INTERNET EZ QUOTE WEB
SITE TERMS OF USE
1.
INTRODUCTION
THESE INTERNET EZ QUOTE TERMS OF USE (“TERMS
OF USE”) ARE THE TERMS AND CONDITIONS UPON WHICH INTERNET EZ QUOTE,
INC. (“INTERNET EZ QUOTE”) OFFERS YOU ACCESS TO AND USE OF OUR
SERVICES ON THE WEB SITE LOCATED AT THE URL WWW.INTERNETEZQUOTE.COM (“SITE”)
AND TO USE THE COMPANION IEZQUOTE “MOBILE OFFICE” PROGRAM SUITE. THESE TERMS OF USE, TOGETHER WITH THE
INTERNET EZ QUOTE WEB SITE LICENSE AGREEMENT OR THE INTERNET EZ QUOTE WEB SITE
ACCESS/SUBLICENSE AGREEMENT, IF APPLICABLE, REPRESENT THE ENTIRE UNDERSTANDING
BETWEEN YOU AND INTERNET EZ QUOTE REGARDING YOUR USE OF THIS SITE. BY CLICKING ON THE “I AGREE TO THESE TERMS OF USE” BOX AT THE END OF THESE TERMS
OF USE BESIDE THE QUESTION “DO YOU ACCEPT THESE TERMS OF USE?” AND BY
SUBMITTING YOUR REGISTRATION FORM, YOU INDICATE THAT (1) YOU INTEND YOUR ACT OF
CLICKING ON THE “I AGREE TO THESE TERMS OF USE” BOX TO SERVE AS YOUR SIGNATURE
TO THIS AGREEMENT, (2) YOU AGREE THAT YOUR ELECTRONIC SIGNATURE SHALL HAVE THE
SAME FORCE AND EFFECT AS THE USE OF A MANUAL SIGNATURE AND (3) IN CONSIDERATION
OF INTERNET EZ QUOTE ACCEPTING AND MAINTAINING A HEALTH INSURANCE DATABASE FOR
YOU, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, CONSENT AND AGREE TO BE BOUND BY
AND ABIDE BY THESE TERMS OF USE. YOUR
ACCESS TO AND USE OF THIS SITE, YOUR HEALTH INSURANCE DATABASE AND INTERNET EZ
QUOTE’S SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH ALL OF THE TERMS OF USE
SET FORTH HEREIN. IF YOU DO NOT AGREE
TO ALL OF THE FOLLOWING TERMS OF USE, CLICK UPON “I DECLINE” AND DISCONTINUE ALL USE OF THIS SITE.
Internet EZ Quote reserves the right to modify, alter, update or remove portions of these Terms of Use from time to time by posting amended Terms of Use on the Site, and you agree to be bound by any such changes. Please review these Terms of Use (including our Privacy Policy , our System Outage Policy and all other policies) each time you use the services provided on this Site, as your continued use of this Site signifies your acceptance of any changed items. The current version of the Terms of Use shall be accessible via hypertext link from our Home Page.
2.
FOREWARD
Internet EZ Quote owns and
operates an Internet-based health insurance information database that permits
registered users of this Site to enter, track, update, and maintain health
history and other personal Information regarding individual insureds and group
insureds via this Site. Such
Information is compiled for the convenience of Users so that they may more
conveniently obtain individual and group health insurance quotes from a variety
of health insurance carriers. Our
services are available to individuals and entities who have completed and
submitted the Registration Form and have obtained an access code for access of
this Site from an authorized Area Marketing Director, General Agent, or Agent.
3.
DEFINITIONS
As used herein, “User” or “you”
shall refer to an entity or individual that has completed and Submitted the
Registration Form and has privileges to use this Site and companion “Mobile
Office” programs to enter, track, update, and maintain Information regarding
individual insureds and group insureds via this Site, as more particularly
described below.
As used herein, the term “Agreement” means these
Terms of Use, our Privacy Policy , our System Outage Policy , and all other
terms, conditions and rules that may be published or displayed from time to
time by Internet EZ Quote on this Site, the “Mobile Office” programs or at any
other link designated in these Terms of Use, including each amendment,
alteration, modification or supplementation of any and all of the
foregoing. Each of the foregoing is
incorporated into and made a part of this Agreement by this reference. The Internet EZ Quote Web Site License
Agreement and the Internet EZ Quote Web Site Access/Sublicense Agreement, where
applicable, are likewise incorporated into and made a part of this Agreement by
this reference.
As used herein, the term “Information” means
personal health histories and information, biographical data, personal and tax
identification numbers and information, addresses, telephone numbers and the
like, and other information concerning Employers, Employees, and Individual
Insureds that may be entered, tracked, updated, and maintained by Users at the
Site or on the “Mobile Office” programs.
As used herein, the term “Area Marketing Director”
means a health insurance agent or agency that has completed an Internet
EZ Quote Web Site License Agreement and is therefore entitled to enter
into Internet EZ Quote Web Site Access/Sublicense Agreement with Agents and
General Agents (and Internet EZ Quote), and to grant such Agents and General
Agents the right to access the Site and authorize other individuals or entities
the right to access the Site, in accordance with that Agreement.
As used herein, the term “Agent” means a health
insurance agent or agency that has completed an Internet EZ Quote Web Site Access/Sublicense Agreement and is
therefore entitled to grant access to the Site to other individuals and
entities in accordance with that Agreement.
As used herein, the term “General Agent” means a
health insurance agent or agency that has completed an Internet EZ Quote Web Site Access/Sublicense Agreement and is
therefore entitled to grant access to the Site to other individuals and
entities, including Agents upon permission from an Area Marketing Director” in
accordance with that Agreement.
As used herein, the term “Employer” means an
individual or entity that employs others in the furtherance of its business,
participates in a group health insurance policy that extends health insurance
benefits to such employees, and has arranged for such coverage through either an
Area Marketing Director, a General Agent, or an Agent.
As used herein, the term “Employee” means an
individual that participates in a group health insurance policy offered to him
or her by an Employer as a benefit of his or her employment by such Employer.
As used herein, the term “Individual Insured”
means an individual who has arranged for individual (as opposed to group)
health coverage through either an Area Marketing Director, a General Agent, or
an Agent.
As used herein, the term “License Agreement” means
the Internet EZ Quote Web Site License Agreement that each Area Marketing
Director enters into with Internet EZ Quote.
Such License Agreements are incorporated into and made a part of these
Terms of Use by this reference.
As used herein, the term “Sublicense Agreement”
means the Internet EZ Quote Web Site Access/Sublicense Agreement that each
General Agent or Agent enters into with Internet EZ Quote. Such License Agreements are incorporated
into and made a part of these Terms of Use by this reference.
4.
INTERNET EZ QUOTE SERVICES
4a. Overview
The Site acts as a venue
for Users to enter, track, update, and maintain health history and other
personal Information regarding individual insureds and group insureds. Such Information is compiled and maintained
at the Site for the convenience of Users so that they may more conveniently
obtain individual and group health insurance rate quotes from a variety of
health insurance carriers. By
completing the Registration Form and agreeing to these Terms of Use, Users
agree that Agents, General Agents, and/or Area Marketing Directors may utilize
such information for the express purpose of acquiring individual or group
health insurance rate quotes from health insurance carriers and for no other
purpose, except as otherwise provided in this Agreement.
Internet EZ Quote does not
verify such Information or otherwise make any guarantees that such Information
is accurate or otherwise reliable.
Rather, we merely facilitate the organization and maintenance of such
Information for the authorized use of Users.
We have no control over the truth or accuracy of the Information or the
ability of Users to modify, delete, or otherwise amend the Information to which
any such User may have access.
Because we have no control over the accuracy or reliability of such Information, in the event that you suffer damage as a result of the inaccuracy or unreliability of such Information, you release Internet EZ Quote (and our affiliates, officers, directors, agents, subsidiaries and employees) from 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 inaccurate or unreliable Information. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
4b. Registration with
Internet EZ Quote
To access the Site and make use of the features
of the those portions of the Site to which you may gain access, you must
complete our online registration form (“Registration Form”), thereby
providing us with certain information, including, but not limited to, your
name, your address, your telephone number and your e-mail address. Once you have registered with us, we will
provide you with an identification code (which is usually your e-mail address)
(“ID”),
and you will select a password (“Password”) for that ID. IDs and Passwords allow Users to access
those portions of the Site to which they have been granted access in order to
enter, track, update and maintain their Information.
Users are allowed (and may be required) to change
their Passwords from time to time. You
are responsible for, and bear the risk of, use of IDs and Passwords assigned to
you, whether or not such use is authorized by you; and Internet EZ Quote shall
have no responsibility for controlling or monitoring the use of User IDs and
Passwords and no liability for any use (authorized or unauthorized) of User IDs
and Passwords.
In order to prevent the unauthorized use of IDs and Passwords, you agree that you will take such actions as are necessary to maintain the confidentiality of your Password. You may not disclose your Password to any third party. You agree to notify Internet EZ Quote immediately if you determine, or have reason to believe, that an unauthorized party has gained access to your ID and Password, and you agree to immediately change your Password using our online “Change Your Password” feature .
4c. Input, Maintenance,
and Updating of Your Information
By entering, updating and otherwise maintaining your Information on the Site, you affirm that the Information you provide is complete and true to the best of your knowledge and belief. Users understand and agree that, in so doing, they are providing information as part of the application procedures required by various health insurance carriers to enroll in any such carrier’s health insurance coverage. User understands and agrees that such health insurance carriers rely on such Information in making determinations whether or not to extend coverage and to determine the type of coverage offered. User understands and agrees that if any of the Information that he/she/it enters on the Site, or otherwise causes to be altered, amended or changed (i.e., by updating the Information), contains any material misstatements or omissions, any such health insurance carrier that elects to extend health insurance coverage to User on the basis of such Information may deny coverage retroactively and/or take any other legal action available by applicable law. In the event a health insurance carrier elects to extend health insurance coverage to User, User agrees that he/she/it will promptly inform such health insurance carrier of any changes to the Information prior to the effective date of such coverage. User understands and agrees that simply entering his/her/its Information on the Site does not mean that User shall obtain health insurance coverage and that no coverage shall be in force until approved by a health insurance carrier. If approved, coverage shall be in force as of the effective date determined by the health insurance carrier.
User represents that all such information is accurate to the best of User’s knowledge and belief, and further understands and agrees as follows:
i. No independent producer, agent or employee of a health insurance carrier, or of User’s employer can change any part of the Information; and,
ii. A health insurance carrier that extends coverage to User on the basis of the Information may terminate or rescind User’s coverage for any misrepresentation, omission of fact by, concerning, or on behalf of User or User’s listed family members that was or would have been material to the health insurance carrier’s acceptance of a risk, extension of coverage, provision of benefits, or payment of any claim.
4d. Levels of Access
There are different levels of access to the Site
depending upon the nature of the User.
i.
Area
Marketing Directors. Area Marketing Directors may grant General
Agents, Agents, Employers, Employees and Individual Insureds access to the
Site. If you are an Area Marketing
Director, you shall have access to the Information that you personally enter on
the Site under your personal ID and Password and shall have the ability to
modify, delete and otherwise amend such Information. You will also have access to view the Information entered on the
Site by those General Agents, Agents, Employers, Employees, and Individual
Insureds to whom you grant access pursuant to your License Agreement. You will also have access to view the
Information entered on the Site by Employers, Employees, and Individual
Insureds who have been granted access to the Site by Agents or General Agents
that have entered into a Sublicense Agreement with you and Internet EZ
Quote. In no event shall you have the
ability to modify, alter, delete, or otherwise amend the Information entered on
the Site by General Agents, Agents, Employers, Employees, or Individuals. Moreover, your viewing of such Information
shall be subject to the Confidentiality provisions set forth in these Terms of
Use as well as the Confidentiality provisions set forth in the License
Agreement and your Sublicense Agreement(s).
You will have no access to Information entered on the Site by other Area
Marketing Directors or the General Agents, Agents, Employers, Employees, or
Individual Insureds who have obtained access to the Site from other Area
Marketing Directors.
ii.
General
Agent. Agents may grant
Employers, Employees, and Individual Insureds access to the Site. Upon permission from an Area Marketing
Director, a General Agent may grant Agents access to the Site. If you are a General Agent, you shall have
access to the Information that you personally enter on the Site under your ID
and Password and shall have the ability to modify, delete, and otherwise amend
such Information. You will also have
access to view the Information entered on the Site by those Agents, Employers,
Employees, and Individual Insureds to whom you have granted access to the
Site. In no event shall you have the
ability to modify, alter, delete, or otherwise amend the Information entered on
the Site by such Agents, Employers, Employees, or Individual Insureds. Moreover, your viewing of such Information
shall be subject to the Confidentiality provisions set forth in these Terms of
Use as well as the Confidentiality provisions set forth in your Sublicense
Agreement. You will have no access to
Information entered on the Site by Area Marketing Directors, other General
Agents, or the Agents, Employers, Employees, or Individual Insureds who have
obtained access to the Site from other General Agents.
iii.
Agents. Agents may grant Employers,
Employees, and Individual Insureds access to the Site. If you are an Agent, you shall have access
to the Information that you personally enter on the Site under your ID and
Password and shall have the ability to modify, delete, and otherwise amend such
Information. You will also have access
to view the Information entered on the Site by those Employers, Employees, and
Individual Insureds to whom you have granted access to the Site. In no event shall you have the ability to
modify, alter, delete, or otherwise amend the Information entered on the Site
by such Employers, Employees, or Individual Insureds. Moreover, your viewing of such Information shall be subject to
the Confidentiality provisions set forth in these Terms of Use as well as the
Confidentiality provisions set forth in your Sublicense Agreement. You will have no access to Information
entered on the Site by Area Marketing Directors, other Agents, or the
Employers, Employees, or Individual Insureds who have obtained access to the
Site from other Agents.
iv.
Employers. If you
are an Employer, you shall have access to the Information that you enter on the
Site as well as that Information that is entered on the Site by your Employees
who participate in (or wish to participate in) a group health insurance
plan. You shall have the ability to
modify, delete, and otherwise amend such Information. You will not have access to Information entered on the Site by
any individual or entity other than yourself and your Employees. In addition, you will not have access to
Information entered on the site by your Employees that is considered
confidential in nature, referring primarily to health conditions.
v.
Employees. If you
are an Employee, you shall have access to the Information about you that you or
your Employer enter on the Site. You
shall have the ability to modify, delete, and otherwise amend such Information. You will not have access to any other
Information entered on the Site.
vi.
Individual
Insureds. If you are an Individual Insured, you shall
have access to the Information about that you or your General Agent or Agent
enters on the Site. You shall have the
ability to modify, delete, and otherwise amend such Information. You will not have access to any other
Information entered on the Site.
4e. User Behavior
You agree that you will follow these rules of
behavior when using the services provided by Internet EZ Quote on this
Site:
i.
you will at all
times comply with the Terms of Use of this Agreement;
ii.
you will not enter
false, misleading, or incomplete Information in order to seek to influence a
health insurance carrier to extend coverage to you or any of your family
members;
iii.
you will not fail
to fully disclose your health history or the health history of any family
member in order to seek to influence a health insurance carrier to extend
coverage to you or any of your family members;
iv.
you will conduct
yourself in a reasonable manner that does not create a hostile environment for
other Users or inhibits any other User’s use and enjoyment of this Site;
v.
you will use this
Site for lawful purposes only;
vi.
you will not post,
upload, distribute or transmit any of the following material in and/or through
this Site: material which violates or infringes in any way upon the rights of
another; material that is protected by copyright, trademark or any other
proprietary right; material that is unlawful, vulgar, profane, obscene or
indecent; bigoted or hateful terms, statements or other material; defamatory
material; material which threatens or abuses another; material which advertises
or solicits for any product, service or company; materials which promote
illegal activity; “spam” or large quantities of unsolicited material; or any
material which promotes or encourages conduct that would constitute a criminal
offense or give rise to civil liability;
vii. you will not use any robot, spider or other automatic device or manual process to monitor or copy our Web pages or the Content contained herein without our prior express written permission;
viii.
you will not use
any device, software or routine to interfere or attempt to interfere with the
proper working of this Site;
ix.
you will not attempt
to manipulate or otherwise interfere with other User’s Information through any
means;
x.
you will not take
any action that imposes an unreasonable or disproportionately large load on our
infrastructure;
xi.
you will not copy,
reproduce, alter, modify, create derivative works of or publicly display any
Content (except for Information you personally entered on the Site) from our
Site without the prior express written permission of the individual or entity
that entered such Information; and
xii.
you will not frame
or alter the way in which our Site is viewed.
(With regard to a Web site, the term “frame” generally means to cause
third party content to appear above or around a Web site.)
5. USER DATA
“User Data” is defined as any data
and information you provide to us or that we derive or gain as a result of the
registration process or otherwise in connection with your use of this
Site. By using this Site, you represent
and warrant that your User Data (including any Information that you enter on
the Site): (1) shall comply with all of
the Terms of Use of this Agreement, (2) shall not be false, inaccurate or
misleading; (3) shall not be fraudulent; (4) shall not infringe any third
party’s copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy; (5) shall not violate any law, statute,
ordinance or regulation (including without limitation those governing export
control, consumer protection, unfair competition, and anti-discrimination); (6)
shall not be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (7) shall not be obscene; (8) shall not contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; and (9)
shall not create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers.
Solely to enable us to use your User Data to
perform the services provided by us via this Site without violating any rights
you might have in that data and information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright and publicity rights
(but no other rights) you have in your User Data, in any media now known or not
currently known, with respect to your User Data. Internet EZ Quote will only use your User Data in accordance with
this Agreement and our Privacy Policy.
6. RESTRICTIONS ON USE OF THE SITE AND
ITS CONTENT
6a. Intellectual Property
Protections
You acknowledge that this Site includes information, communications, software, HTML code, photos, text, video, graphics, logos, music, sounds, images and other material and services (collectively, “Content”), which are generally provided by Internet EZ Quote, licensors or suppliers of Internet EZ Quote and other Users. You agree and acknowledge that, notwithstanding that Internet EZ Quote provides you with access to this Site and the Content, the software powering this Site and the Content are protected by domestic and international patents, copyrights, trademarks, trade secrets and other intellectual property and proprietary rights (collectively “Rights”). Internet EZ Quote, its licensors and suppliers and its Users retain all Rights in and to the Content, this Site and its software, and Internet EZ Quote owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
6b. Limited License
Subject to the Terms of Use of this Agreement, you are hereby granted a personal, nonexclusive, nontransferable, nonsublicensable license to access and use this Site, and to download one copy of part or all of the Content to which you have been granted access to a single computer solely for viewing, browsing and Information maintenance purposes, except where otherwise specified or provided by Internet EZ Quote. All other uses of this Site, its software and the Content from this Site, including, but not limited to, modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Web site, mirroring this Site or in any other way exploiting any of the Content, in whole or in part, other than for Information listing and maintenance purposes, violates Internet EZ Quote’s Rights and is prohibited without Internet EZ Quote’s prior express written consent. The material in this Site is provided for lawful purposes only.
6c. Confidentiality
i.
Passwords. User
understands and agrees that User’s access to the Site and User’s access to
User’s Information is controlled by Password.
User agrees at all times to maintain the confidentiality of such
Password and agrees that his/her/its access to the Site may be terminated in
the event he/she/it fails to adequately maintain the confidentiality of
his/her/its Password.
ii.
Other
User’s Information. User understands and agrees that, depending
upon User’s status (as an Area Marketing Director, General Agent, Agent,
Employer, Employee, or Individual Insured), User may have access to Information
placed, stored, or entered on the Site by other Users. Users that enjoy such access understand and
agree that they are provided such access for the purpose of assisting other
Users with their use of and interaction with the various features of the Site. User agrees that it shall keep all such
Information absolutely confidential and shall not disclose the same to third
parties or otherwise make use of the same for any purpose other than assisting
such other Users in their use and interaction with the Site and management of
their Information. Violation of this
covenant of confidentiality shall result in immediate termination of a
violating User’s access to the Site and may expose such a User to civil and/or
criminal liability. This agreement of
confidentiality shall survive the termination of this Agreement.
7. TERMINATION OF AGREEMENT AND ACCESS
This Agreement shall remain in force until terminated by either you or Internet EZ Quote. If you are dissatisfied with this Site or any of the Terms of Use, your sole remedy is to terminate this Agreement. You may terminate this Agreement solely by discontinuing your use of and access to this Site. We may terminate this Agreement, or suspend your access to all or part of our Site, without notice, for any conduct that we believe, in our sole discretion, is disruptive to this Site, is in violation of any applicable law or is in violation of this Agreement. Upon the termination of this Agreement, your Password will be canceled and you may not have access to the Site. Your Information on the Site shall be removed from the Site.
8. TRADEMARK NOTICE
“Internet EZ Quote” and such other names
as may be adopted by Internet EZ Quote are
proprietary trade names, trademarks, and/or service marks of Internet EZ
Quote. All such trade names,
trademarks, and service marks are proprietary to Internet EZ Quote and may not
be used in connection with any product or service that is not ours, in any
manner that is likely to cause confusion among the public, or in any manner
that disparages or discredits us, without our express written permission.
9. INDEMNITY
You agree to indemnify and hold Internet EZ Quote and our parents, subsidiaries, affiliates, officers, directors, shareholders, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any breach by you of this Agreement (including, without limitation, the documents it incorporates by reference), or your violation of any law or the rights of any third party.
10. DISCLAIMERS
THIS SITE AND OUR SERVICES ARE PROVIDED BY
INTERNET EZ QUOTE ON AN “AS-IS” BASIS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INTERNET EZ QUOTE
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THIS SITE, AND THE ACCURACY,
COMPLETENESS, CURRENCY OR RELIABILITY OF THE SERVICES MADE AVAILABLE THROUGH
THIS SITE OR ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY AND NON-INFRINGEMENT.
We do not guarantee continuous, uninterrupted or secure access to our
services, and operation of our site may be interfered with by numerous factors
outside of our control. We do not warrant
the prompt editing or removal of questionable content after online posting or
assume liability for any action or inaction with respect to conduct,
communication or content on or through Internet EZ Quote.
Some states do not allow the disclaimer of
implied warranties, so portions of the foregoing disclaimer may not apply to
you.
11. LIMITATION OF LIABILITY
INTERNET EZ QUOTE ASSUMES NO RESPONSIBILITY, AND IN NO EVENT SHALL INTERNET EZ QUOTE BE LIABLE FOR, ANY INJURY, LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA OR CONTENT FROM THIS SITE.
NOTWITHSTANDING THE FOREGOING AND EXCEPT AS
PROVIDED IN THE INTERNET EZ QUOTE WEB SITE LICENSE AGREEMENT (IF APPLICABLE),
IF INTERNET EZ QUOTE OR ANY THIRD PARTY SUPPLIER SHOULD BE FOUND LIABLE FOR ANY
LOSS OR DAMAGE WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY OF THE ABOVE
DESCRIBED FUNCTIONS OR USES OF THIS SITE OR ITS CONTENT, THE LIABILITY OF
INTERNET EZ QUOTE AND ANY SUCH THIRD PARTY SUPPLIER SHALL IN NO EVENT EXCEED,
IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT PAID BY USER TO INTERNET EZ
QUOTE TO ACCESS THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING
THE ACCRUAL OF SUCH A CLAIM, OR (B) US$100.
Some states do not allow the limitation of
liability, so the foregoing limitation shall only apply to the extent
permissible under applicable law.
12. LINKS OR E-MAIL COMMUNICATIONS
Our Site may contain links to other sites on the Internet that are owned and operated by third parties. Internet EZ Quote is providing these links solely as a convenience. The appearance of a link does not imply our endorsement of, nor are we responsible for the content of, any linked site. You access linked sites at your own risk.
13. COMMUNICATIONS WITH INTERNET EZ
QUOTE
We welcome your comments and feedback regarding this Site and our services; however, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to Internet EZ Quote using this Site or otherwise (collectively, “Submissions”) are not confidential and will become and remain the property of Internet EZ Quote. Internet EZ Quote shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.
14. PRIVACY POLICY
14a. Introduction
Internet EZ Quote is committed to respecting the privacy of all Users. We take every precaution to protect your Information as well as that of other Users. When you submit Information via the Site, your Information is protected both online and off-line. In order to fully understand your rights, we encourage you to read this Privacy Policy as well as our Terms of Use which govern your use of our Site. Internet EZ Quote has created this Privacy Policy to explain why we collect particular information and how we will protect your personal privacy within the Site. The following discloses the information gathering and dissemination practices for the Site.
This Privacy Policy shall notify you of the following:
i. What personally identifiable information of yours is collected through the Site;
ii. Who collects such information;
iii. How such information is used;
iv. With whom your information may be shared;
v. What choices you have regarding collection, use and distribution of your information;
vi. What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control; and
vii. How you can correct any inaccuracies in your information.
14b. What Information We Collect and How We Use That Information
Internet EZ Quote is the sole owner of the information collected on the Site. This Site does not collect personally identifying information about Users except when you specifically and knowingly provide it. For example, we collect information from you in the following ways:
Registration Information: Before you can use the Site, you must register with us using our online registration form. In the registration process, we collect certain contact information, as more particularly described below. As part of the registration process, you are assigned a User ID (usually your e-mail address) and you select a Password. You may not disclose your Password to any third party. If a third party gains access to your Password, you may lose substantial control over your personally identifying information, and you may be subject to binding actions taken on your behalf, even if such actions are taken without your knowledge.
Contact Information: The online registration portion of the Site requires contact information, including, without limitation, your name, mailing address, telephone numbers, fax numbers, and e-mail address. Your contact information may be used to get in touch with you regarding the operation of the Site. Your contact information will also be disclosed to various health insurance providers as provided in the Terms of Use. Moreover, depending upon the level at which you access the Site, your contact information may be shared as follows: If you are an Individual Insured, your contact information will be provided to your General Agent or Agent and the Area Marketing Director working with that General Agent or Agent. If you are an Employee, your contact information will be provided to your Employer, the General Agent or Agent working with your Employer, and the Area Marketing Directory working with that General Agent or Agent. If you are an Employer, your contact information will be provided to the General Agent or Agent with whom you are working and to that General Agent or Agent’s Area Marketing Director. If you are an Agent, your contact information will be provided to your Area Marketing Director and your General Agent (if applicable). If you are a General Agent, your contact information will be provided to your Area Marketing Director. By accepting the Terms of Use, you expressly agree that we may disclose your contact information as provided herein.
We may also use your contact information to deliver information to you that, in some cases, is targeted to your interests, such as new services. We also use your e-mail address, your mailing address and phone number to contact you regarding administrative notices and communications relevant to your use of the Site. By accepting these Terms of Use, you expressly agree to receive this information. In the event a court order or law mandates that we disclose your contact information, we will do so to the extent required by law. Except as provided in this paragraph, we do not share your contact information with any third party without your consent.
Health History Information: The fundamental purpose of this Site is to conveniently collect and forward health history and other personal information of Individual Insureds, Employees, and Employers (if applicable) to health insurance carriers for purposes of obtaining health insurance quotes for such Individual Insureds and Employees and their Employers. Such health history and other personal information (for example, age, gender, marital status, geographical location), together with your contact information, shall be provided to health insurance carriers as selected by Agents, General Agents, and/or Area Marketing Directors for the sole purpose of obtaining individual or group health insurance quotes and coverage. Except as provided in these Terms of Use, your health history and other personal information shall not be shared with any third party without your consent. By accepting the Terms of Use, you expressly agree that we may disclose your health history and other personal information as provided herein.
Financial Information: If you are an Area Marketing Director, General Agent, or Agent, we may collect certain billing and financial information through the Site in connection with the licensing of the Site to you. Such information may include, without limitation, credit card billing numbers, bank accounts and other financial information. Other than in connection with such licensing, and to comply with demands by courts or governmental agencies if required by law, we do not share your financial information with any third party without your consent. We will protect the credit card or other financial information that Area Marketing Directors, General Agents, and Agents provide using encryption technology on a secure portion of our Site. We will take all reasonable efforts to protect the confidentiality and maintain the security of such Users’ financial information provided to us. We will not release such information to any third party unless authorized to do so by the Area Marketing Director, General Agent, or Agent who provided the financial information, or unless required by law or governmental order. However, the Internet is not a secure method of transmission and Internet EZ Quote cannot absolutely protect such information from hacking or similar criminal activities.
Internet Protocol Address: We collect an Internet Protocol (IP) address from all visitors to the Site. An IP address is a number that is automatically assigned to your computer when you use the Internet. We use IP addresses to help diagnose problems with our server, administer our Site, analyze trends, and gather broad demographic information for aggregate use in order for us to improve the Site and deliver customized, personalized content. IP addresses are not linked to personally identifiable information.
Additional Uses: We use information in the file we maintain about you and other information we obtain from your current and past activities on the Site to troubleshoot problems and enforce our Terms of Use.
14c. Use of Cookies
We use cookies to enhance your experience while using the Site. Cookies are pieces of information that a Web site transfers to the computer that is browsing that Web site for record-keeping purposes. Use of cookies makes Web-surfing easier by performing certain functions such as saving your passwords and your personal preferences regarding use of the particular Web site.
14d. Compelled Disclosure of Information
We cannot ensure that all of your private communications and other personally identifiable information or Information will never be disclosed in ways not otherwise described in this Privacy Policy or these Terms of Use. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability. Therefore, although we will protect your privacy as described in this Privacy Policy, we do not promise, and you should not expect, that your personally identifiable information or private communications will remain private.
14e. How You may use Other User’s Information
By entering into the Terms of Use, you agree that, with respect to other Users’ personally identifiable information and health history information that you obtain through the Site, Internet EZ Quote hereby grants you a license to use such information only as expressly provided in the Terms of Use. In all cases, you must give other Users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as provided in the Terms of Use, may you disclose personally identifiable or health history information about another User to any third party without the consent of such other User.
14f. Spamming
Internet EZ Quote and its
Users do not tolerate unsolicited electronic mail (commonly known as “spam” or
“spamming”). Therefore, without
limiting the provisions of paragraph 14e above, you are not licensed to add any
Internet EZ Quote User to your mailing list (e-mail, regular mail, or fax)
without the express consent of such a User, or unless you have an established
business or personal relationship with such a User. For purposes of this Privacy Policy, “an established business or
personal relationship" means a prior or existing relationship formed by a
voluntary two‑way communication between you and another User, on the
basis of: (a) an inquiry, application, purchase or transaction by the person
regarding services offered by you; or (b) a personal or familial relationship,
which relationship has not been previously terminated by either party.
14g. Security
All Information, including personal, health history and contact information, entered on the Site is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt or scramble data before you send it to Internet EZ Quote. We also protect your Information by placing it on a secure portion of the Site, accessible only to those individuals and entities as provided in these Terms of Use. Keep in mind, however, that no data transmission over the Internet is 100% secure. While we strive to protect your Information from unauthorized access, we cannot ensure or warrant the security of the Information.
14h. Correct/Update
At any time, you can view your Information (including contact, personal and health history) by following the appropriate link on the home page. You will also have access to change, correct, modify, amend, or otherwise update your Information by following the appropriate link from the home page. If you are an Employer, you will have access to change, correct, modify, amend, or otherwise update your Employees’ Information.
14i. Other Web Sites
The Site and/or e-mail communications may contain links to other Web sites not owned, operated or controlled by Internet EZ Quote. Please note that when you click on one of these links, you are entering another Web site for which Internet EZ Quote has no responsibility. We encourage you to read the privacy statements on all such Web sites as their policies may be different from Internet EZ Quote’s.
14j. Changes to the Privacy Policy
This Privacy Policy is part of the Internet EZ Quote Web Site Terms of Use. As such, they may be amended as provided in Section 1 of these Terms of Use.
15.
GENERAL
15a. Applicable Law
This Site is controlled by Internet EZ Quote from its offices within the State of Idaho. The laws applicable to the interpretation of this Agreement shall be the laws of the State of Idaho (without regard to any conflict of law provisions thereof) as such laws are applied to agreements entered into and to be performed entirely within Idaho between Idaho residents.
15b. Severability
If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that part will be amended to achieve as nearly as possible the same effect as the original provisions and the remainder of this Agreement will remain in full force.
15c. Disputes with
Internet EZ Quote
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Idaho Falls, Idaho, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Internet EZ Quote may seek any interim or preliminary relief from a court of competent jurisdiction in Idaho Falls, Idaho necessary to protect the rights or property of you or Internet EZ Quote pending the completion of arbitration. No action arising under or relating to this Agreement may be brought by either party more than two years after the cause of action has occurred.
15d. No Waiver
Our failure to exercise or enforce any right or provision of this Agreement will not constitute our waiver of such right or provision.
15e. Complaints
Please feel free to contact Internet EZ Quote to
resolve a complaint regarding any aspect of service relating to this Site by
writing to the following address, sending e-mail to the following e-mail
address, or calling us. Upon your
request, you may have this Agreement sent to you by e-mail.
How to Contact Us:
Online: http://www.iezquote.com
E-mail: support@iezquote.com
Phone: (208) 525-8222
U.S. Mail: Internet EZ Quote, Inc., 3758 N.
Yellowstone Highway, Idaho Falls, Idaho 83401.
16. SYSTEM OUTAGE POLICY
Internet EZ Quote may occasionally experience an
outage during which time Users may not be able to input, update, or access
their Information. An outage is a
period of time in which no one can input, update, or access their Information,
or perform certain other resource-intensive activities because of an
unscheduled system outage. Internet EZ
Quote also periodically schedules downtime for maintenance.
Internet EZ Quote does not provide any warranty
in connection with our services and your only remedy if you are dissatisfied
with our services is to discontinue your use of such services. You are reminded
to read the Disclaimer and Limitation of Liability sections of our Terms of
Use.
DO YOU ACCEPT THESE TERMS OF USE?
I AGREE TO THESE TERMS OF USE
I DECLINE