QBIS Insurance Solutions, Inc. – Terms of Use

Welcome to QBIS Insurance Solutions, Inc.’s (“QBIS™”) website. We are pleased to provide you with the information, content, products and services available here. Please read the following Terms of Use and the Privacy Policy, available at www.qbisins.com/privacy before using our website. These Terms of Use, and the incorporated Privacy Policy, are a binding agreement between you and QBIS™. By using our website, you agree to follow and to be bound by these Terms of Use, including the Privacy Policy, which applies to and governs your use of our website. If you do not agree to these Terms of Use, you may not use our website.

 

These Terms of Use apply to your access to, use of, and registration with the QBIS™ website. If you choose to purchase an insurance policy or policies through this website, the terms and provisions governing such policies and any coverage hereunder shall be set forth in the policy or policies issued. Nothing in these Terms of Use modifies or negates the terms or provisions of any insurance policy purchased through this website, and, if there is any inconsistency between these Terms of Use and those of a policy purchased through this website, the Term and Conditions of the insurance policy shall govern.

Parties Involved:

As a customer, your interaction will be with a licensed insurance agent or insurance brokerage who is your representative and expert with respect to the insurance transaction (“Agent”). Your Agent has contracted with QBIS Insurance Solutions, Inc (“QBIS”) to be a wholesale insurance brokerage or Managing General Agency (MGA). The responsibility of a wholesale insurance brokerage or MGA is to provide your Agent access to a suite of high quality insurance companies and customized insurance products. QBIS has also developed the technology and processing system that executes and performs the quoting, binding and servicing of the insurance products. This is the system and website that these Terms of Use apply to. If you make payments on this website, they will be processed by QBIS and your credit card statement will show QBIS as the payee.

  1. Products & Services

This website provides access to a variety of insurance-related products and services intended for use by adult citizens of the United States 18 years of age and older. As described in QBIS’s™ Privacy Policy, our website is not targeted to users under the age of 13, and we do not collect personally identifying information from children under the age of 13.

 

To the full extent allowed by law QBIS™ reserves the right to refuse service or to sell a product to anyone or any organization at its sole discretion. Likewise it reserves the right to terminate service with or without notice to anyone who is suspected of or in fact is violating any of these terms and conditions even if unknowingly doing so. If for any reason QBIS™ does not exercise any of its rights at any time and for any reason, it does not waive the right to enforce its rights in the future.

Unless specifically agreed to in writing between you and QBIS™, your access and use of this website and its contents may be terminated at any time and with or without notice.

  1. Copyrights and Trademarks

All content and intellectual property included or available on our website, including website design, code, text, graphics, interfaces, and their selection and arrangements are copyrighted and are owned by QBIS™ with all domestic and international rights reserved, or is the property of third parties protected by their intellectual property rights. With respect to all such content, code and other material and other information, you may not, without our prior written permission, or as expressly allowed herein or as expressly permitted by applicable law, archive, display, publish, re-publish, broadcast, transfer, replicate, distribute or modify any content of our website or any portion thereof. Furthermore, except as specified elsewhere on this website, you may not perform data extraction or data mining or use the content of our website, or any portion thereof, for any commercial purpose. You further agree that you will not use or cause to be used any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.

All logos, brands, trade names, and trademarks found on or through this website are the property of the respective owner(s). You agree not to use any of them beyond the use allowed by law or as expressly permitted by the respective owner(s) without the prior written approval of the respective owner(s). You also agree not to use or cause to be used our property or the property of others that is available on or through our website in any way that may cause confusion in the marketplace, or in any manner that is likely to discredit or otherwise cause harm to the products, services, goodwill, or reputation of the owner(s).

 

By displaying or allowing to be displayed on this website the products, logos, services, trademarks, trade names, or links belonging to or associated with other people or entities, QBIS™ does not imply, directly or indirectly, that we endorse or recommend them or that any affiliation, partnership, or other association exists between them and QBIS™.

  1. Limited Non-Exclusive License

All information, content and software displayed on our website belongs to QBIS™ and/or its affiliated companies, licensors and suppliers. As a user of our website QBIS™ hereby grants you a non-exclusive revocable, non-transferable license to use, view, store, bookmark, download and print the pages of our website and its contents for your personal, noncommercial use. You may not use our website for commercial purposes or in any way that harms QBIS™ or another person or entity or in any way that is unlawful. Your license may be revoked with or without notice should your use of the website violate any of these Terms of Use as determined in our sole discretion.

The license granted to you is limited in scope, and QBIS™ reserves all rights not expressly granted in these Terms of Use.

  1. Archiving of Content

Some content on this website is stored indefinitely, while other content is removed with or without notice at the sole discretion of QBIS™. No guarantee or warranty, either expressed or implied, is made with regard to the length of time any content may be available to the user.

  1. Prohibited Uses

You may not use or access this website in any manner that could damage, disable, or overburden any QBIS™ server or network; interfere with any other party’s use of our website; or gain unauthorized access to, or probe scan or test the vulnerability of, any portion of our website, data, servers, or customer accounts or information.

  1. User Content

We may elect from time to time to allow users or registered users to post comments, participate in blogs, enter discussions, or otherwise provide content that will appear on or through our website. Any such material is called “User Content,” and is subject to the standards, terms and conditions outlined herein.

 

By submitting or posting User Content to our website, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the User Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. This license is effective immediately when you upload or submit User Content. The license you grant to us also includes the right to exploit any proprietary rights in the User Content you post or submit, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. You also understand and agree that you will not receive any compensation for User Content you provide to our website.

You represent and warrant that you have all necessary legal rights, including intellectual property rights, to any User Content you provide or upload on or to our website and that such User Content does not and will not violate any laws or the rights of any other person or entity. You must not post any User Content that, as determined by QBIS™ in its sole discretion, is or appears to be:

  1. Untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
  2. Infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
  3. Of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
  4. Unsolicited, undisclosed or unauthorized advertising;
  5. Software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. Data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
  7. In violation of any applicable local, state, national or international law (including export laws).

You agree that we have no obligation to monitor User Content and you understand that we do not in any way endorse, sanction, or approve the information, views, or opinions contained in any User Content. However, we expressly reserve the right to monitor and remove any User Content at any time, with our without notice, and for any reason, including, but not limited to, violations of the Terms of Use governing User Content or in response to a notification that such User Content infringes a copyright belonging to another person or entity.

  1. Copyright Infringement Notices

QBIS™ respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit QBIS™ to locate the material (for example, by providing a URL to the material);
  4. Your name, address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

Our designated agent to receive notification of claimed infringement can be reached at:

Operations Manager

QBIS Insurance Solutions, Inc.

344 20th Street, Suite 310

Oakland, CA 94612

operations@qbisins.com

 

It is our policy to terminate in appropriate circumstances any account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an account or user for even one instance of infringement.

  1. Cancellation of your policy

The following provisions are subject to the specific language of your individual insurance policy, but in general:

  • If your policy is canceled by your insurance carrier for any reason, you will be entitled to a pro-rata refund of the unearned premium. The refund will be made as soon as possible after the insurance carrier has provided notice and processed the cancellation.
  • If your policy has been premium financed and is canceled for non-payment of premium by the finance company, you will be entitled to a pro-rata refund of the unearned premium. The refund will be sent to the premium finance company as soon as possible after the insurance carrier has processed the cancellation.
  • If you cancel your policy for any reason, you will be entitled to a short rate refund of the unearned premium. You will be charged a short rate fee equal to 10% of the unearned premium. The short rate fee is in addition to the earned premium retained by the insurance carrier. The refund will be made as soon as possible after the insurance carrier has processed the cancellation. The refund will be sent to the premium finance company if your policy has been financed.
  1. Coverage

Coverage will vary by insurance company and may also vary based on your responses to application questions and individual state law requirements. It is your responsibility to read and understand the policy wording and any applicable endorsement wording available to you before purchasing a policy through our website. Specimen copies of the insurance policies available to you through your Agent or often times provided on the quote comparison page of our website. Any summary of coverage provided by our website or by our representatives or Agents is only for your convenience, but in no way does it alter the actual contracts of insurance. For exact coverage details, refer to the insurance policies themselves and in the event of conflicting statements, the policy conditions supersede any summaries provided by our website or by our representatives. Higher limits of liability may also always be available upon request.

  1. Disclaimer

Access TO and use of this website, and all content, services, functions and materials provided through it, are provided on an “as is” and on an “as available” basis. Even though we make reasonable efforts to ensure high quality products and services, QBIS™ does not make any assurance that the information on this WEBsite is accurate or error-free. QBIS™ AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND THIRD PARTY VENDORS (REFERRED TO AS THE “QBIS PARTIES” IN THIS SECTION) EXPRESSLY DISCLAIM ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED) REGARDING SECURITY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (A) QBIS’S WEBSITE AND ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH IT; (B) USE OF THE WEBSITE, MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH IT; AND (C) THE RESULTS OF THE USE OF THE WEBSITE, MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH IT.

THE QBIS™ PARTIES FURTHER AND EXPRESSLY DISCLAIM ALL WARRANTIES (WHETHER EXPRESSED OR IMPLIED) WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS WEBSITE.

  1. Limitation of Liability

QBIS™ including its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, AGENTS, LICENSORS, AND THIRD PARTY VENDORS (REFERRED TO AS THE “QBIS Parties” IN THIS SECTION) shall not be liable for any damages whatsoever, CAUSED BY THE USE OF (OR INABILITY TO USE) THE QBIS™ WEBSITE, THE MATERIALS, SERVICES, AND PRODUCTS MADE AVAILABLE THROUGH IT. more particularly, the QBIS parties shall not be liable jointly or severally for any special, DIRECT, indirect, punitive or exemplary, consequential, or incidental damages, or damages for lost profits, loss of INCOME OR revenue, or loss of use OR DATA, OR DAMAGES CAUSED BY UNAUTHORIZED ACCESS, THEFT, COMPUTER OR COMMUNICATIONS FAILURE, OR THE COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES arising out of or related to this WEBsite or the information, MATERIALS, SERVICES, AND PRODUCTS MADE AVAILABLE THROUGH IT, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the QBIS™ Parties have been advised of the possibility of such damages or could have foreseen any such damage. If any applicable authority holds any portion of this section to be unenforceable, then the QBIS™ Parties’ liability shall be limited to the fullest extent permitted by applicable law.

  1. Indemnification

To the fullest extent allowed by law you agree to indemnify and hold harmless QBIS™, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees, agents, licensors, and third-party vendors (referred to as the “QBIS Parties” in this section) from any claim or demand, including reasonable attorneys’ fees and costs, made by any governing authority or third party related to or arising from your use of this website, any dispute between you (or another user) and a Provider, any User Content you provide or post to our website, the violation of this agreement, or infringement by you of any other party’s property or intellectual property rights. Your obligation and agreement to indemnify the QBIS™ Parties under the provisions of this paragraph extends to all access to and use of our website initiated from your computer or under your registration.

  1. Third-Party Websites

This website may include links to other websites that are owned and operated by others who are not a party to this agreement. You acknowledge that QBIS™ is not responsible in any way for the availability of, or the content located on or through, any third-party website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such websites. Your use of those third-party websites is subject to the terms of use and privacy statement of each respective website. You are encouraged to carefully read all of these statements on third-party websites before using or accessing them.

  1. Modifications and Interruption to Service

Unless QBIS™ and you have agreed in writing otherwise, QBIS™ reserves the right to modify or discontinue any service to you for any reason whatsoever, with or without notice. QBIS™ shall not be liable to you or any third party should it exercise its right to modify or discontinue a service. By your accessing or otherwise using this website you acknowledge and agree that QBIS™ does not guarantee continuous, uninterrupted, or secure access to this website. Even though we give reasonable efforts to avoid any such disruption you understand and agree that this website may be unavailable or impaired at any time and for any length of time.

  1. Compliance

As a user of this website you are responsible to know, understand, and comply with all governing laws and regulations at all times you are accessing or otherwise using this website. You agree that you shall not use this website in any way that is not in compliance with all applicable laws or regulations. You further agree not to transmit any material that encourages conduct that is against any applicable law or regulation.

  1. Governing Jurisdiction

This website is governed by the laws and regulations of California. It is likewise subject to the laws and regulations of the United States of America. QBIS™ does not represent that our website will be available in other countries or jurisdictions.

  1. Notice

Any legal notice or question pertaining to these Terms of Use is to be directed to the following address:

QBIS Insurance Solutions, Inc.

344 20th Street, Suite 310

Oakland, CA 94612

operations@qbisins.com

  1. Changes

At any time QBIS™ may change these Terms of Use, which includes our Privacy Policy, and any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the website and sending you an email to your QBIS™ email account or to the non-QBIS™ email address we have on record for you. Your continued use of the website after our notice to you of a change in the Agreement will mean that you have agreed to be bound by the amended Agreement. It is critical that you keep your email contact information correct and updated with QBIS™ at all times. In addition, we encourage you to check back regularly to review these Terms of Use.

  1. Dispute Resolution Exclusively Through Binding Arbitration

You hereby acknowledge that you have many choices when using the Internet to research and obtain insurance products and policies and that QBIS™ is one of numerous companies through which you may purchase and research insurance policies and products. This dispute resolution provision and the choice of binding arbitration applies to you to help keep our costs low and to help us to keep the price of our products and services low and to help us to continue to provide some of our services to you free of charge.

 

To the full extent allowed by law, any claim or controversy arising out of or related to our website, or its access or use, or any alleged violation of these Terms of Use, shall be resolved through binding arbitration. The arbitration proceedings shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection, and the Federal Arbitration Act. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The parties further agree that they may only bring claims in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction over it. By accessing or using this website in any way, you automatically affirm that you acknowledge, understand, and agree to this dispute resolution provision. You further agree that by accessing or using this website you freely and automatically give up your right to settle any such controversy or claim in a court of law or in a trial by jury.

  1. Severability

If for any reason any part of these Terms of Use is deemed unlawful, void, or unenforceable by governing authority, that part shall be automatically deleted or amended to the extent necessary to bring it into compliance. All other parts shall not be affected and shall remain valid and enforceable to the full extent allowed by governing law.

  1. Entire Agreement

These Terms of Use, inclusive of the incorporated Privacy Policy, constitute the entire agreement between you and QBIS™ regarding the use of our website.

  1. Miscellaneous

You also agree that these Terms of Use and any other agreements referenced herein may be assigned by QBIS™, at its sole discretion, to a third party in the event of sale, merger, acquisition, or liquidation. You further agree that by accepting these Terms of Use, QBIS™ may use and disclose your personal information in accordance with its current privacy statement posted on this website.

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