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Terms of Use
Please read Esurance's Terms of Use carefully before using Esurance's Web site,
www.esurance.com, (the "Site"). By using the Site, you agree to be bound by these
Terms of Use. If you do not agree with any part of these Terms of Use, you must
not use the Site. Your continued use of the Site will constitute your acceptance
of these Terms of Use, as may be modified by Esurance at any time without notice
to you. Please check this page regularly for updates.
Permitted Use
All of the content in the Site is made available only for your personal, lawful,
non-commercial use in connection with seeking insurance. Use of the Site by a competitor
company or other non-consumer third party is prohibited.
Except as expressly mandated by law, you may not, without our prior written permission:
(i) link from another Web site to the Site; (ii) post, transmit, copy, modify, create
derivative works from, distribute, sell, or republish anything you obtain or download
from the Site; or (iii) engage in systematic retrieval of data or other content
from the Site.
Copyrights and Trademarks
Except as otherwise indicated, all materials in the Site, including without limitation
the Esurance logo and other Esurance trademarks and service marks, are the property
of Esurance Insurance Services, Inc. and/or its affiliates or licensors and are protected by international
copyright and trademark laws, all rights reserved. You may use materials obtained
from the Site for the permitted purposes set forth in these Terms of Use, provided
that the following copyright notice appears in all copies of any downloaded or printed
materials: "©
2010
Esurance Insurance Services, Inc. All rights reserved." Any other use is prohibited.
Our Products and Services
The information and materials provided in the Site are intended for general reference
only, and may not describe all of the terms, conditions, and exceptions applicable
to Esurance's products and services. 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 minimum coverage
limits may be required in your state. The products and services offered in the Site
are only available in the jurisdictions in which Esurance is properly licensed.
Privacy and Passwords
Esurance values and protects the privacy of your information. Please review the
Esurance Privacy Policy, as it contains
important information relating to your use of the Site.
Some portions of the Site are protected and require a user identification code ("User
ID") and password for access. Unauthorized access or use of such portions of the
Site is prohibited. You agree that you will notify Esurance immediately if you believe
that a third party has obtained your User ID or password, or if you believe that
any unauthorized access or use may occur or has occurred. For your protection, if
Esurance believes that any unauthorized access may occur or has occurred, Esurance
may terminate such access without prior notice to you. You also agree that Esurance
is permitted to act upon any instructions received using your User ID and password
and to consider such instructions as authorized by you.
Third-Party Sites
At times, the Site may have links to Web sites hosted by other parties ("Third-Party
Sites"), or such Third-Party Sites may have links to the Site. These links are offered
as a convenience and for informational purposes only, not as referrals or endorsements
by Esurance of the Third-Party Sites. The Third-Party Sites are maintained by their
respective organizations, and those organizations are solely responsible for the
content of their own Web sites. Esurance does not verify nor make any warranty or
representation about the content, accuracy, opinions expressed, warranties, products
or services, intellectual property compliance, or links of such Third-Party Sites.
You should read the privacy policies and terms of use agreements of all Third-Party
Sites.
Disclaimer of Warranties
All information, products, content and other materials in the Site, accessible from
the Site, or in a Third-Party Site are provided "as is" and without warranties or
representations of any kind, either express or implied. This means that Esurance
expressly disclaims all warranties, express or implied, including without limitation
the warranties of title and non-infringement and the implied warranties of merchantability
and fitness for a particular purpose. In addition, Esurance does not represent or
warrant that: (i) the operation of the Site will be error-free or uninterrupted;
(ii) defects will be corrected; (iii) the Site, any emails sent by Esurance, or
the server that makes the Site available are free of viruses or other harmful devices;
(iv) the Site will be available to you or that you will qualify for products or
services offered; (v) the materials in the Site will be accurate as of any particular
date; or (vi) the products or services offered through the Site are available outside
of the United States or in jurisdictions in which Esurance is not properly licensed.
If you are in a state that does not allow a disclaimer of implied warranties, the
above disclaimer or a portion of it may not apply to you.
Limitation of Liability
Esurance shall not be liable for any loss, damage, injury, or claim, nor any special,
indirect, incidental, consequential, exemplary or punitive damages of any kind,
whether such action is based in tort, contract, negligence, strict liability, or
otherwise and even if Esurance has been advised of the possibility of such damages,
which arises out of or relates in any way to: (i) the Site, materials in the Site,
or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party
Site, or the inability to use any Third-Party Site; (iii) any defect, omission,
error, interruption, delay, or computer virus; or, (iv) except as a result of Esurance's
gross negligence or intentional actions, the unauthorized alteration of or access
to your transmissions or personal data.
If you are in a state that does not allow the limitation of liability for certain
damages, the above limitation of liability or a portion of it may not apply to you.
However, you agree in any event that Esurance's total liability for all damages,
losses, injuries, or claims of any kind or nature shall be limited to the amount
you have paid to access the Site.
Jurisdiction, Enforceability, and Termination
These Terms of Use and your use of the Site are governed in all respects by the
laws of the State of California, without giving effect to any principles of conflicts
of laws. Any dispute concerning the Site or these Terms of Use shall be subject
to the exclusive venue of a court of competent jurisdiction in San Francisco County,
California.
In the event that a court of competent jurisdiction holds any provision of these
Terms of Use to be invalid or unenforceable, then such provision shall be severable
from and shall not affect the validity or enforceability of the remaining provisions.
These Terms of Use are effective until terminated by either party. You may terminate
these Terms of Use without notice to Esurance by discontinuing all use of the information
contained in the Site and destroying the materials you have obtained from the Site,
including all related documentation and copies. Esurance may terminate these Terms
of Use and/or the products or services offered by Esurance at any time without notice
to you if, in our sole judgment, you breach any term or condition of these Terms
of Use. Upon termination, you must discontinue all use of the information contained
in the Site and destroy the materials you have obtained from Esurance, including
all related documentation and copies. Esurance is also entitled to terminate all
or part of the Site at any time, without notice to you.
These Terms of Use state the entire agreement with regard to the items discussed
above.
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