Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" refers to such entity.

2. Description of Services

QuoteMagic is a lead generation service that connects consumers seeking quotes for insurance. When you submit a request for information or quotes through the Website, you understand and agree that:

• We will collect your personal information as described in our Privacy Policy;
• We may sell or share your personal information, including your name, email address, phone number, and other information, with third-party companies for their marketing purposes;
• Third-party companies may contact you by phone, email, text message, or mail based on the information you provide;
• We may provide the actual insurance products or services or we may connect you with third parties who may offer such products or services; and
• We may receive compensation when we share or sell your information to third parties.

3. Eligibility

You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. The Website is intended for use by residents of the United States only.

4. User Obligations and Conduct

When using the Website, you agree to:

• Provide accurate, current, and complete information about yourself;
• Use the Website only for lawful purposes and in accordance with these Terms;
• Not use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website;
• Not attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website;
• Not use any robot, spider, scraper, or other automated means to access the Website;
• Not submit false, misleading, or fraudulent information;
• Not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity; and
• Not violate any applicable local, state, national, or international law.

5. Consent to Be Contacted

BY SUBMITTING YOUR INFORMATION THROUGH THE WEBSITE, YOU EXPRESSLY PROVIDE YOUR PRIOR EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING AND PROMOTIONAL TELEPHONE CALLS (INCLUDING THROUGH THE USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM, ARTIFICIAL VOICE, OR PRERECORDED VOICE) AND TEXT MESSAGES (INCLUDING SMS AND MMS MESSAGES) FROM US, CLEARCOVER, INC., OUR AFFILIATES, AGENTS, REPRESENTATIVES, AND THIRD PARTIES TO WHOM WE MAY SELL OR SHARE YOUR INFORMATION (INCLUDING BUT NOT LIMITED TO COMPANIES PROVIDING INSURANCE PRODUCTS, CONSUMER FINANCE PRODUCTS, MORTGAGES, HOME SERVICES, AND RELATED PRODUCTS AND SERVICES) TO ANY TELEPHONE NUMBER YOU PROVIDE, INCLUDING ANY WIRELESS TELEPHONE NUMBER, EVEN IF THAT NUMBER IS LISTED ON ANY FEDERAL OR STATE DO-NOT-CALL REGISTRY. YOU UNDERSTAND THAT SUCH CALLS AND TEXT MESSAGES MAY BE MADE FOR MARKETING PURPOSES AND THAT YOUR CELLULAR OR MOBILE TELEPHONE PROVIDER MAY CHARGE YOU ACCORDING TO THE TYPE OF PLAN YOU CARRY.

You agree that we, our affiliates, agents, representatives, and third-party partners or service providers to whom we sell or share your information may contact you at any telephone number you provide (including wireless numbers) by any means, including through the use of automated dialing technology, artificial or prerecorded voice messages, and text messages. You acknowledge that you may receive multiple calls and/or text messages from us and third parties as part of the services described in these Terms. You understand and agree that your consent covers calls and texts related to the products and services you inquired about, as well as related and similar products and services.

YOU UNDERSTAND THAT YOUR CONSENT TO RECEIVE CALLS AND TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES. You may instead contact us at the phone number or address provided in Section 22 below to inquire about our services without providing this consent. You may revoke your consent at any time by: (a) replying “STOP” to any text message you receive or (b) contacting us as described in Section 22 below or in the “Contact Us” section of our Privacy Policy. Revocation of consent will apply to future communications but will not affect the legality of communications made prior to revocation.

6. Third-Party Service Providers

The Website may connect you with third-party service providers, including but not limited to insurance companies, insurance agents, consumer finance companies, mortgage lenders, and home services companies. We are not responsible for:

• The products, services, or content offered by third parties;
• The accuracy, completeness, or usefulness of information provided by third parties;
• The privacy practices or terms of service of third parties;
• Any transactions, agreements, or disputes between you and any third party;
• The quality, safety, or legality of products or services offered by third parties; or
• Any injury, loss, or damage resulting from your interactions with third parties.

Your interactions with third-party service providers, including payment transactions and the delivery of products or services, are solely between you and the third party. We strongly encourage you to review the terms of service and privacy policies of any third-party service providers before engaging with them.

7. Links to Third-Party Websites

The Website may contain links to third-party websites or services that are not owned or controlled by Clearcover. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third parties or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

8. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Clearcover, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for your personal, non-commercial use only. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as incidentally necessary for your use of the Website;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website;
• Use the Website or any content for any commercial purpose or for the benefit of any third party;
• Reverse engineer, decompile, or disassemble any software or other products or processes accessible through the Website; or
• Remove, cover, or obscure any advertisement included on the Website.

9. User Submissions

By submitting your personal information and quote request through the Website, you grant Clearcover a non-exclusive, royalty-free right to use such information solely for the purposes of: (a) providing the services described in these Terms; (b) sharing or selling your information to third-party service providers as described in Section 2; and (c) our internal business operations and analytics. You represent and warrant that the information you submit is accurate and does not violate any applicable law or the rights of any third party.

10. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLEARCOVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CLEARCOVER MAKES NO WARRANTY THAT:

• THE WEBSITE WILL MEET YOUR REQUIREMENTS;
• THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR
• ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLEARCOVER OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

CLEARCOVER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE, AND CLEARCOVER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEARCOVER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
• ANY CONTENT OBTAINED FROM THE WEBSITE;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
• ANY OTHER MATTER RELATING TO THE WEBSITE.

IN NO EVENT SHALL CLEARCOVER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT CLEARCOVER HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Clearcover, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Website;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
• Any claim that your use of the Website caused damage to a third party; or
• Any content you submit to the Website.

This indemnification obligation will survive the termination of these Terms and your use of the Website.

13. Termination

We may terminate or suspend your access to all or part of the Website, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to these Terms or the Website shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Cook County, Illinois for the resolution of any disputes arising out of or relating to these Terms or your use of the Website. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

15. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

You and Clearcover agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website (collectively, “Disputes”) will be settled by binding arbitration. All Disputes must be resolved exclusively through arbitration, and you waive any right to bring any claim in court.

You acknowledge and agree that you are waiving the right to a trial by jury. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified by this section. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

A party who wishes to initiate arbitration must provide the other party with a written demand for arbitration. The arbitration will be conducted in Cook County, Illinois, unless Clearcover agrees otherwise to a different location. You will be responsible for paying all AAA filing, administrative, and arbitrator fees in accordance with AAA rules, regardless of the amount of your claim.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator’s decision and award are final and binding, with some limited court review under the Federal Arbitration Act, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AND CLEARCOVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Clearcover agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

If a court or arbitrator determines that the class action waiver in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.

16. U.S. Government Rights

If you are a U.S. government end user, the Website is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, and the rights granted to you are only those rights as are granted to all other end users pursuant to these Terms.

17. Export Controls

You may not use, export, or re-export the Website or any portion thereof in violation of any applicable export control laws and regulations of the United States or any other applicable jurisdiction. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall be enforceable and enforced.

19. Waiver

No waiver by Clearcover of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Clearcover to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms published by us on the Website, constitute the entire agreement between you and Clearcover concerning the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.

21. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by posting a notice on the Website or by sending you an email to the address you provided. Your continued use of the Website after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Website.

22. Contact Us

If you have any questions about these Terms, please contact us:

Clearcover, Inc., 33 W. Monroe Street, Suite 1350, Chicago, IL 60603

Email: support@clearcover.com
Phone: (855) 444-1875
Chat: support.clearcover.com

23. California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Website or to receive further information regarding use of the Website.