Acceptance of Terms of Use
Thank you for visiting WheelQuotes. By accessing or using our Services, you agree to be bound by the terms and conditions of these Terms of Use (this "Agreement") and our Privacy Policy (the "Privacy Policy"). The words "we," "us," or "our" mean WheelQuotes, and its affiliated companies, service providers, and each of their and our licensees, successors, and assigns. The word "Services" or "Website" means, collectively, various websites, calls, applications, widgets, email notifications and other mediums, or portions of such mediums, through which you have accessed this Agreement.
Please read the Terms of Use carefully before you start to use the Website. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
These Terms of Use contain a binding arbitration agreement, which provides that you and WheelQuotes agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate; please see the Legal Disputes section.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using this Website and/or contacting WheelQuotes, you represent and warrant that you are of legal age to form a binding contract with WheelQuotes and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. But any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Definitions
- Services: Collectively, various websites, applications, widgets, email notifications and other mediums, or portions of such mediums, through which you have accessed this Agreement
- Content: Collectively all text, photographs, images, illustrations, designs, audio clips, video clips, "look and feel," metadata, data, articles, graphics, images, scripts, software code or the like associated with any and all Services provided
Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Maintaining Information Integrity
To use certain Services, you may be required to provide us with information about you, which may be of a confidential nature and may include personal identifying information, medical and health history information, and/or financial information ("Your Information"). If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy.
Password Security
If our Services require you to create a password to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.
You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to: info@wheelquotes.com.
We and our affiliates, through the Services, may provide a venue through which you can obtain information and you can find insurance carriers. We do not validate or investigate the licensing, certification or other requirements and qualifications of insurance carriers. You acknowledge and agree that the insurance carriers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of an insurance carrier's products or services.
Requests for Quotes and Offers
We may share your information with third parties when you use our Site to request a rate, quote, service, approval, or information from those third parties (a "Request").
IF YOU SUBMIT A REQUEST, SERVICE PROVIDERS MAY CONTACT YOU DIRECTLY WITH QUOTES VIA MAIL, TELEPHONE, TEXT MESSAGE, FAX, EMAIL, AND OTHER MEANS OF COMMUNICATION. YOU MAY RECEIVE TELEMARKETING CALLS AS A CONSEQUENCE OF SUBMITTING A REQUEST THROUGH OUR SERVICES, EVEN IF YOU ARE ON THE NATIONAL DO NOT CALL REGISTRY OR ANY OTHER DO NOT CALL REGISTRY.
By submitting a Request, you expressly consent to the third party conducting any research necessary to provide you with information about your Request. Third parties may need to share your information to conduct such research. As an example, if you request consumer reports may be ordered in connection with your request. Such reports may provide information that may assist in determining eligibility for credit card offers. Consumer reports may also be used for updates, renewal, or extensions. If you do not want third parties to conduct necessary research to provide you with a quote for your Request, then you should not submit a Request.
Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
Content Protection
The information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work").
All software used on or within our Services (the "Software") is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your infringement of our or any third-party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Prohibited Uses
You may not access or use the Services in violation of applicable laws, including export controls and sanctions, or in violation of our or any third party's intellectual property or other proprietary or legal rights. As between you and us, we are the sole and exclusive owner of the Services and Content. Any use or access, as further detailed below, is strictly prohibited without written consent by us.
You may not access or use, or attempt to access or use the Services to take any action that could harm us or a third party. You further agree that you will not attempt (or encourage or support others) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services or any Content or make any unauthorized use of the Services.
You agree that you will not:
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to "scrape", access, acquire, copy, or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission
- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure
- Copy, reproduce, modify, create derivative works from, compile, disassemble, distribute, or publicly display any Content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services
- Bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services
- Use the Services for the development of any software algorithm, program, machine learning model, neural network, artificial intelligence or generative artificial intelligence (AI) tool, including, but not limited to, training or using the Services in connection with the development or operation of a machine learning or AI system
Notwithstanding the foregoing, we allow public search engine operators to use web crawlers to copy materials from our Services. This permission is granted solely for creating publicly available search indices of our Services' content and does not extend to creating caches or archives of these materials. We may revoke this permission at any time, either broadly or for specific cases.
Unless expressly allowed in this Agreement, you must not:
- Collect or harvest any personally identifiable information, including account names, from our Services or Content
- Use any communication systems provided by our Services (such as forums or email) for commercial or solicitation purposes
- Solicit users of our Services for commercial purposes without our prior written consent
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
| Type of Damages | Description |
|---|---|
| Personal Injury | Pain and suffering, emotional distress |
| Financial Loss | Loss of revenue, loss of profits, loss of business or anticipated savings |
| Operational Loss | Loss of use, loss of goodwill, loss of data |
| Legal Claims | Whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable |
YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
Legal Disputes and Arbitration
You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of the Terms of Use, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services ("Dispute").
Arbitration Process
- You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules
- The AAA's rules and information regarding initiating a claim are available at adr.org
- The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules
- As an alternative, you or we may bring a claim in your local "small claims" court, if permitted by that small claims court's rules
Class Action Waiver
You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person's use of the site or our services. You and we agree to waive the right to a trial by jury for all disputes.
You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this Agreement to Arbitrate at: WheelQuotes, 2404 Rutland Dr, Austin, TX 78758. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this Agreement to Arbitrate.
Governing Law
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
Contact Information
If you have questions, concerns, or requests regarding these Terms of Use, please reach out to us:
Get in Touch
info@wheelquotes.com
(888) 012-3456
WheelQuotes
600 17th St
Denver, CO 80202
Additional Provisions
Waiver and Severability: No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Entire Agreement: The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Geographic Restrictions: We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.
Terms Updates
We may update these Terms of Use periodically to reflect changes in our practices or legal requirements. When we make significant changes, we will notify you by posting a notice on our website or sending you an email.
We encourage you to review these Terms of Use regularly to stay informed about your rights and obligations. The "Last Updated" date at the top of this page indicates when the terms were last revised.