Terms & Conditions
Acceptance of Terms
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE AND THE SERVICES OFFERED ON THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR ACCESS AND USE OF THIS WEBSITE OR SERVICES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. If You disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this Website or any of its related Services. These Terms and Conditions are to be read in conjunction with the above Privacy Policy, which are incorporated herein by reference.
About This Site
This Website is part of the The Pocket Protector network. The Pocket Protector.com is an online service, specializing in providing insurance quotes, enrollment options, and connecting insurance shoppers with professionals who can assist them. The Pocket Protector does not endorse any particular insurance plan, provider, or agent. Any information provided about any particular insurance plan, provider, or agent shall not be construed as an endorsement by The Pocket Protector.
Personal and Noncommercial Use Limitation
In consideration of Your use of the Site and Services, You agree to provide true, accurate and current information about yourself as prompted by the required registration forms. This Site is for Your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or service found on or obtained from the Site; provided that You may download, reproduce, and retransmit The Pocket Protector Information solely for non-commercial purposes within Your organization. With the exception of the foregoing limited authorization, no license or right in any copyright of The Pocket Protector or any other party is granted or conferred to You.
Copyright and Proprietary Rights Information
The Site may contain technical inaccuracies or typographical errors or omissions. The Pocket Protector reserves the right to make changes, corrections and/or improvements to the Site, and to the Services, products, and programs described in such information, at any time without notice.
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of The Pocket Protector. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of The Pocket Protector and/or other parties is granted to or conferred upon You. Third party logotypes, brand marks, and service marks are the property of their respective owners.
We retain all rights, title, and interest in and to Our Site and Services, including all content, data, materials, specific implementations of XHTML, CSS, and other code, the look and feel, the design, and all other aspects of the trade dress of this Site, and retain all intellectual and property rights therein.
Use of Our Services by You does not grant to You ownership of Our Services, and any commercial use or exploitation of the Service by You is expressly prohibited. You may not exploit, copy, redistribute, or reproduce any aspect of Our Services. Doing so may be a violation of applicable Federal and state laws and may subject You to liability.
We reserve all the rights to Our Site contents, and may at Our discretion change the contents of the Site, or restrict access to certain sections of the Site, or to discontinue any aspect of the Site or Services, including, but not limited to content, features, hours of availability, without notice or penalty.
Your Use of The Service
You warrant and agree that, while using Our Services, You will not do any of the following:
- impersonate any other person or entity
- submit any information pertaining to a third party without that party’s understanding and express consent
- submit false or misleading information
- exploit Our Services for any commercial reason, including predatory litigation
- engage in any activity prohibited under the CAN-SPAM Act
- engage in any criminal or otherwise unlawful behavior
- commit any action which could give rise to civil liability
- restrict others from making use of Our Services
- upload or attempt to upload any computer virus, malicious computer code, file program, or any other digital property
- commit any action that interferes with, blocks, or otherwise harms Our Services
Links to the Website
You may not establish a hypertext “link” to the Site and/or distribute, modify or re-use the text or graphics of the Site unless You obtain prior express written permission from The Pocket Protector allowing You to do so.
Links to Third Party Sites
This Site may contain links to sites that are controlled by third parties. These linked sites are not under the control of The Pocket Protector, and The Pocket Protector is not responsible for the contents of any linked site or any link contained in a linked site. The Pocket Protector is providing those links to You only as a convenience, and the inclusion of any link does not imply endorsement by The Pocket Protector of any linked site or constitute any warranty by The Pocket Protector of any linked site or any items contained on such site.
Governing Law
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Illinois applicable to contracts entered into and to be performed entirely within the State of Illinois. Further, as a condition of Your use of the Site, You warrant to The Pocket Protector that You will not use the Site for a purpose that is unlawful or prohibited by these terms, conditions, and notices.
Arbitration and Concerted Action Waiver
Any dispute arising out of or related to the Site or Services shall be settled through arbitration administered by the American Arbitration Association (“AAA”) and under the appropriate rules of the AAA. You further agree that the arbitration shall take place in Chicago, Illinois. We further agree that both parties will faithfully observe this agreement and the AAA rules, that We will abide by and perform any award rendered by the arbitrator(s), and that a judgment of any court having jurisdiction may be entered on the award. We will not enforce arbitration for individual disputes being pursued solely in the Pro Se Small Claims Court of the Circuit Court of Cook County, Illinois.
Further, arbitration must be on an individual basis. Neither You nor We may join, consolidate, or form a class, in arbitration or through any form of litigation for a dispute of any amount.
You may reject the Arbitration and Concerted Action Waiver agreement but only if We receive from You a written notice of rejection within 30 days of Your use of this Site. You must send the notice of rejection by certified mail to: The Pocket Protector, LLC 222 West Merchandise Mart Plaza, Suite 1750 Chicago, IL 60654 ATTN: General Counsel.
Disclaimer of Warranties
Our Services are provided on an “as is” and “as available” basis to the fullest extent permitted by law, We make no representations of warranties of any kind, express or implied, regarding the use of the Site or Services. We disclaim all warranties regarding the accuracy or reliability of the information provided, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, or non-infringement, other than those warranties which are imposed by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WE ATTEMPT TO PROVIDE ACCURATE INFORMATION REGARDING INSURANCE PRODUCTS AND SERVICES; HOWEVER, WE CAN MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THIS INFORMATION. THE INFORMATION PROVIDED ON THIS SITE IS NOT INTENDED TO CONVEY HEALTH, TAX, OR LEGAL ADVICE. FOR MORE DETAILED EXPLATIONS OF THE LAWS, PLEASE CONSULT AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT, AS MAY BE APPROPRIATE.
WE MAKE NO REPRESENTATION, EITHER EXPRESS OR IMPLIED, OF ANY SPONSORSHIP BY ANY COMPANY MENTIONED ON THIS SITE, OR OF ANY OTHER RELATIONSHIP WITH ANY SUCH COMPANY. WE MAKE NO GUARANTEE, EXPRESSED OR IMPLIED, THAT A USER WILL BE ABLE TO OBTAIN A QUOTE FROM ANY PARTICULAR COMPANY OR PROVIDER MENTIONED ON THIS SITE. AVAILABILITY OF PRODUCTS OR SERVICES MAY VARY BY STATE AND MAY NOT BE AVAILABLE TO YOU. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE POCKET PROTECTOR, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE OR SERVICE
Indemnification
You agree to indemnify and hold harmless The Pocket Protector (and its parents, directors, officers, employees, subsidiaries, agents, and affiliates) from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, due to or arising in any way from the use or misuse by You of the Service, Your violation of these Terms and Conditions, Your violation of any law, or infringement by You of any right of any person or entity.
Other
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the other provisions shall remain in full force and effect. Further, You agree that for any provision that may be found to be invalid and unenforceable, You shall ask the court to endeavor to give effect to the intent of the provision. These Terms and Conditions constitute the full understanding between You and Us. You agree that any claim arising from or related to the Service must be filed within twelve (12) months of Your use of the Service, regardless of any statute or law to the contrary.
Changes and Updates
We reserve the right to make changes and update Our Privacy Policy and these Terms and Conditions at any time, at Our sole discretion. An updated copy of Our Privacy Policy and these Terms and Conditions will be kept clearly posted and accessible on this Site at all times.
Contacting Us
If you have any questions about The Pocket Protector, this Website, Our Service, Privacy Policy or Our Terms and Conditions, you may contact us at:
The Pocket Protector, LLC
2045 W Grand Ave, Ste B
Chicago, IL 60612
If your personally-identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing our Customer Support at customerservice@The Pocket Protector.com. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.