Please read Esurance's Terms of Use carefully before using Esurance's website, www.esurance.com, (the "Site"). By using the 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 not use the Site. Your continued use of the Site will constitute your acceptance of these Terms of Use, as may be modified by Esurance at any time without notice to you. Please check this page regularly for updates.
Permitted use
All of the content in the Site is made available only for your personal, lawful, non-commercial use in connection with seeking insurance. Use of the Site by a competitor company or other non-consumer third party is prohibited.
Except as expressly mandated by law, you may not, without our prior written permission: (i) link from another website to the Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Site; or (iii) engage in systematic retrieval of data or other content from the Site.
Copyrights and trademarks
Except as otherwise indicated, all materials in the Site, including without limitation the Esurance logo and other Esurance trademarks and service marks, are the property of Esurance Insurance Services, Inc. and/or its affiliates or licensors and are protected by international copyright and trademark laws, all rights reserved. You may use materials obtained from the Site for the permitted purposes set forth in these Terms of Use, provided that the following copyright notice appears in all copies of any downloaded or printed materials: "© 2014 Esurance Insurance Services, Inc. All rights reserved." Any other use is prohibited.
Our products and services
The information and materials provided in the Site are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to Esurance's products and services. All coverages are subject to the terms and conditions of the insurance policies issued. Coverages and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The products and services offered in the Site are only available in the jurisdictions in which Esurance is properly licensed.
Privacy and passwords
Esurance values and protects the privacy of your information. Please review the Esurance Privacy Policy, as it contains important information relating to your use of the Site.
Some portions of the Site are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify Esurance immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if Esurance believes that any unauthorized access may occur or has occurred, Esurance may terminate such access without prior notice to you. You also agree that Esurance is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
Third-party sites
At times, the Site may have links to websites 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 Esurance of the Third-Party Sites. The Third-Party Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. Esurance 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.
Disclaimer of warranties
All information, products, content and other materials in the Site, accessible from the Site, or in a Third-Party Site are provided "as is" and without warranties or representations of any kind, either express or implied. This means that Esurance expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. In addition, Esurance does not represent or warrant that: (i) the operation of the Site will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Site, any emails sent by Esurance, or the server that makes the Site available are free of viruses or other harmful devices; (iv) the Site will be available to you or that you will qualify for products or services offered; (v) the materials in the Site will be accurate as of any particular date; or (vi) the products or services offered through the Site are available outside of the United States or in jurisdictions in which Esurance is not properly licensed.
If you are in a state that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to you.
Limitation of liability
Esurance shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if Esurance has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of Esurance's gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data.
If you are in a state that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you agree in any event that Esurance's total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Site.
Jurisdiction, enforceability, and termination
These Terms of Use and your use of the Site are governed in all respects by the laws of the State of California, without giving effect to any principles of conflicts of laws. Any dispute concerning the Site or these Terms of Use shall be subject to the exclusive venue of a court of competent jurisdiction in San Francisco County, California.
In the event that a court of competent jurisdiction holds any provision of these Terms of Use to be invalid or unenforceable, then such provision shall be severable from and shall not affect the validity or enforceability of the remaining provisions.
These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use without notice to Esurance by discontinuing all use of the information contained in the Site and destroying the materials you have obtained from the Site, including all related documentation and copies. Esurance may terminate these Terms of Use and/or the products or services offered by Esurance at any time without notice to you if, in our sole judgment, you breach any term or condition of these Terms of Use. Upon termination, you must discontinue all use of the information contained in the Site and destroy the materials you have obtained from Esurance, including all related documentation and copies. Esurance is also entitled to terminate all or part of the Site at any time, without notice to you.
These Terms of Use state the entire agreement with regard to the items discussed above.
Reporting claims of copyright infringement
Esurance takes claims of copyright infringement seriously. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), by submitting written notification to our Copyright Agent (designated below). Your written "DMCA Notice" should include all of the following:
- Identification of your copyrighted work which you believe has been infringed; OR, if your claim involves multiple works on the Site, a representative list of those works.
- Clear identification of the allegedly infringing material, along with enough information to allow us to locate it on the Site.
- Your current contact information (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that: a) the information you have given us is accurate and b) you are authorized to act on behalf of the copyright owner.
- Your physical or electronic signature.
Send your DMCA Notice to our designated Copyright Agent:
Esurance Legal Department
Attn: Copyright Agent
650 Davis Street
San Francisco, CA 94111
415-875-4500
Email: copyrightnotices@esurance.com
Please note that if you fail to provide all of the information outlined above, your DMCA Notice may not be effective.