Requests to be Matched. Some of our Websites provide you access to certain services, such as referrals to products, services, suppliers and service providers that may be of interest to you (the "Website Services"), and to certain content provided by us or by third parties, such as news and information regarding such products, services and supplies in various industries (the "Website Content"). PLEASE READ THE FOLLOWING CAREFULLY:
Services. Certain of our Websites provide you with the opportunity to submit requests (each, a "Request") for information on a wide variety of products and services offered by certain service providers (each such service provider, a "Service Provider"). We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request can in fact meet all of your requirements. We may reject any Request and/or elect not to forward a Request to participating Service Providers, for any reason or no reason. Subject to certain exceptions below, the Website acts solely as a paid marketing lead generator. QuinStreet may receive a marketing lead generation fee from the Service Providers. You should rely on your own judgment in deciding which available product or service and Service Provider best suits your needs.
Transfer of your information. In submitting a Request to be matched on the Website, you agree to allow us to transfer all of your information in connection with your Request to matching Service Providers, whether or not you have specifically selected such Service Provider. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. Please notify the Service Provider(s) directly if you no longer wish to receive communications from them. The Service Provider(s) may keep your Request information and any other information provided by us in connection with your Request whether or not they offer you a product or service.
Additional Terms Applicable to Financial Services Requests
- Financial Services Requests, Generally. Our Websites provide you with the opportunity to submit Requests for information and to be matched with financial services Service Providers, such as insurance companies, mortgage lenders, and personal loan lending partners (collectively, "Financial Services Requests"). Subject to the limited exceptions below, a Financial Services Request is not an application for insurance, credit or a request for a loan pre-qualification; rather, it is an inquiry to be matched with Service Providers. As such, QuinStreet does not make any decisions regarding the products and services offered by the Service Providers and does not make any underwriting, loan or credit decisions. Subject to the limited exceptions below, QuinStreet is not your agent, the agent of any Service Provider, nor a broker, lender, creditor for or issuer of the products featured on these Websites.
- Exception: Automobile Insurance Policies. If you submit a Financial Services Request for automobile insurance coverage, QuinStreet may match you with one or more quotes from our Service Providers. In some cases, QuinStreet also may offer you the ability to purchase automobile insurance policies directly through its website Insurance.com (Auto Policy Sale). The services provided in connection with the purchase of automobile insurance policies through Insurance.com are offered by QuinStreet Insurance Agency, Inc. In connection with Auto Policy Sales, QuinStreet would act as the agent on behalf of these companies offering insurance policies directly to you.
- Exception: 360 Finance. If you submit a Financial Services Request for a loan or other financing through the website 360finance.us ("360 Finance"), QuinStreet may match you with one or more quotes from our Service Providers (e.g., lending partners). In some cases, QuinStreet also may offer you the ability to submit an application to a Service Provider in response to the Service Provider's quote on 360 Finance. The services provided in connection with 360 Finance are offered by QuinStreet PL, Inc.
- Authorization to Obtain Full Social Security Number, Credit Report and Credit Score. You understand and agree that by submitting your request to be matched with Service Providers on certain Websites, you authorize QuinStreet under the Fair Credit Reporting Act (FCRA) to obtain your full Social Security Number, credit report, and credit score from a credit reporting agency to verify your identity and to match you with lending partners or Service Providers. You understand and agree that you are also providing written instruction under the FCRA for these matching Service Providers separately to obtain your credit report, credit score, and other information from one or more credit reporting agencies in order to verify your identity and provide you with prequalified quotes. In submitting a Financial Services Request, you agree to allow us to transfer this information, including your social security number, in connection with your Financial Services Request to matching Service Providers, whether or not you have specifically selected such Service Provider. You further expressly authorize any Service Providers with whom you are matched to share among its affiliates, loan servicers, and bank partners any transaction history related to your financial products or services received or serviced through such Service Provider for the limited purpose of evaluating you for credit.
- No guarantee of insurance, loan or credit. We cannot and do not guarantee that you will be matched to any Service Provider, that any Service Provider will make a loan or offer to you, or that any program terms including any specific loan terms or rates, offered by the Service Providers are the best terms or lowest rates available in the market. A Service Provider's offer may be subject to market conditions, approval and qualification. The rates and fees you actually achieve may be higher or lower depending on your complete credit and financial profile. Your ability to secure any loan or consummate any transaction with any Service Provider is solely a matter to be resolved between you and such Service Provider. You may have to complete an application with, and pay an application fee to, the Service Provider before they extend an offer to you or provide that Service Provider with additional information to enable them to further verify your income.
No endorsements or recommendations. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your Request to the Service Providers, QuinStreet has no further involvement in any transactions that occur between you and the Service Provider(s). QuinStreet neither recommends nor endorses any specific products, opinions, or other Website Content that may be made available through or mentioned on the Website.
QuinStreet is not responsible or liable for any Service Provider's acts or omissions including for any quotes or services that any such Service Provider may provide, for any Service Provider's contacting or failure to contact you, for any Service Provider's performance or failure to perform any services, or for any agreement or transaction between you and any Service Provider.
No substitute for professional advice. We provide all Website Content and Website Services solely for your convenience, and such Website Content and Website Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Website Content or the Website Services. Website Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Website Content or Website Services available through the Website. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Website.
MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS ("ARBITRATION AGREEMENT").PLEASE READ THIS SECTION CAREFULLY – THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (HEREINAFTER "CLASS ACTION").
ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OR TO FILE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION SUBJECT TO THE LIMITED EXCLUSIONS BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY.
In the event the legal department is unable to resolve a complaint to your satisfaction, this section explains how any Dispute (as defined below) will be resolved through arbitration.In this Arbitration Agreement, the terms "QuinStreet" "our," "we," or "us" includes QuinStreet, Inc., and of its present or future affiliates or subsidiaries, including any companies that may contact you in connection with your use of the Websites, and any persons or entities (including agents or employees) related to QuinStreet or its present affiliates or subsidiaries.
YOU AND QUINSTREET AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS OTHERWISE QUALIFY FOR SMALL CLAIMS COURT AND AS LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE BASIS).
You and QuinStreet agree that these Terms affect interstate commerce and the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.
This Arbitration Agreement applies to any "Dispute." For purposes of this Arbitration Agreement, "Dispute" shall include, but is not limited to, any claims or controversies between you and QuinStreet that are related in any way to these Terms, including, but not limited to, your use of any of the Websites, privacy-related matters, advertising, and/or any communications between you and QuinStreet, whether occurring on the Websites (or any of them), in a mobile application or by phone or email, even if the Dispute arises after the termination of your relationship with QuinStreet. "Dispute" also includes any disputes you may have against any companies that may contact you in connection with your use of the Websites, and any such companies are third-party beneficiaries of this Arbitration Agreement. "Dispute" also includes, without limitation, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) QuinStreet brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and QuinStreet, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before these Terms or out of a prior agreement with QuinStreet (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a class member; and/or (f) arise after the termination of these Terms. "Dispute" will be given the broadest possible meaning permitted by law. "Dispute," however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except those relating to the scope, validity, and enforceability of the Arbitration Agreement or any issues arising from or relating to the arbitrability of any Disputes. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.
17.1
Pre-Arbitration Informal Dispute Resolution.
- You and QuinStreet agree to make a good faith effort to resolve any Dispute informally prior to you or QuinStreet initiating an arbitration proceeding. You or QuinStreet must first send a written notice to the other party providing a detailed description of the Dispute; your name and contact information (address, telephone number, and email address); sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims, and (2) the nature and basis of the relief sought with a detailed calculation for that relief. Your notice to us must be personally signed by you (and your attorney if you are represented). Our notice to you will be personally signed by a QuinStreet representative (and our attorney if we are represented).
- Your notice to QuinStreet must be sent to QuinStreet, Legal Department, 950 Tower Lane, Suite 1200, Foster City, CA 94404, with a copy by e-mail to mateo@driversavingsplan.com. Our notice to you will be sent based on the most recent contact information that you have provided to us. If no such information exists or if such information is not current, then we have no obligation under these Terms. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together in an effort to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you must personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss potential resolution. If requested by you in connection with a notice initiated by us, a QuinStreet representative must personally participate in an individualized telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended if you and we agree), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a prerequisite to commencing arbitration.
- The party initiating arbitration must include as part of the demand for arbitration a signed certification of compliance with the informal dispute resolution process. If you initiate arbitration, then the certification must be signed by you (and by your attorney, if you are represented). If we initiate arbitration, then the certification must be signed by a QuinStreet representative (and our attorney, if we are represented).
- Any applicable statute of limitations shall be tolled while the parties engage in this informal dispute resolution process.
- If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. You or we may also elect to raise non-compliance with this informal dispute resolution process with a Process Arbitrator (as applicable) or with the Merits Arbitrator.
17.2 Waiver of Jury Trial; Waiver of Class Actions.YOU AND QUINSTREET WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU AND QUINSTREET ARE INSTEAD CHOOSING TO HAVE ALL DISPUTES RESOLVED BY ARBITRATION. ARBITRATION PROCEEDINGS ARE TYPICALLY MORE LIMITED, MORE EFFICIENT, AND LESS COSTLY THAN PROCEEDINGS COURT. ARBITRATION PROCEEDINGS ARE ALSO SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN ANY LITIGATION BETWEEN YOU AND QUINSTREET OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND QUINSTREET WAIVE ALL RIGHTS TO A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.YOU AND QUINSTREET WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN COURT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND QUINSTREET AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF). THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.
17.3 Arbitration Rules; Procedures; Fees.
- To begin an arbitration proceeding, you must send an arbitration demand that contains the information set forth in the informal dispute resolution section (required for the notice) along with all information required by the American Arbitration Association (AAA) to the AAA with a copy to QuinStreet, Legal Department, located at: QuinStreet Legal Department, 950 Tower Lane, Suite 1200, Foster City, CA 94404, with a copy by e-mail to mateo@driversavingsplan.com, or we must send an arbitration demand to you that contains this same information set forth above to the AAA with a copy to the most current address we have on file for you.
- The arbitration demand must be accompanied by a signed certification of completion of the informal dispute resolution process referenced above and be personally signed by you (and your attorney, if you are represented) if you are initiating arbitration or by a QuinStreet representative (and our attorney, if we are represented) if we are initiating arbitration. By signing the arbitration demand, you or QuinStreet (and our attorneys, if applicable) certify to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on the parties and their counsel.
- The arbitration will be administered by the AAA under its rules, including the AAA's Consumer Arbitration Rules as applicable. The AAA's rules are available at www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties shall seek to agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court to appoint an administrator that will administer the arbitration consistent with this Arbitration Agreement. Payment of all arbitration fees will be governed by the AAA's rules. QuinStreet will reimburse the consumer portion of the arbitration fee following the proceeding upon your sufficient demonstration of financial hardship (1) if the AAA declines your request for a fee waiver; (2) provided you comply with the provisions of the Arbitration Agreement including the informal dispute resolution process referenced above; and (3) provided your claim is not deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding the foregoing, if QuinStreet is required to pay the consumer portion of the arbitration fee for this Arbitration Agreement to be enforceable, it shall do so. The provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
- Except as specifically provided herein, you may choose to have the arbitration conducted by phone, video, in-person or through written submissions, except any Dispute over $75,000 shall have an in-person or video hearing. QuinStreet reserves the right to request a hearing in any matter from the arbitrator. If you initiate arbitration, then you agree to personally appear at any in-person, video, or telephonic hearing (along with your attorney if you are represented). If we initiate arbitration, then QuinStreet agrees to have a representative appear at any in-person, video, or telephonic hearing (along with our attorney if we are represented). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed location. The arbitrator shall be located in reasonable proximity to you or the mutually agreed location if a hearing is required or requested consistent with the above.
- The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms as a court would, and will adjudicate any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
- You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may negotiate with the AAA for reduced fees and costs and for streamlined procedures designed to reduce the costs and increase the efficiencies of arbitration.
17.4 Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against QuinStreet by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for QuinStreet shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) proceedings, each side shall select another five (5) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this dispute resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against QuinStreet.
17.5 Opt-out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: QuinStreet, Legal Department, 950 Tower Lane, Suite 1200, Foster City, CA 94404 postmarked within 30 days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of the Arbitration Agreement contained in these Terms of Use.
17.6 Severability and Survival. Except as specifically provided in the Arbitration Agreement, if any part or parts of this Arbitration Agreement is/are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth in section 16.2 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, and all appeals from that decision have been exhausted (or the decision is otherwise final), then the Arbitration Agreement shall be deemed null and void in its entirety. This Arbitration Agreement will survive the termination of your relationship with QuinStreet.
17.7 Future Changes to Arbitration Agreement. QuinStreet agrees that if we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending us written notice to the address provided above within 30 days of the change. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and QuinStreet in accordance with the language of this Arbitration Agreement section.