Thank you for your interest in receiving an insurance quote through this website ("Site"), which is provided by IBQ Systems, LLC ("IBQ"). Use of the Site and of any services provided through it ("Webrate Services," as further described below) is subject to the terms of this Webrate Usage Agreement ("Agreement"). THIS AGREEMENT IS A BINDING CONTRACT BETWEEN THE PERSON USING THE SITE ("You" or "Your") AND IBQ AND IT LIMITS YOUR LEGAL RIGHTS. BEFORE USING THE SITE OR ANY WEBRATE SERVICES, READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY ITS TERMS, YOU MUST DISCONTINUE USING AND ACCESSING THE SITE AND ANY WEBRATE SERVICES IMMEDIATELY. IBQ PROVIDES THE SITE AND ANY WEBRATE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE OF THIS AGREEMENT, IN ITS ENTIRETY, WITHOUT MODIFICATION. BY CLICKING ON THE BUTTON LABELED "I ACCEPT THE TERMS OF THE WEBRATE USAGE AGREEMENT" (OR BY ACCESSING OR USING THE SITE OR WEBRATE SERVICES), YOU MANIFEST YOUR ASSENT TO THIS AGREEMENT.
1. Webrate Services.
1.1. The Site. The Site is a passive conduit to facilitate the exchange of Your personal information between and among You, the insurance agency named above ("Agent"), and one or more insurance companies represented by the Agent ("Insurers") for the purpose of obtaining quotes for insurance coverage and other insurance-related information (collectively, "Quotes") from Insurers, the Agent, or both. Through the Site, You may solicit Quotes, which, if provided, are provided solely by Insurers, the Agent, or both. Provided that You comply with all terms and conditions of this Agreement, IBQ grants to You a limited, non-exclusive, personal, revocable right to use the Site and any Webrate Services during the term of this Agreement. IBQ may modify, suspend, or discontinue, temporarily or permanently, the Site (or any part thereof) or any Webrate Services. IBQ will not be liable to You or any third party for any such modification, suspension, or discontinuance.
1.2. IBQ's Role. IBQ is not a representative or agent of any insurance company, neither offers nor solicits insurance, does not endorse any insurance company or guarantee any aspect of any Quote (including the truth or accuracy of same), has no control over the ability or willingness of any Insurer to provide a Quote or the coverage listed in any Quote, and is neither a party to, nor involved in, any transaction between or among You and any Agent or Insurer. IBQ is merely a service provider that provides the Site and any Webrate Services. IBQ cannot and does not control the quality, accuracy, transmission, or any other aspect of any Quote or any transaction or exchange between or among You, the Agent, and any Insurers. Any Quotes are estimates only and are not insurance contracts or contracts to extend insurance coverage. IBQ HAS MADE THE SITE AVAILABLE, AND PROVIDES ANY WEBRATE SERVICES, TO YOU IN RELIANCE UPON THE EFFICACY AND ENFORCEABILITY OF, AND YOUR AGREEMENT TO, ALL TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY HEREIN, ALL OF WHICH ARE ESSENTIAL TERMS THAT GO TO THE BASIS OF THE PARTIES' BARGAIN IN ENTERING INTO THIS AGREEMENT.
1.3. Your Responsibilities. You must independently verify the accurate, complete, and correct transmission of any information provided to You by any Insurer (including any Quote or request for Quote) or of any information provided to any Insurer by You. Information provided through the Site is not a substitute for Your own judgment.
2. No Commercial Use. The Site and any Webrate Services are for Your personal and non-commercial use to obtain insurance coverage information. You may not: (a) use the Site or any Webrate Services for any commercial purpose; or (b) provide, in connection with any Webrate Services, personal information that relates to any person other than You (or your spouse or children), without such other person's permission, in writing and in advance.
3. No Unlawful or Prohibited Use. As a condition of Your use of the Site and any Webrate Services, You will not: (a) use the Site or the Webrate Services for any purpose or in any way that violates any applicable local, state, national, or international law, regulation, or statute; (b) frame any part of the Site, or link to the Site, except as may be permitted in writing by IBQ; (c) use any data mining or other data gathering or extracting methods, such as robots, spiders, scrapers, and similar methods with respect to the Site; or (d) otherwise use the Site or any Webrate Services in a way that is prohibited by this Agreement.
4. Privacy and Protection of Personal Information. To obtain Quotes, You must provide information such as Your name, address, social security number, education level, occupation, date of birth, marital status, driver's license number, driving activity, and claims history (collectively, "Personal Information"). By submitting Personal Information on this Site, You authorize IBQ: (a) to disclose and transmit such Personal Information to third parties, including the Agent, the Insurers, credit reporting agencies, and companies that provide loss history information; and (b) to store and to indefinitely retain such Personal Information until such time, if any, that You expressly and in writing request (either directly, from IBQ, or indirectly, from the Agent identified above) that such Personal Information be deleted. If You want IBQ to delete Your Personal Information from its database or server, please send an electronic mail message requesting such deletion to firstname.lastname@example.org. IBQ will not knowingly provide any Personal Information provided by You to any third party for any purpose other than to obtain Quotes for You. IBQ does not and cannot control how these third parties use such Personal Information, however, and thus IBQ cannot guarantee that such Personal Information will remain private. Moreover, IBQ may create aggregated statistics that are based, in part, upon such Personal Information, but which do not disclose such Personal Information in a manner that would identify You, and IBQ may use such aggregated statistics for any purpose or disclose them to anyone.
5. No Minors; No Duty to Provide Services. The Site and any Webrate Services is intended for use by persons who are at least 18 years old. If You are under 18 years old, You may not use the Site or any Webrate Services. IBQ does not knowingly solicit or accept Personal Information from users under 18 years of age. By using this Site or any Webrate Services, You are representing and warranting that You are at least 18 years old. IBQ may refuse service to anyone for any reason at any time.
6. Intellectual Property and Proprietary Rights. All information on and functionality of the Site (or delivered or disclosed in the context of providing the Webrate Services), including all text, graphics, software, web pages, trademarks, service marks, trade names, and logos (collectively, "Content"), and all intellectual property and other proprietary rights therein, are owned by IBQ or other entities (or its or their licensors), and are protected by laws of the United States and other nations, including such laws pertaining to intellectual property rights. You may print a reasonable number of copies of pages of this Site on which Personal Information provided by You or any Quotes are displayed, solely as needed for your personal, noncommercial use. You may not reproduce (except as stated in the previous sentence), distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent of IBQ or the third-party owner of the rights in that Content (if any). IBQ reserves all other rights in the Content, the Site, and in any Webrate Services on its own behalf, and on behalf of its licensors, and IBQ does not, directly or by implication, estoppel, or otherwise, grant any other rights or licenses to You hereunder.
7. Disclaimer of Warranties. THE SITE AND THE WEBRATE SERVICES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR DUTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OR DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT, ACCURACY, OR COMPLETENESS WITH RESPECT TO THE SITE, ITS CONTENTS, ANY WEBRATE SERVICES, OR ANY QUOTES. THE ENTIRE RISK AS TO THE QUALITY OR SUITABILITY OF THE SITE, ANY WEBRATE SERVICES, AND ANY INFORMATION DELIVERED TO YOU THROUGH THE SITE OR BY ANY WEBRATE SERVICES REMAINS WITH YOU (INCLUDING THE RISK THAT AN INSURER: (A) PROVIDING A QUOTE MAY NOT PROVIDE COVERAGE; (B) PROVIDING COVERAGE MAY BREACH ITS CONTRACTUAL OBLIGATIONS; OR (C) MAY PROVIDE FALSE OR INACCURATE INFORMATION). NUMEROUS FACTORS OUTSIDE OF IBQ'S CONTROL MAY INTERFERE WITH THE OPERATION, DELIVERY, OR AVAILABILITY OF THE SITE, ANY WEBRATE SERVICES, OR THE TRANSMISSION OF DATA. THUS, IBQ DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO THE SITE OR ANY WEBRATE SERVICES OR ACCURATE OR COMPLETE TRANSMISSION OR RECEPTION OF DATA OR PERSONAL INFORMATION, IN WHOLE OR IN PART.
8. Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IBQ OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS, DISCLOSURE, OR MISUSE OF PERSONAL INFORMATION, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE WEBRATE SERVICES OR OTHER SERVICES, OR OTHERWISE IN ANY WAY RELATED TO THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF IBQ OR ANY SUPPLIER, AND EVEN IF IBQ OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to You. This Agreement gives you specific legal rights. You may have other rights, which vary from jurisdiction to jurisdiction.
9. Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON (INCLUDING ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR OTHERWISE), THE ENTIRE, AGGREGATE LIABILITY OF IBQ AND ANY OF ITS SUPPLIERS UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY HEREUNDER, IS LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SITE AND ANY WEBRATE SERVICES UP TO US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING THOSE IN 7 AND 8 AND IN THIS 9) WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnity. You will indemnify and, on request, defend IBQ and its affiliates, licensees, directors, officers, and agents from all expenses (e.g., judgments, settlements, and attorneys' fees) related to any third-party claim that: (a) if true as alleged reflects Your breach of this Agreement; or (b) otherwise relates to Your use or misuse of the Site or any Webrate Services. IBQ may, at its own expense and with separate counsel, monitor or participate in the defense. You will not settle any such claim or publicize any such settlement without IBQ's consent.
11. Links to Third Party Websites. IBQ may provide hypertext links or other directions or contact information to other websites ("Linked Sites") that are not under IBQ's control. IBQ is not responsible for the contents of any Linked Site, any link contained in a Linked Site, or any changes or updates to any Linked Sites, and IBQ makes no warranties or representations regarding, and will not be liable for any damages resulting from, the contents, products, or services offered on any Linked Sites. IBQ provides any such links, directions, or contact information to You only as a convenience, and any such provision does not imply endorsement by IBQ of any associated Linked Sites. If You elect to access any such third party Linked Sites, You do so solely at Your own risk.
12. Termination. The term of this Agreement begins on the earliest date that You have assented to its terms ("Effective Date"), as provided in the preamble, and continues until terminated. Either party may terminate immediately on notice, without cause, at any time, and neither party will be liable for damages resulting solely from terminating this Agreement under its terms. Sections 1-13 and all definitions will survive any such termination.
13.1. Notice. All notices under this Agreement will be: (a) in writing; (b) in English; (c) deemed given when received; and (d) sent by delivery service, messenger, or registered or certified mail (postage prepaid, return receipt requested). Any notices to IBQ will be sent to IBQ Systems, LLC, 1010 North Normandie Avenue, Suite 302, Spokane, Washington 99201, Attention: Brian Hopkins. Any notices to You will be sent to the address, if any, provided in Your Personal Information. Notices in the ordinary course may be sent via electronic mail. Notices outside the ordinary course of business (including any notice alleging breach of this Agreement) may not be sent via electronic mail and, if to IBQ, must be copied to IBQ's legal counsel, David K. Daggett, via fax at (509) 444-7864.
13.2. Construction. If a term hereof is unenforceable, the rest of this Agreement will be fully enforced to affect the parties' intent. Unless stated, or context requires, otherwise: (a) "written" or "in writing" refers to a non-electronic document only, manually signed by authorized representatives of the writing party or parties; (b) all internal references are to this Agreement, its parties, and its Exhibits; (c) "days" means "calendar days"; (d) "may" means that the applicable party has a right, but not a concomitant obligation; and (e) subject to any implied duty of good faith, a party's choices are in its sole discretion. The words "herein," "hereof," and similar refer to this Agreement as a whole, including its Exhibits. Lists of examples following "including" or "e.g." are not exhaustive, unless qualified by words such as "only" or "solely" (and thus, for example, "including" always means "including without limitation," unless stated, or context requires, otherwise). This Agreement will be interpreted solely in English.
13.3. Miscellaneous. This Agreement is governed by Washington law, and the parties consent (and You waive all defenses) to exclusive jurisdiction and venue in the Spokane County, Washington courts. Neither party may assign this Agreement, in any way, without the other's consent. The parties are independent contractors and neither may act on behalf of the other. No waiver is effective unless made in writing. Each party will pay its own costs to perform. The parties' relationship hereunder is nonexclusive and IBQ may enter into similar agreements with third parties.
13.4. Modification. During the Term, IBQ may modify the terms of this Agreement, in whole or in part, at any time, in its reasonable discretion. Any such modification will be binding 30 days after IBQ provides notice to You (which may be by email). If You do not agree with any such modification, Your sole remedy is immediately to terminate this Agreement. By failing to provide notice of termination after notice of any such modification, You manifests acceptance of, and agrees to be bound by, such modified terms. Except as otherwise provided in this 13.4, this Agreement will not be modified except by a writing, dated after the Effective Date, that references this Agreement and is manually signed by both parties' authorized representatives.
13.5. Merger. This Agreement (including any Exhibits) is the parties' entire agreement on this subject and merges and supersedes all prior and contemporaneous communications and agreements on such subject.
Last updated: December 1, 2006
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