HOMEINSURANCECALCULATOR.INFO TERMS OF SERVICE
Last update: Apr, 27, 2013
Abstract: This website is for educational purposes only, and intends to deliver complementary information to professional advice by specialists. Even though our writers are specialists in their very fields, their statements should be taken as general opinions, which might not apply to you and your situation.
Throughout this document, the words “HomeInsuranceCalculator.info,” “us,” “we,” and “our,” refer to the owner of the website, our website, HomeInsuranceCalculator.info, or our service, HomeInsuranceCalculator.info, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
Modifications to our Terms of Service may be made from time to time, your continued use constitutes acceptance of such modifications.
You must be 18 years or older to use our website. If you are under the age of 18 please stop using our website immediately and do not submit any information to us.
2. Description of Service
Our website helps users make decisions on what home insurance coverage is appropriate for them. We produce and host guides that help users make decisions on what the appropriate insurance coverage for them is by using factors such as their state of residence and the type of coverage they desire. The information is provided as it is, and is a first starting point. By no means can it replace individual advice by an expert. No financial advice is given. Information may not always be accurate, due to ever changing laws, regulations, individual circumstances or editorial reasons in certain cases.
We also are a leads generation website which permits potential insurance customers to get and compare free online insurance quotes from multiple providers in a short time.
By using our website we may give access, through a third party, to home insurance quotes and rates to users of our site. It is important to note that our website and any contents hosted within it are to be used as a general research tool and guide. Nothing on our website is to be construed as legal advice, financial advice or a binding contract between you and us or you and a third party. Although, we strive to have the most up to date home insurance information on our website, there may be information on our site that is inapplicable to you or is out dated due to the ever changing home insurance laws of each individual state.
2.1 Limitation of Liability
Through our services you may be able to enter into agreements with third parties. HomeInsuranceCalculator.info disclaims all liability and any responsibility in regards to your use of our website or service and any agreements entered into with third parties while using our website and any of our services. We cannot vouch for the reliability, fitness or contractual capacity of these third parties. You agree to release us from all liability and to waive all claims against us in case of a dispute between you and a third party arising from your use of our website.
3. Information Supplied
When using our website, you may be required to provide your name, e-mail address, mailing address, date of birth, and telephone number. We may also require more credit-specific information about you such as your location details, desired insurance coverage, education, occupation, and marital status.
In addition to providing us with the above information about yourself, you hereby attest that your age is at least eighteen years old to sign up for our service, or, if a higher age of contractual capacity exists in your jurisdiction, then you are at least however old that age is.
We do not personally provide any insurance products made available through our website. You acknowledge that you understand the insurance quotes are provided by third parties, and we are merely an intermediary permitting those offers to be displayed to you. You agree we are not liable for any disputes between you and any other party making insurance offers, and that any legal actions arising from those third parties’ services that you may bring will not name us, our owners, officers, directors, employees, agents, or other affiliates as defendants.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating insurance provider information or insurance quotes from our site to be posted elsewhere.
HomeInsuranceCalculator.info is an unregistered trademark used by Steffen Heringhaus, to uniquely identify our insurance website. You agree not to use our domain name, or a similar phrase, anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
7. Revocation of Consent
Where we have given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
8. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
10. Choice of Law
This Agreement shall be governed by the laws in force in Romania. The offer and acceptance of this contract is deemed to have occurred in Romania.
11. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to Sibiu, Romania.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that if you bring a dispute against us and the court finds in our favor, you will be responsible for our reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
12. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, HomeInsuranceCalculator.info shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
16. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about HomeInsuranceCalculator.info must be addressed to our agent for notice and sent via certified mail to: Steffen Heringhaus Str. Sibiel nr 21, bl. 17, ap. 19, Sibiu, Romania 550150
Lastly, California users are also 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 in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.