Last Updated and effective: July 29th, 2024
Please review the following Terms of Use (the “Terms”), which govern your use of QuoteMeVip.com (the “Site”). Vision Media Group, its parent, subsidiary, and affiliated companies, and each of their respective officers, directors, members, owners, employees, agents, and representatives are expressly included in any reference to the “Site”, “Us”, “Our”, and/or “We” herein. By using the Site, you agree to follow and be bound by these Terms of Use. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, We encourage you to review these Terms each time you use the Site. If you do not agree to these Terms, please do not use the Site. If you continue to use the Site or our Service after we make changes, you accept the updated Terms. Check the “Last Updated” date at the top of each document to see when the Terms were last changed. These Terms are a binding agreement between you and us.
Privacy Policy.
We explain the personal information we collect, how we use it, and your rights in our Privacy Policy By using the Site, you confirm you have read, understand and agree to Our Privacy Policy, which you can access here. (Link to PP)
Site Modification Or Suspension.
We reserve the right, at any time in Our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. You agree that We shall not be liable to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
License And Access.
Subject to your compliance with these Terms of Use, Vision Media Group grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and any services provided thereon. This license does not include any resale or commercial use of any Site’s content, any downloading or copying of registration information for the benefit of another merchant, any derivative use of this Site or its content; or any use of robots, data mining, or similar data gathering and extraction tools. The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Vision Media Group. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including text, images of page layout, or form) of Vision Media Group and Our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Vision Media Group name or trademarks without the express written consent of Vision Media Group. All rights not expressly granted to you in these Terms of Use are reserved and retained by Vision Media Group, its affiliates, licensors, publishers, rights holders or other content providers. Any unauthorized use of the Site or services provided terminates the permission or license to access and use the site.
Our Service Description
Our platform facilitates connections between users seeking auto insurance coverage (“Users”) and potential insurers, insurance networks (“Insurance Partners”), or third-party insurance service providers (“Service Providers”). Our platform offers an online application process where Users can submit their personal and vehicle information to be considered for insurance quotes (“Service”).
Terms of Use
Our Service is free of charge to you. However, we receive financial compensation from Insurance Partners, Service Providers, and other marketers in exchange for connecting you with them, sharing your information with them, and/or marketing their products and services to you. This compensation allows us to offer our Services at no cost to you and supports our business operations. Please note that the compensation we receive may influence which insurers or services you are connected with, and the visibility of ads. You are more likely to be connected with the highest bidder(s) or see ads for those who offer the highest compensation.
How Service Works
To use our Service, you must complete a questionnaire about certain personal and vehicle details on our Site (“Request Form”). You agree to provide only true, accurate, and complete information and that you will not misrepresent your identity, impersonate any third party, or enter information on behalf of any third party. We are not responsible for verifying the accuracy of the information you provide.
Once you submit your Request Form, we will share your information with one or more Insurance Partners, Service Providers, and other marketers.
Insurance Partners may review your information to assess whether to respond to your insurance inquiry by providing a quote, or to help find an insurer willing to offer you coverage. This may include verifying your information and potentially reviewing your driving history, claim history, or other relevant data. By submitting a Request Form, you authorize Insurance Partners to obtain, review, and verify your information to determine whether to respond to your insurance inquiry.
If an insurer expresses interest in your request, we will connect you with such an insurer by either providing them your contact information you provided via the form, opening a new web page, or redirecting you to the insurer’s site. At this point, our involvement in the insurance inquiry ends, and your interactions with the insurer are governed solely by the agreements, terms, and policies of that insurer. It is your responsibility to review them before entering into any agreement for coverage.
If no insurers are found for your request, we may present you with marketing for other products and services offered by third-party Service Providers. You are under no obligation to accept or respond to any offers or Services solicitations.
Service Disclaimer
Not an Insurer
We are not an insurance company, broker, agent, or representative of any such entity. We do not underwrite policies, make coverage determinations, or issue insurance. We neither offer nor solicit to sell insurance directly. Our Site operates as an independent platform, with the primary purpose of connecting you to insurers who may offer coverage.
Important Note
Insurers participating in our program offer various types of auto insurance coverage, but not all insurers offer every type of policy or the most comprehensive coverage. We cannot guarantee that any insurer will offer you coverage or approve your request. Coverage approval depends on the insurer’s criteria, including your driving history, location, and other relevant factors. We do not make any representations or guarantees about the terms, rates, or conditions of insurance policies offered by insurers you may connect with through our Site. Rates and terms vary by insurer and are outside of our control. We do not validate or investigate the licensing, certification, or other requirements of any insurers. You acknowledge that it is your responsibility to investigate any insurer or insurance provider before engaging with them.
Service Availability
Our service is not available in all states. Not all insurers within our network operate in all U.S. states. Residents of some states may not be eligible for certain insurance products due to state-specific regulations. You are responsible for your decisions. While we offer a platform to help you find insurance options, we don’t take responsibility for the choices or actions you make based on the information we provide.
Key Points To Consider
Carefully examine all terms and conditions of any insurance offer. Compare multiple options before making a decision. Consult licensed insurance agents or professionals for personalized advice tailored to your situation. The information we provide is intended for general knowledge and isn’t a replacement for professional insurance advice. We don’t take responsibility for any losses, costs, damages, or claims that may result from your use of any insurer’s or service provider’s services, including any fees they charge. You agree that you’re relying on your own judgment and any advice you receive when choosing insurance products or services.
Electronic Consent (“E-Consent”)
We and our Insurance Partners require your consent to conduct transactions electronically, including using electronic signatures and receiving electronic communications, to facilitate your online insurance request and enable the provision of insurance quotes and policies. By providing your information and submitting a request to be connected with insurers via our Service, you consent to conduct transactions and sign electronic documents, including this Agreement, using electronic signatures, as well as receive disclosures, records, and other communications electronically in accordance with our E-Consent Terms and Conditions. You agree that all agreements, notices, disclosures, and other communications that we or insurers provide to you electronically satisfy any legal requirement that such communications be in writing.
Consent for Communications
By providing your information and requesting our services, you establish a business relationship with us. This allows us to contact you about our Service. Nevertheless, we may also ask for your consent to receive marketing communications via email, text messages, and phone calls from us, our Insurance Partners, and other Service Providers. You have the right to withdraw your consent to receive marketing communications at any time, without impacting your ability to connect with an insurer or obtain coverage or other advertised services. To stop receiving marketing communications, simply click the unsubscribe link or follow the instructions provided in the marketing communications.
Intellectual Property
This Site and the Content available on the Site are Our property or the property or Our affiliates and licensors, and are protected by copyright, trademark and other intellectual property rights. Subject to the Terms, you are granted a non-exclusive non-transferable license to use the Site solely for your personal, non-commercial use. You may not use the Site or the content available on the Site in a manner that infringes on Our rights or that has not been authorized by Us. More specifically, unless explicitly authorized in these Terms or by the owner of the content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Copyright Complaints.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Our copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description where the material that you claim is infringing is located on the site;
- A description of the copyrighted work that you claim has been infringed upon;
- Your address, telephone number, and email address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Vision Media Group’s Copyright Agent for notice of claims of copyright infringement on Vision Media Group can be reached at:
privacy@QuoteMeVip.com
Your Comments Reviews and Other Content Posted:
You may have the opportunity to post comments, write reviews, or provide other content on this Site (“Posted Content”). If you choose to provide Posted Content on the Site, you represent that you are the owner of the content, or that you have the express authorization of the owner to post or submit that content. Further, when you submit or post any content, you grant Us and anyone We authorize, a royalty-free, non-exclusive, fully sub-licensable, perpetual, irrevocable, unrestricted, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such posted content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such content (in whole or in part), as modified by Us in its sole discretion. This license is non-exclusive, except that you agree We shall retain the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users, which We may use to construct or populate a searchable database of product reviews. You acknowledge and agree that We and Our partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any of the Posted Content you submit.
The foregoing shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. In connection with the exercise of such rights, you also grant Us, and anyone authorized by Us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as We deem appropriate. We are not obligated to give credit or pay any compensation for your Posted Content.
We expressly prohibit the posting of any comments, reviews or other content that is illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, political campaigning, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. We have the right but not the obligation to oversee and edit or remove any activity or content. We claim no responsibility and assume no liability for any Posted Content uploaded by you or any third party to the Site.
Use Restrictions And Registration
You acknowledge and agree to avoid the following activities, which are expressly prohibited, by using our Site and Services:
You may not use or register with the Site if you are under eighteen (18) years of age. However, certain services offered on or through the Site may require you to be eighteen (18) years old, for instance, purchasing products, entering into sweepstakes, and participating in sampling and product gifting programs. If you are under 18, do not use those portions of the Site or those services. You agree that the information that you provide to Us upon registration, and at all other times will be true, accurate, current and complete. Registration is limited to one account per user, and user is solely responsible for keeping your password secure and for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You shall immediately notify Vision Media Group of any unauthorized use of your password. By using the Site and/or accessing the services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions set forth in these Terms. This Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.
Providing false or misleading information, including impersonating another individual or falsely claiming employment with an organization.
Submitting applications on behalf of another individual.
Attempting to circumvent security measures, including unauthorized access to accounts, testing system vulnerabilities, or breaching security protocols to access restricted information.
Copying or stealing proprietary materials, including designs, media, graphics, code, and products, with the exception of permitted documents such as this Agreement, Privacy Policy, or other related documentation.
Utilizing computer programs to collect information from our site, including email addresses or phone numbers for use on our site or other platforms.
Interfering with site functionality or disrupting other users, including accessing unauthorized information, transmitting viruses, overloading the system, sending spam, or engaging in other disruptive behaviors.
Utilizing our Site or Services for unsolicited email communications, including promotional emails or advertisements.
Tampering with email headers or other transmitted information via our Site or Services.
Attempting to modify, reverse-engineer, decompile, disassemble, or decipher any source code used in the Site or Services.
Engaging in any of these activities may result in suspension of Site and Service access, account termination, and potential legal action.
Third-Party Content and Websites
Our platform may contain links to external websites, including those of Partners and Service Providers. Your use of any external websites linked from our platform is entirely at your own risk. We do not endorse, control, monitor, or assume any responsibility for the content, practices, or services offered by these third-party websites, including but not limited to those of our Partners and Service Providers. We make no representations or warranties regarding the accuracy, completeness, reliability, legality, or safety of any information, content, or services provided on these external sites.
You are solely responsible for evaluating and verifying the credibility, legitimacy, and suitability of any third-party websites and their offerings before engaging with them. We shall not be liable for any damages, losses, or consequences arising from your use of, or reliance on, any external websites or their content.
Furthermore, please be aware that these third-party websites have their own terms of use, privacy policies, and fee structures. We encourage you to carefully review these policies before using their services. By accessing and using any external websites, you agree to comply with their respective terms and conditions and release us from any liability associated with your interactions with them.
Errors and Delays
You agree that Vision Media Group is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond Our reasonable control.
Disclaimer Of Warranties And Limitation Of Liability
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOU WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. WE DO NOT WARRANT THAT THE WEBSITE, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL VISION MEDIA GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE SITE, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE SITE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE TIMELY, SECURE, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BE UNITERRUPTED OR THAT THEY WILL MEET YOUR REQUIREMENTS, BE WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DISPUTES, DECISIONS, AGREEMENTS, OR OUTCOMES ARISING FROM YOUR INTERACTIONS OR RELATIONSHIPS WITH ANY LENDER OR THIRD PARTY CONNECTED TO YOU THROUGH OUR SITE OR SERVICES. WE ARE NOT RESPONSIBLE FOR LOAN APPROVALS, TERMS, REPAYMENT OBLIGATIONS, OR ANY OTHER ACTION OR INACTION BY A LENDER. WE MAKE NO WARRANTY AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER’S INFORMATION, EXCEPT AS SET FORTH IN OUR PRIVACY POLICY OR REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US ON THE SITE OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A CREDITOR, BROKER, FINANCIAL SERVICE PROVIDER, OR OTHER SIMILAR SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH PROVIDERS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES SHALL NOT EXCEED $100.00. YOU AGREE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF OUR AGREEMENT. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Miscellaneous Terms
This Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and Vision Media Group and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter hereof. If a conflict between the language of this Terms of Use Agreement and the language of any terms incorporated by reference, the latter incorporated terms shall control.
You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.
Terms Applicable to Insurance Request Services:
Vision Media Group is not a licensed insurance agency or broker and does not provide insurance quotes in accordance with RCW 48.17 or similar state statutes. The information Vision Media Group provides is not intended to take the place of professional advice from a licensed insurance agent, nor does it evaluate insurance providers or their policies. Vision Media Group recommends that all consumers consult with a licensed insurance agent before purchasing any insurance policy.
Indemnity
You agree to indemnify and hold Us, Our parents, subsidiaries, affiliates, officers, directors, sub-licensees, employees, successors and assigns harmless, from and against any claims, liabilities, costs and expenses, including costs and attorneys’ fees, from any claim, action, cause of action, demand, damage, cost and expense (including legal costs and attorneys’ fees) due to or arising out of (i) your access to the Site, (ii) your use of the services, (iii) the violation of these Terms or any applicable laws, rules or regulations by you, (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity; (v) any content you post on this Site; (vi) any products or services purchased by you in connection with this Site and/or the web sites of Our third party partners, vendors and/or service providers, or any interactions with such third parties including, but not limited to, issues with loan offers, terms, or payments.We reserve the right to participate in any defense you provide, at their own expense, but are not obligated to do so. You may not settle any claim without Our prior written consent.
Termination
While you use the Site, you avail yourself to the services provided by Us and these Terms will remain in full force and effect. We may decide to cancel or terminate your right to use the Site, or any part of the Site, at any time without notice. In the event of any such cancellation or termination, you will no longer be authorized to access all of or the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive any termination of your right to use the Site.
Choice Of Law, Disputes, And Jurisdiction.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in California, California as provided in the Section titled “Arbitration” (below). Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of the State of California or the United States District Court for the Southern District of California, and you consent to exclusive personal jurisdiction and venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
PLEASE READ THIS SECTION CAREFULLY
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THESE PROVISIONS REQUIRE YOU TO ARBITRATE ANY DISPUTES OR CLAIMS YOU HAVE WITH US ON AN INDIVIDUAL BASIS. YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR MULTI-ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS REQUIREMENT.
Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that Vision Media Group agreement to arbitrate claims constitutes consideration for such waiver.
You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
Notwithstanding Vision Media Group’s right to modify these Terms, Vision Media Group agrees that any such modification to the dispute and/or arbitration requirements in these Terms shall not apply to claims arising prior to the date of such modification.
Arbitration
MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS (“ARBITRATION AGREEMENT”)
PLEASE READ THIS SECTION CAREFULLY – THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (HEREINAFTER “CLASS ACTION”). ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OR TO FILE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION SUBJECT TO THE LIMITED EXCLUSIONS BELOW.
You and we each agree to resolve 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 these Terms, your use of or access to our Site or services, or any products or services sold, offered, or purchased through our Site or services (“Dispute”) through negotiations and in good faith. If we don’t resolve the Dispute within 60 days you and we each agree to resolve it exclusively through final and binding arbitration.
You and we agree as follows:
(a) 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, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.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.
(b) The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
(c) 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 not to combine a claim that is subject to arbitration under these Terms with a claim that is not eligible for arbitration under these Terms. You and we agree to waive the right to a trial by jury for all disputes.
(d) If the prohibition against class actions and other claims brought on behalf of third parties is found to be unenforceable, then this prohibition will be null and void as to that Dispute.
(e) This Agreement to Arbitrate will survive the termination of your relationship with us.
To the extent permitted under applicable law, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Unless you and we agree otherwise, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in CA.
Miscellaneous
This Agreement together with all Disclosures, E-Consent and Credit Authorization and any consent, acknowledgement, confirmation, authorization given on our Site constitutes the entire agreement between you and us concerning your use of the Site and Services. This Agreement supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Vision Media Group and you.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without our prior written consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except as and to the extent set forth herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
Contact Information
Please send us an email at privacy@QuoteMeVip.com or write to: Vision Media Group, 1041 N Dupont Hwy #1575, Dover, DE 19901 if you have any questions, comments, or concerns relating to the Site, these Terms, or our Privacy Policy.