Please read these Terms and Conditions of Use ("Terms of Use") carefully before using this Website (the "Site"). This Site is the property of Webcetera, LP, a Texas limited partnership dba EZLynx ("we" "us" or "EZLynx"). Your use and operation of this Site is governed by these Terms of Use, and is further subject to our privacy policy. BY ACCESSING OR USING ANY PART OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. If you do not agree with any part of these Terms of Use, you must exit this Site. Note that these Terms of Use may be amended or modified from time to time and at any time, without advanced notice.
The content, graphics, information, quotations, code and software used on or incorporated into this Site (collectively "Content") is made available for your personal use in connection with the generation and display of insurance quotations only. Use of this Site by unauthorized persons is strictly prohibited. Unless agreed to in writing by EZLynx, you may not create a direct link from another Web site to the Site. Except with respect to insurance quotation information generated by this Site, which is for your use only, you may not harvest, post, transmit, copy, modify, create derivative works from, or distribute anything you obtain or download from the Site. You agree to comply with all applicable state, federal and international laws, statutes, ordinances and regulations regarding your use of our service and this Site. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of this Site or its end-users. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. You may not use any "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials or information through any means not purposefully made available through the Site. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site, or with any other person's use of this Site. You may not attempt to gain unauthorized access to any portions of this Site, other accounts, computer systems or networks connected to any of our servers, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
All Content is the property of or licensed by EZLynx. Similarly, the EZLynx logo and all EZLynx trademarks, service marks and copyrights (collectively the "Marks"), are the property of EZLynx and are protected by copyright and trademark laws. Except in connection with your authorized use of this Site, you are not being granted any right or license under any Mark nor are you granted any other intellectual property right in or to the Content. All such rights are retained by EZLynx.
You are solely responsible for any user information that you provide to us ("User Data"). You hereby grant to EZLynx and its agents and insurance vendors the right to use and store the User Data in a manner consistent with the intended use of this Site. EZLynx will use the User Data in accordance with our Privacy Policy, which is accessible on this Site. We may disclose User Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety, its users and the public.
At times, the Site may have links to Web sites hosted by other parties ("Third-Party Sites"), or such Third-Party Sites may have links to the Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by EZLynx of the Third-Party Sites. Third-Party Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own Web sites. EZLynx does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Third-Party Sites. You should read the privacy policies and terms of use agreements of all Third-Party Sites.
Certain features or services offered on or through this Site may require you to create an account or for EZLynx to issue a user name, password or passcode to you. You are solely responsible for maintaining the confidentiality of your account information, including your user identification, password and any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. EZLynx will not be liable for any loss that you may incur as a result of someone else using your password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your password.
Subject to the terms of any written agreement between you and EZLynx, EZLynx reserves the right to restrict or terminate your access to this Site and its services at any time, with or without cause and without notice to you.
You agree that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation, equipment malfunctions, periodic maintenance procedures or repairs which we or our agent may undertake from time to time, or causes beyond the reasonable control of EZLynx or which are not reasonably foreseeable by EZLynx. In each case, you agree not to hold EZLynx responsible for any damages proximately caused by such delay or lack of access. In addition, EZLynx is not responsible for any loss of User Data resulting from deletion or corruption or otherwise. While EZLynx uses reasonable efforts to include accurate and up-to-date information on the Site, EZLynx makes no warranties or representations as to accuracy of the Contents. EZLynx assumes no liability or responsibility for any errors or omissions in the Contents of the Site. Changes may be periodically made to the information at any time without notice.
THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. EZLYNX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, EZLYNX DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE INFORMATION PROVIDED TO YOU THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE PROVIDED WITHOUT VIRUS OR OTHER HARMFUL COMPONENTS OR CONDITIONS, OR WILL BE ACCURATE AS OF ANY PARTICULAR DATE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. EZLYNX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. EZLYNX DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES EZLYNX MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE.
IN NO EVENT WILL EZLYNX BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, OR YOUR RELIANCE UPON OR USE OF ANY INFORMATION CONTAINED IN OR ACCESSED FROM THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER IS FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
These Terms of Use may be supplemented or amended by the terms of other "click-through" agreements between you and EZLynx found on our Site (the "Other Agreements"). In such cases, you may be asked to expressly consent to the terms of such Other Agreements, for example, by checking a box or clicking a button marked "I agree." If the terms relating to the subject matter of these Terms of Use are different than the terms of those Other Agreements, the of the Other Agreements will supplement or amend these Terms of Use. Miscellaneous: These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Texas, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. Any dispute arising out of or related to your access to or use of this Site will be brought only in the United States District Court for the Northern District of Texas, Dallas Division, or, if federal subject matter jurisdiction is lacking, then in any Texas state District Court located in Dallas, Texas. By accessing or using this Site, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation. If any of these Terms of Use are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms of use will remain in full force and effect, and the invalid or unenforceable term or condition of use will be deemed superseded by a valid, enforceable term or condition of use that matches the practical effect of the original provision as closely as possible.
If you have any questions or suggestions regarding our Terms of Use, please contact us at:
Webcetera, L.P.
Attn: Legal Department
350 Highland Drive, Suite 150
Lewisville, TX 75067