Last Modified: September 15th, 2011
THE FOLLOWING DESCRIBES THE TERMS ON WHICH GETAQUOTE.COM OFFERS YOU ACCESS TO OUR SERVICE.
The Service available at the web site http://www.GetAQuote.com ("This Site") and the toll-free phone number 1800-GetAQuote / 1800-438-2786 ("Hotline") is managed and operated by GetAQuote.com ("GAQ", "we", "our"), a Florida company. This Site is provided to you ("You", "Your") under the following terms and conditions ("This Agreement"). If You do not agree to be bound by the terms and conditions of This Agreement, do not use our Service.
GAQ may amend This Agreement at any time on This Site. It is Your responsibility to review This Agreement at the time You use our Service.
GAQ offers offers a free Service that enables You to get pricing information from businesses("Sellers") which can include referral networks, comparison shopping web sites, brokers, agents, retailers and service providers.
GAQ provides the following tools for You to use in connection with our Service.
a) Index Of Product and Service Categories - This index resides on This Site and includes links that directly connect You to different Seller web sites or to request forms on This Site.
b) Request Forms - You can use request form that reside on This Site to submit information to a specified number of Sellers who offer the products or services You are interested in. These request forms may only be available for certain products or services, within certain market locations. If GAQ does not offer a request form within a given category, then, we will provide a link to a Seller's web site, which may have its own request forms.
c) Hotline(currently not active) - You can call our Hotline and enter an extension to be transferred directly to a Seller representative. If a Seller representative is not available, You may be able to leave a voice message on their phone system or we may transfer You to an extension on our Hotline where You can leave a "Voice Request". Our Hotline system will tell You if You are transferred to Voice Request extension. Voice Request will be sent to one or more specified number of qualified Sellers.
d) GetAQuote ALERT$ - You can subscribe to our e-mail newsletter on This Site to receive news about special product and Service promotions available in Your local market.
GAQ does not charge You to use our Service, rather, GAQ is financially supported by Sellers within our vendor network.
You agree to use common sense and practice safe trading when using our Service. When applicable, You agree to provide true, accurate, current and complete information to GAQ and Sellers when using the Service. You may not allow anyone else to use Your email address and You may not use anyone else's email address while using the Service. You agree to notify GAQ immediately of any unauthorized use of Your email or any other breach of security. You agree not to use this Service...
You agree that GAQ has the right (but not the obligation) to screen information You submit to This Site and our Hotline.
You agree that we may, at our sole discretion, deny any request or remove content that You provide using our Service that is in violation of these terms and conditions.
As a part of This Agreement You consent to our Privacy Policy located at the following URL: http://GetAQuote.com/htm/priacy_policy.htm
Because we are not involved in the actual transaction between You and Sellers, in the event that You have a dispute, for any reason, You release GAQ (and any officers, directors, agents, and employees thereof) from claims, demands, and damages (actual or 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 disputes. 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."
You acknowledge and agree that This Site and Service and any necessary software used in connection with This Site or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on This Site or presented to You through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by GAQ, You agree not to modify, sell, distribute or create derivative works based on This Site, Service or software, in whole or part.
From time to time, GAQ may (and has the right to) send You information and offers about upgrades, documentation, special announcements and other services offered by GAQ. Notwithstanding the foregoing, under no circumstances will GAQ or any of its partners have any obligation to provide You with upgrades, enhancements, modifications, or support for the Service or Sites.
You agree to indemnify and hold GAQ, its subsidiaries, affiliates, officers, employees and partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following: Your use of the Service, use of Your account by any third party, Your purchase or use of products or services offered by Sellers, the violation of This Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.
You use GAQ's Service at Your own risk. OUR SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER GAQ NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the above limitations may not apply to You.
Since we do not charge for our Service, You agree GAQ is not obligated, as the law permits, to provide our Service to You for any reason that may prevent us from doing so.
GAQ is not involved in the actual transaction between You and Sellers, consequently, GAQ cannot ensure that Sellers will respond to Your request or that a transaction will occur as a result of using our Service. Further, if a transaction does occur, GAQ has no control over the quality, safety or legality of the products or services sold/rendered by Sellers.
IN NO EVENT SHALL GAQ OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH This Site, THE USE OR THE INABILITY TO USE THE SERVICE OR This Agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS TO You OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT FEES You PAY US IN THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to You.
This Agreement constitutes the entire agreements between You and GAQ. The rights and obligations of the parties under This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather such rights and obligations shall be governed in all respects by the laws of the State of Florida. The state or local courts in Hillsborough County, Florida, and/or the United States District Court for the West Central District of Florida will have exclusive jurisdiction and venue over all controversies in connection herewith, and each party hereby consents to such exclusive and personal jurisdiction and venue. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to This Agreement shall be in the English language. 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. If any provision of This Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that This Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by You without GAQ's prior written consent. GAQ may assign This Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of This Agreement and You do not have any authority of any kind to bind GAQ in any respect whatsoever. Headings are for convenience only and have no legal or contractual effect. All notices under This Agreement shall be in writing and shall be deemed to have been duly given when we post an update to This Agreement on This Site or when receipt is electronically confirmed by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.