Last Updated: August 7, 2024
IMPORTANT: THESE TERMS INCLUDE A MANDATORY DISPUTE RESOLUTION PROVISION IN SECTION 19, UNDER WHICH YOU AND QUOTEWIZ EACH WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION PROCEEDINGS.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:
WHILE THESE TERMS CONTAIN SEVERAL IMPORTANT POINTS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON QUOTEWIZ'S LIABILITY ARE SET FORTH IN SECTIONS 14, 15, 16, AND 17.
The Services offered on our Site are owned and operated by QuoteWiz Insurance Solutions, LLC ("QuoteWiz"). These terms and conditions (the "Terms") govern your use of the Site and Services and apply to all users of our Service. By clicking "I Accept," "I Agree," "Submit," "Continue," "Next," "Get Started," "View Quotes," or any similar checkbox or button on the Site, by submitting your information to QuoteWiz, or by continuing to use any part of the Site or Services, you indicate your acceptance of these Terms. If you do not accept any portion of these Terms, you must immediately discontinue your use of the Site and Services.
QuoteWiz reserves the right, in its sole discretion, to change these Terms at any time. We will endeavor to provide notice of any material changes to these Terms on the Site. Regardless of such notice, your continued use of the Site and Services constitutes your agreement to be bound by any changes. Please review these Terms periodically for updates. The "Last Updated" date at the beginning of these Terms reflects the date when they were last revised. Any new features or tools added to the current Services will also be subject to these Terms.
Capitalized words used in these Terms shall have the following meanings:
The information and materials provided on the Site are for general reference only and may not encompass all the terms, conditions, and exceptions related to QuoteWiz's products and Services. All insurance coverages are subject to the specific terms and conditions set forth in the issued policies. Coverage options and their availability may vary based on your state and individual circumstances, and additional minimum coverage limits might be required in your jurisdiction. QuoteWiz's products and Services are available only in those areas where we are duly licensed to operate.
To use our Site and Services, you must meet several conditions, including, but not limited to:
By providing your phone number to us, you consent to receiving calls and text messages from QuoteWiz and our affiliates, agents, contractors, and telephony vendors. These communications may be sent using an automatic telephone dialing system, an artificial voice, or a prerecorded message—even if your number is listed on any do-not-call registry. To opt out, reply with "END" to any text message or email us at support@quotewiz.ai. Message and data rates may apply. Please note that consenting to these marketing communications is optional, and you may unsubscribe at any time. Opting out will not affect your receipt of account- or service-related messages from QuoteWiz.
To use our Site and/or Services, you may be required to register by creating a user account ("QuoteWiz Account"). When registering, you must provide the personal information we request. By using our Services and creating a QuoteWiz Account, you agree to submit accurate, complete, and up-to-date information, and to update it promptly to ensure it remains accurate and current. You are responsible for all activity that occurs under your QuoteWiz Account and for maintaining the confidentiality of your username and password. Please notify us immediately if you suspect any unauthorized use of your account. QuoteWiz is not responsible for any losses incurred due to unauthorized access resulting from your failure to safeguard your credentials. Each user may hold only one QuoteWiz Account. We reserve the right to reject or terminate any QuoteWiz Account at our discretion, without prior notice or explanation. Any suspension or termination of your account does not limit or waive any other rights or remedies we may have against you.
You understand and agree that using QuoteWiz's Services may result in charges for insurance products or coverage provided by third-party insurance providers ("Carriers"). You are responsible for all taxes and fees associated with your use of our Services.
QuoteWiz may facilitate your payment of fees, premiums, and/or taxes on behalf of the Carriers as their limited payment collection agent. All charges will include applicable taxes as required by law. Unless otherwise stated in the applicable insurance policy, all charges are final and non-refundable. Payment for Carrier fees and premiums is due according to the selected payment plan and will be processed by QuoteWiz. A receipt will be issued either by QuoteWiz or, where applicable, by our Insurance Partner. Please note that QuoteWiz may utilize third-party payment processors to handle payments, which may subject your transaction to additional terms set by those processors.
QuoteWiz reserves the right, at any time and at its sole discretion, to modify or discontinue the Site, Services, or any portion of Content—whether for all users or for an individual QuoteWiz Account—without prior notice. Additionally, QuoteWiz reserves the right to reclaim or repurpose any username or URL on the Site. We shall not be liable to you or any third party for any modifications, suspension, or discontinuation of the Site or Services.
All Content on the Site is provided solely for your personal, lawful, non-commercial use in connection with seeking insurance. Use of the Site or Services by a competitor or any non-consumer third party is prohibited. You agree not to use the Site or Services for any unlawful purpose, including without limitation:
Furthermore, you acknowledge that:
QuoteWiz, its affiliates, and licensors own or license all Intellectual Property rights in and related to the Site, Services, and Content. Such Intellectual Property is protected by copyright, trademark, and other laws, both in the United States and internationally, and will remain the exclusive property of QuoteWiz. You agree not to copy, distribute, display, reproduce, or otherwise exploit any Content on the Site without prior written permission from QuoteWiz. You also agree not to download, modify, create derivative works of, reverse-engineer, or otherwise attempt to access the source code or underlying structure of the Site or any Content, unless expressly permitted in writing by QuoteWiz.
Notwithstanding the foregoing, you retain ownership of Your Information. By using our Services, you grant QuoteWiz and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works of, and use Your Information and Usage Data for any legitimate business purpose in compliance with applicable law. No credit, approval, or compensation is due to you for such use. Similarly, any feedback you provide to QuoteWiz regarding the Site or Services ("Feedback") will be subject to a similar royalty-free, non-exclusive, irrevocable, and perpetual license, and no further compensation or credit will be provided.
QuoteWiz takes copyright infringement seriously. We have designated a Copyright Agent in accordance with the Digital Millennium Copyright Act (DMCA) to help limit our liability. If you believe that your copyrighted work has been infringed, please provide QuoteWiz with a notice containing:
Please send your notice to our Copyright Agent at support@quotewiz.ai. You may also mail a letter to:
Copyright Agent
QuoteWiz Insurance Solutions, LLC
[Your Address Here]
Although U.S. law does not require a similar process for trademark infringement, if you believe your trademark rights have been violated, please provide similar information, and we will address the claim promptly.
The Site may include links to websites hosted by third parties ("Third-Party Sites"), or Third-Party Sites may contain links to our Site. These links are provided solely for informational purposes and should not be interpreted as an endorsement or referral by QuoteWiz. Third-Party Sites are maintained by their respective owners and are governed by their own terms of service and privacy policies. We encourage you to review those policies as QuoteWiz is not responsible for the content or practices of Third-Party Sites.
YOUR USE OF OR RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED THROUGH THE SITE, SERVICES, OR CONTENT IS AT YOUR OWN RISK. THE SITE, SERVICES, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." QUOTEWIZ, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS, AND OTHERS INVOLVED IN MAKING THE SITE, SERVICES, OR CONTENT AVAILABLE (COLLECTIVELY, THE "QUOTEWIZ PARTIES") MAKE NO WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. THIS INCLUDES WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, OR NON-INFRINGEMENT.
FOR EXAMPLE, THE QUOTEWIZ PARTIES DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR VIRUS-FREE, nor do they warrant the accuracy, reliability, or timeliness of any Content.
YOU AGREE THAT QUOTEWIZ IS NOT LIABLE FOR DAMAGES CAUSED BY THIRD PARTIES, OR FOR ANY ACTION TAKEN BY AN ADMINISTRATOR, EMPLOYEE, OR OTHER USER THAT RESULTS IN HARM TO YOU, EVEN IF QUOTEWIZ IS AWARE OF THE POTENTIAL FOR SUCH ACTIONS.
IF YOU ARE A RESIDENT OF A JURISDICTION REQUIRING A SPECIFIC RELEASE STATEMENT, YOU HEREBY WAIVE THE APPLICABILITY OF SUCH PROVISIONS (FOR INSTANCE, CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR STATUTE) TO THE MAXIMUM EXTENT PERMITTED BY LAW.
From time to time, QuoteWiz may incorporate features or capabilities that utilize artificial intelligence, machine learning, or similar technology ("AI Functions") as part of our Site or Services. YOU ACKNOWLEDGE THAT ANY INFORMATION, MATERIALS, OR ADVICE OBTAINED THROUGH AI FUNCTIONS IS PROVIDED AT YOUR SOLE RISK. YOU SHOULD VERIFY ANY FACTUAL ASSERTIONS AND ASSESS THE FUNCTIONALITY AND SUITABILITY OF ANY OUTPUT FROM AI FUNCTIONS INDEPENDENTLY. NO WARRANTY, EXPRESS OR IMPLIED, IS MADE REGARDING THE AI OUTPUT, AND ALL DISCLAIMERS SET FORTH IN THESE TERMS APPLY TO AI FUNCTION OUTPUT.
Moreover, you may not use the AI Functions or any output from them to:
In no event shall the QuoteWiz Parties be liable for any indirect, incidental, special, consequential, or punitive damages, or any damages whatsoever—including, without limitation:
To the maximum extent permitted by law, the aggregate liability of the QuoteWiz Parties under these Terms, or arising from your use of the Site or Services, shall not exceed the total amount you paid to QuoteWiz (if any), or, if no amount was paid, $100.
For jurisdictions that do not allow such limitations, QuoteWiz's liability will be limited to the smallest extent permitted by law, and we do not disclaim liability for (a) death or personal injury caused by negligence, (b) fraudulent misrepresentation, or (c) any liability that cannot be legally excluded.
You agree to indemnify and hold harmless the QuoteWiz Parties from any claims, damages, losses, or expenses (including reasonable attorneys' fees and court costs) arising out of or related to your use of the Site, Services, or Content, or your breach of these Terms. This indemnification obligation extends to defending QuoteWiz against any claims brought by third parties. In the event of such a claim, you shall be liable for all resulting damages as if QuoteWiz had pursued the matter through trial.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware. The formation, offer, and acceptance of these Terms are deemed to have occurred in Delaware.
You agree that any dispute arising from or relating to these Terms will be resolved exclusively in a court of competent jurisdiction in the State of Colorado. If you initiate a dispute outside of this forum, you agree that QuoteWiz may seek dismissal of the dispute and that you will be responsible for our reasonable attorneys' fees, court costs, and other related expenses.
BY AGREEING TO THESE TERMS, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDINGS RELATING TO ANY CLAIM ARISING FROM THE SITE OR SERVICES.
You agree that QuoteWiz shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by events beyond our reasonable control. These events include, without limitation, acts of God, war, insurrections, riots, terrorism, criminal acts, labor shortages (including strikes whether lawful or unlawful), embargoes, postal or communication disruptions, unavailability of payment processors, infrastructure failures, material shortages, or any other event beyond our control.
If any provision of these Terms is found to be unlawful, unenforceable, or in conflict with another provision, the remaining provisions shall continue in full force and effect as if the unenforceable provision had not been included. In the event of conflicting provisions, QuoteWiz shall have the sole discretion to determine which provision remains in effect.
QuoteWiz reserves all rights under these Terms and applicable law. Our decision not to enforce any particular provision of these Terms or any applicable law shall not be deemed a waiver of our right to enforce that provision in the future under similar or different circumstances.
QuoteWiz may terminate your access to our Services at any time, in our sole discretion and without prior explanation, though we will make reasonable efforts to provide notice in most cases. Under no circumstances shall QuoteWiz be liable for any losses resulting from actions taken by other users or as a consequence of terminating your access.
You may not assign or transfer your rights or obligations under these Terms to any third party without QuoteWiz's prior written consent. QuoteWiz reserves the right to assign its rights or obligations under these Terms to any third party at its discretion.
In accordance with California Civil Code Section 1789.3, any questions regarding pricing, complaints, or inquiries about QuoteWiz should be directed to our designated agent via certified mail. For the most current contact information for our agent, please send a request to support@quotewiz.ai.
Additionally, California consumers may file complaints with:
The Complaint Assistance Unit of the Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Sacramento, CA 95834
or by telephone at (916) 445-1254 or (800) 952-5210.
Last updated: August 7, 2024