|
The
Secure A Quote, LLC Service Agreement is a legal document that
details your rights and obligations as a Secure A Quote, LLC
Member. The Secure A Quote, LLC Web Site and related services are
offered to you conditioned upon your acceptance without
modification of these Terms of Service. The Terms of Service
provide very important information about your Secure A Quote, LLC
membership, so you should take the time to read and
understand them. From time to time, it may be necessary for
Secure A Quote, LLC to update or revise certain provisions of the
Terms of this Service Agreement. By joining Secure A Quote, LLC
and accepting the this Service Agreement, you agree that Secure A Quote, LLC
may change the terms of this Service Agreement
in its sole discretion without specific notice to you. If
you don't agree to the changes proposed by Secure A Quote, LLC,
or to any terms in this Service Agreement, your only remedy
is to cancel your Secure A Quote, LLC membership.
1.
Description of Service
Secure A Quote, LLC
operates this Web site and associated web pages,
which, for purposes of these Terms of this Service
Agreement, will be referred to as the Secure A Quote, LLC Web
Site. Secure A Quote, LLC offers you access to the Secure A Quote, LLC
Web Sites, which provides you access to a collection of
on-line resources, including Web site hosting services (the
Service). Secure A Quote, LLC offers you access to the Secure A Quote,
LLC Web Site in exchange for your payment of the fees and
your agreement to accept and comply with the terms,
conditions, and notices stated here and as may be modified
by Secure A Quote, LLC from time-to-time in its sole discretion
without notice to you. Notwithstanding the foregoing, Secure A Quote, LLC
reserves the right to reject any Member
registration for any reason. Unless explicitly stated
otherwise, any new features or products that change, augment
or enhance the current Service shall be subject to this
Service Agreement.
2.
General Use of the Secure A Quote, LLC Web Site
You
promise that you will not use Secure A Quote, LLC, in whole or in
part, for any purpose that is unlawful or prohibited by this
Service Agreement. You agree that you will not modify, copy,
distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, frame in another web
page, use on any other Web site, transfer, or sell any
information, software, lists of users, databases or other
lists, products or services provided through or obtained
from the Secure A Quote, LLC Web Site other than for use in
creating the Member Web Site in accordance with this Service
Agreement. This means, among other activities, that you
agree not to engage in the practices of screen scraping,
database scraping, or any other activity with the purpose of
obtaining lists of users or other information. You agree
that you will not use the Service in any manner that could
damage, disable, overburden, or impair the Secure A Quote, LLC
Web Site or interfere with any other p! arty's use and
enjoyment of the Secure A Quote, LLC Web Site. You may not obtain
or attempt to obtain any materials or information through
any means not intentionally made available or provided for
through the Secure A Quote, LLC Web Site. Except with the written
permission of Secure A Quote, LLC, you agree that you will not
access or attempt to access password protected, secure or
non-public areas of the Secure A Quote, LLC Web Site.
Unauthorized individuals attempting to access prohibited
areas of the Secure A Quote, LLC Web Site may be subject to
prosecution.
3.
Charges and Billing
You
hereby authorize Secure A Quote, LLC to charge your credit card
in advance for all fees incurred by you in connection with
your Secure A Quote, LLC account and the service you have chosen.
In most cases, we will be charging your designated credit
card or checking account every month, but some charges may
accumulate on your account before they are charged to your
card. It is your responsibility to notify Secure A Quote, LLC if
your credit card has expired and to make changes or your
service may be disconnected or interrupted. All fees shall
be paid in U.S. dollars.
Secure A Quote, LLC
reserves the right to change our fees or billing
methods at any time, provided, however, that such
modifications shall not take effect earlier than thirty (30)
days after Secure A Quote, LLC posts such modification on the Secure A Quote, LLC Web Site. Secure A Quote, LLC also has the right to
collect applicable taxes and impose premium surcharges for
some areas of the service and these surcharges may apply
immediately after you register for the Service. Excluding
any third party agreements including but not limited to
Lease agreements, Merchant fees etc. You may cancel your
membership 6 months after your first billing date, but Secure A Quote, LLC will not refund any remaining portion of your
pre-paid fees when you cancel your membership or you will be
charged the remaining months of your contract. Secure A Quote,
LLC will, however, continue to provide the Service to you
for the duration of any pre-paid period or remainder of the
6-month non-cancelable contract! .
We
expect you to pay your account balance on time. Amounts not
paid by you to Secure A Quote, LLC when due will be assessed an
additional 1.5% (or the highest amount allowed by law,
whichever is lower) per month if your payment is more than
thirty (30) days past due. That amount is also due
immediately. You are responsible and liable for any fees,
including attorney and collection fees, that Secure A Quote, LLC
may incur in its efforts to collect any remaining balances
from you. You also agree that you will be billed for and
will pay any outstanding balances if you cancel your
membership or are terminated. You should let Secure A Quote, LLC
know about any billing problems or discrepancies within
thirty (30) days after they first appear on your account
statement. If you do not bring them to Secure A Quote, LLC
attention within thirty (30) days, you agree that you waive
your right to dispute such problems or discrepancies.
4.
Registration / Privacy Policy
In
order for you to participate in the Service, Secure A Quote, LLC
will require that you provide specific information about
yourself and/or your business. If you choose to participate
and build your own Web site (Member Web Site), you agree to
provide true, accurate and complete information and to
refrain from impersonating or falsely representing your
affiliation with any person or entity (such information
being Member Data). Member Data and certain other
information about you and/or your business are subject to
our Privacy Policy. You agree and acknowledge that Member
Data from the registration process is used to send you
information about Secure A Quote, LLC and the Service, including,
but not limited to, the use of your email address for
newsletters and other necessary company communication.
Although
privacy issues are very important to us, given the current
regulatory and technical environment you should not have an
expectation of privacy in your Member Web Site or any
content or Member Data associated with it. By way of example
(without limiting the foregoing), we may be forced to
disclose information to the government or third parties
under certain circumstances, or third parties may unlawfully
intercept your private communications. We cannot ensure that
all private communications or information associated with
your Member Web Site will remain private. For more
information, Secure A Quote, LLC urges you to review the Secure A Quote, LLC Privacy Policy that is part of this Agreement.
5.
Storage and Usage
You
acknowledge that Secure A Quote, LLC may, from time to time,
establish general practices and limits concerning the use of
the Service, including without limitation, (i) the maximum
number of days that email messages, guest book entries,
discussion board postings or other content posted on your
Web Site will be retained by Secure A Quote, LLC and (ii) the
maximum limits on bandwidth usage that will be allotted to
you. You agree that Secure A Quote, LLC has no responsibility or
liability for the deletion or failure to store any content
maintained or transmitted by the Service. You further
acknowledge and agree that Secure A Quote, LLC reserves the right
to change these general practices and limits at any time, in
its sole discretion, with or without notice.
6.
Content Submitted to Secure A Quote, LLC
The
Secure A Quote, LLC Professional Web Site includes a number of
venues such as Member Web Sites and web pages, discussion
boards and/or other message or communication facilities
designed to enable you to disseminate and exchange thoughts
and opinions to and with other members of the public. Since
Secure A Quote, LLC firmly believes in the value of free and open
dissemination and exchanges, it is under no obligation to
monitor, pre-screen, or otherwise censor your thoughts and
opinions. Therefore, Secure A Quote, LLC cannot be responsible
for the appropriateness, accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of such thoughts and
opinions. Always use caution when posting any personally
identifying information about you or your employees on the
Secure A Quote, LLC Web Site or any Member Web Sites.
7.
Member Conduct
The
Service is provided to assist you with the operation of your
business. Your right to use the Service is personal to you,
your company and its employees. You, and not Secure A Quote, LLC,
are entirely responsible for all information, data, text,
software, music, sound, photographs, graphics, video,
messages or other materials (Member Content) posted via the
Service. Secure A Quote, LLC does not control the Member Content
posted via the Service and as such, does not guarantee the
accuracy, integrity or quality of such content. Secure A Quote,
LLC reserves the right, but is not obligated to review the
Member Content posted via the Service and to refuse or
remove any such materials in its sole discretion, without
notice at any time. Secure A Quote, LLC also reserves the right
to disclose any information or materials as necessary to
satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or remove
any information or materials, in wh! ole or in part, from
the Member Content in Secure A Quote, LLC sole discretion. With
respect to the content on your Secure A Quote, LLC website you
agree not to:
a.
post, upload or otherwise transmit any content which is
misleading to others or impersonate any person or entity or
falsely state or otherwise misrepresent your affiliation
with a person or entity to others, including, but not
limited to, consumers;
b.
post, upload or otherwise transmit any content that is
inappropriate, harmful to minors, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, sexually
explicit, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
c.
post, upload or otherwise transmit any content that you do
not have a right to post and transmit under any law or under
contractual or fiduciary relationships (such as information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
d.
post, upload or otherwise transmit any content, such that
such posting, uploading, or transmission constitutes the
infringement of any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
e.
post, upload or otherwise transmit any materials that
contain software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment and/or attempt to access the
accounts of others, or attempt to penetrate security
measures of Secure A Quote, LLC, its vendors or suppliers or
other entities' systems (hacking), whether or not the
intrusion results in corruption or loss of data
f.
post, upload or otherwise transmit any materials that impose
an unreasonable or disproportionately large load on our
infrastructure that exceed the limits provided by your
membership;
g.
post, upload or transmit any unsolicited or unauthorized
advertising, promotional materials, spam, chain letters,
pyramid schemes, or any other form of solicitation;
h.
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to
the Service;
i.
intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S.
Securities Exchange Commission, any rules of national or
other securities exchange, including without limitation, the
New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
j.
forge any headers or other manipulation of identifiers in
order to disguise the origin of any content transmitted
through the service;
k.
promote or provide instructional information about illegal
activities, promote physical harm or injury against any
group or individual, or promote any act of cruelty to
animals;
l.
resell, rent, license, lend, transfer or otherwise grant
access to Secure A Quote, LLC Professional to any other person or
exploit for any commercial purpose Secure A Quote, LLC services
by any and all means.
m.
sell, distribute, disseminate or link to any sites for
marketing, sales, distribution of: firearms, explosives,
ammunition, liquor, and tobacco products that (i) you cannot
legally sell, (ii) are misrepresented, and/or (iii) if sold
via your Member Web Site could cause Secure A Quote, LLC to
violate any law, statute or regulation.
8.
Third Party Content
For
your convenience, the Secure A Quote, LLC Web Site contains
content and information from third party providers and/or
links to their Web sites (Third Party Content). Such content
is not under the control of Secure A Quote, LLC and Secure A Quote,
LLC is not responsible for such content, including, without
limitation, any link contained in such content, or any
changes or updates to such content. Secure A Quote, LLC does not
pre-screen contain available on the Secure A Quote, LLC Service
and does not assume any responsibility or liability for the
content provided by others. Secure A Quote, LLC is providing such
Third Party Content to you only as a convenience, and the
inclusion of such content does not imply endorsement by
Secure A Quote, LLC of such content or the affiliate. You may be
subject to additional and/or different terms, conditions,
and privacy policies when you use third party services,
content, software, or sites. Secure A Quote, LLC does reserve the
right to remove c! ontent that, in Secure A Quote, LLC judgment,
does not meet its standards, but Secure A Quote, LLC is not
responsible for any failure or delay in removing such
material.
OC
Secure A Quote, LLC is not and will not be responsible for (i) the
terms and conditions of any transaction between you and any
third party, (ii) any insufficiency of or problems with any
such third party's background, insurance, credit or
licensing, or (iii) the quality of services performed by any
such third party or any other legal liability arising out of
or related to the performance of such services. In the event
that you have a dispute with any such third party, you
release Secure A Quote, LLC (and its affiliates, suppliers,
agents and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with
such disputes.
9.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
A.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR
SUPPLIERS PROVIDE OUR SERVICE, THE Secure A Quote, LLC
PROFESSIONAL WEB SITE AND YOUR MEMBER WEB SITE AS IS AND
WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE
AND NON-INFRINGEMENT.
B.
Secure A Quote, LLC AND OUR SUPPLIERS MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND
(iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS.
C.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE, THE Secure A Quote, LLC WEB SITE OR MEMBER
WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
10.
LIMITATION OF LIABILITY
IN
NO EVENT SHALL Secure A Quote, LLC AND/OR OUR SUPPLIERS BE LIABLE
FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS
(HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Secure A Quote,
LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
(A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND REALTED
GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING
OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER
RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE
LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT
APPLY TO YOU IN NO EVENT SHALL Secure A Quote, LLC BE LIABLE TO
MEMBER OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER
THAN TH! E AMOUNT MEMBER ACTUALLY PAYS TO Secure A Quote, LLC
UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING
THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither Secure A Quote, LLC nor
its suppliers is responsible for any of your data residing
on Secure A Quote, LLC or its suppliers' hardware. You are
responsible for backing-up your data and information that
may reside on the Secure A Quote, LLC or its suppliers' hardware,
whether or not such information is produced through the use
of Secure A Quote, LLC. It is your responsibility to take the
necessary steps to ensure your primary means of business is
maintained.
11.
Proprietary Rights
Secure A Quote, LLC does not claim ownership of the Content you
provide to Secure A Quote, LLC or place on your Web Site.
However, you grant Secure A Quote, LLC a worldwide, royalty-free,
non-exclusive license to (i) host, use, reproduce, modify,
distribute, transmit, combine with information provided by
third parties, and publicly display the Member Content on
and through the Secure A Quote, LLC Web Site and in Secure A Quote,
LLC promotional or advertising materials only for the
limited purpose of promoting the Service, and (ii)
sublicense to third parties such Member Content to the
extent necessary for the creation and maintenance of, in
part or in whole, such Web sites. No compensation will be
paid or due you with respect to Secure A Quote, LLC or its sub
licensee use of the materials as licensed above. By posting
messages, uploading files, inputting data, submitting any
feedback or suggestions, or engaging in any other form of
communication with or through any Member Website,! you
warrant and represent that you own or otherwise control the
rights necessary to do so and to grant Secure A Quote, LLC the
license set forth above, and you will defend and indemnify
Secure A Quote, LLC and its suppliers from any third party claim
related to a breach of any of the foregoing representations
and warranties.
12.
Secure A Quote, LLC Software Licenses
Secure A Quote, LLC provides you with a non-exclusive,
non-transferable, limited license to use Secure A Quote, LLC
software, which you agree to use in accordance with this
Service Agreement. You may not sub-license, or charge others
to use or access, our software without first obtaining
written permission from us. All software is owned by
Secure A Quote, LLC and/or its suppliers and is protected to the
maximum extent permitted by copyright laws and international
treaty provisions. Any reproduction, modification or
redistribution of the software is expressly prohibited, and
may result in severe civil and criminal penalties.
Secure A Quote, LLC software, its structure, sequence and
organization and source code are considered trade secrets of
Secure A Quote, LLC and its suppliers and are protected by trade
secret laws. WITHOUT LIMITED THE FOREGOING, COPYING OR
REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPORDUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED! . YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE
ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE
CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
13.
Indemnification
You
agree to indemnify and hold Secure A Quote, LLC and its
suppliers, affiliates, partners, subsidiaries, employees
harmless from any and all claims and demands, losses,
liability costs and expenses (including, but not limited to,
reasonable attorneys' fees), made by any third party due to
or arising out of (i) your violation of these Terms of
Service; and (ii) any information, included but not limited
to Member Data, and your publicly posted information,
submitted, posted, or otherwise provided by you to your
Member Web Site and/or Secure A Quote, LLC and/or its affiliates.
These obligations will survive any termination of your
relationship with Secure A Quote, LLC or your use of the
Secure A Quote, LLC Professional Web Site. To the fullest extent
permitted by law, the foregoing indemnity will apply
regardless of any fault, negligence, or breach of warranty
or contract of Secure A Quote, LLC and/or its suppliers,
affiliates, partners, subsidiaries and employees.
14.
Copyright and Trademark Notices
All
materials on the Secure A Quote, LLC Web Site (as well as the
organization and layout of the Secure A Quote, LLC Web Site) are
owned and copyrighted or licensed by Secure A Quote, LLC, its
affiliates or its suppliers. All rights reserved. No
reproduction, distribution, or transmission of the
copyrighted materials at the Secure A Quote, LLC Professional Web
Site is permitted without the written permission of
Secure A Quote, LLC. Any rights not expressly granted herein are
reserved.
Secure A Quote, LLC System Suite, Secure A Quote, LLC, Secure A Quote, LLC ,
the Secure A Quote, LLC logo, Secure A Quote, LLC Online, Secure A Quote,
LLC Express, Secure A Quote, LLC Publisher, Secure A Quote, LLC
Storebuilder, and other Secure A Quote, LLC logos and product and
service names are trademarks of Secure A Quote, LLC, LLC. (the
Secure A Quote, LLC Marks). Without Secure A Quote, LLC prior permission,
you agree not to display or use in any manner, the
Secure A Quote, LLC Marks.
15.
Notification of Claims of Copyright Infringement
Any
notifications of claimed copyright infringement should be
sent to Secure A Quote, LLC Registered Agent. Please see
Secure A Quote, LLC contact information on the Secure A Quote, LLC
website.
16.
Modification
Secure A Quote, LLC reserves the right at anytime and from time to
time to modify, discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You
agree that Secure A Quote, LLC shall not be liable to you or to
any third party for any modification, suspension or
discontinuance of the Service. You further agree that
Secure A Quote, LLC shall have the right to remove Elements from
your Member Web Site, with or without notice to you, at any
time at our sole discretion, if we discontinue offering the
Element for any reason.
17.
Termination and Cancellation
Either
you or Secure A Quote, LLC may terminate or cancel your
membership at any time. You understand and agree that the
cancellation of your account is your sole right and remedy
with respect to any dispute with Secure A Quote, LLC. This
includes, but is not limited to, any dispute related to, or
arising out of: (1) any term of this Service Agreement or
Secure A Quote, LLC enforcement or application of any such term; (2)
any policy or practice of Secure A Quote, LLC, including
Secure A Quote, LLC Privacy Policy and Copyright Policy, or
Secure A Quote, LLC enforcement or application of these policies;
(3) the content available through Secure A Quote, LLC or any
change in content provided through Secure A Quote, LLC; (4) your
ability to access or use the Secure A Quote, LLC Professional Web
Site or your Secure A Quote, LLC Web Site; or (5) the amount or
type of fees, surcharges, applicable taxes, billing methods,
or any change to the fees, applicable taxes, surcharges or
billing methods. All! other provisions of this Agreement
which may reasonably be construed as surviving such
termination will survive the termination of this agreement.
Either
you or Secure A Quote, LLC may terminate or cancel your
membership at any time. You understand and agree that the
cancellation of your account is your sole right and remedy
with respect to any dispute with Secure A Quote, LLC. This
includes, but is not limited to, any dispute related to, or
arising out of: (1) any term of this Service Agreement or
Secure A Quote, LLC enforcement or application of any such term; (2)
any policy or practice of Secure A Quote, LLC, including
Secure A Quote, LLC Privacy Policy and Copyright Policy, or
Secure A Quote, LLC enforcement or application of these policies;
(3) the content available through Secure A Quote, LLC or any
change in content provided through Secure A Quote, LLC; (4) your
ability to access or use the Secure A Quote, LLC Professional Web
Site or your Secure A Quote, LLC Web Site; or (5) the amount or
type of fees, surcharges, applicable taxes, billing methods,
or any change to the fees, applicable taxes, surcharges or
billing methods. All! other provisions of this Agreement
which may reasonably be construed as surviving such
termination will survive the termination of this agreement.
18.
General Information
This
Service Agreement shall be governed in all respects by the
laws of the State of Delaware, U.S.A. as such laws are
applied to agreements entered into and to be performed
entirely within Delaware between Delaware residents. Both
parties submit to exclusive jurisdiction and venue in the
courts located in Orange County, Delaware and further agree
that any cause of action arising under this Service
Agreement shall be brought in a court in Orange County,
Delaware. If any provision of these Terms of Service is held
to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. Our
failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent
or similar breaches. You may not assign or transfer this
Service Agreement or your rights in your Web Site, and any
attempt to the contrary is void. This Service Agreement sets
forth the entire understanding and agreement between us with
r! espect to the subject matter hereof. The section titles
in the Service Agreement are for convenience only and have
no legal or contractual effect. Each party is an independent
contractor and not an agent or representative of any other
party. No party shall have any right or authority to create
any obligation or make any representation or warranty in the
name or on behalf of any other party. This Agreement shall
not be interpreted or construed to create an association,
joint venture or partnership between the parties or to
impose any partnership obligation or liability upon any
party. A printed version of this Agreement 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.
19.
Information for Delaware Residents
Under
Delaware Civil Code Section 1789.3, Delaware Members are
entitled to the following specific consumer rights
information:
Pricing
Information - Current rates for using Secure A Quote, LLC
Professional may be obtained by going to the pricing
schedule on the Secure A Quote, LLC corporate Web Site.
Secure A Quote, LLC reserves the right to change any fees,
surcharges, and monthly membership fees or to institute new
fees at any time.
a.
Complaints - The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer
Affairs.
20.
Violations
Please
report any violations of these Terms of Service to our
support@secureaquote.com
21.
Independent Review
YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL
RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS
AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF
THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE
TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER
THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
The
following is a list of additional Terms of Service
information for some specific Secure A Quote, LLC products and
services. These additional Terms of Service are in addition
to the above information.
22.
Email - Acceptable Use Definitions
i.
Member refers to the business entity that has contracted
with Secure A Quote, LLC for e-mail services. Each Member may
have multiple domain accounts and each domain account may
have one or more End User.
ii.
End User refers to the person, persons, or entity using a
specific account (designated by a unique e-mail address)
within a domain controlled by the Member and operated by
Secure A Quote, LLC.
a.
Unsolicited Bulk E-mail
Any
member who sends unsolicited advertisements or
solicitations, commercial or otherwise, may have their
account disabled and be disallowed further service. The
Member is responsible for ensuring that the email services
obtained from Secure A Quote, LLC are used in an appropriate
manner by their End Users. Therefore, the Member must take
steps to manage the use of the services obtained in such a
way that network abuse is minimized. The Member must also
make contact information publicly available, and must
respond in a timely manner to any complaints. Secure A Quote, LLC
shall consider any complaints regarding the Member's End
Users to apply to the Member. In extreme cases, Secure A Quote,
LLC operations personnel have the option to immediately
disable any account in order to forestall further abuse or
damage to e-mail systems. Should this occur, the Member
shall be notified as soon as possible.
Unsolicited
advertisements or solicitations sent from other networks
which reference e-mail accounts hosted at Secure A Quote, LLC
shall be treated as if they originated from the account
referenced, unless there is sufficient reason given for
Secure A Quote, LLC operations staff to believe that the message
truly originated with some unrelated party
b.
Filtering of Incoming E-mail
As
owner of the equipment and other resources utilized to
provide services, Secure A Quote, LLC has the legal right to
block electronic communications from other entities on the
Internet. Members should be aware that such blocking or
filtering might take place if deemed necessary by designated
members of the Secure A Quote, LLC operations staff (or a third
party chosen by Secure A Quote, LLC and made known to the
Member.) Whenever possible, the party being blocked shall be
made aware of such action before it occurs.
c.
Illegal Activities
Email
services offered may only be used for lawful purposes.
Transmission, distribution, or storage of any information,
data or material in violation of United States or of state
regulation or law, or by the common law, is prohibited. This
includes, but is not limited to, material protected by
copyright, trademark, trade secret, or any other statute.
Secure A Quote, LLC reserves the right to cooperate with law
enforcement and other legal authorities in investigating
claims of illegal activity. Secure A Quote, LLC and its suppliers
will not release any information regarding our Members
(excepting that which is public knowledge. The Member agrees
that Secure A Quote, LLC judgment as to the validity of any such
order shall be considered proper and final.
d.
Right to Damages
Nothing
contained in this Section 24 shall be construed to limit
action Secure A Quote, LLC may take or remedies available to us
in any way with respect to any of the described conduct.
Secure A Quote, LLC reserves the right to take any additional
actions we may consider appropriate with respect to such
conduct, including without limitation taking action to
recover costs and expenses of identifying offenders and
removing them from our network or systems, and levying
cancellation charges to cover costs in the event of
disconnection for the causes outlined in this Policy
document. In addition, Secure A Quote, LLC reserves at all times
all rights and remedies available to us with respect to such
conduct at law or in equity. Non-enforcement of any policy
or rule herein does not constitute consent or waiver, and
Secure A Quote, LLC reserves the right to enforce such policy or
rule at its sole discretion.
|