Quotella, LLC is a California Limited Liability Company does business as Quotella.com and may be referred to in these Terms of Use (“Terms”) either as Quotella, LLC or Quotella.com. The website users who accesses this website (www.Quotella.com) (“Site”) and customers of Quotella.com who are buying insurance or benefits leads from Quotella.com, are referred to in the second person (you, your, etc.).

 

Quotella, welcomes you to www.Quotella.com. Using this website indicates your consent and agreement to be bound by these Terms of Use and by any policies or practices contained herein. Using this website indicates your consent and agreement to be bound by these Terms of Use and by any policies or practices contained herein.

 

All content and information displayed on our website is owned or licensed by Quotella, or other third parties and is protected by copyright and other intellectual property laws. You may not modify, publish, transmit, transfer, sell, reproduce, re-post or alter any such content. Quotella, grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any content that you may download from this website. Any other use or reproduction of this website, in whole or in part, will be considered to be a violation of Quotella’s intellectual property rights.

 

The following Terms govern your use of this Site. These Terms also govern your relationship with www.Quotella.com, owner of this Site, if and when you purchase internet insurance leads and/or benefit-plan leads (collectively Leads) from Quotella.com. If you do not agree to these Terms, do not access (or continue to access) this Site. By using this Site, you agree to these Terms. From time to time Quotella.com may change these Terms by posting changes here on this Site. Changes are effective immediately whether or not you receive notice. Therefore, we strongly recommend that you periodically review these Terms. Not knowing, not reading or not understanding these Terms or any subsequent changes to these Terms are not excuses or defenses against your being bound by these Terms.

 

You may only use this Site if you are domiciled in the United States, you are eighteen years of age or older and you agree to these Terms. You may only purchase internet insurance leads from Quotella.com if you agree to these Terms and you (or your organization) are licensed to sell insurance. There is one exception to our licensing requirement, which is for the purchase of benefit-plan leads.

The purpose of this Site is to provide our national network of insurance professionals (insurance agents, insurance companies, other types of insurance sales organizations, benefit plan providers, etc.) with referrals of consumers interested in receiving comparative insurance or benefit-plan quotes. The consumer's information, received by Quotella.com, becomes a Lead. The Lead's information is matched against insurance professionals who may be able to provide quotes to the consumer based on the consumer's information and/or request.

USER INFORMATION DISCLOSURE
While presumably consumers provide their personal information for the purpose of requesting insurance quotes, Quotella.com does not guarantee the accuracy of the consumer's information, nor does Quotella.com guaranty that any or all of the Leads will buy insurance or benefits plans, or even that they are interested in buying insurance or benefits plans. While the Leads we send you contain the consumer's self-reported information, some consumers may not want to be contacted by phone or email and may provide inaccurate contact information. Should you receive a Lead that contains both a nonworking telephone number and email address, Quotella.com will give you a credit for that Lead. For more information on Quotella.com's credit policy, please see below.

ONLINE ACCESS TO YOUR ACCOUNT
When you register and activate your account to purchase Leads, you will have access (except for scheduled and unexpected downtime) to Quotella.com's proprietary leads management system, the Agent Portal, online 24-hours a day, 7 days a week (24/7). The Agent Portal will help you manage and track Leads, adjust filters (such as insurance type, geographical areas, number of Leads per day, etc.) and monitor your account information. You also may use the Agent Portal to request credits for bad leads, cancel your account, place Leads on hold and other functions. Of utmost importance, you will be able to view all your Leads through the Agent Portal (this is important as Quotella.com is not responsible for email malfunctions, SPAM filters or other technical problems which might prevent you from receiving Leads via email). You also will have a dedicated account representative assigned to you who can assist you with all of the above functions and more during business hours (Pacific Time zone) excluding weekends and holidays.

THIS SITE IS A VENUE
We are not involved in the actual transaction between vendors and members even though we may provide the products and services. As a result, the quality, safety or legality of the products advertised, or videos, are the responsibility of the vendor or owner, and the user.

We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a site user to your mailing list (email or physical mail) without the user's express consent. You agree that, with respect to other users' personal information that you obtain through this website or through any site-related communication or any site-facilitated transaction, we have granted to you a license to use such information only for: any site-related communications that are not unsolicited commercial messages; purchasing goods offered through the site; and any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information. Quotella, reserves the right to refuse service or use to anyone, for any reason and at anytime it deems necessary.

PRIVACY POLICY
By using this Site and/or purchasing Leads, you agree to honor and respect the privacy of each Lead you receive by committing to provide privacy protection equal to or greater than Quotella.com's own Privacy Policy. You agree to use each Lead's information only for the purpose of providing insurance and/or benefit-plan quotes and soliciting sales of those products. You agree not to share, resell, barter, negotiate or otherwise transfer Leads' information to any other person or entity whether for pecuniary gain or not. Unless you receive recorded consent from the Lead (voice, digital or in writing), you agree not to store any Lead's information except as necessary in connection with a purchase of an insurance or benefit-plan policy.

PROPRIETARY RIGHTS
Quotella.com owns all right, title and interest to its names, trademarks, logos, images, copyright, patents, business methods and all other intellectual property, as well as this Site, including without limitation the graphics, data, look and feel, design and organization, content, code, and other materials found on this Site. Quotella.com also owns all right, title and interest to any of the information or materials disclosed to you during your relationship with Quotella.com. You are not granted any ownership interests or rights in any of Quotella.com's intellectual or physical property except for a limited, revocable license to use the Leads to provide insurance or benefits quotes and/or solicit the sale of insurance or benefit-plan policies. You are not permitted to reproduce, republish, distribute or modify in any way the materials or information on this Site without the express written permission of Quotella.com (although you are allowed to make a copy of each Lead for your own use consistent with these Terms). Any third party marks, logos or other intellectual property which may appear on this Site are the property of their respective owners and cannot be used without the rightful owner's written consent.

By obtaining Leads from Quotella.com, you agree not to use any Lead's information for any purpose other than to provide insurance or benefit-plan quotes and/or solicit the sale of such products. You agree not to use this Site in any unlawful, threatening, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive or fraudulent manner (as to be determined by Quotella.com's sole discretion). In using this Site and/or obtaining Leads from Quotella.com, you agree that you shall not engage in spamming, flooding, "databasing" or the harvesting of Leads, email addresses or other personal information. You shall not use Leads obtained from Quotella.com in any way other than as expressly allowed herein. You shall not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other person's or entity's use and enjoyment of this Site. You are prohibited from reselling any Leads or other information purchased from Quotella.com unless specifically permitted and documented in a written agreement signed by Quotella.com. Reselling Leads or other information without written permission may subject you to civil and criminal penalties.

You agree to indemnify and hold harmless Quotella.com against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any of your criminal, willful, intentional or negligent acts or omissions working with each Lead and/or your use of this Site. You are solely responsible for complying with any and all local, state and federal laws which are applicable to you and your business, including without limitation any disclosures which may be required.

You are solely responsible for maintaining the safety and security of your confidential login information (user name and password). You agree to take full responsibility for access to Leads obtained using your login information. If you believe your user name or password have been compromised, you must immediately change your login information online or call Quotella.com during regular business hours for assistance. Regardless of whether you receive Leads via email or other methods, you are required to monitor your account online and immediately report any suspected violations, inaccuracies or inconsistencies. You are encouraged to logout (exit) from your account at the end of each session.

 

Quotella.com IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT YOUR LOGIN INFORMATION OR MONITOR YOUR ACCOUNT.

LEADS DELIVERY
Leads are delivered to you 24/7, via email and in real time (real time includes nominal delays for computer processing time except for network delays beyond Quotella.com's control). Leads are also available to you 24/7 online through your password protected Agent Portal at www.Quotella.com. You are responsible for the accuracy of your email address, the functionality of your computer system, and any firewalls, SPAM filters or other similar technology devices that might delay or prevent the receipt of Leads from Quotella.com via email. While Quotella.com will work diligently with you to resolve any email problems, Quotella.com IS NOT RESPONSIBLE FOR YOUR FAILURE TO RECEIVE LEADS VIA EMAIL, XML, OR OTHER METHOD OF DELIVERY YOU HAVE CHOSEN AND PROVIDED INSTRUCTIONS FOR. YOU WILL BE CHARGED FOR LEADS SENT TO YOU PER YOUR INSTRUCTIONS EVEN IF YOU DID NOT RECEIVE THEM. Therefore, Quotella.com strongly urges you to check Leads through your password protected Agent Portal on a regular basis and notify Quotella.com of any delivery problems or concerns immediately. You are also responsible for reviewing, verifying and/or modifying, when necessary, your online account information, including your email address, billing information, profile settings, Lead types (lines of insurance), territories, filters, Lead limits, etc. You may request a temporary HOLD on receiving Leads 24/7 through your Agent Portal. Quotella.com may limit HOLD requests to one or two-week periods per calendar year ("vacation time") and/or seven days per calendar month. Quotella.com does not process verbal hold requests (although you can discuss HOLDs with your designated account representative), and does not offer unlimited or indefinite HOLD times. For more information about HOLDs, please contact your designated account representative.

We offer two payment terms: "Prepayment" and "Pay-As-You-Go". To activate your account using either the Prepayment or Pay-As-You-Go options, you must provide a valid credit card or checking account billing information. We accept VISA, MasterCard, Discover Card or a valid checking account. To start receiving Leads, you also must provide a valid insurance license and sign "electronically" (or print, sign and return by fax), and the Payment Authorization Form provided by Quotella.com online. For Prepayment accounts, your account balance automatically shall be replenished (recharged), using your previously-provided billing information, by Quotella.com's automatic billing system when your account balance falls below 25% of your original deposit, unless cancellation was requested by you online (via the Agent Portal) at least 24-hours prior to the automatic recharge. If you believe an automatic recharge has been processed in error, you must notify Quotella.com within 2 business days of the charge being processed, otherwise you accept and agree to the recharge. For the Pay-As-You-Go option, your account will be charged for the Leads sent during the previous billing period using your previously provided billing information, or when the amount has reached $200, whichever first occurs. Payment due on the 1st of the month will be for the billing period from the 16th through the end of the previous month. Payment due on the 16th will be for the billing period from the 1st through the 15th of the current month. Other billing arrangement may be made for large corporate accounts with high volume Leads subject to separate written agreements. Upon account cancellation or deactivation, any outstanding fees due and payable immediately shall be charged to your previously-provided billing information. PLEASE NOTE THAT YOU ARE RESPONSIBLE FOR PAYMENT OF LEADS SENT TO YOU PRIOR TO YOUR WRITTEN OR ONLINE CANCELLATION REQUEST. NO REFUNDS WILL BE ISSUED.

INCENTIVES AND PROMOTIONS
Quotella.com may on occasion offer incentives or promotions (collectively Promos), such as free Leads, matching funds, credits for referrals, etc. Any Promos offered by Quotella.com are offered for a limited time, are subject to particular terms, and are subject to change or end without notice. Promos details are available by request or by clicking here. If Promos are not accepted before being modified or terminated, Quotella.com has no obligation to honor such Promos.

You may request account cancellation online through your Leads Management System at any time by clicking on the "Customer Service" link, then checking the "Request to cancel account" option, clicking "Continue" and selecting the appropriate reason for cancelling the account. Cancellation requests are processed Monday through Friday during office hours (8:00am to 5:00pm Pacific). Cancellation requests received after regular office hours, on weekends or on holidays will be processed the next business day during regular office hours. If your cancellation request is not submitted during regular office hours, you are still responsible for the cost of any leads sent to you prior to the cancellation taking affect on the next business day. Upon completion of the cancellation process, you will receive a system-generated time-stamped "Request Cancellation ID" which is your proof of cancellation. Quotella.com DOES NOT ACCEPT VERBAL CANCELLATION REQUESTS. For Prepayment accounts, if Quotella.com recharges you after a timely cancellation request, Quotella.com will reverse that particular charge so long as you can furnish the "Request Cancellation ID" showing your cancellation was made at least one business day prior to recharge. If you have a positive balance at cancellation, Quotella.com will provide Leads for the unused balance of your account or refund the balance at your request. Quotella.com does not offer refunds for Leads sent to you prior to cancellation.

DISPUTE RESOLUTION VIA MANDATORY ARBITRATION ON CLAIMS OVER $2,500.00
You agree to attempt in good faith to resolve any disputes directly with Quotella.com (through your designated account representative or a manager) before you take further action with any credit card company, consumer advocacy group or courts. You agree not to dispute any credit card charges which were made consistent with these Terms and the Payment Authorization Form you signed. If you file a dispute with any credit card company and receive credit, you agree that you will be still be liable for, and pay for, any amounts credited back to you from the credit card company, plus any collection fees (including attorney fees). Charges which are overdue shall accrue interest at the lesser of 1.5% per month (18% per annum) or the maximum amount allowed by law.

 

For any dispute, claim or controversy with damages over $2,500.00 (exclusive of attorney fees or court costs) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County, California, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or pursuant to the American Arbitration Association pursuant to its Commercial Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.

 

For any dispute, claim or controversy with damages of $2,500.00 or less (exclusive of attorney fees or court costs), arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, the parties agree to submit to the jurisdiction of the applicable courts in Los Angeles County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts regardless of either party's location or residence.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at our “Contact Us” page.

 

a)     Please provide our Agent with the following Notice:
        Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;

 

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

 

COMPUTER FRAUD
Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), relevant state statutes and the laws of the other states and territories of the USA. Such violations may subject the offender and his or her agents to civil and criminal penalties.

 

NO AGENCY
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms of Use or your use of the Site.

We reserve the right to refuse in our sole discretion any advertisement submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the advertisement for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
QUOTELLA.COM RESERVES THE RIGHT TO CHANGE ITS WEBSITE AND BUSINESS PRACTICES AT ANY TIME, INCLUDING THESE TERMS. QUOTELLA.COM MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LEADS, ITS WEBSITES OR ANY OF THE SERVICES YOU MAY OBTAIN THROUGH QUOTELLA.COM, ALL OF WHICH ARE PROVIDED "AS IS" AND "AS AVAILABLE". QUOTELLA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE LEADS, ITS WEBSITE, INTERNAL OR EXTERNAL LINKS TO OTHER SITES, THE SERVICES YOU MAY OBTAIN THROUGH QUOTELLA LLC. AND ANY OF THE RESULTS YOU MAY OBTAIN FROM USING ANY OF QUOTELLA.COM'S PRODUCTS OR SERVICES. QUOTELLA.COM DOES NOT WARRANT THAT ITS PRODUCTS OR SERVICES, AND ITS WEBSITE (INCLUDING EMAILS SENT FROM QUOTELLA.COM), WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). QUOTELLA.COM DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, QUOTELLA.COM AND ALL ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, AND AGENTS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUSES, LOSS OF INCOME, LOSS OF PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF QUOTELLA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF QUOTELLA.COM'S LEADS, WEBSITE OR ANY WEBSITE TO WHICH QUOTELLA.COM'S WEBSITE MAY BE LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CERTAIN KINDS OF LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE LIMITATIONS AND EXCLUSIONS SET OUT IN THESE TERMS OF USE MAY NOT APPLY TO YOU.

CHOICE OF LAW AND VENUE
These Terms and your relationship with Quotella.com shall be governed and construed in accordance with the laws of the State of California without regard to any conflict of law rules. You agree to submits to the jurisdiction of the applicable courts in Los Angeles County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This paragraph is not intended to eliminated or diminish the mandatory arbitration clause set forth above.

MISCELLANEOUS
Quotella.com's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Chapter and section headings are for convenience only. If any individual provision of these Terms is found by a court of competent jurisdiction or duly authorized arbitrator to be invalid, such provision may be severed from these Terms, and all other unaffected provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of, or related to, your relationship with Quotella.com, or pursuant to these Terms, must be filed by you within one year after such claim or cause of action arose, otherwise such claims or causes of action shall be barred. Quotella.com may assign its rights under these Terms to another qualified party at any time without your consent or knowledge. You may not assign your rights under these Terms to another party without Quotella.com's express written permission. Quotella.com will not be liable for damages (including without limitation liquidated damages) resulting from any delays in performance or failure to perform its obligations under these Terms due to events beyond its control and without Quotella.com's fault or negligence (such events may include without limitation of force majeure, acts of God, acts of the United States Government, strikes, power outages, unusually severe weather, riots, etc.).

BINDING AGREEMENT
These Terms constitute a binding legal agreement between you and Quotella.com.