2.2 WEBSITE TERMS AND CONDITIONS
HomeServiceWorld IS A PRODUCT AND/OR SERVICE MATCHING SERVICE, MATCHING CONSUMERS WITH PERSONS OR COMPANIES THAT OFFER PRODUCTS AND/OR SERVICES OF INTEREST TO THE CONSUMER. HomeServiceWorld IS NOT A LICENSED BROKER, CARRIER OR DIRECT PROVIDER OF INSURANCE PRODUCTS OR SERVICES. IN ORDER TO PERFORM THE MATCHING SERVICES AND ENABLE YOU TO SECURE A QUOTE FROM A PROVIDER, HomeServiceWorld MAY REQUIRE YOU TO SUBMIT HEALTH INFORMATION. YOUR RESPONSES AND THE INFORMATION YOU CHOOSE TO SUBMIT IN ORDER TO OBTAIN A QUOTE WILL HELP US IMPROVE THE ACCURACY OF YOUR QUOTE RESULTS. INFORMATION YOU CHOOSE TO PROVIDE TO US WILL BE COLLECTED, STORED, AND TRANSMITTED ONLY TO OUR PARTNERS AND SOLELY FOR THE PURPOSE OF MATCHING YOU WITH THIRD PARTY PROVIDERS WHO CAN PROVIDE YOU WITH QUOTES.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and HomeServiceWorld with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. We do not knowingly collect information from individuals under eighteen (18) years of age. No information should be submitted to, or posted at, the Site by individuals under eighteen (18) years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that HomeServiceWorld is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, Insurance Services or other Third Party Service Provider sponsored products and/or services, or for any dispute between you and any Third Party Service Providers. You understand and agree that HomeServiceWorld shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any Third Party Service Providers. If HomeServiceWorld terminates the Agreement for any reason, HomeServiceWorld shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with HomeServiceWorld. The Agreement only governs your use of the Site.
4. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. HomeServiceWorld may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. HomeServiceWorld reserves any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from HomeServiceWorld is prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on HomeServiceWorld infrastructure. Your right to use the Site is not transferable.
5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to the Site or any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by HomeServiceWorld does not constitute a waiver of any right in such information and/or materials.
6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
7. Indemnification. You agree to indemnify and hold HomeServiceWorld, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Insurance Services; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Service Provider; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 7 are for the benefit of HomeServiceWorld, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
8. Disclaimer of Warranties. THE SITE, INSURANCE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HomeServiceWorld MAKES NO WARRANTY THAT: (A) THE SITE, INSURANCE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, INSURANCE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR INSURANCE SERVICES FROM OUR THIRD PARTY SERVICE PROVIDERS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INSURANCE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE, INSURANCE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HomeServiceWorld, ITS THIRD PARTY SERVICE PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HomeServiceWorld SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF HomeServiceWorld HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE), ARISING FROM OR RELATED TO: (A) THE USE OR THE INABILITY TO USE THE SITE, INSURANCE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR INSURANCE SERVICES FROM OUR THIRD PARTY SERVICE PROVIDERS; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, INSURANCE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE HomeServiceWorld AND ITS THIRD PARTY SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF HomeServiceWorld TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HomeServiceWorld. THE SITE, INSURANCE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
10. Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, the websites of Third Party Service Providers. Because HomeServiceWorld has no control over such third party websites and/or resources, you hereby acknowledge and agree that HomeServiceWorld is not responsible for the availability of such third party websites and/or resources. Furthermore, HomeServiceWorld does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom. The Site may contain links to other third-party owned and/or operated websites and, where you request information from Third Party Providers, HomeServiceWorld may transfer you directly to the websites of such Third Party Providers. HomeServiceWorld is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and HomeServiceWorld has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such website. These third party entities are independent third parties and are not affiliated with us.
12. Legal Warning. Any attempt by any individual, whether or not a HomeServiceWorld customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and HomeServiceWorld will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, 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 an outcome in arbitration. 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 HomeServiceWorld and its employees, officers, directors, members, 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 attorney's fees and court costs that HomeServiceWorld incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) 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; and (b) is an independent agreement.
14. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or any HomeServiceWorld offering is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
17. Contact Us. If you have any questions regarding the Agreement, would like more information from HomeServiceWorld, wish to unsubscribe from emails from HomeServiceWorld or revoke any prior express written consent you may have given in order to be contacted for purposes of receiving an insurance quote, you may contact HomeServiceWorld by any of the following means: (1) in writing to 8345 Northwest 66 Street Suite 8577, Miami, FL 33166; (2) by email to info@QuoteWhiz.com; (3) by text message (“STOP”) sent to (888) 907-2427; (4) by facsimile to (866) 571-9618; (5) by phone call to our toll-free phone number, (888) 907-2427; or (6) orally, during the course of any call with HomeServiceWorld. Without limiting any of the foregoing, you can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. We will consider all reasonable requests, and must say “yes” if you tell us you would be in danger if we do not.