Effective as of August 28, 2014
These General Terms and Conditions of Use ("Terms") are entered into by and between you and leadinghealthquotes.com ("leadinghealthquotes.com" or "us"). In consideration of your use of and access to this Internet site, and other websites on which these Terms are posted or expressly referenced ("leadinghealthquotes.com Sites"), and the promises and obligations herein, and intending to be legally bound, you and leadinghealthquotes.com hereby agree as follows:
leadinghealthquotes.com shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the leadinghealthquotes.com Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the leadinghealthquotes.com Sites. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by leadinghealthquotes.com to these Terms. ANY ACCESS OR USE OF THE LEADINGHEALTHQUOTES.COM SITES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than leadinghealthquotes.com shall be valid or enforceable against leadinghealthquotes.com unless expressly agreed to by leadinghealthquotes.com in a writing signed by a duly authorized officer of leadinghealthquotes.com.
These Terms are effective until terminated by leadinghealthquotes.com. leadinghealthquotes.com may terminate these Terms without notice and at any time in connection with any of the leadinghealthquotes.com Sites. In the event of termination, you are no longer authorized to access those leadinghealthquotes.com Sites, and the restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
leadinghealthquotes.com shall also have the right without notice and at any time to terminate some or all of the leadinghealthquotes.com Sites or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the leadinghealthquotes.com Sites or any feature or portion thereof.
The leadinghealthquotes.com Sites are not intended for or directed at users under the age of 18.
While using leadinghealthquotes.com Sites, you agree that you will not:
The leadinghealthquotes.com Sites serve as a portal to facilitate insurance agents, insurance companies and other similar parties (each a "Provider") to offer for sale and to sell, insurance and other products to potential consumers who have applied through the Site to receive insurance or other authorized quotations from a Provider (each, a "Prospect"), and all Prospects and potential Prospects that use the leadinghealthquotes.com Sites are collectively called "Users" (and hereafter may be referred to as "you" or "your"). We may, with a Prospect’s authorization, collect certain information (a "Lead") about a Prospect and sell the Lead to a Provider. We are not responsible for the legality, safety or quality of the products offered for sale by a Provider, the accuracy or veracity of the representations regarding the products, the ability of Providers to sell the products or the ability of Prospects to pay for the products. For all purposes we are an independent contractor. We do not issue insurance contracts or bind coverage. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers or insurance policies or other related products offered by such Providers. We do not provide any type of insurance, tax, financial, legal or any other advice. We do not guarantee that any Providers to whom we send a Prospect’s application will contact the Prospect or agree to provide the Prospect with the requested insurance coverage. If you would like personal advice or insurance specific policy recommendations, please consult with a qualified professional. Be advised that we do not offer or sell any insurance or other products shown on the Site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by leadinghealthquotes.com on or through the leadinghealthquotes.com Sites, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. leadinghealthquotes.com may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on leadinghealthquotes.com in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by leadinghealthquotes.com or by third parties that have licensed their use to leadinghealthquotes.com. You may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, leadinghealthquotes.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the leadinghealthquotes.com Sites, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by leadinghealthquotes.com, is strictly prohibited.
leadinghealthquotes.com makes no representation that materials contained on leadinghealthquotes.com Sites or products described or offered at leadinghealthquotes.com Sites are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the leadinghealthquotes.com Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the leadinghealthquotes.com Sites from any territory where its contents are illegal, and that you, and not leadinghealthquotes.com, are responsible for compliance with applicable local laws.
LEADINGHEALTHQUOTES.COM MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE LEADINGHEALTHQUOTES.COM SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. LEADINGHEALTHQUOTES.COM ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE LEADINGHEALTHQUOTES.COM SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LEADINGHEALTHQUOTES.COM SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE LEADINGHEALTHQUOTES.COM SITES IS PROVIDED TO YOU "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE LEADINGHEALTHQUOTES.COM SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL LEADINGHEALTHQUOTES.COM, ITS PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE LEADINGHEALTHQUOTES.COM SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF LEADINGHEALTHQUOTES.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless leadinghealthquotes.com, its Providers, its vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the leadinghealthquotes.com Sites. You are solely responsible for interactions with our Providers and other users of leadinghealthquotes.com Sites. To the extent permitted by applicable law, you hereby release leadinghealthquotes.com from any and all claims or liability related to any product or service provided through the leadinghealthquotes.com Sites and any conduct, action, or inaction by our Providers. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the leadinghealthquotes.com Sites or any product or service provided to you arising out of or relating to your use of the leadinghealthquotes.com Sites.
leadinghealthquotes.com routinely contains links to external, third party websites. By providing links to other websites, leadinghealthquotes.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to leadinghealthquotes.com. leadinghealthquotes.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Users of leadinghealthquotes.com Sites assume complete responsibility and risk in their use of any external sites. Users should direct any concerns regarding any external link to its site administrator or webmaster.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflicts of law provisions. Additionally, any claims brought against leadinghealthquotes.com shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the leadinghealthquotes.com Sites, or any services provided through leadinghealthquotes.com Sites, shall be in the state or federal courts located in the Commonwealth of Virginia.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You agree to attempt in good faith to settle any dispute or claim that has or may arise between leadinghealthquotes.com and you, which arises out of or relates in any way to these Terms or your use of the leadinghealthquotes.com Sites or the Content, including, without limitation, any dispute or claim between you and our Providers (each, a "Claim"), by way of consultations between you and us, which consultations will be initiated upon written notice by any party to the other (the "Consultation Notice"). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought ("Demand"). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this Section 11. Any notice to leadinghealthquotes.com under this Section 11 should be addressed to: email@example.com ("Notice Address").
You agree to arbitrate all Claims between you and us that cannot be amicably resolved in accordance with the foregoing paragraph. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (a) claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (b) claims that could be alleged as class action Claims (and you agree to waive the right to participate in a class action in accordance with this Section 11). For the avoidance of doubt, references in this Section 11 to "leadinghealthquotes.com," "Providers," "we", "users", "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services, information or Content available through the use the leadinghealthquotes.com Sites. This arbitration agreement does not preclude you from bringing an individual action in small claims court or bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. You acknowledge and agree that, by entering into this arbitration agreement, you and leadinghealthquotes.com are each waiving our respective rights to a trial by jury or to participate in a class action. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. You further agree that this arbitration provision shall survive termination of this Agreement. Any arbitration under this Section 11 shall be governed by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Agreement (but expressly excluding the Supplementary Rules for Class Arbitration and any other AAA Rules that conflict with the waiver of class arbitration and representative proceedings below), and will be administered by one (1) arbitrator with relevant industry experience appointed in accordance with the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, without limitation, issues relating to the applicability and enforceability of this arbitration agreement. Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings under this Section 11 will take place in the county where you are domiciled.
If your Claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for in this Section 11, in any arbitration between you and leadinghealthquotes.com, all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above where Claims for damages do not exceed $10,000 shall be paid, at your written request, by us. Any request for payment of fees by us shall be submitted by mail to the AAA along with your demand for arbitration, and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT THIS AGREEMENT EXPRESSLY PROHIBITS CLASS ARBITRATION BY ANY PARTY. Further, unless the parties to the arbitration agree otherwise, the arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
With the exception of the provision in the preceding paragraph prohibiting class arbitration or representative proceedings, if an arbitrator or court decides that any part of this Section 11 is invalid or unenforceable, the other parts of this Section 11 shall still apply. In the event that the foregoing prohibition on class arbitration or representative proceedings is deemed invalid or unenforceable, then the entirety of this Section 11 shall be null and void. The remainder of the Terms, including, without limitation, Section 10 (Governing Law), will remain in force.
You may opt-out of this arbitration provision only by written notice to us at the Notice Address within thirty (30) days of your acceptance of this agreement, which notice shall include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
If we make any change to this arbitration provision (other than a change to the Notice Address) during the term of your relationship with us, that change shall not apply to any Claim against us initiated prior to the effective date of the change. The change shall apply to all other Claims that have arisen or may arise between you and us. We will notify you of changes to this arbitration provision by posting the amended terms on the Site or by email, in each case at least thirty (30) days before the effective date of the changes.
Notwithstanding anything to the contrary in these Terms, Providers shall be third party beneficiaries of the rights to dispute resolution and arbitration set forth in this Section 11, and each Provider shall have the right to enforce this Section 11 against users as if such Provider were a party to the agreement set forth in this Section 11 in the event of any dispute or claim between you and such Provider based on or relating to any transaction or interaction between you and such Provider that is enabled by or arises in connection with your use of the leadinghealthquotes.com Sites.
These Terms constitutes the entire agreement between the parties with respect to your access, use, and receipt of services from leadinghealthquotes.com Sites and supersede all prior agreements, negotiations and discussions between you and leadinghealthquotes.com relating to the same. There are no third-party beneficiaries of the agreement.
No waiver by leadinghealthquotes.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as described in Section 11, if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. Access to or use of the leadinghealthquotes.com Sites shall not be construed as leadinghealthquotes.com's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Virginia.
Last Updated: August 28, 2014