ECHOQUOTE TERMS OF USE
BY ACTIVATING AND USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS FREE-TRIAL AGREEMENT (this "Trial Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS Trial Agreement , YOU MAY NOT ACTIVATE OR USE THE SERVICE.
1. DEFINITIONS
"Company" means EchoQuote™, LLC.
"Service" means EchoQuote™ Self-Service Pricing service ("EchoQuote™").
"You" means the natural person or the entity that is agreeing to be bound by this Trial Agreement, their employees and third party contractors that provide services to you.
"EchoQuote™" means a Software-as-a-Service (SAAS) available at http://www.echoquote.com
2. TERMS AND CONDITIONS
2.1. Company grants to You a non-exclusive, non-transferable license, without rights to sublicense, to use the Service.
2.2. Service Warranty Disclaimer. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Company BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE PRODUCT.
2.3. You also agree that You will NOT without the express written authorization of Company
(a) copy, sell, sublicense, or otherwise transfer the Service to any third party;
(b) remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the software in the Service;
(c) except to the extent expressly permitted by applicable law, and to the extent that the Company is not permitted by that applicable law to exclude or limit the following rights, You will not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Service, in whole or in part. You will not create a similar product or service, for free or for resale, based on the processes provided by EchoQuote™.
2.4. SUPPORT AND SUBSCRIPTION SERVICES NOT INCLUDED. Company is not obligated to provide any support services under this Trial Agreement.
2.5. The data collected under the terms of this Trial Agreement remain the property of Company.
3. TERMINATION
3.1. This Trial Agreement shall commence as of the date on which the submitted registration request has been received by Company and, unless terminated earlier in accordance with this Trial Agreement or extended agreement of the parties, shall automatically terminate after one (1) year from the start date of Trial Period.
3.2. Termination. Company may terminate this Trial Agreement at any time.
3.3. From time to time, Company may change the terms of this Trial Agreement. Your continued use of the Service will indicate Your agreement to the change.
4. LIMITATION OF LIABILITY
4.1. Company PROVIDES THE SERVICE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS Trial Agreement OR COMMUNICATION WITH You. Company SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
4.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Company BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE.
5. GENERAL
5.1. Governing Law. This License Agreement shall be governed, construed and enforced in accordance with the laws of the United States of America and of the State of Maryland.
5.2. Entire Agreement. This Agreement constitutes the entire and only agreement between the parties for Service and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
5.3. Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this Trial Agreement will act as a waiver of those rights. This Trial Agreement may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.
5.4. Severability. If any provision of this Trial Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Trial Agreement will not be affected.
5.5. Government Restrictions. This service is available only to Commercial entities registered in the United States or Canada.
5.6. All disputes arising out of or relating to this Trial Agreement will be exclusively resolved under confidential binding arbitration held in Frederick County, Maryland. To the fullest extent permitted by applicable law, no arbitration under this Trial Agreement will be joined to an arbitration involving any other party subject to this Trial Agreement, whether through class arbitration proceedings or otherwise. Any litigation relating to this Trial Agreement shall be subject to the jurisdiction of the Federal Courts of the state courts of the State of Maryland, with venue lying in Frederick County, Maryland.
5.7. Title. Company retains all right, title, and interest in and to the Service and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.
5.8. Contact Information. If You have any questions about this Trial Agreement, or if You want to contact Company for any reason, please email support@echoquote.com.
