TERMS AND CONDITIONS
Updated: April 25, 2024
THIS IS A LEGALLY BINDING AGREEMENT THAT INCLUDES MANDATORY ARBITRATION AND CLASS ACTION WAIVER CLAUSES THAT AFFECT YOUR RIGHTS AND LIMITS OUR LIABILITY. PLEASE READ IT CAREFULLY. BY USING OUR SITE, YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HEREIN, YOU MUST LEAVE OUR SITE IMMEDIATELY.
This Terms and Conditions Agreement (“Terms and Conditions”) is a legal agreement between you and Policy Drive US, Inc., owner of the policydriveus.com website (the “Company,” “we,” or “us”) and governs how you may use our website (“Site”). When you browse our Site, you are confirming your understanding of and agreement with these Terms and Conditions. For all questions about how we use the information we obtain through your use of the Site, please review our Privacy Policy. By using the Site and the Service, you agree to also be bound to the Privacy Policy, the terms of which are incorporated herein by this reference. Any rights not expressly granted herein are expressly reserved by the Company.
NOTE: THIS SITE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13. By using this site, you are confirming that you are above the age of 13.
1. Site and Service Description
The Site provides a referral service that matches consumers with prospective service-providing companies, depending upon your information, for the marketing of auto insurance and other consumer services (the “Service”). NOTE: We offer no guarantee whatsoever that any information provided by this Site is accurate, complete, reliable, current, error-free, or appropriate. Site content is provided for informational and entertainment purposes only. We assume no liability for inaccuracy or incompleteness of any information on the Site or in any communications from us.
2. Trademark & Copyright
The trademarks, service marks, logos, and all Content (collectively, “Protected Content”) used and displayed on this Site are registered and unregistered marks of the Company and others or are otherwise protected by copyright laws. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our prior, written permission. The Company hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site under the terms set forth below. The Site and the Content, including but not limited to text, data, reports, opinions, software, images, photos, graphics, graphs, charts, animations, and video displayed on the Site may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms and Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Site or to display, perform, publish, distribute, transmit, broadcast, or circulate any Content to anyone, or for any commercial purpose, without our express prior written consent.
3. Termination of License
We reserve the right to terminate the License granted herein and deny you access to the Site in our sole discretion, without any advance notice or liability to you, if we believe your conduct fails to conform with these Terms and Conditions. We also reserve the right to investigate suspected violations of these Terms and Conditions, including without limitation any violation arising from any emails you send to us. Any violation of these Terms and Conditions may be referred to law enforcement authorities. The termination of your License will not affect any additional right or relief to which we may be entitled, at law or in equity. Upon termination of these Terms and Conditions, all rights granted to you will automatically terminate and immediately revert to the Company.
4. General Prohibitions
You may not do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the Site;
(b) Remove or obscure the copyright notice or other notices displayed in connection with the Content accessible through the Site;
(c) Interfere with or disrupt the Site, or servers and networks connected to the Site, or circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site;
(d) Modify the Site in any manner or form, or use modified versions thereof;
(e) Sell, assign, sublicense, or otherwise transfer any right in the Content accessible through the Site;
(f) Use any robot, spider, scraper, or other automated means to access the Service for any purpose;
(g) Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site infrastructure as we may determine in our sole discretion; or
(h) Knowingly disseminate or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, programs, or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation.
5. Advertisements and Links
The Site contains advertisements, offers, or other links to websites of third parties that we do not control. Any outbound links are provided solely for your reference and are not to be viewed as an authorization, endorsement, sponsorship, or affiliation by, of, or with such website. Note that advertisements and other information provided by third parties may not be wholly accurate, and the Company makes no representations whatsoever concerning such websites, or any products or services they may offer, and hereby disclaims any and all such representations. Any purchase transactions or other dealings with third parties referenced on this Site are solely between yourself and them. We are not responsible or liable for (i) the availability or accuracy of such websites or advertisements; or (ii) the Content, products, or services available from such sites. ANY VISITS TO WEBSITES THAT LINK TO OR ADVERTISE ON THIS SITE ARE AT YOUR OWN RISK.
6. No Warranty
THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY MAKES NO GUARANTEES OR WARRANTIES AS TO THE SITE OR THE PERFORMANCE OF THE SERVICE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
7. Limitation of Liability & Release
In no event shall we be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Service, including without limitation losses incurred due to: (a) any losses, injuries, or property damage, or death sustained as a direct or indirect consequence of your reliance upon the information provided by this Site; (b) your business dealings with any third-party advertisers or marketing affiliates that link to this site; (c) damages or losses of any kind resulting from your purchase and use of any products from marketing affiliates or advertisers; (d) any actions you take in reliance upon any information provided by the Site; and (e) any other damages or losses you may incur in connection with your use of the Service. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
The Company is not responsible for examining or evaluating the business practices, actions, omissions, or services of marketing affiliates whose products are featured on this Site. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MARKETING AFFILIATE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Service, you explicitly waive the rights granted to you under California Civil Code 1542. If you are a New Jersey resident, certain sections of these Terms and Conditions, including Sections 5, 6, and 7, may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act.
8. Indemnification
BY USING THE SITE AND SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE SITE AND ANY VIOLATION OF THESE TERMS OF USE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.
9. Choice of Law; Forum
This document shall be governed in all respects by the laws of the United States and the State of Colorado, regardless of conflict of law rules. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Denver, Colorado, except that arbitration proceedings may be conducted by telephone. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within the County of Denver, Colorado for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
10. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Site. Therefore, you agree that, by using the Service, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by us applying Colorado law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.
11. Waiver of Do-Not-Call Rights
Your act of submitting a form on this Site constitutes a waiver of any rights you may have under state or federal Do-Not-Call (DNC) Registry statutes, including but not limited to the Telephone Consumer Protection Act of 1991. You are agreeing to be contacted at the number you provided regardless of whether such number is listed on any state or federal DNC Registry, and regardless of whether it is a cellular phone or landline. Any proceedings to resolve or litigate any matter of claim you may bring against us, participating agents and insurers, or our affiliates or marketing partners will be conducted solely on an individual basis in a binding arbitration proceeding as set forth elsewhere in these Terms and Conditions.
12. Limitation of Actions
Any claim or cause of action arising out of your use of the Site or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Company to enforce or exercise any provision of these Terms and Conditions or any related right shall not constitute a waiver of that right or provision.
13. Modification and Notice of Changes
The Company reserves the right to modify these Terms and Conditions at any time. If we elect to modify these Terms, we will post a notice informing users of the change on the Site. You are responsible for reviewing the modified Terms and Conditions, and accessing this Site after any changes have been posted will constitute your acceptance of all such changes. You have the right to accept or reject any changes to these Terms. If you reject any changes, please discontinue use of the Site immediately. Unless specifically stated otherwise, any new features, products, or services added to the Site shall be subject to these Terms.
14. Entire Agreement
These Terms and Conditions and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
15. Severability
If any provision of these Terms and Conditions is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.
16. Disclosure
This is an advertising referral and comparison service that matches consumers with prospective auto insurance agents and companies depending upon your information. The operator of this website is not an insurance company, agent, provider, broker, representative, bank, or financial or lending institution. We do not represent any specific insurance provider and do not provide insurance quotes or policies. The service is not used for insurance or credit decisions. Quotes are provided by independent participating insurance agents and companies that participate in our network. Lowest advertised rates may vary and are not necessarily available from all participating service providers. By submitting your information, you expressly consent to be contacted by a representative, insurance agent, or insurance company. Providing your information does not guarantee that you will be accepted by a participating provider. We do not have access to the terms of your insurance plan and disclaim liability for, without limitation, any product, service, plan, or provider. For details, questions, or concerns regarding your plan, please contact your third-party provider or agent directly. We do not endorse or charge you for any product or service. Any compensation received is paid by participating providers and only for advertising services provided. This service is void where prohibited. We are not connected with or endorsed by the U.S. government or any federal insurance program. This service does not constitute an offer to sell or a solicitation in connection with any product or service. This service and these disclosures are provided to you for information purposes only and should not be used as a substitute for informed professional advice.
If you have questions or would like additional information about these Terms and Conditions, please contact us at: support@policydriveus.com