INSURANCECENTER.COM (THE SITE) IS A PRIVATELY OWNED, FOR-PROFIT WEBSITE. THE SITE SPECIFICALLY DISCLAIMS ANY AND ALL CONNECTION WITH ANY STATE BUREAU, DIVISION, OR ANY STATE OR FEDERAL GOVERNMENT AGENCY. FURTHERMORE, INSURANCECENTER.COM IS NOT DIRECTLY AFFILIATED WITH ANY INSURANCE CARRIERS. INSURANCECENTER.COM STRIVES TO PROVIDE ACCURATE INFORMATION BUT DOES NOT CLAIM RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION DISPLAYED HEREIN. IT IS NOT COMPLETE OR CERTIFIED INFORMATION. THE INFORMATION PROVIDED ON INSURANCECENTER.COM IS NOT COMPREHENSIVE INSURANCE ADVICE. ADDITIONALLY, THE SITE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THIRD-PARTY LINKS OR RESOURCES ON THE SITE AND ANY CLAIMS OF NEGLIGENCE ARISING FROM THE SAME.
This Policy will inform you of the categories of personal information, including personally identifiable information, that we collect and categories of third parties with whom the information may be shared. The phrases "personal information" and "personally identifiable information" (PII) mean any information used or intended to be used to identify a particular individual, including name, address, telephone number, email address, financial account number, and government-issued identifier, and any other data that may tie back to a user’s personal data. This Policy is applicable only to this Site and not to any other websites that you may be able to access from this Site, each of which may collect data and use that data in a manner that materially differs from this Policy.
You may visit our Site without revealing any of your personal information, but as a condition to using certain aspects of the Site or any services provided in connection with the Site (the “Service”), you are required to register with InsuranceCenter.com and represent and warrant that you provide InsuranceCenter.com with accurate and complete registration information. Failure to do so may result in immediate termination of your account.
Various functions of the Site require the submission of personal and personally identifiable information such as your name, email, gender, birthday, and zip code. You may be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, email address, or password of another member at any time or to disclose your password to any third party.
We record many of the actions on the site, such as:
These actions, and this information, may be provided to advertisers or other partners as a method of targeting advertisements, both on and off the Site, or otherwise personalizing your experience on the site.
We display your name in your account in connection with some of the actions you take on InsuranceCenter.com. If you wish to contact us through email, you will be requested to provide personal information, including your full name and email address.
When you fill out a form for an insurance quote on InsuranceCenter.com, you provide us with personally identifiable information which may include, but is not limited to, your full name, date of birth, driver’s license number, and address information depending on the state’s individual requirements. We keep track of some of the actions on the Site such as completing steps in a form.
Also when you visit the Site, we may collect the following types of anonymous information: the Internet domain address, IP address, domain server, type of computer, and type of web browser used to visit our Site. That type of information (often referred to as “traffic data”) will remain anonymous and is not considered personal information unless you voluntarily tell us personally identifiable information and it is combined with the traffic data. Traffic data helps us analyze how the Site is used, provides demographic data, and improves your experience on the Site. We may share anonymous traffic data and results of analysis of traffic data. To the extent that you share any personal information with us, we limit access to such information to authorized individuals within our Company and to affiliated and unaffiliated third parties who work with us on marketing, product development, service enhancement, and other similar matters.
If you are interested in advertising on this Site, you will also be requested to provide personal information, including but not limited to your full name, email address, telephone number, company name, and company title. Any such personal information will not be stored on or be accessible via this Site and will not be used for marketing purposes.
Like many websites, we use computer "cookies," which are small amounts of data that we transfer to your computer's hard drive through your web browser. We collect the information in the cookie when you visit the Site. The cookies enable our systems to recognize you, provide features to you, track your visits, and/or analyze your use of the Site. You may be able to set your browser to reject cookies or to ask you whether to accept a particular cookie. There are also third-party utilities designed to help you visit websites anonymously. If, as a result of your settings, we cannot recognize you, we will not be able to provide you with a personalized experience at our Site.
This Site contains links to other websites. If you use these links, you will leave this Site. These third-party websites may include, but are not limited to, advertisers, retailers, and service providers. In addition, these third-party websites may display trademarks, trade names, and other forms of intellectual property that we may own. However, although certain third-party websites may appear to be part of this Site, this Site does not necessarily own or operate any of these third-party websites and is not responsible for the privacy policies, practices, or contents of such websites. Examples of such third-party website links include, but are not limited to, websites that offer driving courses, driver’s education, driving records, criminal records and background checks, motor vehicle records or other personal or public records, and products and services of third-party advertisers, such as auto insurance. These third-party websites may collect personally identifiable information that may include your name, email, credit card number and expiration date, CVV number, mailing address, telephone number, Social Security number, birth date, driver's license number, and other financial information. Please refer to the privacy policies of such third-party websites for information on what kinds of personally identifiable information such websites collect and their respective privacy practices, terms, and conditions. We do not warrant or make any representations about any such websites, or any information, software, or other products or materials found therein or any results that may be obtained from using such websites. If you decide to access any of the third party sites linked to this Site, your access, use of, or interaction with such other websites is entirely at your own risk. To protect your information, we recommend that you carefully review the privacy policies of other third-party websites and services that you access.
The Site is a general audience site, and we do not direct any of our content specifically at children under 13 years of age. If you are under 13, please do not attempt to register as a member or send any information about yourself to us. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account. If you become aware that a child has provided us with personal information without parental consent, please contact us here. This Site understands and is committed to respecting the privacy of children online.
You may choose not to receive commercial emails from us by following the instructions contained in any of the commercial emails we send or by logging into your account and adjusting your email preferences. Please note that even if you unsubscribe from commercial email messages, we may still email you non-commercial emails related to your account and your transactions on the Site. You may update your subscription preferences at any time.
We are committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your personal information, no company, including us, can fully eliminate security risks associated with personal information. The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you. Please keep in mind, however, that whenever you give out personal information online, there is a risk that third parties may intercept and use that information. While the Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Site and that any personal information, general information, or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume.
"Do Not Track" ("DNT") is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. We honor DNT signals and do not track, plant cookies, or use advertising when a DNT browser mechanism is in place. For further details regarding DNT, visit donottrack.us. Further, we do not allow third-party behavioral tracking.
California Civil Code Section 1798.83, also known as S.B. 27 or the “Shine the Light” law, allows individual customers who have provided their personal information to us to request information about our disclosure of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us by contacting us in accordance with the “Contact Us” section below. Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SITE AND THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
Attn: Website Administrator
364 2nd Street, #1
Encinitas, California 92024
When contacting us, please clearly state your request, including your name, mailing address, email address, and phone number.
We reserve the right, at any time and without notice, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site. Any such change, update, or modification will be effective immediately upon posting on the Site. Information we gather is subject to the Policy in effect at the time of use. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms. If you have any other questions about the Site or this Policy, please send us an email and we will respond in a reasonable timeframe, normally within 48 hours. The effective date of this Policy is April 2018, with the last update to this Policy occuring in May 2018.
INSURANCECENTER.COM IS NOT DIRECTLY AFFILIATED WITH ANY INSURANCE CARRIER. INSURANCECENTER.COM STRIVES TO PROVIDE ACCURATE INFORMATION, BUT DOES NOT CLAIM RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION DISPLAYED HEREIN. THE INFORMATION PROVIDED ON INSURANCECENTER.COM, INCLUDING BUT NOT LIMITED TO INSURANCE QUOTES, INSURANCE ADVICE, AND INSURANCE POLICY INFORMATION, IS NOT COMPREHENSIVE, COMPLETE, OR GUARANTEED TO BE ACCURATE. ADDITIONALLY, THE SITE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THIRD-PARTY LINKS OR RESOURCES ON THE SITE AND ANY CLAIMS OF NEGLIGENCE ARISING FROM SAME.
By using this Site for service, you acknowledge that:
Anywhere in this Agreement where we refer to your use of InsuranceCenter.com Service, we mean to include:
Keep in mind, we may update this Agreement; read it every time you use this Site.
2. COPYRIGHT AND TRADEMARKS. The content, information, organization, graphics, designs, compilation, digital conversion, and other materials published on or used on this Site, including but not limited to articles, opinions, text, directories, guides, photographs, illustrations, and images, as well as the trademarks, logos, domain names, trade names, service marks, and any other forms of intellectual property (collectively, "Materials"), are owned by the Company, its affiliates, partners, and others, and are protected by law.
UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DUPLICATING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED. PLEASE NOTE THAT THIS PROVISION ONLY APPLIES TO SITE MATERIAL AND DOES NOT INCLUDE MATERIALS FOUND THROUGH LINKING TO ANOTHER SITE NOT OWNED BY THE COMPANY.
You do not and cannot acquire any ownership rights to any Materials viewed through this Site without our express written permission or the express written permission of the appropriate owner. The posting of Materials on this Site does not grant you any express or implied license to the Materials, other than to view the Materials for your personal information and education, and the presence of Materials on this Site does not constitute a waiver of any of our rights to the Materials. All rights in the Materials, including any moral rights, are expressly reserved.
3. THIRD PARTY AND AFFILIATED WEB SITES. We have no control over, and no liability for, any third-party websites or materials, including advertisers. We work with a number of partners or affiliates, including advertisers, for whom we have placed links on this Site to their websites. We have no control over the content and performance of these partner and affiliate sites and make no guarantees, representations, or warranties about the accuracy, currency, content, or quality of information provided by such sites, any products or services provided by such websites, any results that may be obtained from using such websites, the legality of the products or services provided by such sites, or the privacy or other practices of such websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. UNLESS EXPRESSLY SO STATED, THE INCLUSION OF A LINKED SITE IS FOR YOUR CONVENIENCE ONLY AND IS NOT INTENDED AND SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR RECOMMENDATION OF THE LINKED SITE OR ITS CONTENT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY SITES LINKED TO THIS SITE, INCLUDING THOSE THAT WE RECOMMEND, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND OUR RECOMMENDATION DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF THEIR SERVICES OR PRODUCTS. THE INCLUSION OF A LINKED SITE OF A GOVERNMENTAL AGENCY, INCLUDING BUT NOT LIMITED TO ANY STATE MOTOR VEHICLE DEPARTMENT, IS ALSO DONE FOR YOUR CONVENIENCE. OUR LINKING TO SUCH A SITE SHOULD NOT BE CONFUSED WITH THE FACT THAT WE ARE A PRIVATE, NON-GOVERNMENTAL, FOR-PROFIT BUSINESS UNRELATED TO SUCH GOVERNMENTAL AGENCY OR STATE MOTOR VEHICLE DEPARTMENT.
THE COMPANY AND ITS AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES, OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEBSITES THAT LINK TO OR FROM THIS SITE. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD-PARTY WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY ORDER, ENTRY, FULFILLMENT, PAYMENT PROCESSING, SHIPPING, CANCELLATIONS, RETURNS, OR CUSTOMER SERVICE CONCERNING ORDERS OF PRODUCTS OR SERVICES FROM WEBSITES OWNED OR OPERATED BY ANY THIRD PARTY.
4. LINKING POLICY. The Materials on this Site contain intellectual property that is protected from unauthorized use, copying, and dissemination by copyright, trademark, and other laws. If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute, or tarnish the goodwill associated with the Company, this Site, or any affiliated websites or companies, or any intellectual property of the foregoing, nor may the link or a reference to the link include a false statement that your website and/or organization is sponsored, endorsed by, affiliated, and/or associated with the Company or this Site, or any affiliated websites or companies. You agree that you will not link to this Site from any source that is unlawful, abusive, indecent, or obscene, or that promotes violence or illegal acts, or that contains expressions of racism, or that is libelous, defamatory, scandalous, inflammatory, or otherwise inappropriate. Under no circumstances may you frame this Site or alter its intellectual property or content in any way. We are not responsible for the content of any website that may link to this Site.
5. PROHIBITED ACTIONS. We impose certain restrictions on your permissible use of this Site. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of this Site, or any associated network or system, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, flooding, spamming, mail bombing, or crashing; (d) using this Site to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information of any e-mail; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability.
6. WARRANTY DISCLAIMER. THE SITE AND ALL SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE OR SERVICES IS AT THE CLIENT'S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY, OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, SERVICES, OR ANY DATA, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES, NOT-UP-TO-DATE INFORMATION, OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR ANY OF THE SERVICES; (iii) DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS THEREFROM; AND (v) YOUR USE OF THE SITE OR ANY SERVICES OR DATA. FURTHER, THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS, ECONOMIC OR OTHERWISE, THAT MAY BE OBTAINED BY USE OF THE SITE, SERVICES, OR ANY DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ANY RELATED ENTITIES SHALL NOT BE LIABLE FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF SERVICE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY, OR UNDER ANY OTHER CAUSE OF ACTION OR THEORY OR FORM OF ACTION, EVEN IF THE COMPANY AND ANY RELATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) SERVICE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY OR ANY RELATED ENTITY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE THIS SITE, THE MATERIALS OR ANY SERVICES, THIRD-PARTY PRODUCTS OR SERVICES, WEBSITES LINKED TO OR FROM THIS SITE, OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY OR ANY RELATED ENTITY RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THIS SITE, THIRD-PARTY PRODUCTS OR SERVICES, OR WEBSITES LINKED TO OR FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SERVICE PROVIDERS AND ADVERTISERS, THOSE WITH WHOM THE COMPANY CONTRACTS TO OPERATE VARIOUS PORTIONS OF THIS SITE, AND THOSE TO WHOM THE COMPANY PROVIDES LINKS FOR CONTENT, ADVERTISING, AND/OR ANY OTHER TYPE OF DATA OR INFORMATION.
ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OR OTHER MATERIALS ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO OBTAIN A REFUND OR CANCELLATION, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF COMPANY AND ANY RELATED ENTITIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) SERVICE SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU OR ONE HUNDRED DOLLARS ($100.00) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
BY ACCESSING THIS SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "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."
9. COMMENTS AND INQUIRIES. Any response from the Company to any inquiries are for information and educational purposes only and should not be interpreted as advice of any type.
10. NOTICES. Communications made through this Site or the Site's e-mail or messaging system shall in no way be deemed to constitute legal notice to the Company or any of its officers, employees, agents, or representatives, such as where notice to the Company is required by contracts, or any Government laws, rules, or regulations.
All legal notices should be directed to our corporate address (“Corporate Address”):
Attn: Legal Department
364 2nd Street, #1
Encinitas, California 92024
11. COPYRIGHT INFRINGEMENT. We respect the intellectual property of others, and we ask you to do the same. The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. If you are a copyright owner or an owner's agent and find any content on the Site that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know of, or have a good faith belief that your rights or the rights of a third party have been violated, and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information in writing: (A) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (B) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (C) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (D) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (E) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (F) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company’s Corporate Address, provided above.
13. TERMINATION. Either you or we may terminate your access to the Site at any time, with or without cause, and with or without prior notice. If you want to terminate your legal agreement with us, you may do so by notifying the Company at our Corporate Address. Without limiting the foregoing, we may terminate your access if you violate this Agreement. Upon termination for any reason, your right to access and/or use our Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files, or materials in or related to your account. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to the Site and to your account and/or as a result of the deletion of any information, files, or materials in or related to your account.
Upon any termination, discontinuation, or cancellation of your account or products or services that you purchase through the Site, all provisions of this Agreement which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. Upon any termination of your account by you or us, you will continue to be obligated to pay all amounts owing under this Agreement, which are due and payable prior to such termination and related to any products or services that you purchased through the Site.
14. GOVERNING LAW. You agree that all matters relating to your access to or use of the Site, including all disputes, are governed by and construed in accordance with the laws of the United States and the State of California, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of San Diego, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
15. DISPUTE RESOLUTION..
To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection (E) and send a letter requesting arbitration and describing your claim to our Corporate Address. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Company will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, the Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
B. No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding, or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action. The arbitrator does not have the power to vary these provisions.
C. Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in San Diego County, California; (ii) you and the Company irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and the Company agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and the Company agree to waive any right to a trial by jury.
D. Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 6 (Prohibited Actions) of this Agreement.
E. Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
F. Severability. With the exception of subsection (B) above, if any part of this section is ruled to be unenforceable, then the balance of this section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If subsection (B) above is ruled to be unenforceable, then subsection (A) shall be deemed unenforceable, but the rest of this section shall remain in full effect.
16. JURY TRIAL AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR YOUR ACCESS AND USE OF THE SITE. YOU FURTHER AGREE THAT ANY AND ALL DISPUTES OR CONTROVERSIES BETWEEN YOU AND THE COMPANY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND SHALL NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PARTIES. YOUR WAIVER OF THE RIGHT TO BRING ANY DISPUTE AS A CLASS ACTION SHALL NOT BE DEEMED UNENFORCEABLE EVEN IF THE GOVERNING STATE LAW WOULD OTHERWISE PERMIT THE ACTION TO BE FILED AND PROSECUTED AS A CLASS ACTION.
17. MODIFICATION OF TERMS. The Company reserves the right to revise this Agreement at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions; therefore, you should visit this page from time to time to review the then-current Agreement. This Agreement and any modifications thereto are valid and binding upon you.
18. SEVERABILITY/WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
19. CALIFORNIA USE ONLY. The Site is controlled and operated by the Company from its offices in the State of California. Company makes no representation that any of the Materials or the Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
20. INTERNATIONAL USE. We control and operate the Site from our offices in the State of California, United States of America, and all information is processed within the United States. We do not represent that Materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from outside the United States do so voluntarily and are responsible for compliance with their local laws.
21. CALIFORNIA USERS—CONSUMER RIGHTS NOTICE. Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You may also contact us in writing regarding any inquiries, questions about pricing, or complaints by mail at our Corporate Address.
22. ACKNOWLEDGEMENT. BY ACCESSING THIS SITE OR USING THE INFORMATION OR SERVICES AVAILABLE THROUGH THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND THEREBY.
Last revised April 5, 2018.