Last Modified: April 5th, 2011
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ADVERTISINGQUOTE.COM OFFERS YOU ACCESS TO OUR SERVICES.
The Service available at the web site http://www.AdvertisingQuote.com ("This Site") is managed and operated by GetAQuote.com LLC ("GAQ"), a Florida company. This Site is provided to you ("You") 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 or access our Service. GAQ may amend This Agreement at any time by posting the amended terms and conditions on This Site. This Agreement may not be otherwise amended except in writing signed by You and GAQ.
The capitalized word "Service" used herein This Agreement will refer to the free Service GAQ offers potential customers ("Buyers") that forwards requests for more information submitted by Buyers to individuals and entities ("Sellers") who offer products or services that may be able to meet Buyers needs.
GAQ is not involved in the actual transaction between Buyers and Sellers. Consequently, GAQ cannot ensure that a transaction will occur. Further, if a transaction does occur, GAQ has no control over the quality, safety or legality of the item or service sold. This Site acts as the venue for You to submit requests to Sellers who may respond to Your requests. This Service is free for Buyers to use in submitting requests for information. GAQ does not charge Buyers to use this Service. All charges associated with the Service are incurred by the Sellers that respond to requests or by GAQ. GAQ is not responsible for any user's access to or ability to use email, or the filtering policies of any Internet service or email providers, and is consequentially not liable for any losses or inconveniences which may arise from undelivered email notifications.
Please use common sense and practice safe trading when using the Service. 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. GAQ will not be liable for any loss or damage arising from Your failure to comply. You agree not to use this Service...
You acknowledge that GAQ screens Your requests for Sellers and has the right (but not the obligation) in our sole discretion to deny any request or remove any content that is in violation of these terms and conditions.
You agree any of Your contact information along request details You supply to GAQ ("Your Information") may be sent to a maximum of three Sellers every time You request information from Sellers via our Service and by doing so, GAQ and Sellers are not violating any rights You might have in that information, You agree to grant GAQ a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information. GAQ will only use Your Information in accordance with the Service GAQ provides to You and will notify Sellers who receive Your Information that they may only use it to contact You in order to provide You with the information You requested.
Because we are not involved in the actual transaction between Buyers 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 the 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 the Service at Your own risk. THE 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 SERVICES 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.
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. This Service is free for Buyers to use in submitting requests and reviewing responses. GAQ does not charge Buyers to use this service. All charges associated with this service are incurred by the Sellers that respond to requests. 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 sublicensable 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 receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.