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Last Revision: 10/19/2005
4freequotes.com, Inc
PO Box 1039
N. Massapequa, NY 11758
URL: http://www.4freequotes.com
Email: support@4freequotes.com
Notice to Agents & Brokers
Terms and Conditions
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Please read the following terms and conditions
related to participating in 4freequotes.com, Inc.’s “National Insurance
Directory” (the “Insurance Directory”), a group of web sites maintained by
4freequotes.com, Inc. (“4freequotes”,"we", "us").
Upon agreement with the terms described below, you - the agency
principal, agent, broker or authorized representative (“Insurance
Professional", "you", "your”) may complete our agreement.
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How this Site Works
4freequotes generates insurance
quote requests ("Leads", "Quote Requests") via a number of insurance
specific web sites ("the Sites", "Site") specifically for Insurance
Professionals. You, as a duly licensed Insurance Professional, wish to respond to
Quote Requests submitted by insurance consumers and must be duly licensed
and offer only insurance products to do so.
By successfully completing 4freequotes' online enrollment forms -access to which is granted at http://www.4freequotes.com/info.html-
an account is created for you ("the Account"). Successful completion
of the enrollment forms mentioned above requires you to:
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provide contact information for your agency or brokerage;
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specify the insurance licenses held by you on a state-specific
basis;
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specify the Lead types you wish to receive from consumers, each of
which is priced individually;
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apply lead filters for each type available
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specify the geographic areas, in which, you wish to respond to
consumer Quote Requests;
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list your insurance company affiliations;
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signify agree to the terms and conditions contained herein;
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deposit money into your Account via credit card thereby creating a
debit balance;
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select the amount you wish automatically billed to your credit card
in dollars when your balance reaches $20 or less;
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select the monthly cap which will limit your spending on a monthly
basis.
Each Quote Request
received by your agency will result in a debit to your Account in the
amount corresponding to the cost of that particular Lead type and any
additional filtering.
4freequotes will provide you with a real-time accounting of all
transactions effected in your Account through a password protected
administration area
("Broker Log-in Area"). When your balance reaches $20 or less,
your credit card will be automatically billed the amount you select as
outlined above. If you reach your monthly spending cap, your account will
be deactivated at that point and you will be notified in writing that this
has occurred. You may edit your cap at any time or add funds manually if
you have already reached your cap to continue receiving leads. Successful completion of the
manual credit card replenishing form will result in an
immediate credit to your Account. In the event your balance falls to $5 or
below as a result of a debit, your Account will be set to inactive status,
and you will not be eligible to receive Leads until your Account is
subsequently funded via credit card or check, or, it is reactivated
automatically on the first of the new month with a corresponding charge to
your card in the amount you have chosen.
Upon replenishing your Account by depositing funds via
credit card or check, the Account status will be set to active, and you
will again be eligible to receive Leads. You retain full control over the Account, the
Lead types received and the geographic areas from which they are requested.
Duplicate Leads will not be
charged to your Account. You will only be charged for Leads from the
states in which you are duly licensed and states where you have
requested to receive Leads. Within the Broker Log-in Area, exists a Lead
dispute function for bogus Leads- credits for which are at our sole
discretion and do not include Leads that you are unable to underwrite or
place with an insurance carrier. 4freequotes implements several
levels of filtering to curtail the bogus requests, but inevitably a few
slip through on a monthly basis. 4freequotes will promptly review all
request for credit and if granted your Account will be credited
instantly.
4freequotes shall provide the
following for each Account:
(a) maintenance and promotion of the Web Sites; (b) response to
your
inquiries in a timely fashion; and (c) changes to your Account in a
timely fashion if you are unable to successfully make the changes
yourself.
As part of the services to be provided, 4freequotes
shall promote http://www.4freequotes.com through search engine listings, banner
swaps and banner advertising and any other form of advertising 4freequotes deems
appropriate.
All Quote Requests shall be forwarded directly to you via the email address
you supply 4freequotes
during the enrollment process. For an additional fee of fifty(50)
cents per Lead, Leads may be delivered to your fax machine at the
number you supply 4freequotes.
You agree to respond to
all Quote Requests in a timely fashion to the best of your professional ability.
In response to successfully submitting a Quote Request, the consumer
will receive a confirmation email containing the following information:
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Your agency
name;
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Your agency
phone;
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the email
address you supplied;
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Your agency's
web address, where applicable.
4freequotes makes no representation as to the number of Leads you will
receive since the Quote Requests are completed directly by consumers at
their will. 4freequotes reserves the right to
change the appearance of the Insurance Directory at any time, including
all forms. 4freequotes makes no representations as to the validity, accuracy or
completeness of the information submitted by the consumer, yet
4freequotes makes every effort to obtain the details you require to provide accurate comparisons to
the consumer.
4freequotes reserves the right to select which
Insurance Professionals may create an Account in the Insurance Directory.
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Licensing of Insurance Professionals
As a prerequisite to creating an Account in the
Insurance Directory, you represent and warrant to 4freequotes
that: (1) you are properly licensed in each state that you sell
insurance and/or financial services product; (2) you are properly authorized to advertise and sell
each product or service subscribed to at 4freequotes; (3) all statements
and/or representations
made by, or, on your behalf are clear, truthful
and not misleading; and (4) that the use of any name, picture, likeness, reproduction, endorsement,
copyrighted item, telephone number, address, trademark, service mark or trade name in, or
in connection with your Account is duly authorized. you shall immediately
advise 4freequotes with respect to any violations of the
foregoing warranties. You assume sole responsibility
for the protection of any copyrights, trademarks, service marks and trade names owned
wholly or partially by you or which you are duly authorized to use,
whether or not included in your Account and shall hold 4freequotes free and harmless
from and against any and all liability for infringement thereof.
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Limitation of Liability
4freequotes disclaims any liability for
information stored on its servers, including damage or
destruction to your information and/or unauthorized use of your information by a third party.
All information stored on 4freequotes' servers shall be securely backed up
daily and all credit card information supplied by you will be encrypted
for storage or it shall not be stored at all.
Any claim by
you arising out of a breach of the terms hereof by 4freequotes
shall be waived unless you give 4freequotes written notice thereof
within thirty (30) days of the alleged breach by 4freequotes. 4freequotes shall not be liable for any lost
profits or damages for any breach of 4freequotes’ obligations hereunder.
In the event a court of competent jurisdiction determines that
4freequotes has breached the terms hereof, your exclusive remedy shall
be limited to 4freequotes’ replication of the services in order to
correct any such breach.
4freequotes shall be given a reasonable opportunity to
investigate all claims of alleged breach.
You agree to, and hereby do, indemnify, defend and hold 4freequotes,
its principals, employees and agents, harmless from and against any and all loss, claim,
damage, expense, penalty, demand, reparation, cost of defense, attorneys’ fees or
liability whatsoever arising out of or in any way caused by or in connection with the
services furnished pursuant to this Agreement.
You shall hold harmless 4freequotes, its principals, employees and
agents from any action brought by a consumer or business entity. In no event shall 4freequotes, its principals, employees or
agents be held liable for any damages arising out of or in connection
with the use or misuse, errors or omissions with regard to the
information contained on 4freequotes’ web site or submitted by consumers
via the Quote Request forms.
You acknowledge that the Insurance Directory may experience interruption in service and
access for reasons that may be within or beyond the control of 4freequotes . Accordingly, 4freequotes shall not be liable for any incidental,
consequential, exemplary, or special damages, including but not limited to lost profits
and damages arising from loss of business even if 4freequotes
has been advised of the possibility of such damages and whether any such damages are based
on contract, tort, strict liability or any other legal theory.
4freequotes disclaims all express, implied, and
statutory warranties with respect to the access and
services provided hereunder, including but not limited to the implied warranties of
fitness for a particular purpose, merchantability and non-infringement of third party
rights.
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Miscellaneous
Entire Agreement. This agreement comprises the entire agreement
among you and 4freequotes and supersedes any prior agreements pertaining
to the subject matter contained herein. 4freequotes reserves the right to
change or revise the terms and conditions of this Agreement at any time by
posting any changes or a revised Agreement on this site (4freequotes.com).
4freequotes.com will alert you that changes or revisions have been made by
indicating on the top of this Agreement the date it was last revised. The
changed or revised Agreement will be effective 7 days after posting for
current customers and immediately after it is posted on this Web site for
new enrollees. Your use of the Services following the posting of any such
changes or of a revised Agreement will constitute your acceptance of any
such changes or revisions. 4freequotes.com encourages you to review this
Agreement whenever you visit the 4freequotes.com Web site to make sure
that you understand the terms of the Services provided to you. This
Agreement does not alter in any way the terms or conditions of any other
written agreement you may have with 4freequotes.com for other products or
services. If you do not agree to this Agreement (including any referenced
policies or guidelines), please immediately terminate your use of the
Services by emailing
support@4freequotes.com or faxing your request. If you would like to
print this Agreement, please click the print button on your browser
toolbar.
No party hereto nor any person acting on behalf of such party shall be
deemed an employee of the other party for any purpose whatsoever. This
agreement shall be governed by, and construed in accordance with, the laws
of the State of New York, including, without limitation, those relating to
conflict of laws. Any action or lawsuit brought by any of the
parties hereto shall be filed and adjudicated in Nassau County, New York.
This agreement shall only be amended in writing, executed by duly
authorized representatives of the parties.
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Termination
Either party may terminate this Agreement as follows:
Due to the real-time nature of this program, 4freequotes reserves
the right to reject any submission and void/refund the associated charge.
You may terminate this agreement at any time by sending a request via
email to support@4freequotes.com or fax
to 516-409-4999. In the event you request termination, but fail to provide 4freequotes 48 hours to complete
the transaction and initiate a chargeback proceeding with your card
issuer, you agree to reimburse 4freequotes for any and all fees incurred by
4freequotes during the process.
4freequotes may terminate this agreement: (a) immediately for conduct arising out of or in connection with
non-payment of fees due herein, false or inaccurate information supplied by
you or your representative to 4freequotes; breach of any term,
representation or condition of this agreement; fraud; consumer complaints; improper or insufficient
licensing or misappropriation of information submitted on this site by consumers; and
(b) upon 7 days notice for any other reason.
Upon termination, where applicable, any refund due you will
consist of no more than the remaining balance on file at the time the
request to terminate is received or given by 4freequotes, and credit will
be made in the same fashion as the initial payment. Set-up fees to create an optional web page or site are
non-refundable.
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Payment
Should payments be made by credit card, you
agree to pay the credit card issuer.
A $20.00 bounced check fee
will apply to all checks returned by our bank due to insufficient funds. Rates are subject to change. However, notification of rate changes will be provided in writing, via email and
you will have an opportunity to discontinue should you not accept the rate changes.
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