Thank you for visiting one of our websites. Our websites (the "Websites"), including
but not limited to www.quinstreet.com, www.amone.com,
and www.modernize.com, are copyrighted works belonging to QuinStreet,
Inc. ("QuinStreet"). QuinStreet grants you the right to use the Websites subject to
these Terms of Use and our Privacy Notice, 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 "Terms").
Be advised that these Terms contain disclaimers of warranties and limitations on
liability that may be applicable to you. PLEASE READ THESE TERMS CAREFULLY. BY
ACCESSING ANY OF THE WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE ANY OF THE WEBSITES.
THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IN
ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE
REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.
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Privacy Notice. Please review the QuinStreet
Privacy Notice, which may be found at
https://www.quinstreet.com/privacy-notice ("Privacy Notice"). The terms of the
Privacy Notice are incorporated into, and considered a part of, these Terms.
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Use of Information. When you visit a QuinStreet
Website, in some cases you will be prompted to disclose certain information about
yourself and the products or services that you are inquiring about ("Service
Request"). By completing a Service Request and agreeing to the consent provided, you
agree that you are entering into a business relationship with QuinStreet and its
third-party partners and service providers, and therefore agree to be contacted by
QuinStreet, its advertising partners, and/or service providers.
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License. QuinStreet owns and operates the Websites.
The information and content available on the Websites, or in any communications
QuinStreet sends you (the "Website Content") are protected by copyright laws
throughout the world. QuinStreet grants you a limited license to reproduce portions
of the Website Content for the sole purpose of reviewing the Website Content as an
applicant for employment, a current or potential customer, current or potential
business partner, or current or potential investor of QuinStreet. All copyright and
other proprietary notices on any Website Content must be retained on any copies. Any
unauthorized reproduction or modification, distribution, or performance of any
Website Content is strictly prohibited. QuinStreet and its licensors reserve all
rights not granted in these Terms.
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Trademarks. All trademarks, logos and service marks
(collectively, "Marks") displayed on the Websites are QuinStreet's property or the
property of other third parties. You are not permitted to use these Marks without
QuinStreet's prior written consent or the consent of the third party that owns the
Marks.
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Modification. QuinStreet reserves the right, at any
time, to modify the Website Content or to modify, suspend, or discontinue the
Websites or any part thereof with or without notice. You agree that QuinStreet will
not be liable to you or to any third party for any modification of the Website
Content or modification, suspension, or discontinuance of the Websites.
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Rules of Conduct.
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You must be at least 18 years old to visit or use the Website in any manner. By
visiting the Website or accepting this Agreement, you represent and warrant to
QuinStreet that you are 18 years of age or older, and that you have the right,
authority, and capacity to agree to and abide by this Agreement.
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You must not post violent, nude, partially nude, discriminatory, unlawful,
infringing, hateful, pornographic or sexually suggestive photos or other content
via the Website.
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You are responsible for any activity that occurs through your account and you
agree you will not sell, transfer, license or assign your account, followers,
username, or any account rights. With the exception of people or businesses that
are expressly authorized to create accounts on behalf of their employers or
clients, QuinStreet prohibits the creation of - and you agree that you will not
create - an account for anyone other than yourself. You also represent that all
information you provide or provided to QuinStreet upon registration and at all
other times will be true, accurate, current and complete and you agree to update
your information as necessary to maintain its truth and accuracy.
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You must not create accounts with the Website through unauthorized means,
including by using an automated device, script, bot, spider, crawler or scraper.
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You must not solicit, collect or use the login credentials of other Website
users.
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You must not use the Website to defame abuse, harass, stalk, threaten or
otherwise violate the legal rights of others, including others' privacy rights
or rights of publicity, or harvest or collect personally identifiable
information about other users of the Website.
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You must not use the Website for any illegal or unauthorized purpose. You agree
to comply with all laws, rules and regulations (for example, federal, state,
local and provincial) applicable to your use of the Website, including copyright
laws.
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You are solely responsible for your conduct and any data, text, files,
information, usernames, images, graphics, photos, profiles, audio and video
clips, sounds, musical works, works of authorship, applications, links and other
content or materials that you submit, post or display on or via the Website.
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You must not interfere or disrupt the Website or servers or networks connected
to the Website Services, including by transmitting any worms, viruses, spyware,
malware or any other code of a destructive or disruptive nature. You may not
inject content or code or otherwise alter or interfere with the way any Website
page is rendered or displayed in a user's browser or device.
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You must not use any robot, spider, Website search/retrieval application or
other manual or automatic device to retrieve, index, "scrape," "data mine" or in
any way gather Website content or reproduce or circumvent the navigational
structure or presentation of the Website without QuinStreet's express prior
written consent. Notwithstanding the immediately foregoing sentence (but subject
to the other items listed above), QuinStreet grants the operators of public
search engines permission to use spiders to copy materials from the Website for
the sole purpose of and solely to the extent necessary for creating
publicly-available searchable indices of such materials, but not caches or
archives of such materials. We reserve the right to revoke these exceptions,
either generally or in specific cases, at any time.
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You must not restrict or inhibit any other person from using the Website
(including by hacking or defacing any portion of the Website).
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You must not reproduce, duplicate, copy, sell, resell or otherwise exploit for
any commercial purposes, any portion of, use of, or access to the Website.
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Except as expressly permitted by applicable law, you must not modify, adapt,
translate, reverse engineer, decompile or disassemble any portion of the
Website.
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You must not remove any copyright, trademark or other proprietary rights'
notices from the Website or materials originating from the Website.
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You must not frame or mirror any part of the Website without QuinStreet's
express prior written consent.
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You must not create a database by systematically downloading and storing all or
any Website content.
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Registration; Usernames and Passwords. On certain of
the Websites, you may be required to register with QuinStreet in order to access
certain services or areas of the Website. With respect to any such registration,
QuinStreet may refuse to grant you, and you may not use, a username (or email
address) that violates the intellectual property or other rights of any person; that
is offensive; or that QuinStreet rejects for any other reason in its sole
discretion. Your username and password are for your personal use only, and not for
use by any other person. You are responsible for maintaining the confidentiality of
any password you may use to access the Website, and agree not to transfer your
password or username, or lend or otherwise transfer your use of or access to the
Website, to any third party. You are fully responsible for all interaction with the
Website that occurs in connection with your password or username. You agree to
immediately notify QuinStreet of any unauthorized use of your password or username
or any other breach of security related to your account or the Website, and to
ensure that you "log off"/exit from your account with the Website (if applicable) at
the end of each session. QuinStreet is not liable for any loss or damage arising
from your failure to comply with any of the foregoing obligations.
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Feedback. If you provide any feedback or suggestions
to QuinStreet regarding the Websites and/or QuinStreet's other services
(collectively, "Feedback"), QuinStreet may use such Feedback for any purpose. So
that we may incorporate such Feedback into QuinStreet's Websites and/or QuinStreet's
services, QuinStreet alone will own all right, title and interest, including all
related intellectual property rights, in and to all such Feedback and you hereby
assign such Feedback to QuinStreet free of charge.
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Third Party Links. The Websites may contain links to
other websites operated by third parties. Such third party websites are not under
the control of QuinStreet. QuinStreet is not responsible for the content of any
third party website or any link contained in a third party website. QuinStreet
provides these links only as a convenience and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to third party websites.
If you decide to access any of the third party websites linked to any of our
Websites, you do this entirely at your own risk. Third party websites are subject to
their own terms and policies, including privacy and data gathering practices.
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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
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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.
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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.
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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.
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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.
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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.
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Consent to Electronic Communications. When you visit
one of QuinStreet's Websites or send email to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
Although we may choose to communicate with you by regular mail, we may also choose
to communicate with you by email or by posting notices on the Website. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in
writing.
If you submit a request to be matched with one of our third party Service Providers,
please note that these third party Service Providers may be required by law to
provide you with certain communications, notices, disclosures, information and other
materials ("Communications"). These third party Service Providers must obtain your
consent in order to provide you with these Communications electronically. By
submitting a request to be matched with one of our third party Service Providers,
you affirmatively consent and agree to receive all Communications required under law
electronically in accordance with the terms of
QUINSTREET E-SIGN CONSENT. PLEASE READ THE TERMS OF THE QUINSTREET
E-SIGN CONSENT CAREFULLY.
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SMS Alerts for Users. QuinStreet mobile alerts are
marketing text messages that contain information about QuinStreet's promotions,
deals, or products that may be of interest to you.
By submitting your information, you expressly consent to receive recurring
autodialed marketing messages from or on behalf of QuinStreet at the mobile number
you provided. You understand that consent is not a condition of purchase. Message
and data rates may apply. Message frequency will vary.
You can cancel the SMS alerts at any time. Just text "STOP" to 36613 for educational
alerts or 27419 for insurance alerts. After you send the SMS message "STOP" to us,
we will send you an SMS message to confirm that you have been unsubscribed. After
this, you will no longer receive SMS messages from us. If you want to join again,
just sign up as you did the first time and we will start sending SMS messages to you
again.
If at any time you forget what keywords are supported, just text "HELP" to 36613 or
27419. After you send the SMS message "HELP" to us, we will respond with
instructions on how to unsubscribe. As always, standard text message and data rates
may apply for any SMS messages sent to you from us and to us from you. If you have
any questions about your text plan message or data plan, it is best to contact your
wireless provider carrier.
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WARRANTY DISCLAIMER. QUINSTREET IS PROVIDING THE
WEBSITES AND THE WEBSITE CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR USE AT
YOUR OWN RISK. QUINSTREET DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
AND QUIET ENJOYMENT. QUINSTREET DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITES. INFORMATION AT THE
WEBSITES MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN
ERRORS.
QUINSTREET MAKES NO WARRANTY, REPRESENTATION, GUARANTEE, OR ENDORSEMENT WITH RESPECT
TO ANY PRODUCTS AND SERVICES OFFERED BY THIRD PARTY COMPANIES OR SERVICE
PROFESSIONALS THAT MAY APPEAR ON THIS WEBSITE NOR THAT THESE SERVICES WILL BE
AVAILABLE TO YOU. QUINSTREET SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR
GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF
SUCH PRODUCTS AND SERVICES, AND THE CONDUCT OF ANY THIRD PARTY SERVICE PROFESSIONAL.
THE SERVICE PROFESSIONALS ARE NOT EMPLOYEES OR AGENTS OF QUINSTREET. YOUR RIGHTS
UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROFESSIONALS ARE GOVERNED BY THE TERMS
OF SUCH CONTRACTS ANY BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. SHOULD YOU HAVE
A DISPUTE WITH ANY SERVICE PROFESSIONAL, YOU MUST ADDRESS SUCH DISPUTE WITH THE
SERVICE PROFESSIONAL DIRECTLY.
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LIMITATION OF LIABILITY. TO THE FULLEST EXTENT
PERMITTED BY LAW, QUINSTREET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE WEBSITES OR THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT QUINSTREET HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. QUINSTREET'S
TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITES, OR THE
WEBSITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY
DOLLARS ($50).
THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN YOU AND QUINSTREET. ACCESS AND USE OF THE WEBSITES WOULD NOT BE PROVIDED TO
YOU WITHOUT SUCH LIMITATIONS. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW
CERTAIN LIMITATIONS ON LIABILITY, IN SUCH JURISDICTIONS, THE LIABILITY OF QUINSTREET
SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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Indemnification. You agree to indemnify and hold
QuinStreet, its subsidiaries, affiliates, officers and employees, and Service
Providers harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the Website, the
violation of this Agreement by you, or the infringement by you, or other user of the
Website using your computer, of any intellectual property or other right of any
person or entity. Even though prohibited, people may provide information that is
offensive, false, harmful, or deceptive. QuinStreet and its Service Providers assume
no responsibility whatsoever for such content or actions.
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RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER
DISCHARGE QUINSTREET AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS,
LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS
FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY
NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH
NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE
OF THE WEBSITE.
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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.
Most concerns can be resolved by reaching out to our internal legal department by
emailing [email protected]
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.
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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).
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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
[email protected]. 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.
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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).
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Any applicable statute of limitations shall be tolled while the parties engage
in this informal dispute resolution process.
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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.
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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
[email protected] , 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.
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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.
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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.
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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.
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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.
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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.
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Claims of Copyright Infringement. The Digital
Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners
who believe that material appearing on the Internet infringes their rights under
U.S. copyright law. If you believe in good faith that materials available on the
Website infringe your copyright, you (or your agent) may send us a notice requesting
that we remove the material or block access to it. If you believe in good faith that
someone has wrongly filed a notice of copyright infringement against you, the DMCA
permits you to send us a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA. See
http://www.copyright.gov/ for details. Notices and counter-notices
should be sent to:
QuinStreet, Inc.
ATTN: Copyright Agent
950 Tower Lane, Suite 1200
Foster City, CA 94404
Email: [email protected]
Phone: (650) 578-7700
Fax: (650) 350-1423
We suggest that you consult your legal advisor before submitting a notice or
counter-notice.
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Amendment. These Terms are subject to occasional
revision, and if QuinStreet makes any substantial changes, QuinStreet will notify
you by sending you an e-mail to the last e-mail address you provided to QuinStreet
(if any QuinStreet may have in its records) and/or by prominently posting notice of
the changes on the Websites. Any material changes to these Terms will be effective
upon the earlier of thirty (30) calendar days following QuinStreet's dispatch of an
e-mail notice to you or thirty (30) calendar days following QuinStreet's posting of
notice of the changes on the Websites. These changes will be effective immediately
for new users of the Websites. Continued use of the Websites following such changes
shall indicate your acknowledgement of such changes and agreement to be bound by the
Terms as modified. Certain provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages of this Websites.
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General Provisions. General Provisions. If any
provision in these Terms is, for any reason, held to be invalid or unenforceable,
the other provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and enforceable
to the maximum extent permitted by law (except as provided in Section 17.6). These
Terms and any action related thereto will be governed, controlled, interpreted, and
defined by and under the laws of the State of California, without giving effect to
any conflicts of laws principles that require the application of the law of a
different state. By using any of our Websites, you hereby expressly consent to the
personal jurisdiction and venue in the state and federal courts for San Mateo
County, California for any lawsuit filed there against you by QuinStreet arising
from or related to these Terms. These Terms (which includes the
Privacy Notice and any other legal notices or terms located on
particular pages of the Websites) constitute the entire agreement between you and
QuinStreet regarding the use of the Website(s) and Website Content. Notwithstanding
the foregoing, these Terms do not supersede or amend (and will not take precedence
over) any signed written agreement between you and QuinStreet with respect to the
subject matter of that signed written agreement, unless otherwise set forth in that
signed written agreement. If you have any questions about the foregoing, please
contact QuinStreet at the following e-mail address: [email protected].
