This Agreement constitutes a legal contract between you and PennyGeeks regarding your use of this Site.
“PennyGeeks” includes SEARCHMARK, LLC and its employees, directors, officers, agents, affiliates, independent contractors, consultants, and subsidiaries. The PennyGeeks services (“Services”) include but are not limited to providing informational blog posts and studies that compare and rate car insurance companies, car insurance policies, and estimated car insurance premiums.
By using the Site, you agree that any blogs, studies, videos, images, graphics, tables, or other materials or information provided on the Site (“Content”) is provided only for entertainment, education, and information purposes and does not constitute financial, legal, tax planning, or other advice or recommendations from PennyGeeks. You acknowledge and agree that you are responsible for your own financial decisions, and you agree that PennyGeeks is not liable or responsible for any financial actions or decisions that you take or authorize a third party to take on your behalf based on Content published on the Site.
PennyGeeks, at its sole discretion, may terminate or suspend your access to the Services or the Site at any time with or without notice to you.
Please exit the Site immediately if:
- You are younger than 18 years old;
- You intend to use the Services in any way that violates any law or regulation; or
- You were previously removed or suspended from the Services or the Site.
By using the Site, you agree that any dispute between you and PennyGeeks will be resolved in small claims court or in arbitration.
1. Third Party Services
PennyGeeks Does Not Endorse Third Parties Mentioned On This Site
The Site and Content contain links to the websites of third parties. You acknowledge and agree that:
- PennyGeeks does not endorse third parties or control any of their services or websites;
- Links to third party services or websites are provided only as a convenience;
- PennyGeeks has not evaluated or reviewed the products, services, content, or other materials in the services or on the websites of third parties;
- Any service marks or trademarks of third parties are the property of their respective owners;
- PennyGeeks is not responsible for the accuracy or legality of third party content; and
- PennyGeeks shall not be held indirectly or directly liable for any loss or damage alleged to be caused by or caused by your use of third party services or websites.
PennyGeeks Is Not Liable For Any Advice And Recommendations From Third Parties
You acknowledge and agree that PennyGeeks is not liable for any advice provided by third parties. You acknowledge and agree that you are responsible for your own financial decisions, and you agree that PennyGeeks is not liable or responsible for any financial actions or decisions that you take or authorize a third party to take on your behalf based on Content published on this Site.
2. Prohibited Use Of The Site, Content, Or Services
By using or accessing the Site, you agree not to:
- Link to this Site from another website without prior written permission from PennyGeeks;
- Use the Site, Content, or Services for any illegal purpose;
- Violate the rights of third parties including but not limited to intellectual property rights;
- Encourage others to violate the rights of third parties including but not limited to intellectual property rights;
- Interfere with any of the security-related features of the Site or the Services;
- Upload or disseminate adware, spyware, worms, viruses, or other malicious code;
- Contact other users of the Site to make unsolicited offers;
- Engage in fraudulent activity including but not limited to impersonating an entity, impersonating a person, using a false identity, or using false personal information about you;
- Copy, monitor, or access the Site or any Content using a scraper, spider, or robot;
- Attempt to collect any personal information about third parties or users of the Site without their permission; or
- Distribute, upload, or post any content that is libelous, defamatory, inaccurate, illegal, threatening, profane, pornographic, or offensive.
3. Copyright Statement
All Content on the Site is protected by applicable intellectual property laws and copyright laws. Except where your use constitutes “fair use” under copyright law, you may not download, use, upload, copy, display, print, publish, produce, perform, or distribute any website materials, in part or in whole, without the prior written consent of PennyGeeks.
You warrant and represent that you are the owner or that you have the right to publish any content that you post to the Site or the Services. If you believe that PennyGeeks has copied or misused your work in a way that constitutes copyright infringement, or has violated your intellectual property rights in any way, please provide PennyGeeks’s Customer Service department (firstname.lastname@example.org) with the following information (“Notice”):
- A physical or electronic signature of the person who is authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where such material is located on the Site;
- Your email address, physical address, and telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
By accessing or using the Site, you acknowledge and agree that you are personally responsible for your use of the Site and the Services, and you will hold harmless, indemnify, and defend PennyGeeks against and from any and all liabilities, claims, losses, damages, and expenses including accounting, attorneys’ fees, and other related costs associated with:
- Your use of or access to the Site or the Services;
- Any disputes between you and a third party;
- Your violation of any right of a third party including but not limited to any right to publicity, property right, confidentiality right, privacy right, or intellectual property right; or
- Your violation of the Agreement or of any regulation or law.
Your permission to access or use the Site and the Services will automatically terminate if you violate the Agreement.
5. No Warranties
By using or accessing the Site, you acknowledge and agree that the Services are provided on an “as available” basis and that the Services are provided “as is,” without any warranty or condition either implied or express.
PennyGeeks makes reasonable efforts to ensure the Content and the Services on the Site are secure and accurate, but we cannot guarantee the accuracy of any Content or the continuous operation of any Services, and there may be unintentional factual inaccuracies or errors or technical errors on the Site or in the Services.
By using or accessing the Site or the Services, you agree to assume all risk for any and all damages that arise from your access or use of the Site or the Services.
a. Services Provided For Education, Entertainment, Or Information Purposes
The information on the Site and the Services is provided for education, entertainment, or information purposes only. PennyGeeks is not an insurance provider or a financial institution. PennyGeeks is not affiliated with or endorsed by the FINRA. PennyGeeks makes no guarantees, warranties, or representations, implied or express, regarding the savings or results that you may obtain through the use of the Services. PennyGeeks recommends that you consult a financial advisor, accountant, or other relevant specialist before making any financial decisions.
b. No Guarantee Of Accuracy
PennyGeeks disclaims all liability for and does not guarantee the accuracy of any inaccuracies or errors in the Content, the Site, or the Services.
c. No Guarantees Or Warranties Regarding Third Parties
PennyGeeks makes no guarantees, warranties, or representations, implied or express, regarding any offers or quotes through the Services as well as any advice or service provided by a third party. PennyGeeks does not endorse any third party. PennyGeeks is only an intermediary between you and the providers of third party services. PennyGeeks disclaims any and all liability for any products, services, or content provided by third parties.
d. Limitation Of Liability
Under no circumstances will PennyGeeks be liable to you for any special, consequential, incidental, punitive, direct, or indirect damages, whether based on tort (including negligence), contract, warranty, or statute. These limitations may not apply to you if you are in a jurisdiction that does not allow the limitation of liability or disclaimer of warranties under certain circumstances.
This User Agreement is governed by the laws of the State of California, without regard to conflict of law principles. Any disputes between you and PennyGeeks must be resolved in small claims court or through binding arbitration.
You agree to submit to the exclusive personal jurisdiction of the federal courts and state courts located within San Diego County, California, for the purpose of litigating any court proceeding or lawsuit that is permitted hereunder.
7. Disputes Must Be Resolved In Arbitration Or Small Claims Court
By using the Site, you agree that any dispute between you and PennyGeeks will be resolved in arbitration or in small claims court instead of in general jurisdiction. Any arbitration under this User Agreement will take place on an individual basis. Class actions and class arbitrations are not permitted. You agree and acknowledge that the arbitrator may award relief (including injunctive, declaratory, and monetary relief) only in favor of the party seeking relief and only to the extent necessary to provide relief based on that party’s claim(s).
a. Claims Must Be Resolved In Binding Arbitration
You and PennyGeeks agree to arbitrate all disputes and claims between us. This Arbitration Agreement includes, but is not limited to:
- Claims that arose before this or any prior User Agreement;
- Claims based in statute, tort, misrepresentation, fraud, or contract; and
- Any claims that arise after the termination of this User Agreement.
Notwithstanding Section 7(a), you agree that no statements herein shall be deemed to preclude, waive, or limit your right or PennyGeeks’s right to:
- Pursue enforcement actions through local, state, or federal agencies;
- Bring an action in small claims court;
- File a lawsuit to address intellectual property infringement claims; or
- Seek injunctive relief in a court of law.
c. Governed By American Arbitration Association
The Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively “AAA Regulations”) of the American Arbitration Association (“AAA”), as modified by this User Agreement, will govern any arbitration between you and PennyGeeks.
If you or PennyGeeks wishes to seek arbitration, that party must first send a Notice of Dispute (“NOD”) to the other by certified mail. The NOD to PennyGeeks should be sent to:
1930 Village Center Circle #3-8263
Las Vegas NV 89134
The NOD must include the following:
- A description of the basis and nature of the dispute or claim; and
- A description of the specific relief sought (“Demand”).
If you and PennyGeeks do not establish an agreement and resolve the claim within 30 days after the NOD has been received, you or PennyGeeks may commence an arbitration proceeding.
e. No Class Actions
You and PennyGeeks agree not to bring claims against the other as a class member or plaintiff in any representative or class proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of a class or representative proceeding, unless you and PennyGeeks otherwise agree.
f. Enforceability And Severability
If a court or an arbitrator finds that any part of this Section 7 is unenforceable or invalid, the other parts of this Section 7 shall still apply. If a court or an arbitrator finds that this entire Section 7 is unenforceable, then you and PennyGeeks agree that the exclusive venue and jurisdiction described in Section 6 shall govern any action that arises related to this User Agreement and that the remainder of this User Agreement shall still apply.
8. Modification Of This User Agreement
We reserve the right to permanently or temporarily discontinue or modify this User Agreement without notice at any time. By using this Site, you agree that PennyGeeks will not be liable to any third party or to you for any discontinuance, suspension, or modification of any of the Services.
9. General Provisions
a. Entire Agreement
b. Paragraph Headers Used For Convenience Only
Paragraph headers in this User Agreement are used only for convenience and shall not impact the interpretation of any provisions.
In the event that any part of this User Agreement is held to be unenforceable or invalid, the unenforceable part will be given effect to the greatest extent possible and the remaining parts shall remain in full force and effect.
d. No Waiver
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any default or breach of this User Agreement constitute a waiver of any subsequent default or breach or waiver of the provision itself.
e. Partner User Agreements
PennyGeeks’s third party partners may in some instances require that PennyGeeks users agree to be bound by additional user agreements that are specific to certain services or products (“Partner UA”). In the event of any dispute between the Partner UA and PennyGeeks’s User Agreement, PennyGeeks’s User Agreement shall control and govern.
f. Notice To California Residents
Pursuant to California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at by telephone at (800) 952-5210 or at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834 to receive further information regarding use of the service or to resolve a complaint regarding the service.
At PennyGeeks, we are committed to protecting the security and privacy of all of our website visitors. We only collect and access information that you voluntarily send to us via email or other direct contact from you. When you share information with us via the website or email, we take precautions to protect that information both online and offline.
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