Terms of Use
Terms and Conditions of Use Updated March 12, 2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By accessing QuoteGenius.com, using any of our services and/or accessing and using any other websites on which these Terms and Conditions reside (collectively also referred to herein as the "Site"), or any of the Site's Content (as defined below), you acknowledge that you agree to and are subject to the following Terms and Conditions, including without limitation, binding arbitration (described in Section 2 below), the QuoteGenius Privacy Policy, E-Sign Consent, and any operating rules, policies, and procedures that may be published from time to time on this Site (collectively, the "Terms"). NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND THAT LIMIT OUR LIABILITY TO YOU.
If you do not agree to these Terms, you may not access or otherwise use the Site or the Content. The Terms constitute a legally binding agreement between you and us, QuoteGenius.com, the operator of the Site (hereafter referred to as "we", "us" or "our"). References in these Terms to "Site operator," "we", "us" and "our" include our affiliates (including, without limitation, QuoteGenius, Inc.), agents, successors, and assigns. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is intended for and made available only to residents of the United States, age 18 or older. By accessing and using the Site, you accept and agree to, without qualification, the Terms and represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Site, including the provision or use of any Content, does not violate any applicable law.
1. Our Services:
The Site acts as a portal to facilitate insurance agents, insurance companies, lead aggregators and other similar parties (each a "Provider") to offer for sale and to sell, insurance and other products to potential consumers who have applied through the Site to receive insurance or other authorized quotations from a Provider (each, a "Prospect"), and all Prospects and potential Prospects that use the Site are collectively called the Site's "Users" (and hereafter may be referred to as "you" or "your"). We may, with a Prospect's authorization, collect certain information (a "Lead") about a Prospect and sell the Lead to a Provider. We are not responsible for the legality, safety or quality of the products offered for sale by a Provider, the accuracy or veracity of the representations regarding the products, the ability of Providers to sell the products or the ability of Prospects to pay for the products. For all purposes we are an independent contractor. Except for certain life insurance transactions, we do not issue insurance contracts or bind coverage. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Prospect or Provider. Except for certain life insurance transactions, we do not endorse or recommend any Providers or insurance policies, or other related products offered by such Providers. Apart from certain life insurance transactions, we do not provide any type of insurance, tax, financial, legal or any other advice. We do not guarantee that any Providers to whom we send a Prospect's application will contact the Prospect or agree to provide the Prospect with the requested insurance coverage. If you would like personal advice or insurance specific policy recommendations, please consult with a qualified professional. Be advised that we do not offer or sell any insurance or other products shown on the Site.
2. Dispute Resolution by Binding Arbitration:
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 2. Any notice to us under this Section 2 should be addressed to: compliance@quotegenius.com ("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 2). For the avoidance of doubt, references in this Section 2 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 of 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 2 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.
The arbitration shall be overseen by the American Arbitration Association ("AAA") in accordance with its then-current regulations and protocols, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Regulations"), as amended by this Agreement (yet distinctly excluding the Supplementary Rules for Class Arbitration and any other AAA Regulations conflicting with the waiver of class arbitration and representative proceedings below), and shall be managed by one (1) arbitrator possessing relevant industry expertise appointed in accordance with the AAA Regulations. The AAA Regulations can be accessed at https://www.adr.org/Rules or by contacting (800) 778-7879. The arbitrator is obligated by the terms of this Agreement and shall apply Delaware law consistent with the Federal Arbitration Act and relevant statutes of limitations and shall respect claims of privilege acknowledged by law. All matters, including but not limited to issues regarding the applicability and enforceability of this arbitration agreement, are within the arbitrator's jurisdiction to decide.
Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings pursuant to this Section 2 shall occur in the county of your domicile. Should your Claim amount to $5,000 or less, you may elect whether the arbitration shall be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as prescribed by the AAA Regulations. Should your Claim exceed $5,000, entitlement to a hearing will be determined by the AAA Regulations. Except as otherwise stipulated in this Section 2, in any arbitration between you and us under this Section 2, all AAA filing, administrative, and arbitrator fees for any arbitration commenced in compliance with the notice prerequisites where Claims for damages do not surpass $10,000 shall, upon your written request, be covered by us. Any fee payment request by us shall be sent by mail to the AAA together with your arbitration demand, and we shall make necessary arrangements to directly settle all required fees with the AAA. If the relief sought exceeds $10,000 and you can demonstrate that arbitration costs would be excessive compared to litigation costs, we shall cover as much of the filing, administrative, and arbitrator fees as the arbitrator deems necessary to prevent arbitration from becoming cost prohibitive. However, if the arbitrator determines 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 previously disbursed funds that are otherwise your responsibility to pay under the AAA Regulations.
The arbitrator may only grant declaratory or injunctive relief in favor of the individual party seeking such relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator is not bound by decisions in previous arbitrations involving our other Users but is bound by decisions in previous arbitrations involving the same User to the extent mandated by applicable law.
Except for the clause in the preceding paragraph prohibiting class arbitration or representative proceedings, if an arbitrator or court determines that any part of this Section 2 is invalid or unenforceable, the remaining portions of this Section 2 shall still fully apply possible. Should the prohibition on class arbitration or representative proceedings be deemed invalid or unenforceable, then this entire Section 2 shall be rendered null and void. The remainder of the Terms, including but not limited to Section 16 (Choice of Law and Forum), shall remain in effect.
You have the option to opt-out of this arbitration provision solely by providing written notice to us at the Notice Address (legal@QuoteGenius.com) within thirty (30) days of your acceptance of this agreement, which notice must include your name, address, and a clear statement expressing your desire not to resolve disputes with us through arbitration.
If we modify this arbitration provision (aside from a change to the Notice Address) during the duration of our relationship with you, such modification shall not be applicable to any Claim against us initiated prior to the effective date of the modification. The modification shall apply to all other Claims that have arisen or may arise between you and us. We shall notify you of any changes to this arbitration provision by posting the amended terms on the Site or by email, in each instance at least thirty (30) days before the changes take effect.
Notwithstanding anything to the contrary in these Terms, Providers shall be considered third-party beneficiaries of the rights to dispute resolution and arbitration outlined in this Section 2, and each Provider shall possess the right to enforce this Section 2 against Users as if the Provider were a party to the agreement detailed in this Section 2 in the event of any dispute or claim between you and such Provider arising from or relating to any transaction or interaction between you and such Provider facilitated by or arising in connection with your use of the Site.
DO NOT UTILIZE THIS SITE IF YOU DO NOT AGREE TO THE AFOREMENTIONED BINDING ARBITRATION PROVISIONS.
3. Personal Usage:
There is no charge for accessing the Site. Each user is granted a restricted, reversible, non-exclusive permit to enter the Site and its content, including text, visuals, maps, documents, images, and other materials (referred to as the "Content") for the purpose of viewing, accessing, or making inquiries regarding our services, as per these Terms. Any other form of utilizing the Site is strictly forbidden. This limited permit does not encompass the right to display, copy, aggregate, compile, or create derivative works from the Site, nor does it allow the use of spiders, data mining, robots, or similar tools for data extraction and collection without our explicit prior written consent. All rights not expressly granted here are reserved by us.
4. Retrieval of Information from the Site and Ownership Rights:
All Content and the Site itself are safeguarded by copyright and database rights as a compilation and/or collective work, in accordance with U.S. copyright regulations, other applicable copyright laws, trademark laws, and international agreements. The Content is solely for personal use by each user, as outlined in Section 3 (Personal Usage). All users agree to adhere to these Terms and any additional guidelines, limitations, or copyright notices contained within or pertaining to any Content on the Site. Copying or storing any Content for purposes other than non-commercial, personal use is strictly prohibited without prior written consent from us or the relevant copyright holder. You recognize and consent that QuoteGenius and its respective affiliates own the data collected by the Application. By displaying, publishing, or posting Content on or through the Site, you grant QuoteGenius a non-exclusive, sublicensable, irrevocable, global, fully-paid, royalty-free license to utilize, adapt, publicly display, reproduce, publish, and distribute such User Content in any media now known or developed in the future, without the obligation to compensate you or any third party or seek permission from you or any third party.
5. Unauthorized Usage:
Unless otherwise stipulated herein or permitted under applicable law, you may not engage in any of the following without our prior written consent:
Upload, post, display, copy, republish, reproduce, transmit, or distribute any Content in any form; Reproduce any part of the Site on your own website or use any device, including but not limited to framing or other techniques to enclose any portion of the Site, or replicate any part of the Site; Reverse engineer, disassemble, copy, or duplicate any aspect of the Site; Modify, translate, or create derivative works from any Content or part of the Site; Sell, license, or transfer any part of the Site to third parties; Utilize spiders, robots, or other automated tools to copy or monitor the Content or any part of the Site; Use the Site for any purpose other than legitimate inquiries regarding our services or to learn about our services; Create fraudulent or false inquiries or accounts using the Site; Transmit or post any abusive, threatening, unlawful, defamatory, libelous, false, misleading, vulgar, obscene, indecent, sexually explicit, pornographic, profane, or inflammatory material, or any material that could incite conduct constituting a criminal offense or civil liability, or otherwise violate any law or prohibited purpose under these Terms; Access or use the Site in a manner that adversely affects its function or performance, or that infringes upon our or any third party's trademark, copyright, patent rights, rights of privacy or publicity, or any other proprietary rights; Transmit or upload to the Site, or use with the Site, any software, device, or routine containing viruses, worms, time bombs, Trojan horses, or other computer programming routines that may interfere with, damage, or intercept the normal operation of the Site, or appropriate the Site or any system, or take any action that places an unreasonable load on our computing platform; Bypass encrypted data or access more materials or data than licensed, or use the Site in a manner violating these Terms or any applicable laws; or Attempt unauthorized access to the Application or any computer system used to provide the Application, circumvent any access restrictions or security measures related to the Application, or disclose your access information or grant access to the Application to any third party. Unauthorized access to and/or use of the Site or the telecommunications or computer facilities used for delivering the Site constitutes a breach of these Terms and a violation of the law. Additionally, unauthorized access to and/or use of the Application may result in immediate termination of your license to use the Application and denial of future participation in any telematics offerings distributed by QuoteGenius. Your internet service provider and/or mobile carrier may also terminate their services to you in response to violations of these Terms applicable to the Application. If you encounter or become aware of any Content, activity, or communication through or related to the Site that appears to violate the above, or any other provision of these Terms, we request that you inform us of such violation by sending a notification to legal@quotegenius.com.
6. Site Alterations
QuoteGenius reserves the right to modify, terminate, or suspend any element of the platform at any given time, including the accessibility of features, content, or databases. Additionally, limitations may be imposed on specific services or features, or your access to the entirety or parts of the platform may be restricted without prior notice or liability.
7. Our Data Privacy Policy
By utilizing the platform, you agree to the collection and utilization of your personally identifiable information as outlined in the QuoteGenius Privacy Policy, which is integrated into these terms. Our Privacy Policy delineates our practices concerning information collection, protective measures, utilization, sharing, and the procedure for opting out of communications.
8. Verification of Identity
We advise all users to exercise appropriate caution when engaging with individuals, particularly those with whom you may conduct business through the platform or the internet in general.
9. LIABILITY LIMITATION
IN NO EVENT SHALL QUOTEGENIUS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR THOSE OF ANY APPLICATION MARKETPLACE PROVIDER, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR LOST PROFITS, COVER, OR LOSS OF REVENUE ARISING FROM, BASED ON, OR RESULTING FROM YOUR USAGE OF THE PLATFORM, INABILITY TO UTILIZE THE PLATFORM, OR ANY TRANSACTION BETWEEN US OR BETWEEN YOU AND SERVICE PROVIDERS FACILITATED BY OR ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, (vi) STATUTE, OR (vii) ANY OTHER LEGAL BASIS, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN ANY EVENT, OUR LIABILITY, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM IS LIMITED TO THE GREATER OF (a) THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH IN WHICH SUCH CLAIM(S) ACCRUED, AND (b) $200.00. Any cause of action arising from or in connection with your usage of the platform must be initiated within one (1) year following the occurrence of the claim or cause of action. CERTAIN JURISDICTIONS MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE PRECEDING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY TO THE EXTENT THAT DAMAGES TO SUCH RESIDENTS RESULT FROM QUOTEGENIUS' NEGLIGENT, FRAUDULENT, OR RECKLESS ACTIONS OR INTENTIONAL MISCONDUCT.
10. DISCLAIMER THE PLATFORM: INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS, AND INFORMATION PROVIDED THROUGH OR ACCESSED VIA THE PLATFORM, IS OFFERED ON AN "AS IS, AS AVAILABLE" BASIS, AND QUOTEGENIUS DOES NOT PROVIDE MAINTENANCE OR SUPPORT SERVICES FOR ANY ASPECT OF THE PLATFORM, INCLUDING THE APPLICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE CONTENT ON THE PLATFORM OR THE SERVICES, INFORMATION, FUNCTIONS, AND MATERIALS AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES, OR REGARDING ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. FURTHERMORE, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR ANY SERVICES, CONTENT, OR MATERIALS THEREIN WILL BE SUITABLE FOR YOUR NEEDS, ACCURATE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE RECTIFIED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR DATA OBTAINED THROUGH THE UTILIZATION OF THE PLATFORM IS AT THE USER'S DISCRETION AND RISK, AND THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO INFORMATION OBTAINED THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPLICITLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11.Liberation/Indemnity:
Should a disagreement arise between you and any Provider, Prospect, or other third party, including but not limited to any other user of the Platform, regarding the utilization of the Platform, you hereby consent to liberate, waive, and perpetually discharge QuoteGenius and its representatives, executives, officers, staff, shareholders, and all other associated individuals or entities from any and all types of rights, grievances, demands, assertions, causes of action, proceedings, responsibilities, liabilities, legal costs, expenses, and disbursements of any kind, whether known or unknown, which currently exist or may arise in the future, pertaining to, associated with, or arising from such dispute or your usage of the Platform. In the event you are a resident of California, you explicitly waive California civil code section 1542, which states: "a general release does not include claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor." Should you reside in a state other than California, you
expressly waive any statutes of your state that offer similar implications or intentions.
12. Compensation:
By accessing the Platform or the Content therein (including, but not limited to, any dealings or engagements between you and a Provider or any of Provider's affiliates, partners, or agents facilitated by or arising from your use of the Platform), you agree to indemnify, defend, and absolve QuoteGenius and its representatives, executives, officers, staff, shareholders, and all other associated individuals or entities (collectively referred to as the "Indemnified Parties") from any and all liabilities and expenses (including reasonable legal fees and court costs) incurred by the Indemnified Parties in connection with any claim arising from your use of the Platform, any information or data you provide or access through the Platform, and any actions (or inactions) by you or other users of your account, or any breach by you of these Terms, including, but not limited to, the representations, warranties, and commitments made by you herein.
13. Intellectual Property: Intellectual Property Rights Notice We strictly prohibit activities that infringe copyright, trademark rights, or other intellectual property rights on the Platform, and we will remove or alter (or request you to remove or alter) Content if appropriately notified that such Content infringes on another party's intellectual property rights. Should you be a copyright or trademark holder or a representative thereof and believe that any Content in any public section of the Platform infringes upon or otherwise violates your proprietary rights, you may submit a notification in accordance with the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following written information (refer to 17 U.S.C. § 512(c)(3) for further elaboration):
A physical or electronic signature of an authorized person acting on behalf of the exclusive right holder allegedly infringed; Identification of the proprietary work claimed to have been infringed, or, if multiple proprietary works are encompassed by a single notification, a representative list of such works; Identification of the material claimed to be infringing or the subject of infringing activity, which is to be removed or access to which is to be disabled, along with information reasonably adequate to enable us to locate the material; Reasonably sufficient information to allow us to contact you, such as an address, telephone number, and email address; A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the 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 exclusive right holder allegedly infringed.
Kindly contact our designated Copyright Agent at compliance@quotegenius.com for sending notifications of alleged infringement. Please note that only DMCA notices should be sent to the Copyright Agent; any other feedback, comments, requests for technical support, or other
communications should be directed to our customer service through the Platform's Contact Us section. You acknowledge and agree that failure to adhere to all the requirements listed above may render your DMCA notice invalid.
14. Trademarks:
Trademarks Our emblem and other designations for our products and services are our trademarks (the "Marks"). You undertake not to exhibit, reproduce, or otherwise utilize such Marks in any manner without our prior written consent.
15. Governing Law and Jurisdiction:
QuoteGenius is incorporated in Delaware, and this agreement is subject to the laws of the State of Delaware, United States of America, excluding its conflict of law principles. Except for Section 2 (Dispute Resolution By Binding Arbitration), you unequivocally agree that exclusive jurisdiction and venue for any legal disputes lie in Delaware. You agree not to initiate legal proceedings against us in any other jurisdiction. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Notwithstanding Section 2, if any court of competent jurisdiction deems any provision of these Terms, or portion thereof, unenforceable, such provision shall be enforced to the maximum extent permitted to fulfill the intent of these Terms, while the remainder of these Terms shall remain in full force and effect.
16. Independent Relationship:
The interaction between the Company and each User and Provider is that of independent entities. These Terms or your use of the Platform do not create or imply any agency, joint venture, partnership, employer-employee, or franchisor-franchisee relationships.
17. Notifications:
Unless stated otherwise, any communications from you to us should be sent via email to legal@quotegenius.com, with a copy of such communication sent by certified postal mail, return receipt requested, to: Legal Department, QuoteGenius, Inc., 210 Broadway, Suite 302, Cambridge, MA 02139. When we need to notify you, we will use the email address you provided. Notification shall be deemed effective upon receipt or 24 hours after sending the email, unless the sender is informed that the email address is invalid. Alternatively, we may send you notice by certified mail, postage prepaid and return receipt requested, to the address you last provided to us. In such cases, notice shall be considered given three days after mailing.
18. Revisions:
We retain the right to modify, alter, supplement, or remove any part of these Terms, in whole or in part, at any time. Notice of such alterations will be posted on the Platform and shall be effective immediately. Your continued use of the Platform following any changes to these Terms constitutes acceptance of those changes. These Terms may only be amended in writing by both parties. No delay or failure by either party to enforce any right or remedy under these Terms shall be deemed a waiver thereof. No waiver shall be valid unless in writing, signed by the party to be charged, and then only to the extent specified therein. These Terms (including, but not limited to, the E-Sign Consent, binding arbitration) and the Privacy Policy constitute the entire agreement between us and Users regarding the subject matter herein.
19. Third-Party Links:
The Platform may contain links to other websites. We are not responsible for the availability of such external sites or resources and do not endorse or assume responsibility for any content, advertisements, products, or other materials available from such sites or resources. We shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available.
20. Partial Invalidity:
Should any section or sections of these Terms be deemed invalid or unenforceable, such invalidity or unenforceability shall not impede the validity or enforceability of the remaining provisions.
21. Recognition:
You admit that you have perused and comprehended these Terms, and acknowledge that these Terms carry the same weight and significance as a signed agreement. These Terms shall grant no privileges to any other entity apart from the parties involved herein.
22. E-Sign Consent:
Under this E-Sign Consent, the following definitions shall apply: (i) "You" and "your" pertain to you, the User; (ii) "We," "us," and "our" refer to the operator of the Site and its affiliated entities (inclusive of, but not limited to, QuoteGenius, Inc.), agents, successors, and assigns. By selecting the "I agree" option, which you adopt as your electronic signature, you provide consent and agreement to the following:
We reserve the right to furnish you with disclosures mandated by law, along with other pertinent information regarding your legal rights and obligations, through electronic means. Your electronic signature on agreements and documents holds the same legal effect as if physically signed. We reserve the right to dispatch all communications and disclosures, including, but not restricted to, this E-Sign Consent, the consent for telephone and email contacts, and the Privacy Policy and Terms of Use (collectively defined as "Disclosures") to you electronically: (1) via email; (2) by granting access to a designated website stipulated in an email notification we transmit to you when the information becomes available; or (3) subject to legal permissibility, by providing access to a generally designated website for such purposes in advance. Should you desire a paper copy, you have the option to print or download the Disclosures for your records. This consent extends to: (1) your utilization of products and services provided by us; (2) all subsequent Disclosures associated with us; and (3) all future transactions with us, at any given time, and to other Disclosures that we furnish to you via email, unless you have, prior to such transaction, revoked your consent following the outlined procedure below. You understand that to access and retain the electronic Disclosures, you will require the following:
A computer with an active Internet connection. A contemporary web browser incorporating 128-bit encryption. The recommended minimum browser standards encompass Microsoft Internet Explorer version 8.0 and above (visit www.microsoft.com/ie for the latest version), current version of Mozilla Firefox (visit www.mozilla.com for the latest version), current version of Apple Safari (visit www.apple.com/safari for the latest version), or current version of Opera (visit www.opera.com for the latest version). The browser must have cookies enabled. A valid email address. Adequate storage space to preserve past Disclosures and/or a functional printer for printing purposes. If you utilize a spam filter that obstructs or redirects emails from senders not listed in your email address book, you must include @quotegenius.com to your email address book. You acknowledge that you may request paper copies of the Disclosures, and we will furnish them to you via mail at no cost. You can request paper copies and/or retract consent by contacting us at: QuoteGenius, Inc. 357 S. McCaslin Blvd Ste. 200, Louisville, CO 80027 United States. Any withdrawal of your consent to receive electronic Disclosures shall be effective only after a reasonable processing period. You understand and agree that if you withdraw your consent to receive electronic Disclosures, we may—although we are not obliged to—terminate your account.
At any point, you may update the email address to which we send alerts regarding the availability of Disclosures. You can modify your email address by contacting us at: info@QuoteGenius.Ai
By granting consent, you affirm that electronic Disclosures hold the same meaning and effect as if we supplied paper Disclosures to you. When we dispatch an email or other electronic notification informing you of electronically available Disclosures and indeed make them accessible online, this shall hold the same meaning and effect as if we provided paper Disclosures to you, irrespective of whether you opt to peruse the Disclosures, unless you had previously revoked your consent to receive Disclosures electronically. You understand and agree that Disclosures are considered received by you within 24 hours of being posted on our website or within 24 hours of being emailed to you unless we receive notification that the email address is invalid.
You understand and agree that we reserve the right to discontinue this electronic Disclosure service, modify the terms of use of this service, or dispatch Disclosures in paper format at any juncture.
You understand and agree that we are responsible for dispatching notice of the Disclosures to you electronically, including to the email address you have provided, but we bear no responsibility for any delay or failure in your receipt of the email notifications.
Contact QuoteGenius Should you have any queries regarding any of these Terms, please contact us at: info@QuoteGenius.Ai