BY USING THIS WEBSITE, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (the “Agreement”). If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease using the Site immediately.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. This site and all content, information and services accessible through it (the “Site”) is made available by Turbo Insurance Group, LLC , (“Turbo”) a Delaware Limited Liability Corporation, and may be used only under the following terms and conditions.
License to use the Website
Unless otherwise explicitly noted, User agrees that all elements of the Site including, but not limited to, text, articles, logos, trademarks, and graphics are the property of Turbo and/or its affiliates. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. User acknowledges that the Site is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
Turbo reserves the right to develop and commercialize benchmarks and measures based on Aggregated Data. “Aggregated Data” shall mean User Data that is (i) anonymized, and not identifiable to any person or entity, (ii) combined with the data of other users or additional data sources, and (iii) presented in a manner from which your identity may not be derived.
User is granted a non-exclusive, non-transferable, revocable, limited license to access and use the Site on any single computer for lawful, personal, non-commercial use. Turbo may terminate this license without notice at any time and for any, or no, reason.
User must not, without Turbo’s prior written permission: (i) use any portion of this website on any other website, in the source code of any website, or in any other printed or electronic materials; (ii) post, transmit, copy, download, store, publish, transmit, transfer, sell, rent, sublicense, create derivative works from or otherwise use the Site, or any portion thereof, in any form or by any means except as expressly permitted by this Agreement.
User may not alter or modify information and services provided through the Site in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of the Site, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy the Site without Turbo’s prior written permission.
By submitting data, information and other materials (“User Content”) to the Site, User automatically grants, or warrants that the owner of the following rights has expressly granted, to Turbo, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell User Content, and incorporate User Content into any medium or technology, now known or later developed. All proposals of insurance are subject to the payment terms of the carrier, and that User has no expectation of privacy or confidentiality of communications occurring through use of the Site.
(a) You may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Services, in whole or in part, without obtaining permission of the Company, except as expressly permitted in this Agreement or permitted under copyright law.
(b) You agree not to use the Services for any illegal purpose, in violation of any law or regulation, or in any manner inconsistent with this Agreement. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. You agree not to input, distribute, upload, post, transmit or otherwise make available any content or data through the Services that: (i) is unlawful, improper, abusive, harassing, libelous, defamatory, obscene, pornographic, threatening or otherwise objectionable; (ii) you are not authorized or have the right to make available; (iii) violates the rights of others, such as content that infringes any patent, trademark, trade secret, copyright, other proprietary rights or violates any right of privacy or publicity; (iv) violates the property rights of others; (v) offends the community standards of users of the Services; (vi) contains software viruses or any other computer code, files or programs designed to work around any technical limitations in the Services or that would interfere with the proper working of the Services; (vii) burdens the network capacity; or (viii) otherwise violates any applicable law.
(c) You shall not access the Services in order to build a similar or competitive website, product, or service. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Services.
Products and Services
User acknowledges and understands that use of this Site shall not result in a formal proposal of insurance, an offer of insurance coverage, or a binder of insurance coverage. Information input by the User into the Site is designed to generate a premium estimate only and does not guarantee that User will be offered a formal proposal of insurance or offer of insurance coverage. All coverages are subject to the terms and conditions of the insurance policies issued. Coverages and their availability may vary by state and your individual circumstances, and additional minimal coverage limits may be required in your state. The products and services offered in the Site are only available in the jurisdictions in which Turbo is properly licensed.
Third Party Sites and Content
As you use the Site, you may encounter windows and links that take you to web pages or websites of other companies to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. Turbo does not endorse, and takes no responsibility for such products, services, websites, and materials.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION.
THIS SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. Turbo MAKES NO WARRANTY THAT ACCESS TO THIS SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Turbo DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF THIS SITE, INCLUDING BOTH THIS SITE AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH THIS SITE, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN THIS SITE, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, OR (D) USER’S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THIS SITE.
LIMITATION OF LIABILITY
USER’S EXCLUSIVE REMEDY AND TURBO’S, ITS AFFILIATES AND/OR CONTRIBUTORS’ ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF THIS SITE WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC Turbo PRODUCT WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL TURBO, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO USERFOR ANY CLAIM RELATING IN ANY WAY TO (A) USER’S INABILITY OR FAILURE TO USE THIS SITE PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY TURBO, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THIS SITE’S DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER’S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE THIS SITE, EVEN IF Turbo, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TURBO SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
User agrees to defend, indemnify, and hold Turbo, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney’s fees and costs) made by any third party and arising from User’s use of or access to the Site, any content User posts, submits, transmits or otherwise makes available through this Site, User’s violation of the terms and conditions of this Agreement, or the violation of the intellectual property rights of any third party.
This Agreement embodies the entire understanding between User and Turbo with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
Turbo’s performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
In connection with using the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Turbo does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
This Agreement will be governed by and construed under the law of the state of Arizona, U.S.A. without giving effect to any principles of conflicts of law provisions. The parties agree that the state and federal courts sitting in Arizona will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by User without Turbo’s prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.