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EVERQUOTE PRO TERMS OF USE
UPDATED: March 2025
These EverQuote Pro Terms of Use (the “EverQuote Pro Terms”) govern your
(“Agent” or “you”) use of and access to the EverQuote Pro platform provided by
EverQuote, Inc. (“EverQuote” or “we”) through https://pro.everquote.com/,
pro.everquote.com/eq, and/or other similar applications, and your purchase of Leads or
Calls (each as defined below) from EverQuote (collectively, the “Services”). Through
the Services, we (a) provide you with data (“Lead Data”) about potential end-consumers
(a “Lead”) who have requested information about insurance options from insurance
agents, insurance carriers, and other similar parties (each a “Provider”), (b) permit you
to connect via a call transfer from EverQuote with consumers (“Calls”). By accepting the
EverQuote Pro Terms (via online button click, signing or electronically signing a
document linking to the EverQuote Pro Terms, or any other manifestation of assent) or
using our Services, you agree to the EverQuote Pro Terms, on your own behalf and on
behalf of any organization or entity for which you use EverQuote’s Services, including
the mandatory arbitration provision and class action waiver in Section 21. If you do not
agree to these EverQuote Pro Terms, do not use our Services. If you have any
questions about these EverQuote Pro Terms or our Services, please click here or call
844-707-8800.
We may make changes to these EverQuote Pro Terms from time to time. If we make
changes, we will provide you with notice of such changes via email notification to the
email address that we have on file for you, U.S. mail to the physical address that we
have on file for you, and/or providing a notice through our Services, and you consent to
such notices as legally effective upon delivery of the email or U.S. mail, or providing
notice through our Services. Unless we say otherwise in our notice, the amended
EverQuote Pro Terms will be effective immediately, and Agent’s continued use of the
Services (including the EverQuote Pro platform) following notice of any such change,
modification or amendment to these EverQuote Pro Terms will constitute Agent’s
acceptance thereof. If you do not agree to the amended EverQuote Pro Terms, you
must stop using our Services.
These EverQuote Pro Terms are independent from the EverQuote Terms and
Conditions of Use (“Terms and Conditions of Use”) and form a separate agreement
between you and us. If you use or access EverQuote.com or any of our other services
or other websites on which these Terms and Conditions of Use reside, you will be also
bound by the Terms and Conditions of Use.
- Eligibility
You represent and warrant that you: (a) are at least 18 years old; (b) have not previously
been suspended or removed from using our Services; and (c) have full power and
authority to enter into these EverQuote Pro Terms and in doing so will not violate any
other agreement to which you are a party.
If you are using the Services on behalf of an entity, (a) you represent and warrant that
you are authorized to bind such entity to these EverQuote Pro Terms, (b) such entity
agrees to be responsible for you and any other person that accesses the Services on its
behalf, including for all of Agent’s users’ compliance with these EverQuote Pro Terms,
and (c) wherever used in these EverQuote Pro Terms, “you”, “your”, “Agent”, or similar
terms means the person or legal entity accessing or using the Services. - Carrier or Agency Affiliation
Due to FCC requirements, you may only sell products for the single affiliated Insurance
Carrier or Agency that you initially identify to EverQuote during the signup process or
that you identify as part of an affiliation change request. To change your affiliation,
please call 844-707-8800. Captive Agents can only be affiliated with one Insurance
Carrier. Independent Agents can only be affiliated with one Insurance Agency. You
must notify EverQuote of any change in affiliation, and the effective date, at least 15
days prior to your change. - Description of Services
Through the Services, Agent can purchase or license (as applicable) Lead Data and
Calls. EverQuote will use commercially reasonable efforts to provide Agent with Lead
Data and meet the daily Lead volume request specified by Agent (“Daily Volume
Requests”). However, if EverQuote cannot satisfy the Daily Volume Requests with
Leads that meet the specified demographic and other criteria Agent set via the Services
(the “Criteria”), Agent expressly consents that EverQuote may provide Agent with Lead
Data from Leads that do not meet the Criteria, for example by use of EverQuote
“SmartCampaigns” feature, in an effort to satisfy Agent’s Daily Volume Requests;
provided that, EverQuote will endeavor to provide Agent with Leads from a
demographic background that most closely matches the Criteria. Through the Services,
Agent may also be able to connect with Consumers via Calls. A Call shall occur when (i)
EverQuote dials a consumer in response to an insurance quote request (an “Outbound Call”)
or (ii) a Consumer dials in-bound to inquire about an insurance quote (an “Inbound Call“),
and EverQuote transfers the call to Agent at a phone number provided by Agent.
EverQuote may use affiliates or other third parties (“Verified Partner Network”) to
provide the Services and Leads, including generating Calls and providing Lead Data to
Agent. Agent agrees that it may or may not be informed as to which Leads are
EverQuote-generated Leads or Verified Partner Network generated Leads. The Lead
Data from all sources (including the Lead Data that may accompany Calls) may be
adjusted, defaulted or truncated to accommodate data transmission or integration. - Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations
and other content contained therein or provided thereby (including all Lead Data), are
owned by EverQuote or our licensors and are protected under both United States and
foreign laws. Except as explicitly stated in these EverQuote Pro Terms, all rights in and
to the Services are reserved by us or our licensors. Subject to your compliance with
these EverQuote Pro Terms, you are hereby granted a limited, nonexclusive,
nontransferable, non-sublicensable, revocable license to access and use our Services
and the Lead Data solely for the specific purpose of marketing insurance products to
Leads. For clarity, all Lead Data and Leads are confidential and proprietary to
EverQuote, and Agent has no right to share such information with any third party for any
purpose. Any use of the Services (including all Lead Data and Leads) other than as
specifically authorized herein, without our prior written permission, is strictly prohibited,
will terminate the license granted herein and violate our intellectual property rights. - Agent Responsibilities
General
Agent will treat and protect the Lead Data, including any personally identifiable
information (“PII”) that it receives or otherwise learns in connection with the Services in
a manner which is at least as rigorous as described in our Privacy Policy and in compliance
with any and all applicable federal and state laws, rules, and regulations. In any event, Agent
shall employ no less than a reasonable standard of care with respect to Lead Data and PII and
Agent will ensure that its systems, facilities, and all Lead Data and PII are maintained in a secure
environment. Please note that the terms and conditions below applicable to all Leads and all
Calls also both apply to EverQuote’s Lead Connection Service (“LCS”).
With respect to all Leads, the following terms and conditions apply:
○ In an effort to provide end-consumers with the best user experience,
Agent agrees to contact Leads in a timely manner, and will attempt in
good faith to contact such Lead within three (3) hours of receiving Lead
Data.
○ Agent shall pay for either: (a) an “Exclusive Lead” (meaning the exclusive
license to Agent of Lead Data for use by Agent and no other individual
agents on the EverQuote Pro platform other than Agent or EverQuote); or
(b) a “Shared Lead” (meaning the non-exclusive license to Agent of Lead
Data, which EverQuote may provide to multiple agents on the EverQuote
Pro platform). Regardless of whether a Lead is shared or exclusive,
EverQuote retains the right to remarket or otherwise contact all Leads.
Agent will not in any way use a Lead that has been returned.
○ Independent Agents will provide quotes only from Providers for which
Agent is authorized and/or licensed and that were previously disclosed
and identified by Agent to EverQuote. Captive agents will provide quotes
only from the Carrier with which they are affiliated in EverQuote’s systems
(see 2. Carrier or Agency Affiliation, above).
○ Lead Data may only be used by Agent, and Agent’s employees acting on
Agent’s behalf, and may not be used by any other person or entity.
Regardless of whether Lead Data is licensed by Agent on a Shared Lead
basis or an Exclusive Lead basis, Agent shall not be permitted to transfer,
assign, sublicense or otherwise convey or share the Lead Data to any
other person or entity for any purpose whatsoever. For the avoidance of
doubt, EverQuote is not liable for any damages or other consequences
resulting from Agent’s breach of this provision.
○ Agent, and any of Agent’s employees acting on Agent’s behalf, will comply
with any and all federal, state, local and industry laws, rules, regulations or
requirements, including, without limitation, the Telephone Consumer
Protection Act (“TCPA”), the CAN-SPAM Act of 2003, Do Not Call List
requirements and any other applicable U.S. federal or state law concerning
privacy or data security.
○ Agent shall cease contacting any Leads upon the earlier of: (a)
immediately upon request by such consumer and (b) ninety (90) days following
the date upon which such Lead was licensed by Agent with respect to telephone
calls, SMS or text messages. For the avoidance of doubt, Leads may only be used
for providing insurance information, and may not be used for any other
purpose, including without limitation, for the purpose of marketing or
otherwise offering any other products such as auto warranties or home
warranties.
With respect to all Calls, the following additional terms and conditions apply:
○ In order to receive Calls, Agent must commit to answering Calls during
certain agreed to windows of time. Agent must ensure that the person(s)
responsible for answering Calls are suitable, well-trained and
knowledgeable about the insurance industry and the applicable Providers
whose products and services they are marketing. Additionally, Agent will
ensure that all person(s) that answer Calls will conduct themselves in a
professional manner.
○ For Outbound Calls, Independent Agents will provide quotes only from
Providers for which Agent is authorized and/or licensed and that were
previously disclosed and identified by Agent to EverQuote. Captive
agents will provide quotes only from the Carrier with which they are
affiliated in EverQuote’s systems (see 2. Carrier or Agency Affiliation,
above).
○ Calls may only be answered by Agent, and Agent’s employees acting on
Agent’s behalf, and may not be transferred to any other person or entity.
○ Agent will not call, SMS, text or otherwise contact a consumer whose Call
began as an Inbound Call without independently receiving consent from
such consumer for contact as required by law because EverQuote solicits
no consent with respect to Inbound Calls.
○ Agent provides consent to EverQuote to record all Calls, in whole or in
part, and to use the information contained in the recordings for its own
purposes, including providing the Call recordings to third parties.
Notwithstanding anything to the contrary herein, such Call recordings shall
be the sole and exclusive property of EverQuote. - Privacy
For information about how we collect, use, share and otherwise process information
about you, please see our Privacy Policy. - Payment
If you purchase or license, as applicable, Lead Data or Calls, you agree that we may
charge your credit card for the amount of money you authorized when you signed-up for
the Services. We will deduct money from your account (“Account Balance”) based on
the Lead Data and Calls that you purchase through the Services. You may review our
pricing for Lead Data and Calls here. When your Account Balance falls below the
threshold described at https://pro.everquote.com/payments, you agree that EverQuote
may automatically charge your credit card for the same amount that you agreed to at
sign-up, or as subsequently changed by you. You are responsible for ensuring your
Account Balance remains positive, and we have the right to immediately suspend your
access to and use of the Services if your Account Balance goes below zero for any
reason. Agent shall be responsible for all charges incurred via Agent's account through
the Services. Charges are exclusive of applicable taxes.
To the fullest extent permitted by law, Agent waives all claims relating to charges
(including any claims for charges based on suspected invalid Lead Data) unless
claimed within ten (10) days after the charge (without prejudice to Agent's credit card
issuer rights). To the fullest extent permitted by law, refunds and returns (if any) are at
the sole discretion of EverQuote. Agent acknowledges and agrees that any credit card
and related billing and payment information that Agent provides to EverQuote may be
shared by EverQuote with companies who work on EverQuote’s behalf, such as
payment processors and/or credit agencies, solely for the purposes of checking credit,
effecting payment to EverQuote and servicing Agent’s account. EverQuote may also
provide information in response to valid legal process, such as subpoenas, search
warrants and court orders, or to establish or exercise its legal rights or defend against
legal claims. EverQuote shall not be liable for any use or disclosure of such information
by such third parties. - User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you
register for an account, you must provide accurate account information and promptly
update this information if it changes. You also must maintain the security of your
account and promptly notify us if you discover or suspect that someone has accessed
your account without your permission. If you permit others to use your account
credentials, you are responsible for the activities of such users that occur in connection
with your account. - User Content
Our Services may allow you and other users to create, post, store and share content,
including Agent Ads, messages, text, and other materials (collectively, “User Content”).
Except for the license you grant below, you retain all rights in and to your User Content,
as between you and EverQuote.
You grant EverQuote and its subsidiaries and affiliates a limited, non-transferable,
perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and
sublicensable license to use, reproduce, modify, publicly display, adapt, publish,
translate, create derivative works from, distribute, publicly perform and display your
User Content (including Agent’s name, address, contact information, logo and/or other
marks) in all media formats and channels now known or later developed without
compensation to you, for the purposes of providing you the Services (including
displaying Agent’s information, including contact information and carrier affiliation, to
users of the EverQuote websites). When you share User Content on or through our
Services, you understand that your User Content and any associated information may
be visible to end-consumers.
You may not create, post, store or share any User Content that violates these
EverQuote Pro Terms or for which you do not have all the rights necessary to grant us
the license described above. You represent and warrant that your User Content, and our
use of such content as permitted by these EverQuote Pro Terms, will not violate any
rights of or cause injury to any person or entity. Although we have no obligation to
screen, edit or monitor User Content, we may delete or remove User Content at any
time and for any reason with or without notice. - Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other
third-party right or commit a tort, and you are solely responsible for your conduct while
using our Services. You will not:
○ Engage in any harassing, threatening, intimidating, predatory or stalking
conduct;
○ Use or attempt to use another user’s account without authorization from
that user and EverQuote;
○ Impersonate or post on behalf of any person or entity or otherwise
misrepresent your affiliation with a person or entity;
○ Sell, resell or commercially use our Services;
○ Copy, reproduce, distribute, publicly perform or publicly display all or
portions of our Services, except as expressly permitted by us or our
licensors;
○ Modify our Services, remove any proprietary rights notices or markings, or
otherwise make any derivative works based upon our Services;
○ Use our Services other than for their intended purpose and in any manner
that could interfere with, disrupt, negatively affect or inhibit other users
from fully enjoying our Services or that could damage, disable, overburden
or impair the functioning of our Services in any manner;
○ Reverse engineer any aspect of our Services or do anything that might
discover source code or bypass or circumvent measures employed to
prevent or limit access to any part of our Services;
○ Use any data mining, robots or similar data gathering or extraction
methods designed to scrape or extract data from our Services;
○ Develop or use any applications that interact with our Services without our
prior written consent;
○ Send, distribute or post spam, unsolicited or bulk commercial electronic
communications, chain letters, or pyramid schemes;
○ Bypass or ignore instructions contained in our robots.txt file; or
○ Use our Services for any illegal or unauthorized purpose, or engage in,
encourage or promote any activity that violates these EverQuote Pro
Terms.
You may also post or otherwise share only User Content that is nonconfidential and that
you have all necessary rights to disclose. You may not create, post, store or share any
User Content that:
○ Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or publicity rights,
abusive, inflammatory or fraudulent;
○ Would constitute, encourage or provide instructions for a criminal offense,
violate the rights of any party or otherwise create liability or violate any
local, state, national or international law;
○ May infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party;
○ Contains or depicts any statements, remarks or claims that do not reflect
your honest views and experiences;
○ Impersonates, or misrepresents your affiliation with, any person or entity;
○ Contains any unsolicited promotions, political campaigning, advertising or
solicitations;
○ Contains any private or personal information of a third party without such
third party’s consent;
○ Contains any viruses, corrupted data or other harmful, disruptive or
destructive files or content; or
○ In our sole judgment, is objectionable, restricts or inhibits any other person
from using or enjoying our Services, or may expose EverQuote or others
to any harm or liability of any type.
Enforcement of this section is solely at EverQuote’s discretion, and failure to enforce
this section in some instances does not constitute a waiver of our right to enforce it in
other instances. In addition, this section does not create any private right of action on
the part of any third party or any reasonable expectation that the Services will not
contain any content that is prohibited by such rules. - Cancellation
Agent may cancel its EverQuote Pro account at any time by contacting EverQuote
customer support at: support@everquote.com or by calling 844-707-8800 - Option 1.
Upon cancellation of Agent’s account, any unused Account Balance previously charged
to Agent’s credit card shall be refunded to Agent promptly after EverQuote receives
notice of such cancellation. Notwithstanding the foregoing, Agent shall not be entitled to
a refund if the Agent funds relate to an incentive program that explicitly prohibits refunds
(for example in the event Agent received matching funds from EverQuote). - Intellectual Property
EverQuote and Agent and their licensors own all rights, title and interest in and to their
respective websites and other intellectual property rights used in their respective
businesses, including, without limitation, any query information or data resulting from
end-consumer use of such websites and any intellectual property rights related thereto.
Each party’s name(s) and logo(s), product or service names, slogans are trademarks of
such party, and may not be copied, imitated or used, in whole or in part, without the
other party’s prior written permission. Subject to the limited license granted to Agent
herein, EverQuote owns all rights, title and interest in and to the Services, including all
Lead Data, and all intellectual property rights therein and thereto.
All other trademarks, registered trademarks, product names and company names or
logos mentioned on the Services are the property of their respective owners. Reference
to any products, services, processes or other information by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation by us. - Communications with Agent
Agent agrees that EverQuote may, but is not obligated to, monitor or record any of
Agent’s telephone conversations and chat texts with EverQuote for quality control
purposes, for purposes of training EverQuote’s employees and for its own protection
and internal business purposes. Agent further agrees that each of Agent’s users or
anyone else Agent authorizes to use Agent’s account has consented to such monitoring
or recording and Agent shall indemnify, defend and hold harmless EverQuote for its
breach of this sentence. Agent acknowledges that not all telephone lines or calls are
recorded by EverQuote and that EverQuote does not guarantee that recordings of any
particular telephone calls will be retained or are capable of being retrieved. - Feedback and Data Sharing
You may voluntarily submit or otherwise communicate to us any questions, comments,
suggestions, ideas, original or creative materials or other information about EverQuote
or our Services (collectively, “Feedback”). You understand that we may use such
Feedback for any purpose, commercial or otherwise, without acknowledgment or
compensation to you, including, without limitation, to develop, copy, publish, or improve
the Feedback in EverQuote’s sole discretion. You understand that EverQuote may treat
Feedback as nonconfidential.
By using the Services, I acknowledge and understand that EverQuote may access and
receive disposition data, including quote and bind feedback, for Leads and Calls
through integrations with third party lead management software (LMS) providers and
other third-parties, and I consent to these third-parties sharing such information with
EverQuote. - Repeat Infringer Policy; Copyright Complaints
We do not permit copyright or trademark infringing activities and other infringement of
intellectual property rights on the Services, and we will remove or modify (or ask you to
remove or modify) content if we are properly notified that such content infringes on
another's intellectual property rights. If you are a copyright or trademark owner or an
agent thereof and believe that any content in any public area of the Services infringes
upon or otherwise conflicts with your proprietary rights, you may submit a notification
pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright
agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further
detail):
○ A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
○ Identification of the proprietary work claimed to have been infringed, or, if
multiple proprietary works are covered by a single notification, a
representative list of such works;
○ Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled and information reasonably sufficient to permit us to
locate the material;
○ Information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and an electronic mail address;
○ A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the owner, its agent, or the law;
and
○ A statement that the information in the notification is accurate and, under
penalty of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Please contact our designated Copyright Agent at compliance@everquote.com to send
notifications of claimed infringement. For clarity, only DMCA notices should go to the
Copyright Agent; any other feedback, comments, requests for technical support, and
other communications should be directed to our customer service through the Contact
Us area of the Site. You hereby acknowledge and agree that if you fail to comply with all
of the requirements listed above, your DMCA notice may not be valid. - Indemnification
To the fullest extent permitted by applicable law, Agent will defend, indemnify and hold
harmless EverQuote and our subsidiaries and affiliates, and each of its respective
officers, directors, agents, partners and employees (individually and collectively, the
“EverQuote Parties”) from and against any losses, damages, liabilities, claims,
demands, costs or expenses (including, without limitation, reasonable attorneys' fees,
court costs and expert witness fees, if applicable) (collectively, “Claims”) arising out of
or related to (a) your access to or use of the Services; (b) your User Content or
Feedback; (c) your violation of these EverQuote Pro Terms; (d) your violation,
misappropriation or infringement of any rights of another (including intellectual property
rights or privacy rights); (e) your conduct in connection with the Services, including,
without limitation, any use of the Lead Data in violation of any applicable laws, rules, or
regulations (including the TCPA and CAN-SPAM Act) or (f) your participation in the
Unmatched Consumer Program (see below) and any breach of your representations,
warranties or obligations regarding that program or any violation by you of applicable
law in your performance under that program.
You agree to promptly notify EverQuote Parties of any Claims, cooperate with the
EverQuote Parties in defending such Claims and pay all fees, costs and expenses
associated with defending such Claims (including, but not limited to, attorneys' fees).
You also agree that the EverQuote Parties will have control of the defense or
settlement, at EverQuote’s sole option, of any Claims.
This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a
written agreement between you and EverQuote or the other EverQuote Parties. - Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE
PROVIDED IN A WRITING BY US, OUR SERVICES AND ANY CONTENT THEREIN
(WHICH EXPRESSLY EXCLUDES USER CONTENT) ARE PROVIDED “AS IS” AND
“AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, (1) IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT; (2) ANY WARRANTIES THAT OUR SERVICES AND ANY
CONTENT THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, (3) THAT EVERQUOTE OR ITS LICENSORS’ SECURITY METHODS
WILL BE SUFFICIENT TO PROTECT ANY CONFIDENTIAL INFORMATION OR
INFORMATION RELATING TO WEBSITE TRAFFIC, SERVICES, LEAD DATA, LEADS
OR PAYMENTS, OR (4) REGARDING THE AVAILABILITY, ACCURACY, OR
RELIABILITY OF INFORMATION, WEBSITE TRAFFIC, LEAD DATA OR LEADS
OBTAINED THROUGH THE SERVICES OR THE SUCCESS OR NUMBER OF LEADS
RESULTING THEREFROM. THE SERVICES ARE PROVIDED WITH ALL FAULTS,
AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH AGENT. - Limitation of Liability
EXCEPT FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERQUOTE AND OTHER
EVERQUOTE PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON
OR ENTITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, WARRANTY OR OTHERWISE) FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
(INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, COVER,
FAILURE OF THE INTERNET, OR LOSS FROM ANY BUSINESS DISRUPTIONS),
ARISING OUT OF THESE EVERQUOTE PRO TERMS OR ANY PERFORMANCE
HEREUNDER, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO
USE THE SERVICES, THE VIOLATION OF ANY APPLICABLE LAW OR
REGULATION, OR FOR ANY BREACH OF WARRANTY, EVEN IF EVERQUOTE OR
THE OTHER EVERQUOTE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
TOTAL LIABILITY OF EVERQUOTE AND OTHER EVERQUOTE PARTIES FOR ANY
CLAIM ARISING OUT OF OR RELATING TO THESE EVERQUOTE PRO TERMS AND
THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE)
SHALL NOT EXCEED THE AMOUNT PAID TO EVERQUOTE BY AGENT DURING
THE THREE (3) MONTH PERIOD PRIOR TO AND INCLUDING THE FIRST DATE ON
WHICH ANY SUCH CLAIM AROSE.
EVERQUOTE AND THE SERVICES PERMIT AGENT TO OBTAIN LEADS AND
MARKET PROVIDERS’ INSURANCE PRODUCTS TO SUCH LEADS. HOWEVER, IN
NO EVENT WILL EVERQUOTE BE LIABLE TO AGENT OR ANY OTHER PERSON
OR ENTITY FOR AGENT’S USE OF THE LEAD DATA, AGENT’S CALLS WITH
LEADS OR OTHER END CONSUMERS, ANY AGENT ADS OR ANY OF AGENT’S
ACTIONS OR OMISSIONS WITH RESPECT TO THE SERVICES, ANY LEADS OR
LEAD DATA. AGENT IS ENTIRELY RESPONSIBLE FOR ITS ACTIONS AND
OMISSIONS WITH RESPECT TO ANY LEADS SOURCED BY EVERQUOTE AND
HOW IT USES THE SERVICES AND EVERQUOTE FOREVER AND IRREVOCABLY
DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. - Release
To the fullest extent permitted by applicable law, you release EverQuote and the other
EverQuote Parties from responsibility, liability, claims, demands and/or damages (actual
and consequential) of every kind and nature, known and unknown (including, but not
limited to, claims of negligence), arising out of or related to disputes between users and
the acts or omissions of third parties. - Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and
store information about you in the United States and other countries, where you may not
have the same rights and protections as you do under local law.
You also agree that we may obtain information about you from third parties, and may
process, transfer, and store such information about you in the United States and other
countries, where you may not have the same rights and protections as you do under
local law. - Dispute Resolution By Binding Arbitration
With the exception only of disputes related to the enforcement or validity of EverQuote’s
intellectual property rights, all disputes, controversies or claims arising out of or relating
to these EverQuote Pro Terms, will be resolved through confidential binding arbitration
held in Boston, Massachusetts in accordance with the Commercial Arbitration Rules
and Mediation Procedures ("Rules") of the American Arbitration Association (“AAA”),
which are available on the AAA website and hereby incorporated by reference. You
acknowledge and agree that you have read and understand the rules of AAA or waived
its opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or
should not apply for any reason. You and EverQuote agree that any dispute arising out
of or related to these EverQuote Pro Terms is solely between you and EverQuote and
that any dispute will be resolved solely through two-party arbitration and will not be
brought as a class arbitration, class action or any other type of representative
proceeding. You and EverQuote agree that these EverQuote Pro Terms affect interstate
commerce and that the enforceability of this Section will be substantively and
procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”),
to the maximum extent permitted by applicable law. As limited by the FAA, these
EverQuote Pro Terms and the AAA Rules, the arbitrator will have exclusive authority to
make all procedural and substantive decisions regarding any dispute and to grant any
remedy that would otherwise be available in court; provided, however, that the arbitrator
does not have the authority to conduct a class arbitration or a representative action,
which is prohibited by these EverQuote Pro Terms. The arbitrator may only conduct a
single arbitration and may not consolidate more than one claimant’s claims, preside
over any type of class or representative proceeding or preside over any proceeding
involving more than one claimant. Judgment upon any arbitration award may be entered
and enforced in any court of competent jurisdiction. Otherwise, you and EverQuote
agree that the state or federal courts in Boston, Massachusetts have exclusive
jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these EverQuote Pro Terms or our Services
must be filed within one year after such claim arose; otherwise, the claim is
permanently barred, which means that you and EverQuote will not have the right
to assert the claim.
If any portion of this Section 21is found to be invalid or unlawful for any reason, (a) the
unenforceable or unlawful provision shall be severed from these EverQuote Pro Terms;
(b) severance of the unenforceable or unlawful provision shall have no impact
whatsoever on the remainder of this Section 21 or the parties’ ability to compel
arbitration of any remaining claims on an individual basis pursuant to this Section 21;
and (c) to the extent that any claims must therefore proceed on a class, collective,
consolidated, or representative basis, such claims must be litigated in a civil court of
competent jurisdiction and not in arbitration, and the parties agree that litigation of those
claims shall be stayed pending the outcome of any individual claims in arbitration.
Further, if any part of this Section 21 is found to prohibit an individual claim seeking
public injunctive relief, that provision will have no effect to the extent such relief is
allowed to be sought out of arbitration, and the remainder of this Section 21 will be
enforceable. - Governing Law and Venue
Any dispute arising from these EverQuote Pro Terms and your use of the Services will
be governed by and construed and enforced in accordance with the laws of the
Commonwealth of Massachusetts, except to the extent preempted by U.S. federal law,
without regard to conflict of law rules or principles (whether of the Commonwealth of
Massachusetts or any other jurisdiction) that would cause the application of the laws of
any other jurisdiction. Any dispute between the parties that is not subject to arbitration
will be resolved in the state or federal courts of Massachusetts and the United States,
respectively, sitting in Boston, Massachusetts. - No Agency
The relationship between Agent and EverQuote is that of independent contractors, and
no agency, joint venture, partnership, employee-employer or franchiser-franchisee
relations is intended or created by these EverQuote Pro Terms or your use of the
Services. - Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or
portions of our Services at any time. You also have the right to stop using our Services
at any time. We are not responsible for any loss or harm related to your inability to
access or use our Services. - Severability
If any provision or part of a provision of these EverQuote Pro Terms is unlawful, void or
unenforceable, that provision or part of the provision is deemed severable from these
EverQuote Pro Terms and does not affect the validity and enforceability of any
remaining provisions. Unenforceable provisions will be modified to reflect the parties'
intention and only to the extent necessary to make them enforceable, and remaining
provisions of these EverQuote Pro Terms will remain in full effect. - Miscellaneous
The failure of EverQuote to exercise or enforce any right or provision of these
EverQuote Pro Terms will not operate as a waiver of such right or provision. The section
titles in these EverQuote Pro Terms are for convenience only and have no legal or
contractual effect. Except as otherwise provided herein, these EverQuote Pro Terms are
intended solely for the benefit of the parties and are not intended to confer third-party
beneficiary rights upon any other person or entity. These EverQuote Pro EverQuote Pro
Terms, constitute the entire and exclusive agreement between the parties with respect
to the subject matter hereof, and supersedes and replaces any other agreements, terms
and conditions applicable to the subject matter hereof. No statements or promises have
been relied upon in entering into these EverQuote Pro Terms except as expressly set
forth herein, and any conflicting or additional terms contained in any other documents or
oral discussions are void.
Except as explicitly stated otherwise, any notices sent from you to us shall be submitted
via e-mail at legal@everquote.com with a copy of such notice sent by certified postal
mail, return receipt requested, to: Legal Department, EverQuote.com, c/o EverQuote,
Inc., 141 Portland St. Floor 7, Cambridge, MA 02139. When EverQuote needs to send a
notice to Agent, it shall be sent to the e-mail address last provided to EverQuote. Notice
shall be deemed given upon receipt or 24 hours after e-mail is sent. EverQuote
reserves the right to change, modify, add or remove any portion of these EverQuote Pro
Terms, in whole or in part, at any time.
Agent may not assign any of its rights hereunder and any such attempt is of no effect. - Acknowledgement
Agent acknowledges that Agent has read and understands these EverQuote Pro Terms,
and that these EverQuote Pro Terms have the same force and effect as a signed
agreement. - E-Sign Consent
In this E-Sign Consent, the following definitions apply: (i) "You" and "your" refer to you,
the User; (ii) "We," "us," and "our" refer to the Site operator and its affiliates (including,
without limitation, EverQuote, Inc.), agents, successors and assigns. By clicking the "I
agree" button, which you adopt as your electronic signature, you consent and agree
that:
○ We can provide you with disclosures required by law, and other
information about your legal rights and duties, electronically.
○ Your electronic signature on agreements and documents has the same
effect as if you signed them in ink.
○ We can send all communications and disclosures, including, but not
limited to, this E-Sign Consent, the telephone and e-mail contact consent,
and the Privacy Policy and Terms of Use (collectively defined as
"Disclosures") to you electronically: (1) via e-mail; (2) by access to a web
site that we designate in an e-mail notice we send to you at the time the
information is available; or (3) to the extent permissible by law, by access
to a web site that we generally designate in advance for such purpose.
○ If you would like a paper copy, you can print a copy of the Disclosures or
download the information for your records.
○ This consent applies to: (1) your use of products and services offered by
us; (2) all future Disclosures associated with us; and (3) all future
transactions with us, at any time, and to other Disclosures that we provide
to you by email, unless you have, prior to such transaction, withdrawn
your consent by the procedure mentioned below.
You understand that, to access and retain the electronic Disclosures, you will need the
following:
○ A computer with an Internet connection.
○ A current web browser that includes 128-bit encryption. Minimum
recommended browser standards are Microsoft Internet Explorer version
10.0 and above (see www.microsoft.com/ie for current version), Mozilla
Firefox current version (see www.mozilla.com for current version), Apple
Safari current version (see www.apple.com/safari for current version), or
Opera current version (see www.opera.com for current version). The
browser must have cookies enabled.
○ A valid email address.
○ Sufficient storage space to save past Disclosures and/or an installed
printer to print them.
○ If you use a spam filter that blocks or re-routes emails from senders not
listed in your email address book, you must add @everquote.com to your
email address book.
○ You understand that you may request paper copies of the Disclosures,
and that we will provide them to you by mail at no charge. You can request
paper copies and/or withdraw consent by contacting us at: EverQuote, Inc.
141 Portland St., Floor 7 Cambridge, MA 02139.
Any withdrawal of your consent to receive electronic Disclosures will be effective only
after we have a reasonable period of time to process your withdrawal. You understand
and agree that if you withdraw your consent to receive electronic Disclosures, we
may—though we are not obligated to—cancel your account.
At any time, you can update the email address to which we will send alerts that
Disclosures are available. You can change your email address by calling 844-707-8800.
By consenting, you agree that electronic Disclosures have the same meaning and effect
as if we provided paper Disclosures to you. When we send you an email or other
electronic notification alerting you that Disclosures are available electronically and we
do in fact make them available online, that shall have the same meaning and effect as if
we provided paper Disclosures to you, whether or not you choose to view the
Disclosures, unless you had previously withdrawn your consent to receive Disclosures
electronically. You understand and agree that Disclosures are considered received by
you within 24 hours of the time posted to our website, or within 24 hours of the time
emailed to you unless we receive notice that the e-mail address is invalid.
You understand and agree that we reserve the right to cancel this electronic Disclosure
service, change the terms of use of this service or send Disclosures in paper form at
any time.
You understand and agree that we are responsible for sending notice of the Disclosures
to you electronically including at the email address you have provided, but are not
responsible for any delay or failure in your receipt of the email notices.