These terms of use are entered into between you, whether personally or on behalf of an entity (“you”) and AutoComplete Inc. and its licensed insurance agency subsidiary, AutoComplete Insurance Solutions, Inc., (collectively, “AutoComplete”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of our website and any site, including mobile applications, linked or otherwise connected thereto, as well as any content, functionality, and services offered on or through the foregoing (collectively the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MUST NOT ACCESS OR USE THE SITE. The Site is intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to access, register, or use the Site.

Intellectual Property Rights

Except where otherwise indicated, all materials contained in the Site are the copyrighted propertyof AutoComplete, its affiliated companies and/or third-party licensors. The AutoComplete logo, all other service marks, and the names of various products and services described within are service marks of AutoComplete or its affiliates.

Except as expressly provided herein, you shall not use any portion of the Site, or any other of our intellectual property (including, but not limited to our service marks), on any other website, in the source code of any other website, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of the Site’s content or frame this Site within any other website without our prior written permission. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory, without our prior written permission is prohibited.

Use of Site

You shall not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You shall not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, ransomware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent. You shall not use the Site to transmit or send unsolicited commercial communications or marketing without our express written consent.

Restricted access

We reserve the right to restrict access to certain areas of the Site at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password in our discretion without notice or explanation.

User content

In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Site, for any purpose. User content excludes all information required for insurance verifications, insurance quotes and the sale of insurance.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content shall not be illegal or unlawful, shall not infringe any third party’s legal rights, and shall not be capable of giving rise to legal action whether against you, us, or a third party (in each case under any applicable law). You shall not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to the Site, stored on our servers, or hosted or published on the Site.

Data Privacy and Security Notice.

We care about data privacy and security. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy. You also agree to be bound by our privacy terms as described in our Privacy notice posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United Statesand intended for users in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 16 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

Insurance Services

We offer insurance services through the Site that are governed by the terms and conditions attached to those insurance services, including any payment and liability provisions, and we will not be liable for any insurance services offered through the Site, unless such liability is expressly reserved. The Terms of Use will not change or alter any contract or agreement between you and us.  As part of the insurance services, we may offer insurance verification, insurance quotes, and the sale of insurance. All quotes generated by us are estimates based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on the Site are general descriptions of available coverages and are not a statement of contract.

Authorization to Obtain a Credit Report and Credit Score

Where applicable, you understand and agree that by submitting your information, you are providing us with “written instructions” in accordance with the Fair Credit Reporting Act, for us to obtain your consumer credit report and credit score from one of three national credit bureaus, Experian, Equifax, or TransUnion. You authorize us to use this credit report and credit score alone or in combination with other data to match you with products and services offered by insurance carriers, where applicable.

We are not an insurance carrier/underwriter

We are not an insurance carrier or underwriter. Any quote and/or comparisons provided are furnished by the individual insurance carrier and are subject to change without notice. A quote should not be construed as a commitment from the insurance carrier to actually issue that policy or any other policy to you. The quotes presented are based on the information we have requested, and you have given us. To purchase a policy, you must enter into a formal agreement with the insurance carrier. The insurance carrier will review your application, along with other information it may gather from other sources. Based on its analysis and underwriting, the insurance carrier will determine the precise premium and fees to charge you. This underwriting process may result in higher or lower premiums than your quote. We have no control of this underwriting process.

Breaches of these Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Usein any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing legal proceedings against you.

Third-party websites

The Site contains links to third-party websites that are not maintained by us. These links are provided solely for your convenience. We make no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such third-party websites. We recommend that you take the time to read the privacy policies and user agreements of these websites.

Third-party vendors

We may use third-party vendors to access your information for purposes of verifying insurance and providing insurance verifications and quotes.  We make no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such third-party vendors.

Submitted ideas policy

When you submit ideas or materials to us (“Submissions”), such as for marketing, advertising, promotions, contests, products, services, devices, processes, trademarks, logos, artwork, music, photos, or videos, you grant to us a perpetual, irrevocable, world-wide, royalty-free right and license to use, modify, publish, disclose, or exploit the Submission at our discretion.  Use thereof or the failure to use will not create any liability or obligation to you.

Electronic Communications, Transactions, And Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

SMS Texting Terms of Service

We offer a recurring text message program to send customers notifications regarding insurance verification, and insurance quotes, rates and options, as well as regarding your existing insurance policy. You may enroll in SMS texting services on the Site. There is no separate charge for this service; however, your carrier’s message and data rates may apply. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone. If you change your mobile phone number, you will promptly notify us of the change. You are not required to agree to our SMS text message program as a condition of purchasing any property, goods, or services from us. If you do not want to opt-in to our SMS text message program but still wish to discuss your insurance and options, please contact us at (888) 307-6755 or email support@autocomplete.io

To stop receiving text messages at any time, reply “STOP” or change preferences on the Site. By enrolling in this text message program, you expressly consent that following such a request to unsubscribe via texting “STOP”, you will receive one (1) final message from AutoComplete confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription. Participating carriers include, but are not limited to: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel, and Virgin Mobile.

To get help at any time, reply via text with “HELP” for a brief help message. We will respond with instructions on how to use our service.  If you have any questions or need help please contact us at (888) 307-6755 or email support@autocomplete.io.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations Of Liability

IN NO EVENT WILL WE OR OUR AFFILIATES AND ANY OF OUR OR THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) use of the Site; (2) breach of these Terms of Use; (3) breach of any of your representations and warranties set forth in these Terms of Use; (4) violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Dispute Resolution and Agreement to Arbitrate

Except where and to the extent prohibited by law, we both agree that, if there is any controversy, claim, action, or dispute arising out of or related to the Terms of Use or the breach, enforcement, interpretation, or validity of the Terms of Use or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice us shall be sent to:

• AutoProtect at 530 Howard Street, Suite 470, San Francisco, CA 94105, Attn: Legal

• Notice to you shall be to the address you give to us.

Both of us agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS IN SAN FRANCISCO, CA.  ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY. Other rights that you and we would otherwise have in court will not be available, or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties or if the parties cannot agree, then AAA will select the arbitrator using the procedures in the Commercial Arbitration Rules to do so..

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of the Terms of Use, including any claim that all or any part of this Terms of Use is void or voidable.

This Dispute Resolution and Agreement to Arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Updates

We may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of the Site from the date of the publication of the revised Terms of Use on the Site. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or assign our rights and/or obligations under these Terms of Usewithout notifying you or obtaining your consent. You may not transfer, sub-contract, or assignyour rights and/or obligations under these Terms of Use.

Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement / enforceability

These Terms of Use constitute the entire agreement between you and us in relation to your use of the Site and supersede all previous agreements in respect of your use of the Site. Should any provision of these Terms of Use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful, or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

Privacy policy

Please review our Privacy notice which also governs your visit to the Site. The Privacy notice can be viewed at: https://www.autocomplete.io/legal/privacy.