ACCEPTANCE OF TERMS AND CONDITIONS
The Site provides an interactive online service operated by Quote Sentinel on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities facilitated through Quote Sentinel, providing online and cellular phone notification services.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to the User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User's password(s), if any. User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Quote Sentinel, and Quote Sentinel shall not be responsible for any data lost while transmitting information on the Internet. While it is Quote Sentinel's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Quote Sentinel, access to the Site may be interrupted, suspended or terminated from time to time.
Quote Sentinel shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Quote Sentinel may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Quote Sentinel provides strictly notification services based on user defined parameters. Quote Sentinel uses third party data providers and makes no guarantees regarding the timeliness or reliability of such data
User may cancel their service at any time. User agrees that at time of cancellation any unsettled charges will be paid immediately, after which no charges will be made by Quote Sentinel. User agrees that determinations and charges to credit cards will be made by Quote Sentinel in its sole discretion, and such determination shall be final and binding.
By using the Services, User agrees to receive appointment and purchase confirmations by email after booking a reservation through the Site. Notwithstanding the foregoing, you acknowledge and agree that you will still receive reservation confirmation emails, other emails relating to reservations booked by you through the Site, purchase confirmations, and return confirmations even if you have opted not to receive other periodic email from us. By providing information to us, or by submitting a reservation or making a purchase, you agree to being contacted by us and/or by Service Providers for any purposes related to the Services, the Site or a service request.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Quote Sentinel shall not be liable for any damages to the User's equipment resulting from the use of this Site.
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in this Agreement. If it is determined or suspected by Quote Sentinel in its sole discretion that you are misusing or attempting to misuse or circumvent the Services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Quote Sentinel reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO QUOTE SENTINEL AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO QUOTE SENTINEL AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS.
The foregoing provisions of this Section 6 apply equally to and are for the benefit of Quote Sentinel, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Everything located on or in this Site is the exclusive property of Quote Sentinel, Inc. or used with express permission of the copyright and or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF QUOTE SENTINEL, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and or criminal penalties.
USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT USER'S SOLE RISK. NEITHER QUOTE SENTINEL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUOTE SENTINEL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH QUOTE SENTINEL HAS TAKEN CERTAIN STEPS TO EXAMINE THE CREDENTIALS OF OUR LISTED SERVICE PROVIDERS, QUOTE SENTINEL MAKES NO GUARANTEE REGARDING THE SKILLS OF THE SERVICE PROVIDERS NOR THE QUALITY OF SERVICES PROVIDED. QUOTE SENTINEL DOES NOT GUARANTEE THE QUALITY OF THE SERVICES OF ANY PARTICULAR SERVICE PROVIDER ON OUR SITE. IT IS ENTIRELY UP TO THE USER TO DETERMINE WHETHER A SERVICE PROVIDER IS SUITED FOR A PARTICULAR TASK. THE SERVICE PROVIDERS ARE NOT EMPLOYEES OR AGENTS OF QUOTE SENTINEL. WE MAKE NO GUARANTEE THAT THE SERVICE PROVIDER WILL ACCEPT YOUR BOOKING REQUEST (THOUGH WE WILL REWARD YOU THE USER IF THEY DO NOT). SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROVIDER, YOU MUST ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDER DIRECTLY.
IN NO EVENT SHALL QUOTE SENTINEL, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL QUOTE SENTINEL'S LIABILITY IN CONNECTION WITH A SERVICE PROVIDER EXCEED THE AMOUNTS PAID FOR SUCH SERVICE AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. Quote Sentinel does not control or endorse the content, messages or information found in any Community, and, therefore, Quote Sentinel specifically disclaims any liability concerning the Communities and any actions resulting from Users' participation in any Community, including any objectionable content. Generally, any communication which User posts to Quote Sentinel (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. By posting comments, messages or other information on the Site or any Microsite, User grants Quote Sentinel the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
Quote Sentinel uses a secure third party payment processor fouthorization and processing. We DO NOT store any of your credit card information. WE AT QUOTE SENTINEL TAKE OUR RESPONSIBILITY REGARDING THE PRIVACY OF YOUR CREDIT CARD INFORMATION VERY SERIOUSLY.
User agrees to defend, indemnify and hold harmless Quote Sentinel, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any Services purchased by User in connection with the Site.
Quote Sentinel may terminate this Agreement at any time. Without limiting the foregoing, Quote Sentinel shall have the right to immediately terminate any passwords or accounts of User in the event of any conduct by User which Quote Sentinel, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 2, 5, 6, 7, 8, 9 and 12 will survive termination of this Agreement.
Quote Sentinel is a trademark of Quote Sentinel, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Quote Sentinel are the property of their respective owners.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Quote Sentinel established by Quote Sentinel, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, User agrees that: (1) any claim, dispute, or controversy User may have against Quote Sentinel arising out of, relating to, or connected in any way with this Agreement, this Site, or sale shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for User), or at such other location as may be mutually agreed upon by User and Quote Sentinel; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the User's and or Quote Sentinel's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Quote Sentinel will pay as much of the User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither User nor Quote Sentinel shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, Users may visit the AAA website at http://www.adr.org.
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to any choice of law provisions.
2. Modified Terms.
3. Cancellation Policy
4. EMAIL POLICY
6. User Conduct.
7. Copyright and Trademarks.
8. Disclaimer of Warranty.
9. Limitation of Liability.
11. Credit Card Policy.
II.TERMS OF SALE
By using the Site, you acknowledge and agree that the relationship between you and Quote Sentinel is that of independent contractors and not of principal-agent, joint ventures, partners, employer-employee; and no such relationship is intended or created hereby.