invalid or unenforceable, then the entirety of this Section 8 shall be null and void. The remainder of the Termswill remain in force.
You may opt-out of this arbitration provision only by written notice to us at the Notice Address (email@example.com) within thirty (30) days of your acceptance of this agreement, which notice shall include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
If we make any change to this arbitration provision (other than a change to the Notice Address) during the term of your relationship with us, that change shall not apply to any Claim against us initiated prior to the effective date of the change. The change shall apply to all other Claims that have arisen or may arise between you and us. We will notify you of changes to this arbitration provision by posting the amended terms on the Site or by email, in each case at least thirty (30) days before the effective date of the changes.
Notwithstanding anything to the contrary in these Terms, Providers shall be third party beneficiaries of the rights to dispute resolution and arbitration set forth in this Section8, and each Provider shall have the right to enforce this Section 8 against Users as if such Provider were a party to the agreement set forth in this Section 8 in the event of any dispute or claim between you and such Provider based on or relating to any transaction or interaction between you and such Provider that is enabled by or arises in connection with your use of the Site.
DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
10. OTHER TERMS This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites) constitutes the entire agreement between you and AgileRates.com with respect to the Website and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and AgileRates.com with respect to the Website and information, software, products and services associated with it. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All terms of the Agreement shall survive any termination hereof, except for those terms (like licenses) that are revocable or, by their context, are not intended to survive termination. We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers or other third parties, or any other similar conditions beyond our reasonable control. You agree that no joint venture, partnership, employment or agency relationship exists between you and AgileRates.com or any of our affiliates as a result of this Agreement or your use of the Website. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Website or sending an e-mail to you at any e-mail address you have on file with us. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: AgileRates, LLC, PO Box 2704 Hallandale Beach FL 33008. All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in the section entitled “Copyright and Other Intellectual Property Infringement” below. If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, then contact us through the “Contact Us” form on the Website. This Agreement is not assignable by you, except by operation of law; AgileRates.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. 11. Copyright and Other Intellectual Property Infringement As AgileRates.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do so. If you are a copyright owner or an agent thereof and believe that any third-party content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Website are covered by a single notification, a representative list of such works at those locations; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit AgileRates.com to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. AgileRates.com’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, address: PO Box 2704 Hallandale Beach FL 33008. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to AgileRates.com customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe AgileRates.com removed any of your content in response to a false notice of copyright infringement, you should notify AgileRates.com promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, AgileRates.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. AgileRates.com has a policy of terminating the account of, or denying access or use of the Website to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others. If you believe that any of your intellectual property rights other than copyrights have been infringed (for example, if you believe that any product listed on the Site is infringing your trademarks), please e-mail AgileRates.com at firstname.lastname@example.org. AgileRates.com reserves the right, in its sole and absolute discretion, to suspend or terminate the account of any user who infringes the intellectual property rights of AgileRates.com or others, and/or to remove, delete, edit or disable access to such person’s User Content. AgileRates.com shall have no liability for any action taken pursuant to this Section.