Quesurance Group, LLC, doing business as Quesurance, (referred to in these Terms of Use as “Quesurance,” “we,” “us” or “our”), is the provider and operator of the websites Quesurance.Com, (coll
1. ELIGIBILITY. The Service is intended for individuals who are at least eighteen (18) years old. If you are not at least eighteen (18) years old, please do not access, visit or use the Service.
2. PRIVACY POLICY. In connection with your use of the Service, please review our Privacy Policy, located at Http://Www.Quesurance.Com/L
3. REGISTRATION. As a condition of using certain features of the Service, you will be required to register through the Service and select a password and user I.D. You may not: (a) select or use as a user I.D. a name of another person with the intent to impersonate that person; (b) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You shall be responsible for maintaining the confidentiality of your user I.D. and password. If you become aware of any unauthorized use of your password or of your account, you should notify us immediately at Support@Quesurance.Com.
4. PROHIBITED ACTIVITIES. You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following:
- Criminal or tortious activity, including fraud, spamming, copyright infringement, patent infringement, or theft of trade secrets.
- Using any information obtained from the Service in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent.
- Engaging in any automated use of the Service, such as using scripts to send comments or messages.
- Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service.
- Attempting to impersonate another user or person.
- Using the user I.D. or account of another user.
- Accepting payment of anything of value from a third person in exchange for your performance of any commercial activity on or through the Service on behalf of that person.
- Using the Service in a manner inconsistent with any and all applicable laws and regulations.
5. MANAGEMENT OF THE SERVICE. You acknowledge that we reserve the right, but have no obligation, to (a) take appropriate legal action against anyone who, in our sole determination, violates these Terms of Use, including, without limitation, reporting you to law enforcement authorities, (b) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and (c) otherwise manage the Service in a manner designed to protect the rights and property of Quesurance and users of the Service and to facilitate the proper functioning of the Service.
6. USE OF THE SERVICE. The Service and its contents and the trademarks, service marks and logos contained on the Service, are the intellectual property of Quesurance, its affiliates or its or their licensors or suppliers and constitute copyrights and other intellectual property rights of Quesurance, its affiliates or its or their licensors or suppliers under U.S. and foreign laws and international conventions. The Service, its contents and any data generated or produced using the Service may only be used for your informational, personal, non-commercial use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of Quesurance. You agree not to engage in the use, copying or distribution of the Service, any of its contents or any data generated or produced using the Service for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Service. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Service or to any contents contained on the Service. All rights not expressly granted in these Terms of Use are reserved by Quesurance. You are solely responsible for your interactions with other users of the Service.
7. TERMINATION OF YOUR USE OF THE SERVICE. We may suspend or terminate your use of the Service if you violate these Terms of Use or in our discretion where permitted by applicable law. We may also impose limits on or restrict your access to parts or all of the Service without notice or liability.
8. FEES AND CHARGES. If you elect to purchase products and services through the Service, the price of these products and services will be provided to you prior to purchase. By submitting payment through the Service, you authorize us to charge the applicable fees and any applicable taxes to the account you provide for payment. Except as expressly set forth herein or as required pursuant to applicable law, you will not be entitled to a refund of any fees.
9. SUBMISSION OF QUESTIONS AND FEEDBACK. If you submit opinions, suggestions, feedback and/or proposals to us through the Service, or through any other communication with us, you acknowledge and agree that: (a) the submissions you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the submissions you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the submissions you provide for any purpose, in any way, in any media worldwide; (d) the submissions you provide will automatically become the property of Quesurance without any obligation of Quesurance to you; and (e) you are not entitled to any compensation or reimbursement of any kind from Quesurance in connection with your submissions under any circumstances.
10. LINKS TO OTHER WEBSITES. The Service may contain links to third-party websites, resources or data. You acknowledge and agree that Quesurance is not responsible or liable for: (a) the availability or accuracy of these third-party websites, resources or data; or (b) the content, products, or services on or available from these websites, resources or data. You also acknowledge that you are solely responsibility for and assume all risk arising from the use of any of these websites, resources and data. Links to third party websites on the Service are not intended as endorsements or referrals by Quesurance of any products, services or information contained on the applicable websites. These Terms of Use do not apply to third party websites, including the content of and your activity on those websites. You should review third-party websites’ terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of third-party websites.
11. DISCLAIMER OF WARRANTIES. THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER QUESURANCE , ITS AFFILIATES NOR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SERVICE AND QUESURANCE EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH ANY INFORMATION, MATERIALS, OR SERVICES PROVIDED THROUGH THE SERVICE.
Quesurance is not an insurance provider. Quesurance does not make any representations or warranties regarding the quotes, terms, rates, coverage or services offered to you by insurance companies through the Service. Quesurance does not guarantee that the quotes, fees, terms, rates coverage or services offered by insurance companies through the Service are the best available.
The information provided through the Service is only a general description of insurance coverage that might be available for you to purchase. The precise coverage provided to you by any insurance company is subject to the terms, conditions, exclusions and company underwriting guidelines of the insurance policy issued to you by the applicable insurance company. The insurance policy you purchase, and not the general information made available through the Service, forms the contract between you and the insurance company. If you have any questions, please contact us by email at Info@Quesurance.Com or by phone at (866) 783-2121 to obtain advice from one of our licensed professionals before making any coverage decision.
12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLQUESURANCE, ITS AFFILIATES OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF QUESURANCE OR ITS AFFILIATES, OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QUESURANCE’S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED USD $100.
Where applicable laws do not allow warranties or terms to be excluded or liability to be limited, some of the above disclaimers and limitations may not apply and you may have additional rights. None of the exclusions or limitations in these Terms of Use will have the effect of limiting or excluding any liability to the extent such liability cannot be limited or excluded under applicable law.
13. VOID WHERE PROHIBITED. The Service is intended for users located in the those states in the United States in which Quesurance or any of its affiliates are licensed insurance agents or brokers. The Service is not intended as a solicitation for insurance in any state where Quesurance or any of its affiliates are not licensed. Although the Service may be accessible in other geographic locations, the features, products or services discussed, referenced, provided or offered as part of the Service are only available to users in the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. Any offer for any feature, product or service made available through the Service is void where prohibited by law.
14. UNAUTHORIZED TRANSACTIONS. In the event that you use a credit card to pay for any products or services offered through the Service, you are representing to Quesurance that you are authorized to use that credit card. Any violation of this requirement will be reported to the appropriate authorities.
15. INDEMNIFICATION. You agree to defend, indemnify and hold Quesurance harmless from and against any and all claims, damages, and costs, including attorneys’ fees, arising from or related to your use of the Service.
16. GOVERNING LAW AND JURISDICTION. These Terms of Use and any disputes relating hereto are governed by the laws of the State of New Jersey, USA without regard to principles of conflicts of laws, and by using the Service, you consent to the exclusive jurisdiction of the state and federal courts in the State of New Jersey, USA for resolution of any disputes relating to these Terms of Use and/or the Service, including litigation to enforce an arbitration award, and waive any objection thereto.
17. ARBITRATION AGREEMENT AND WAIVER OF CLASS REMEDIES.
a. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Use (including its formation, performance and breach) and the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Quesurance will pay the additional cost.The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
b. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
c. Exception – Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
d. Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Section by sending written notice of your decision to opt-out to: Info@Quesurance.Com. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
18. NOTIFICATION OF CHANGES. These Terms of Use may be amended by Quesurance from time to time. We will post any material changes to these Terms of Use on the Site with a notice advising of the changes at least thirty (30) days before the effective date of the changes. You may cancel your account prior to the end of the applicable thirty (30) day period by contacting us using the contact information in Section 28 below. If you choose to cancel your account within this thirty (30) day period, you will not be bound by the new terms.
19. NO ORAL MODIFICATIONS. Employees of Quesurance are not authorized to modify these Terms of Use, either verbally or in writing. If any employee of Quesurance offers to modify these Terms of Use, he or she is not acting as an agent for Quesurance or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Quesurance or anyone else purporting to act on our behalf.
20. NO THIRD PARTY BENEFICIARIES. These Terms of Use are between you and Quesurance. There are no third party beneficiaries.
21. INDEPENDENT CONTRACTORS. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Quesurance in any respect whatsoever.
22. NON-WAIVER. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
23. FORCE MAJEURE. Quesurance shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Quesurance’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation.
24. SEVERABILITY. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
25. ASSIGNMENT. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Use and our related rights and obligations without obtaining your consent.
26. ENTIRE AGREEMENT. These Terms of Use supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service or the contents of the Site. Modifications to the Terms of Use that are not posted on the Site are not valid unless made in writing and signed by an authorized representative of Quesurance. In the event of any conflict between these Terms of Use and any other agreement or understanding related to the Service these Terms of Use shall control.
27. NOTICES. In the case of notices we send to you, you consent to receive notices and other communications through posting of notices on the Site, or with regard to material changes to these Terms of Use or the Service, sending you an email at the email address you provided to us, or mailing a notice to you at the mailing address you provided to us. You agree that all agreements, notices, disclosures, and other communications that Quesurance provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
28. CONTACT US. If you have any questions about these Terms of Use or your account, you may contact us by email at Info@Quesurance.Com, by telephone at (866) 783-2121, or by postal mail at 446 River Styx Road., Suite C3, Hopatcong, NJ 07843.
