Terms of use

The terms and conditions govern the use of the services offered by the website. By accessing our website, including submitting requests for quotes through the website, calling the toll-free number, initiating requests for us to contact the user by telephone or other methods we make available, you accept and agree to the Terms of Use. If you do not agree to our Terms of Use, you must exit the website and refrain from using our services.

Our Service

We provide users the opportunity to receive insurance quotes from our network of insurance carriers, brokers, agents, and other service providers. Once you provide your information using our form, we will find appropriate insurance carriers, brokers, agents, and other service providers to help you find the type of insurance that you need. We are not an insurance carrier or insurance agent, therefore, we do not bind coverage or issue contracts ourselves, nor do we recommend or endorse any company or specific insurance policy. We publish information on our Site regarding insurance but we do not provide insurance, financial, or tax advice. We do not provide a guarantee that the insurance companies, brokers, and agents that receive your application will initiate contact with you or agree to provide coverage. We are not responsible for the behavior and conduct of insurance brokers, agents, companies, and discount program representatives who are matched to your application. The coverage provided by the insurance service provider is subject to the insurance policy’s terms and conditions for which we have no control over.

Dispute Resolution through Binding Arbitration

Please Read This Provision Carefully. It Affects Your Legal Rights. You agree, in good faith, to attempt to settle any claim or dispute that may arise between us, which relates in any way or arises out of the Terms or your use of the website or the content, including but not limited to, any claim or dispute between yourself and a Provider (each, a Claim), through consultations between us and you, which consultations will commence upon written notice from any party to another (the Consultation Notice). The Consultation Notice should describe the basis and nature of the Claim and the specific relief required (Demand). If the Claim cannot be resolved within 30 days after receipt of the Consultation Notice, any party may request to start an arbitration proceeding through a written notice to the other in agreement with this Section 2. Any notice under this Section 2 should be sent support@quickguarding.com . You agree to mediate all Claims between us and you or between you and a Provider which cannot be resolved amicably in agreement with the previous paragraph. This agreement for arbitration is intended to be interpreted broadly and includes, but is not limited to, (a) claims relating to any aspect of your relationship with our company whether based in stature, contract, tort, fraud, misrepresentation, or other legal theory and (b) claims that could be assumed as a class action Claims. You also agree to waive your right to participate in a class action in agreement with this Section 2. Any reference in this section to “Provider”, “Site operator”, “Prospect”, “we”, “us”, and “you” include our particular affiliates, subsidiaries, employees, predecessors in interest, agents, successors and assigns, and the authorized or unauthorized beneficiaries or users of services, information, or Site Content available by using the Site. This agreement for arbitration does not impede you to bring an individual action in a small claims court if your claims qualify as long as it remains in the aforementioned court and only advances on an individual basis (non-class, non-representative). This arbitration does not impede you from bringing the attention of local, state, federal agencies on issues. By entering into this agreement for arbitration, you agree that you and us waive our respective rights to trial by jury or participate in representative or class action and that dispute arbitration according to Section 2 should be in an individual capacity. This means that you limit your rights to appeal and you waive your rights to other resolution processes available such as court action. The arbitrator may not combine, consolidate, or join claims of other parties that may be in a similar situation or otherwise preside over any type of class or representative proceeding. You agree and acknowledge that the interpretation and enforcement of this provision are governed by the Federal Arbitration Act shall. The arbitration clause shall survive this Agreement’s termination. The American Arbitration Association (AAA) shall govern the arbitration under its established rules and procedures, which includes the AAA’s Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”), as adopted by this Agreement (excluding the Supplementary Rules for Class Arbitration and any AAA Rules that may conflict against the waiver of representative proceedings and class arbitration below and will be conducted by one arbitrator with pertinent industry experience appointed according to the AAA Rules. The AAA Rules can be accessed through https://www.adr.org/Rules or by calling (800) 778-7879. The arbitrator is obligated to follow the terms specified in this Agreement and shall utilize Massachusetts law consistent with the Federal Arbitration Act and relevant statutes of limitation, and shall honor recognized claims of privilege. The arbitrator shall decide all issues including but not limited to issues that relate to the application and enforcement of this Agreement. Unless the parties to the arbitration otherwise agree, arbitration hearings under Section 2 shall be conducted in your county of domicile. If your Claim is worth $5,000 or below, you may choose to decide whether the arbitration will be performed through a telephonic hearing, based solely on documents submitted to the arbitrator, or an in-person hearing established by the AAA Rules. If your Claim is worth more than $5,000, the AAA rules shall determine the right to a hearing. In any arbitration between us and you, except provided otherwise in Section 2, all filing, administration, and arbitration fees for any arbitration initiated according to the notice requirements where Claims is below $10,000 shall, with your written request, be paid by us. Request for us to pay fees shall be submitted to the AAA by mail and should include the demand for arbitration. We shall arrange to pay the required fees to the AAA directly. If the Claim for damages is worth more than $10,000 and you can demonstrate that the arbitration costs are prohibitive in comparison to the litigation costs, we will pay for the filing, administration, and arbitrator fees as deemed necessary by the arbitrator to prevent a cost-prohibitive arbitration. If the arbitrator determines that the substance of the Claim or relief sought is frivolous or has an improper purpose, you agree to provide reimbursement for all monies disbursed previously that were otherwise your obligation under AAA rules. Injunctive or declaratory relief may be awarded by the arbitrator in favor of the individual party that seeks relief and only to an extent that is necessary to provide the relief sought by the party’s individual claim. Ruling in prior arbitrations which involve other Users shall not bind the arbitrator. However, the arbitrator is bound by the prior arbitration rulings which involve the same user up to the extent warranted by applicable law. Except for the provision in the previous paragraph which prohibits representative proceedings or class arbitration, if the court or arbitrator decides that a part of this Section 2 is unenforceable or invalid, other parts of Section 2 shall still be applied to the maximum extent allowed. If the prior prohibition on representative proceedings or class arbitration is deemed unenforceable or invalid, then the entire Section 2 shall be considered null and void. The remainder, including, without limitation, Section 16 shall continue to remain in force. You may choose to opt-out of the arbitration provision through a written notice at the Address support@quickguarding.com within 30 days of accepting this agreement. The notice shall include the name, address, and clear statement which specify that you do not want to resolve disputes through arbitration. If any changes are made to this arbitration provision (aside from the change in Notice Address) during the term of our relationship, the change shall not be applicable to Claims initiated before the effectivity date of such change. The changes shall be applicable to other Claims that may arise between us. We will provide notice of the changes in this provision by posting the terms amended on the Site or through email at least 30 days before the effectivity date of such changes. Notwithstanding anything to the contrary in these Terms, the Providers shall be the third party beneficiaries of the rights to arbitration and dispute resolution described in this Section 2. Each Provider has the right to enforce Section 2 against Users if the Provider is a party to the agreement described in Section 2 if there is a dispute or claim between you and the Provider based on any interaction or transaction facilitated by your use of our Site. IF YOU DO NOT AGREE TO THE ABOVEMENTIONED PROVISION OF BINDING ARBITRATION, DO NOT USE THIS SITE.

User Data – Consent to Contact

You may be required to provide materials or information (User Data) to us during your use of this Site. User Data include information submitted to us through your request for quotations. The information collection and use practice concerning User Data is stated in our Privacy Policy incorporated in this by reference for all reasons. Please read the Privacy Policy before you submit any User Data. You acknowledge and are in agreement that you are responsible solely for the accuracy and the content of the User Data. We shall not be responsible for maintaining any User Data you provide to us, and we may destroy or delete such User Data at any time. We reserve the right to remove or refuse to post any User Data, whether in part or whole, that is unlawful, undesirable, unacceptable, or a violation of our Terms of Use. By providing us your contact information through our Site, you register to receive communications directly from us, on the website, or via a third party. We will newsletters and other e-mails with promotions periodically. We may also contact by telephone with a pre-recorded voice message or an interactive voice response system. If you do not wish to receive these types of communication, please send an email to our Customer Support support@quickguarding.com. You can also opt out through the unsubscribe link found in the email. Furthermore, when you submit a request for quotations through our Site, you provide consent to our network of service providers to contact you through email or phone. When your information is given to these service providers, requests to unsubscribe or opt-out of their communications should be directed to the specific service provider. Proprietary Rights The Site as well as any software used with Site contains confidential and proprietary information protected by intellectual property laws in the applicable jurisdictions. You acknowledge and are in agreement that the materials and information presented throughout the Site are protected by trademarks, copyrights, patents, services marks, or other proprietary laws and rights. You agree to not sell, modify, transmit, distribute, publicly perform, broadcast, or create a derived network based on the Site, in part or in whole except as explicitly authorized by us or permitted by law. Any commercial use of a portion or entirety of the Site by you is strictly prohibited. We grant you a non-transferable, non-exclusive, and personal license and right to use this Site on an Internet device so long as that you do not reproduce, copy, distribute, reverse engineer, or exploit any materials, content, data, or code on the Site. You agree not to make any form of modification on the site nor use any modified version of the Site. We do not grant authorization or license to any user for the use of our trademarks, trade names, service marks, or other logos of our partners without an express written agreement. Third party marks and logos are the property of the respective owners. Comments, questions, suggestions, or materials that we receive through the Site will be our sole property. We own all the rights in these materials and have unrestricted rights to publish, use, and distribute such data for any purpose, without compensation or attribution.

Warranty Disclaimer

The services and information on the Site are provided as it stands and is only for informational purposes. We make no warranty or representation that the Site will suit your needs, is timely, reliable, or free of inaccuracies, errors, or typographical faults. We disclaim all warranties, implied or express, including warranties of fitness or merchantability for a specific purpose or non-infringement of the right of others. We provide no warranty that this Site will be free of viruses, worms, errors, or other harmful or destructive code.

Liability Limitation

By no means shall we or any of our officers, employees, directors, affiliates, agents, or service or content providers (collectively, the Protected Entities) be held liable for any indirect, direct, incidental, special, exemplary, consequential, or punitive damages that arise from, directly or indirectly, the use or inability to use the site and services offered herewith or the materials, content, and functions related hereto including without limitation loss of revenue even if advised of the likelihood of such damage. In no event shall our total liability for losses, damages, and causes action (whether in tort, contract, including but not limited to negligence or otherwise), exceed five dollars. The limitation above may not apply to all users or jurisdictions. If you do not agree with the above-mentioned, the sole resolution is the termination of this agreement and the discontinued use of this Site.

Links from this Site

We may provide links to other websites only for informational purposes. We do not claim responsibility for the availability or accuracy of the information provided on websites to which you may be directed from our Site. The availability of links on our Site is not equal to endorsement or association with such sites or the products, content, advertising, or other material presented on such websites. You acknowledge and are in agreement that we are not liable or responsible, whether directly or indirectly, for any loss or damage caused by your use of any goods, services, or content on such sites.

Updates

This Terms of Use is subject to change at any time and such changes shall be effective upon posting on the Site. The use of our Site following any change to the Terms of Use means that you accept such changes.

Applicable Laws

The laws of the State of Washington govern the Terms of Use and the Site without giving effect to conflict of laws. If any provision in the Terms of Use is held illegal, invalid, or unenforceable, the remaining provisions shall not be impaired or affected thereby in any way. Any dispute that arises from the use of this Site shall be brought in the appropriate federal or state courts of the State of Washington exclusively. Users who access the Site from a different location do so based on their own initiative and shall be responsible for complying with local laws, if and to the extent that local laws are applicable. Regardless of any law or statute to the contrary, claims or causes of actions that arise out of the related use of the Site or Terms of Use must be filed within one year after the claim or cause of action is commenced or be forever barred.

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