Welcome to GoAskJay.com ("Site")! GoAskJay is a smart comparison tool that (i) helps consumers save time and money by matching them with their local insurance agent ("Agent") of choice and (ii) helps Agents grow their business by matching them with exclusive and qualified potential clients. This Site is provided by GoAskJay, LLC. or its affiliates (jointly "GoAskJay") and any and all use and access by any user ("You" or "Your") constitutes Your unconditional acceptance of the terms, conditions, and notices ("Terms") below. These Terms and Your use of this Site create a legal binding agreement ("Agreement") between You and GoAskJay (including its affiliates and subsidiaries). Please read these Terms carefully and keep a copy for your records.
- Age. You must be at least eighteen (18) years of age to use this Site. Your use of or access to this Site is a representation by You that You are at least eighteen (18) years of age or older.
- Children Under 13. GoAskJay does not knowingly collect information or data from anyone under thirteen (13) years of age.
- License to Use Site. Subject to Your compliance with the Terms, GoAskJay grants to You a limited, non-exclusive, non-transferable, limited license to access and use this Site. You agree to use this Site for the sole purpose of utilizing the services ("Services") provided by this Site in strict compliance with the Terms. The licenses granted herein terminate immediately upon Your non-compliance with any of the Terms.
- Your Account. If You use this Site, You may be permitted to create a user account or profile if applicable. You represent that the information You submit is accurate and you agree to keep such information up to date. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GoAskJay is not responsible for third party access to your account that results from theft or misappropriation of your account. GoAskJay reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in GoAskJay's sole discretion.
- Electronic Communications. Electronic Communications occur whenever You access this Site, send emails to or receive emails from GoAskJay, or view notices posted by GoAskJay. You consent to receive such electronic communications and agree such electronic communications, including but not limited to notices, disclosures, terms and agreements, satisfy any legal requirement that such communications be in writing.
- Links to Third Party Sites/Third Party Products. GoAskJay.com contains links to other sites ("Linked Sites") in which the operators of such Linked Sites ("Operators") may offer services or products to You ("Product" or jointly "Products"). The Linked Sites are not under the control of GoAskJay and GoAskJay is not responsible for the contents of any Linked Site. GoAskJay is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GoAskJay of such Site or any association with such Operators. By using any Product or functionality originating from GoAskJay.com, you hereby acknowledge and consent that GoAskJay may share such information and data with any third party with whom GoAskJay has a contractual relationship to provide the requested Products. However, any Products provided by Operators or any agreement for Product between You and the Operator is solely between You and the Operator. You agree that GoAskJay is not responsible for any issues, claims, losses, or damages incurred by you caused by Products or Operators and, further, You agree You will not hold GoAskJay liable for any issues, claims, losses, or damages incurred by You resulting from such Products or Operators.
License to Use; Intellectual Property. Subject to the Terms, You are granted a personal, worldwide, non-exclusive, non-transferable, limited license to use and access this Site. You may use this license only in the manner permitted by these Terms and for the sole purpose of utilizing the benefits of the Services provided by this Site. All content included on this Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of GoAskJay or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GoAskJay and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. GoAskJay does not grant you any licenses, express or implied, to the intellectual property of GoAskJay or its licensors except as expressly authorized by these Terms.
GoAskJay has the right at all times to review and investigate Your use of this Site to ensure such use complies with the Terms. Further GoAskJay may take any appropriate action it deems necessary in its sole discretion if GoAskJay believes You are violating the Terms or otherwise using this Site in a manner that creates liability for GoAskJay.
- Advertisements. The Services provided by this Site may include advertisements, some of which may be targeted based on the type of information on the Site, inquires made, or other information submitted by You or others.
- Purchases; Payment; Refunds. Agents have entered into a separate agreement ("Agent Agreement") with GoAskJay that will govern payments and refunds between GoAskJay and Agent. Please consult your Agent Agreement for such provisions.
- International Users. This Site is controlled, operated and administered by GoAskJay from its offices within the USA and is intended for use within the USA only. If You access this Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the GoAskJay Content accessed through GoAskJay.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- Indemnification. You agree to indemnify, defend and hold harmless GoAskJay, including its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Site or Services, Your breach of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GoAskJay reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will fully cooperate with GoAskJay in asserting any available defenses.
Disclaimers; Limitation of Liability. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GoAskJayWeb AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GoAskJayWeb AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GoAskJayWeb AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NIETY (90) DAYS FROM THE DATE OF FIRST USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GoAskJayWeb, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GoAskJayWeb OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. FURTHER, IN NO EVENT SHALL GoAskJayWeb'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100.00) OR THE AMOUNT YOU PAID GoAskJayWeb, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIMS.
- Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or any provisions herein, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. THE PARTIES AGREE THAT EACH IS WAIVING ITS RIGHT TO A TRIAL BY JURY. FURTHER, ANY DISPUTE, CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS SITE, SERVICES, OR TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHER SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This arbitration provision shall survive the termination of these Terms.
- Class Action Waiver. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and GoAskJayWeb agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Choice of Law; Jurisdiction. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding the Principles of Conflict of Laws, and the exclusive venue for the resolution of all disputes shall be in Dallas County, Texas. You hereby consent to and waive any objection of forum non conveniens as to such jurisdiction.
- Assignment. Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings You may have, may not be assigned, subcontracted, delegated or otherwise transferred by You without GoAskJay's prior written consent and any attempt to do so will be null and void. GoAskJay may freely assign these Terms and its rights and obligations hereunder without notice to You and these Terms will continue to be binding on assignees.
- Cumulative Rights. The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
- Survival. Any provision of this Agreement, the context of which by its nature would continue beyond termination or expiration of this Agreement, shall survive such termination or expiration.
- Severability. All provisions contained in this Agreement are severable. In the event any provision is held to be invalid, illegal or unenforceable for any reason and in any respect by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall in no event prejudice or affect the validity of the remainder of this Agreement, which shall be in full force and effect, and enforceable in accordance with its terms. Further, the provision held to be void, illegal or unenforceable will be deemed modified to the limited extent required to permit its enforcement.
- Changes to Terms. GoAskJay reserves the right, in its sole discretion, to change the Terms under which GoAskJay.com is offered. The most current version of the Terms will supersede all previous versions. GoAskJay encourages you to periodically review the Terms to stay informed of any updates.
© 2017 GoAskJay, LLC.
Last updated: June 28, 2017