Last Updated: September 28, 2020
Insurance Services. The Services include our Personal Insurance Checkup, which consists of content, tools, links and recommendations intended to provide you with decision support related to insurance. All information provided to you through your use of this Service is provided for general informational and educational purposes.
The Services may also include our preparation of quotes and brokering and transacting of sales to you of third-party insurance products. We do not underwrite any auto insurance policy made available to you through the Services. Any auto insurance policy premium quotes or ranges displayed on the Site or through the Services are non-binding. The final auto insurance policy premium for any policy is determined by the underwriting insurance company following application. Insurance products and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The third-party insurance products offered for sale through the Site are only available in the jurisdictions in which we are properly licensed.
As a part of the CheapCarInsuranceRate Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the CheapCarInsuranceRate Properties, including but not limited to, a mobile device that is suitable to connect with and use the CheapCarInsuranceRate Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the CheapCarInsuranceRate Properties.
Collection and Use of Personal Information
You must create a password for your account. You are solely responsible for the confidentiality of your password, as well as for any use of the Site or any Services made using your password. Your password should only be used by you, and you should not share your password with any third party. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the CheapCarInsuranceRate Properties by minors. You agree to (y) notify us immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the CheapCarInsuranceRate Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. We reserve the right to delete or change any usernames or password at any time and for any reason upon notice to you. You agree not to create an Account or use the CheapCarInsuranceRate Properties if you have been previously removed by CheapCarInsuranceRate, or if you have been previously banned from any of the CheapCarInsuranceRate Properties.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of CheapCarInsuranceRate.
You acknowledge that you, and not CheapCarInsuranceRate, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the CheapCarInsuranceRate Properties (“Your Content”). You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
The CheapCarInsuranceRate Properties contain material, such as text, graphics, images, and other material provided by or on behalf of us, and through your use of the Services you will be provided with additional information from us, including, but not limited to, the results of the Personal Insurance Checkup; all of these materials and information are collectively referred to herein as the “Content.” The Content is owned by us or our licensors and is protected under both United States and foreign laws. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the CheapCarInsuranceRate Properties, which are registered and unregistered trademarks or service marks of ours or our licensors. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the CheapCarInsuranceRate Properties.
We do not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in the CheapCarInsuranceRate Properties, you represent that you own and/or have all proper intellectual property, proprietary and other applicable rights and licenses to use, post and/or publish Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not CheapCarInsuranceRate, are responsible for all of Your Content that you Make Available on or in the CheapCarInsuranceRate Properties.
Subject to any applicable account settings that you select, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the CheapCarInsuranceRate Properties to you and to our other Registered Users.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”), you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimers of Warranties
“As is”. YOU ACKNOWLEDGE AND AGREE THAT THE CHEAPCARINSURANCERATE PROPERTIES ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CHEAPCARINSURANCERATE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (EACH A “CHEAPCARINSURANCERATE PARTY” AND COLLECTIVELY THE “CHEAPCARINSURANCERATE PARTIES”) MAKE ANY WARRANTY THAT THE CHEAPCARINSURANCERATE PROPERTIES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE. THE P CHEAPCARINSURANCERATE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, DEVICES OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. INFORMATION AND OPINIONS RECEIVED VIA THE CHEAPCARINSURANCERATE PROPERTIES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. THE CHEAPCARINSURANCERATE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH CHEAPCARINSURANCERATE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE CHEAPCARINSURANCERATE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CHEAPCARINSURANCERATE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Insurance Checkup Services. THE RESULTS OF THE PERSONAL INSURANCE CHECKUP ARE BASED ON PRELIMINARY DATA PROVIDED BY YOU AND RECEIVED BY US. THE RESULTS ARE PROVIDED FOR YOUR PERSONAL INFORMATION AND EDUCATION ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. YOUR INSURANCE NEEDS MAY DIFFER FROM WHAT IS DESCRIBED IN THE PERSONAL INSURANCE CHECKUP RESULTS, DEPENDING ON DETAILS WE DID NOT CAPTURE IN OUR PERSONAL INSURANCE CHECKUP QUESTIONNAIRE (INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF YOUR DEDUCTIBLES, THE TERMS OF YOUR EMPLOYER-PROVIDED INSURANCE COVERAGE, THE IDENTITY OF YOUR INSURANCE CARRIERS, AND YOUR HEALTH HISTORY). THE PERSONAL INSURANCE CHECKUP RESULTS SHOULD NOT BE INTERPRETED AS FINANCIAL ADVICE, OR AS A RECOMMENDATION TO BUY OR FOREGO ANY INSURANCE PRODUCT, WITHOUT DOING FURTHER RESEARCH ON YOUR OWN OR WITH A FINANCIAL PROFESSIONAL. ALTHOUGH WE USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE RESULTS OF THE PERSONAL INSURANCE CHECKUP ARE ACCURATE, NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS GIVEN WITH RESPECT TO THEIR ACCURACY OR WITH RESPECT TO THE ACCURACY OF ANY OTHER CONTENT.
Other Insurance Products and Services. ANY AND ALL INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS. ANY AND ALL QUESTIONS, CONCERNS OR DISPUTES WITH ANY SUCH PRODUCTS SHOULD BE RAISED WITH THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS AND NOT WITH US.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE CHEAPCARINSURANCERATE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE FEES PAID BY YOU WITHIN THE TWELVE (12) MONTHS PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; AND (C) FIVE HUNDRED DOLLARS ($500.00). ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE CHEAPCARINSURANCERATE PROPERTIES IS TO STOP USING THE SAME.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the CheapCarInsuranceRate Properties (including any interactions with, or act or omission of External Sites). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHEAPCARINSURANCERATEAND YOU.
Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.