Terms & Conditions
Thank you for visiting the True Quote USA website located at www.truequoteauto.com (the “Site"). The Site is an Internet property of Aussie Cloud Internet Solutions (“True Quote USA,” “we,” “our” or “us”). The following True Quote USA Website Terms and Conditions (“Terms and Conditions”) are inclusive of the True Quote USA Privacy Policy (“Privacy Policy”), and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Agreement, in its entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party higher education institutions and/or online higher education related resources and other information (“Third-Party Links”); and/or (ii) text, video and/or other information pertaining to online higher education degree programs and/or higher education education-related products and/or services made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); and/or (c) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, True Quote USA and/or True Quote USA third-party online higher education degree program and higher education education-related product and service providers (“Third-Party Service Providers”) (collectively, the “Contact Services,” and together with the Site and Content, the “Site Offerings”).
By using and/or accessing the Site Offerings, Users agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST True Quote USA, AS WELL AS ITS PARENT, SUBSIDIARIES, MEMBERS, RELATED PARTIES, THIRD-PARTY SERVICE-PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
PLEASE BE ADVISED THAT True Quote USA IS NOT A SECONDARY SCHOOL AND True Quote USA DOES NOT ITSELF PROVIDE HIGHER EDUCATION-RELATED PRODUCTS AND/OR SERVICES. THE ULTIMATE TERMS AND CONDITIONS OF ANY EDUCATION-RELATED PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE SITE OFFERINGS WILL BE DETERMINED BY THE APPLICABLE THIRD-PARTY SERVICE PROVIDERS. True Quote USA DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE CONTENT, INFORMATION OR SCHOOL LISTINGS MADE AVAILABLE BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD-PARTY SERVICE-PROVIDERS, NOR DOES True Quote USA REPRESENT OR WARRANT THAT SUCH CONTENT, INFORMATION OR SCHOOL LISTINGS ARE ACCURATE, COMPLETE OR APPROPRIATE. True Quote USA ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH CONTENT, INFORMATION AND/OR SCHOOL LISTINGS. RELIANCE ON ANY INFORMATION MADE AVAILABLE TO YOU BY AND THROUGH THE SITE OFFERINGS, INCLUDING THE CONTENT, IS SOLELY AT YOUR OWN RISK.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and True Quote USA with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. True Quote USA may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
2. Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; and (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residency) (collectively, “Usage Requirements”).
The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residency) and/or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings.
True Quote USA may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where True Quote USA believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. True Quote USA does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. True Quote USA does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and True Quote USA has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Contact Services. By and through the Contact Services, True Quote USA provides Users with an opportunity to request to be contacted in connection with higher education programs, products and/or services as offered and provided by Third-Party Service Providers. Please be advised that True Quote USA does not itself provide higher education products and/or services, and the ultimate terms and conditions of any product or service provided by Third-Party Service Providers will be determined by those Third-Party Service Providers.
4. Registration; Demographic Data. Where a User attempts to utilize the Contact Services, that User may be required to submit, and True Quote USA may collect, some or all of the following information: (a) full name; (b) mailing address; (c) e-mail address; (d) telephone number; (e) level of education completed; (f) high school graduation date; (g) information pertaining to the User’s desired type of higher education, including preferred areas of study, online or in-person and desired start date; (h) whether the User is a US citizen; (i) whether the User is affiliated with the US military; (j) whether the User has a computer with Internet connection; (k) whether the User is interested in a faith based school; and/or (l) any other information requested on the applicable form. (collectively, the “Registration Data”) Without limiting the foregoing, upon entering personal information and clicking on the applicable submission button on the Site: (i) True Quote USA may pass your personal information along to one (1) or more of True Quote USA Third-Party Service Providers; (ii) you may be contacted by True Quote USA and/or one (1) or more Third-Party Service Providers regarding your request; and/or (iii) you may be contacted by one (1) or more Third-Party Service Providers with third-party offers that may be of interest to you. Any information that you supply to any Third-Party Service Provider shall be governed by that third-party entity’s privacy policy. Where True Quote USA contacts you in connection with your submission of Registration Data, a True Quote USA representative may request additional information over the telephone.
You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in a current and accurate fashion. True Quote USA use of the Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
5. Non-Endorsement; Passive Conduit.
(a) True Quote USA operates the Site and Site Offerings as a passive conduit. True Quote USA does not sponsor, recommend or endorse any Third-Party Service Providers and/or higher education opportunities offered by the Third-Party Service Providers (collectively, “Higher Education Offerings”) that are accessible by and through the Contact Services. The Site facilitates communication between Third-Party Service Providers and potential students.
(b) True Quote USA has no control over the quality of the Third-Party Service Providers and/or Higher Education Offerings.
(c) True Quote USA does not guarantee that Users will successfully find higher education opportunities by and/or through the Site Offerings. The determination of the need for higher education and the choice of education providers/schools are extremely important decisions and should not be based solely on advertisements or rates offered by any Third-Party Service Provider. True Quote USA is not responsible for, and in no way endorses, any description or any Third-Party Service Provider that is accessible through the Site Offerings. True Quote USA does not review the credentials or standing of any Third-Party Service Providers. Therefore, True Quote USA makes no representation regarding the status, standing or viability of any Third-Party Service Provider. When considering a Higher Education Offering, Users should make an independent investigation of, confirm and verify all claims made by, any Third-Party Service Provider. You understand and agree that True Quote USA shall not be liable to you or any third party for any Higher Education Offering offered by any Third-Party Service Provider.
(d) True Quote USA is not responsible for ensuring that the applicable Third-Party Service Provider and/or User actually enter into a contractual relationship in connection with any prospective Higher Education Offerings. True Quote USA does not guarantee that Users will successfully find Higher Education Offerings through the Site Offerings.
6. Content; Third-Party Links. The Site contains Content which includes, but is not limited to, text, video and other information pertaining to higher education opportunities, as well as regularly updated Third-Party Links. The Content is compiled, distributed and displayed by True Quote USA, as well as Third-Party Service Providers and other third-party content providers (collectively, “Third-Party Content Providers”). True Quote USA does not control the Content provided by Third-Party Content Providers that is made available by and through the Site Offerings. Such Third-Party Content Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. The Content should not necessarily be relied upon. True Quote USA does not represent or warrant that the Content and other information posted by and/or through the Site Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that True Quote USA will not be responsible for, and True Quote USA undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Content Providers. Users agree that True Quote USA shall have no obligation and incur no liability to such Users in connection with any Content. Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
7. Interactions. True Quote USA does not involve itself in the agreements between Users and Third-Party Service Providers, or in the actual provision of Higher Education Offerings in connection with the relationships created thereby. Users are solely responsible for their interactions with Third-Party Service Providers. Third-Party Service Providers are solely responsible for their interactions with Users. Because True Quote USA is not involved in User interactions, in the event that you have a dispute with one or more Third-Party Service Providers or other Users, you hereby release True Quote USA from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
8. Representations and Warranties. Each User hereby represents and warrants to True Quote USA as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User which is fully enforceable against User in accordance with its terms; (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings and that User represents that she/he has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User will not conflict with or violate: (i) any order, judgment or decree applicable to User; or (ii) any agreement or other instrument applicable to User; and (d) her/his performance under this Agreement and the use of the Site Offerings will not violate any applicable laws, rules or regulations.
9. Indemnification. Each User agrees to indemnify, defend and hold True Quote USA, its members, officers, directors, employees, agents, affiliates and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any other User, Third-Party Service Provider or third-party; (b) that User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 9 are for the benefit of True Quote USA, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. True Quote USA may terminate this license at any time for any reason. Unless otherwise expressly authorized by True Quote USA, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by True Quote USA. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by True Quote USA. Each User further agrees to indemnify and hold True Quote USA harmless for that User’s failure to comply with this Section 10. True Quote USA reserves any rights not explicitly granted in the Agreement.
11. Proprietary Rights. The Site, the Content and the Site Offerings are the property of True Quote USA and/or its licensors and are protected by applicable copyright, trademark and other proprietary rights and laws. Users agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials on the Site, except as permitted under Section 10 or with True Quote USA’s prior written consent.
12. User Conduct. Users agree not to use the Site Offerings to: (a) violate any applicable law, rule or regulation; (b) infringe the rights of any third party, including privacy, publicity, intellectual property or other proprietary rights; (c) upload, transmit or otherwise make available any virus, malware or other harmful code; (d) interfere with or disrupt the operation of the Site Offerings or any servers or networks connected to the Site Offerings; or (e) engage in any activity that we deem inappropriate, in our sole discretion.
13. Third-Party Websites. The Site may contain links to third-party websites that are not owned or controlled by True Quote USA. True Quote USA is not responsible for the content, privacy policies or practices of any third-party websites. Users should review the applicable third-party terms and policies when visiting any third-party website.
14. Disclaimer of Warranties. THE SITE OFFERINGS AND ANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TRUE QUOTE USA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRUE QUOTE USA DOES NOT WARRANT THAT THE SITE OFFERINGS WILL BE ERROR-FREE, UNINTERRUPTED, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL TRUE QUOTE USA OR THE COVERED PARTIES BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE AGREEMENT OR THE SITE OFFERINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TRUE QUOTE USA’S TOTAL LIABILITY TO ANY USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO TRUE QUOTE USA FOR USE OF THE SITE OFFERINGS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
16. Governing Law. The Agreement, including the Dispute Resolution Provisions, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, and the laws of the United States of America. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.
17. Dispute Resolution; Arbitration. Any dispute, claim or controversy arising out of or relating to the Agreement and/or the Site Offerings shall be resolved by final and binding arbitration administered by a recognized arbitration provider, on an individual basis, pursuant to the Federal Arbitration Act. The arbitrator shall have exclusive authority to resolve all disputes, including issues relating to the scope, applicability, enforceability or formation of this arbitration agreement. USERS WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
18. Class Action Waiver. USERS AGREE THAT ANY ARBITRATION OR ACTION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. USERS EXPRESSLY WAIVE THEIR ABILITY TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
19. Severability. If any provision of the Agreement is found to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
20. Miscellaneous. The Agreement constitutes the entire agreement between Users and True Quote USA concerning the subject matter hereof. True Quote USA’s failure to enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Users may not assign the Agreement without True Quote USA’s prior written consent. True Quote USA may assign the Agreement, in whole or in part, at any time without notice.