UPDATED: August 2020
(collectively, the “Services”). Through the Services, we (a) provide you with data (“Lead Data”) about potential end-consumers (a “Lead”) who have applied
to receive insurance or other authorized quotations from insurance agents, insurance companies, lead aggregators and other similar parties (each a “Provider”), (b) permit
or call 844-707-8800.
We may make changes to these EverQuote Pro Terms from time to time. If we make changes, we will provide you with notice of such changes such as by providing a notice through our services or updating the date at the top of these EverQuote Pro Terms. Unless we say otherwise in our notice, the amended EverQuote Pro Terms will be effective immediately, and Agent’s continued use of the Services (including the EverQuote Pro platform) following any such change, modification or amendment to these EverQuote Pro Terms will constitute Agent’s acceptance thereof. If you do not agree to the amended EverQuote Pro Terms, you must stop using our Services.
These EverQuote Pro Terms are independent from the EverQuote Terms and Conditions of Use (“Terms and Conditions of Use”) and form a separate agreement between you and us. If you use or access EverQuote.com, an EverQuote mobile application, any of our other services or other websites on which these Terms and Conditions reside, you will be bound by the Terms and Conditions of Use.
You represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into these EverQuote Pro Terms and in doing so will not violate any other agreement to which you are a party.
If you are using the Services on behalf of an entity, (a) you represent and warrant that you are authorized to bind such entity to these EverQuote Pro Terms, (b) such entity agrees to be responsible for you and any other person that accesses the Services on its behalf, including for all of Agent’s users’ compliance with these EverQuote Pro Terms, and (c) wherever used in these EverQuote Pro Terms, “you”, “your”, “Agent”, or similar terms means the person or legal entity accessing or using the Services.
Description of Services
Through the Services, Agent can purchase or license (as applicable) Lead Data and Calls. EverQuote will use commercially reasonable efforts to provide Agent with Lead Data and meet the daily Lead volume request specified by Agent (“Daily Volume Requests”). However, if EverQuote cannot satisfy the Daily Volume Requests with Leads that meet the specified demographic and other criteria Agent set via the Services (the “Criteria”), Agent expressly consents that EverQuote may provide Agent with Lead Data from Leads that do not meet the Criteria, for example by use of EverQuote “SmartCampaigns” feature, in an effort to satisfy Agent’s Daily Volume Requests; provided that, EverQuote will endeavor to provide Agent with Leads from a demographic background that most closely matches the Criteria.
Through the Services, Agent may also be able to connect with Consumers via Calls. A Call shall occur when (i) EverQuote dials a consumer in response to an insurance quote request or (ii) a Consumer dials in-bound to inquire about an insurance quote, and EverQuote transfers the call to Agent at a phone number provided by Agent.
EverQuote may use affiliates or other third parties (“Verified Partner Network”) to provide the Services, including generating Leads and providing Lead Data to Agent. Agent agrees that it may or may not be informed as to which Leads are EverQuote generated Leads or Verified Partner Network generated Leads.
Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein or provided thereby (including all Lead Data), are owned by EverQuote or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these EverQuote Pro Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these EverQuote Pro Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and the Lead Data solely for the specific purpose of marketing insurance products to Leads. For clarity, all Lead Data and Leads are confidential and proprietary to EverQuote, and Agent has no right to share such information with any third party for any purpose. Any use of the Services (including all Lead Data and Leads) other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
- In an effort to provide end-consumers with the best user experience, Agent agrees to contact Leads in a timely manner, and will attempt in good faith to contact such Lead within three (3) hours of receiving Lead Data.
- Agent shall pay for either: (a) an “Exclusive Lead” (meaning the exclusive license to Agent of Lead Data for use by Agent and no other individual agents on the EverQuote Pro platform other than Agent or EverQuote); or (b) a “Shared Lead” (meaning the non-exclusive license to Agent of Lead Data, which EverQuote may provide to multiple agents on the EverQuote Pro platform). Regardless of whether a Lead is shared or exclusive, EverQuote retains the right to remarket or otherwise contact all Leads.
- Agent will provide quotes only from Providers for which Agent is authorized and/or licensed and that were previously disclosed and identified by Agent to EverQuote.
- Lead Data may only be used by Agent, and Agent’s employees acting on Agent’s behalf, and may not be used by any other person or entity. Regardless of whether Lead Data is licensed by Agent on a Shared Lead basis or an Exclusive Lead basis, Agent shall not be permitted to transfer, assign, sublicense or otherwise convey or share the Lead Data to any other person or entity for any purpose whatsoever.
- Agent, and any of Agent’s employees acting on Agent’s behalf, will comply with any and all federal, state, local and industry laws, rules, regulations or requirements, including, without limitation, the Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act of 2003, Do Not Call List requirements and any other applicable U.S. federal or state law concerning privacy or data security.
- In order to receive Calls, Agent must commit to answering Calls during certain agreed to windows of time. Agent must ensure that the person(s) responsible for answering Calls are suitable, well-trained and knowledgeable about the insurance industry and the applicable Providers whose products and services they are marketing. Additionally, Agent will ensure that all person(s) that answer Calls will conduct themselves in a professional manner.
If you purchase or license, as applicable, Lead Data or Calls, you agree that we may charge your credit card or other approved method of payment for the amount of money you authorized when you signed-up for the Services. We will deduct money from your account (“Account Balance”) based on the Lead Data and Calls that you purchase through the Services. You may review our pricing for Lead Data and Calls here. When your Account Balance falls below the threshold described at https://pro.everquote.com/payments, you agree that EverQuote may automatically charge your credit card for the same amount that you agreed to at sign-up, or as subsequently changed by you. You are responsible for ensuring your Account Balance remains positive, and we have the right to immediately suspend your access to and use of the Services if your Account Balance goes below zero for any reason. Agent shall be responsible for all charges incurred via Agent's account through the Services. Charges are exclusive of applicable taxes.
To the fullest extent permitted by law, Agent waives all claims relating to charges (including any claims for charges based on suspected invalid Lead Data) unless claimed within ten (10) days after the charge (without prejudice to Agent's credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of EverQuote. Agent acknowledges and agrees that any credit card and related billing and payment information that Agent provides to EverQuote may be shared by EverQuote with companies who work on EverQuote’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to EverQuote and servicing Agent’s account. EverQuote may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. EverQuote shall not be liable for any use or disclosure of such information by such third parties.
User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
Our Services may allow you and other users to create, post, store and share content, including Agent Ads, messages, text, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and EverQuote.
You grant EverQuote and its subsidiaries and affiliates a limited, non-transferable, perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, publicly display, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content (including Agent’s name, address, contact information, logo and/or other marks) in all media formats and channels now known or later developed without compensation to you, for the purposes of providing you the Services (including displaying Agent’s information, including contact information and carrier affiliation, to users of the EverQuote websites). When you share User Content on or through our Services, you understand that your User Content and any associated information may be visible to end-consumers.
You may not create, post, store or share any User Content that violates these EverQuote Pro Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these EverQuote Pro Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and EverQuote;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these EverQuote Pro Terms.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose EverQuote or others to any harm or liability of any type.
Enforcement of this section is solely at EverQuote’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Agent may cancel its EverQuote Pro account at any time by contacting EverQuote customer support at: [email protected] or by calling 844-707-8800 - Option 1. Upon cancellation of Agent’s account, any unused Account Balance previously charged to Agent’s credit card shall be refunded to Agent promptly after EverQuote receives notice of such cancellation. Notwithstanding the foregoing, Agent shall not be entitled to a refund if the Agent funds relate to an incentive program that explicitly prohibits refunds (for example in the event Agent received matching funds from EverQuote).
EverQuote and Agent and their licensors own all rights, title and interest in and to their respective websites and other intellectual property rights used in their respective businesses, including, without limitation, any query information or data resulting from end-consumer use of such websites and any intellectual property rights related thereto. Each party’s name(s) and logo(s), product or service names, slogans are trademarks of such party, and may not be copied, imitated or used, in whole or in part, without the other party’s prior written permission. Subject to the limited license granted to Agent herein, EverQuote owns all rights, title and interest in and to the Services, including all Lead Data, and all intellectual property rights therein and thereto.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Communications with Agent
Agent agrees that EverQuote may, but is not obligated to, monitor or record any of Agent’s telephone conversations and chat texts with EverQuote for quality control purposes, for purposes of training EverQuote’s employees and for its own protection and internal business purposes. Agent further agrees that each of Agent’s users or anyone else Agent authorizes to use Agent’s account has consented to such monitoring or recording and Agent shall indemnify, defend and hold harmless EverQuote for its breach of this sentence. Agent acknowledges that not all telephone lines or calls are recorded by EverQuote and that EverQuote does not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
Feedback and Data Sharing
You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about EverQuote or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in EverQuote’s sole discretion. You understand that EverQuote may treat Feedback as nonconfidential.
By using the Services, I acknowledge and understand that EverQuote may access and receive disposition data, including quote and bind feedback, for Leads and Calls through integrations with third-party lead management software (LMS) providers and other third-parties, and I consent to these third-parties sharing such information with EverQuote.
Repeat Infringer Policy; Copyright Complaints
We do not permit copyright or trademark infringing activities and other infringement of intellectual property rights on the Services, and we will remove or modify (or ask you to remove or modify) content if we are properly notified that such content infringes on another's intellectual property rights. If you are a copyright or trademark owner or an agent thereof and believe that any content in any public area of the Services infringes upon or otherwise conflicts with your proprietary rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the proprietary work claimed to have been infringed, or, if multiple proprietary works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our designated Copyright Agent at [email protected] to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through the Contact Us area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
To the fullest extent permitted by applicable law, Agent will defend, indemnify and hold harmless EverQuote and our subsidiaries and affiliates, and each of its respective officers, directors, agents, partners and employees (individually and collectively, the “EverQuote Parties”) from and against any losses, damages, liabilities, claims, demands, costs or expenses (including, without limitation, reasonable attorneys' fees, court costs and expert witness fees, if applicable) (collectively, “Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these EverQuote Pro Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with the Services, including, without limitation, any use of the Lead Data in violation of any applicable laws, rules, or regulations (including the TCPA and CAN-SPAM Act) or (f) your participation in the Unmatched Consumer Program (see below) and any breach of your representations, warranties or obligations regarding that program or any violation by you of applicable law in your performance under that program.
You agree to promptly notify EverQuote Parties of any Claims, cooperate with the EverQuote Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the EverQuote Parties will have control of the defense or settlement, at EverQuote’s sole option, of any Claims.
This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and EverQuote or the other EverQuote Parties.
Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES AND ANY CONTENT THEREIN (WHICH EXPRESSLY EXCLUDES USER CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (1) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (2) ANY WARRANTIES THAT OUR SERVICES AND ANY CONTENT THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (3) THAT EVERQUOTE OR ITS LICENSORS’ SECURITY METHODS WILL BE SUFFICIENT TO PROTECT ANY CONFIDENTIAL INFORMATION OR INFORMATION RELATING TO WEBSITE TRAFFIC, SERVICES, LEAD DATA, LEADS OR PAYMENTS, OR (4) REGARDING THE AVAILABILITY, ACCURACY, OR RELIABILITY OF INFORMATION, WEBSITE TRAFFIC, LEAD DATA OR LEADS OBTAINED THROUGH THE SERVICES OR THE SUCCESS OR NUMBER OF LEADS RESULTING THEREFROM. THE SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH AGENT.
Limitation of Liability
EXCEPT FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERQUOTE AND OTHER EVERQUOTE PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, COVER, FAILURE OF THE INTERNET, OR LOSS FROM ANY BUSINESS DISRUPTIONS), ARISING OUT OF THESE EVERQUOTE PRO TERMS OR ANY PERFORMANCE HEREUNDER, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SERVICES, THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION, OR FOR ANY BREACH OF WARRANTY, EVEN IF EVERQUOTE OR THE OTHER EVERQUOTE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF EVERQUOTE AND OTHER EVERQUOTE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE EVERQUOTE PRO TERMS AND THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID TO EVERQUOTE BY AGENT DURING THE THREE (3) MONTH PERIOD PRIOR TO AND INCLUDING THE FIRST DATE ON WHICH ANY SUCH CLAIM AROSE.
EVERQUOTE AND THE SERVICES PERMIT AGENT TO OBTAIN LEADS AND MARKET PROVIDERS’ INSURANCE PRODUCTS TO SUCH LEADS. HOWEVER, IN NO EVENT WILL EVERQUOTE BE LIABLE TO AGENT OR ANY OTHER PERSON OR ENTITY FOR AGENT’S USE OF THE LEAD DATA, AGENT’S CALLS WITH LEADS OR OTHER END CONSUMERS, ANY AGENT ADS OR ANY OF AGENT’S ACTIONS OR OMISSIONS WITH RESPECT TO THE SERVICES, ANY LEADS OR LEAD DATA. AGENT IS ENTIRELY RESPONSIBLE FOR ITS ACTIONS AND OMISSIONS WITH RESPECT TO ANY LEADS SOURCED BY EVERQUOTE AND HOW IT USES THE SERVICES AND EVERQUOTE FOREVER AND IRREVOCABLY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM.
To the fullest extent permitted by applicable law, you release EverQuote and the other EverQuote Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Dispute Resolution By Binding Arbitration
With the exception only of disputes related to the enforcement or validity of EverQuote’s intellectual property rights, all disputes, controversies or claims arising out of or relating to these EverQuote Pro Terms, will be resolved through confidential binding arbitration held in Boston, Massachusetts in accordance with the Commercial Arbitration Rules and Mediation Procedures ("Rules") of the American Arbitration Association (“AAA”), which are available on the AAA website and hereby incorporated by reference. You acknowledge and agrees that you have read and understand the rules of AAA or waived its opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason. You and EverQuote agree that any dispute arising out of or related to these EverQuote Pro Terms is solely between you and EverQuote and that any dispute will be resolved solely through two-party arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and EverQuote agree that these EverQuote Pro Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these EverQuote Pro Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these EverQuote Pro Terms. The arbitrator may only conduct a single arbitration and may not consolidate more than one claimant’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one claimant. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. Otherwise, you and EverQuote agree that the state or federal courts in Boston, Massachusetts have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these EverQuote Pro Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and EverQuote will not have the right to assert the claim.
If any portion of this Section 21is found to be invalid or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these EverQuote Pro Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 21 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 21; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 21 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 21 will be enforceable.
Governing Law and Venue
Any dispute arising from these EverQuote Pro Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts of Massachusetts and the United States, respectively, sitting in Boston, Massachusetts].
The relationship between Agent and EverQuote is that of independent contractors, and no agency, joint venture, partnership, employee-employer or franchiser-franchisee relations is intended or created by these EverQuote Pro Terms or your use of the Services.
Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these EverQuote Pro Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these EverQuote Pro Terms and does not affect the validity and enforceability of any remaining provisions. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of these EverQuote Pro Terms will remain in full effect.
The failure of EverQuote to exercise or enforce any right or provision of these EverQuote Pro Terms will not operate as a waiver of such right or provision. The section titles in these EverQuote Pro Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these EverQuote Pro Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. These EverQuote Pro EverQuote Pro Terms, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into these EverQuote Pro Terms except as expressly set forth herein, and any conflicting or additional terms contained in any other documents or oral discussions are void.
Except as explicitly stated otherwise, any notices sent from you to us shall be submitted via e-mail at [email protected] with a copy of such notice sent by certified postal mail, return receipt requested, to: Legal Department, EverQuote.com, c/o EverQuote, Inc., 210 Broadway, Suite 302, Cambridge, MA 02139. When EverQuote needs to send a notice to Agent, it shall be sent to the e-mail address last provided to EverQuote. Notice shall be deemed given upon receipt or 24 hours after e-mail is sent. EverQuote reserves the right to change, modify, add or remove any portion of these EverQuote Pro Terms, in whole or in part, at any time.
Agent may not assign any of its rights hereunder and any such attempt is of no effect.
Agent acknowledges that Agent has read and understands these EverQuote Pro Terms, and that these EverQuote Pro Terms have the same force and effect as a signed agreement.
In this E-Sign Consent, the following definitions apply: (i) "You" and "your" refer to you, the User; (ii) "We," "us," and "our" refer to the Site operator and its affiliates (including, without limitation, EverQuote, Inc.), agents, successors and assigns. By clicking the "I agree" button, which you adopt as your electronic signature, you consent and agree that:
- We can provide you disclosures required by law, and other information about your legal rights and duties, electronically.
- Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
- If you would like a paper copy, you can print a copy of the Disclosures or download the information for your records.
- This consent applies to: (1) your use of products and services offered by us; (2) all future Disclosures associated with us; and (3) all future transactions with us, at any time, and to other Disclosures that we provide to you by email, unless you have, prior to such transaction, withdrawn your consent by the procedure mentioned below.
You understand that, to access and retain the electronic Disclosures, you will need the following:
- A computer with an Internet connection.
- A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 10.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.
- A valid email address.
- Sufficient storage space to save past Disclosures and/or an installed printer to print them.
- If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add @everquote.com and @mail.everquotepro.com to your email address book.
- You understand that you may request paper copies of the Disclosures, and that we will provide them to you by mail at no charge. You can request paper copies and/or withdraw consent by contacting us at: EverQuote, Inc. 210 Broadway, Suite 302 Cambridge, MA 02139.
Any withdrawal of your consent to receive electronic Disclosures will be effective only after we have a reasonable period of time to process your withdrawal. You understand and agree that if you withdraw your consent to receive electronic Disclosures, we may—though we are not obligated to—cancel your account.
At any time, you can update the email address to which we will send alerts that Disclosures are available. You can change your email address by contacting us at: [email protected]
By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you. When we send you an email or other electronic notification alerting you that Disclosures are available electronically and we do in fact make them available online, that shall have the same meaning and effect as if we provided paper Disclosures to you, whether or not you choose to view the Disclosures, unless you had previously withdrawn your consent to receive Disclosures electronically. You understand and agree that Disclosures are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the e-mail address is invalid.
You understand and agree that we are responsible for sending notice of the Disclosures to you electronically including at the email address you have provided, but are not responsible for any delay or failure in your receipt of the email notices.
Unmatched Consumer Program
a) Opt-In Program. If you opt into the Unmatched Consumer Program, you may refer end consumers seeking insurance information to EverQuote in two ways. First, you can make the referrals by sending emails to end consumers containing advertisements supplied by EverQuote. These advertisements will have (i) an EverQuote website link for end consumers to submit requests for insurance information and/or (ii) an EverQuote telephone number end consumers can use to request insurance information by phone. You may not change, modify or optimize these advertisements without EverQuote’s prior written consent; except for non-material changes (e.g. resizing, formatting, etc.). Second, you may also tell end consumers seeking insurance information a telephone number supplied by EverQuote. You shall not, however, under any circumstances, place a call to an EverQuote telephone number on behalf of an end consumer or transfer any end consumer’s call to the EverQuote telephone number.
b) Restrictions. At no time shall you make any telephone calls, including via SMS or text message, to any end consumer in connection with any Unmatched Consumer Program and you will at all times comply with all applicable statutes, rules or regulations, including but not limited to the CAN SPAM Act of 2003 and state and federal advertising laws.
c) No Use of Third-Party Email Senders. You will not use any affiliate or other third party to send emails or otherwise distribute the EverQuote website link or telephone number under the Unmatched Consumer Program.
d) Revenue Share. For a successful referral under the Unmatched Consumer Program to either EverQuote’s phone number or website, EverQuote shall make a payment to you if EverQuote is able to collect revenue from your referred end consumer. The payment for these referrals shall be equal to fifty percent (50%) of the revenue received by EverQuote and EverQuote will pay you within thirty (30) days after the end of each month for any amounts accrued that month. In the event of any overpayment to you, EverQuote will either adjust future payment(s) to you based upon the corrected amount, or request a refund from you, at EverQuote’s sole discretion. Notwithstanding any other statement in this Agreement, EverQuote will not pay you under the Unmatched Consumer Program for any referral you make in violation of this Agreement.
e) Termination. EverQuote may terminate the Unmatched Consumer Program and any future payments due under it at any time upon revision of this Agreement. EverQuote may also terminate any individual person or company’s participation in the Unmatched Consumer Program, in its sole discretion, upon notice to the participant.