Westlink Solution Terms of Use

1. Acceptance of these Terms

To access or use the Website you must live in the United States (including its territories) and be at least eighteen (18) years old. By visiting, browsing, or using any part of the Website, directly or indirectly, or by using any tool, form, or service offered through it, you accept this Agreement and agree to be legally bound by it.

This Agreement contains an agreement to arbitrate all claims, a prohibition of class and representative actions and non-individualized relief, and disclaimers of warranties and liability (Sections 5 and 7). Those provisions are an essential part of our bargain. If you do not agree, you are not authorized to use the Website and must stop using it. “You” and “your” mean the person using the Website or any of its tools, forms, or services. If you use the Website for an employer or another organization, you confirm that you have the authority to bind that organization to this Agreement.

We may change or discontinue any feature of the Website at any time, and we may modify these Terms or any other terms that apply to users of the Website. Changes take effect as soon as they are posted. When we change these Terms or the Privacy Policy we update the “Last updated” date at the top of the document, so please check that date from time to time. Using the Website after a change is posted means you accept the change.

2. Privacy Policy

Our Privacy Policy is part of this Agreement. It describes how we collect, store, use, and disclose the information we receive through the Website or directly from you, including how that information may be shared with third parties and used for advertising and other purposes. By using the Website you consent to those practices, as they may be updated from time to time.

3. Matching Tools and Services

The Website offers tools and services that help consumers find insurance coverage, insurance quotes, and related products and services. Those products and services are provided by third parties that are not affiliated with Westlink Solution (collectively, “Providers”). Providers include insurance companies and agencies, home-service companies, financial-service companies, legal-protection providers, our marketing partners, and affiliates or finders acting on behalf of those companies. We may share your information with Providers, as described in the Privacy Policy, so that you can be matched with coverage or services that suit you. After you complete a request or submit your ZIP code or other details, you may either (i) be matched with Providers who respond with quotes or conditional offers, or (ii) be given the names and contact details of Providers who may be able to help, without any quote or offer. Providers may need more information from you before they can respond, and you may not be matched with the Provider behind any particular quote or offer.

Westlink Solution is compensated by its network of Providers when we display their advertising or when you respond to a quote, offer, or request for a Provider’s product or service through the Website. Westlink Solution is not an insurer, agent, or broker; it does not underwrite, issue, or decide on any insurance, financial, home-service, or legal product. Compensation from Providers pays for Westlink Solution’s services, tools, and facilities, and by using the Website you agree to that arrangement.

Westlink Solution does not endorse or recommend any particular Provider and is not your agent or any Provider’s agent. Our role is administrative. You should use your own judgment to decide which product, terms, and Provider best fit your needs and budget. Each Provider is solely responsible for its products and services, and you agree that Westlink Solution is not liable for any damages or costs connected with your use of them. Providers may keep the request information you supply and anything else they receive while handling your request, whether or not you qualify or buy from them. If you no longer want to hear from a Provider, contact that Provider directly. Westlink Solution is not responsible for errors or delays in responding to a request caused by an incorrect email address you provided or by technical problems outside our reasonable control.

The Website and the products and services shown on it may not be available in every state, and availability can change without notice. Providers do not offer products outside the states or countries where they are authorized to do so, and any Provider may suspend or withdraw a product in any state at any time.

Nothing on the Website, and nothing discussed on a call, is a guarantee of coverage or of a specific payment. Every insurance plan is subject to the terms, conditions, exclusions, limitations, eligibility rules, pre-certification requirements, and medical-necessity requirements of the policy actually issued. Contact the Provider for details about a policy and its limitations.

Information you give Westlink Solution is not an application for insurance or any other product and is not a request to be pre-approved or pre-qualified. Westlink Solution does not guarantee acceptance into any program or any particular terms, and does not guarantee that the terms or rates a Provider offers are the best available. A Provider’s offer may depend on market conditions, approval, and qualification, including review of your driving record or other details, and actual rates may be higher or lower based on your full profile. Unless stated in writing, nothing here is an offer, commitment, or rate lock. To help prevent identity theft, money laundering, and the funding of terrorism, Providers may verify and record identifying information such as your name, Social Security number or driver’s license number, address, and date of birth, and may ask for more during their own application process. Westlink Solution does not charge you a fee for matching you with Providers.

When you click a button that accepts terms, continues a process, requests quotes, or submits any form (a “Submission”), you agree to the stated terms of that Submission and you are sending an inquiry to each Provider to which your request is transmitted.

By providing your telephone number in any Submission on the Website, you are giving your signature and express consent to receive calls, emails, postal mail, text messages, and other communications from Westlink Solution and from up to eight companies, which may include our Providers and marketing partners, including calls placed with an automatic telephone dialing system or a prerecorded voice to the wireless or landline number you provided, even if that number is on a state or federal Do Not Call registry. You understand that your carrier may charge for these calls or texts, that consent is not a condition of any purchase, and that you may revoke consent at any time.

By including your email address in a Submission, you are expressly inviting each matched Provider to email you at that address, and such emails are not spam or unauthorized under any local, state, or federal law. For every service, you confirm that the information in your Submission is true and complete.

Westlink Solution aims to provide you with multiple quotes through its network of unaffiliated Providers. By submitting a request form you authorize us to pass your information to Providers so they can complete your request, and you authorize those Providers to verify the accuracy and authenticity of what you supplied, internally and with the help of unaffiliated third parties. Providers give us criteria describing the type of product and the type of customer they want (for example, state of residence); we send your information to Providers whose criteria match your profile. If you turn out not to meet a Provider’s criteria or do not qualify for its products, you also authorize us to send your information to other Providers whose criteria match and whose products we believe may help complete your request.

4. Proprietary Rights and Licenses

You receive a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use and display the Website’s content on a single device for your personal use (not for commercial resale or redistribution) to find the products and services featured on the Website. All other rights are reserved. “Westlink Solution” and the Westlink Solution wordmark and symbol are service marks of TOPDEVELOPER INC. Other product and company names, including Provider names, may be trademarks of their owners. Nothing on the Website grants, by implication, estoppel, or otherwise, any license to use any mark shown on the Website without the prior written permission of Westlink Solution or the mark’s owner. Marks may not be used to disparage Westlink Solution, its Providers, or any third party, or in any way that damages the goodwill in those marks.

The Website contains copyrighted material, trademarks, and other proprietary information belonging to Westlink Solution and its Providers, including text, software, photos, video, graphics, and sound. The Website as a whole is protected as a collective work under United States copyright law, and Westlink Solution owns the copyright in the selection, arrangement, and enhancement of that content and in content original to it. You may not modify, publish, transmit, sell, create derivative works from, or otherwise exploit any of the content, in whole or in part, and you may not reverse engineer, decompile, or disassemble the Website or the software behind it. Except where copyright law expressly permits, no copying, redistribution, retransmission, publication, or commercial or non-commercial exploitation of Website material is allowed without the written permission of Westlink Solution and the copyright owner. Elements of the Website are also protected by trade dress, trademark, unfair-competition, and other state and federal laws and may not be copied or imitated, including through framing or mirroring.

We grant you a revocable right to link to the Website’s home page. You may not state or imply that you, or any site on which you place a link, is endorsed by, sponsored by, or affiliated with the Website or Westlink Solution, and you may not make representations about the Website or its products and services that conflict with this Agreement.

5. Disclaimers and Limitations of Liability

We intend the information on the Website to be accurate and reliable, but errors occur, and we may change or improve the information at any time. Westlink Solution is not liable for any loss or damage caused by your reliance on information obtained through the Website. You are responsible for evaluating the accuracy, completeness, and usefulness of any information, opinion, advice, or other content available through the Website.

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WESTLINK SOLUTION AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED THROUGH IT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, FREEDOM FROM VIRUSES, AND NON-INFRINGEMENT. YOU USE THE WEBSITE AND WESTLINK SOLUTION SERVICES AT YOUR OWN RISK. WESTLINK SOLUTION, ITS PROVIDERS, AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE OR WESTLINK SOLUTION SERVICES, OR WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL CODE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

6. Indemnity

As a condition of using the Website and Westlink Solution services, you agree to indemnify Westlink Solution, TOPDEVELOPER INC, and their affiliates, suppliers, and Providers, together with their members, managers, directors, officers, and employees, against all liabilities, expenses (including reasonable attorneys’ fees), claims, and damages arising out of your use of the Website, including any claim that, if true, would mean you breached this Agreement.

7. Agreement to Arbitrate

You and we agree that every dispute or claim relating to or arising from your use of or access to our services, or any product or service sold, offered, or purchased through them, will be resolved exclusively through final and binding arbitration rather than in court, except that you may bring qualifying claims in small-claims court. The Federal Arbitration Act governs the interpretation and enforcement of this Section 7 (the “Agreement to Arbitrate”).

7.1 Prohibition of class and representative actions and non-individualized relief

You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any class or representative action, including actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Unless both of us agree otherwise, the arbitrator may not consolidate or join the claims of more than one person or party and may not preside over any consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only to the individual party seeking it and only to the extent required by that party’s individual claim. Relief awarded cannot affect our other users.

7.2 Arbitration procedures

The arbitrator, not any court or agency, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate or of this Agreement, including any claim that any part of it is void or voidable.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including its Supplementary Procedures for Consumer-Related Disputes where applicable, as modified by this Agreement to Arbitrate. The AAA’s rules and a form for starting arbitration are available at www.adr.org.

The arbitration will take place in the county where you live or at another mutually agreed location. If the relief sought is worth $10,000 or less, either of us may choose to have the arbitration conducted by telephone or on written submissions alone, subject to the arbitrator’s discretion to require an in-person hearing where the circumstances warrant. Either of us may attend an in-person hearing by telephone unless the arbitrator requires otherwise.

The arbitrator will decide all claims under the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent the law requires. The award is final and binding, and judgment on it may be entered in any court with jurisdiction. This arbitration provision survives termination of this Agreement and the end of your use of our services.

7.3 Costs of arbitration

Filing, administration, and arbitrator fees are governed by the AAA’s rules unless this Agreement to Arbitrate says otherwise. If the relief sought is worth $10,000 or less, we will pay all filing, administration, and arbitrator fees at your request; send the request by mail to the AAA with your Demand for Arbitration and we will arrange payment directly. If the relief sought exceeds $10,000 and you show that arbitration costs would be prohibitive compared with litigation, we will pay as much of those fees as the arbitrator considers necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator finds your claims frivolous, you agree to reimburse us for all fees we paid on your behalf that you would otherwise owe under the AAA’s rules.

7.4 Confidentiality

The parties will keep the arbitration proceedings and award strictly confidential, except as required by court order, as needed to confirm, vacate, or enforce the award, and for disclosure in confidence to their attorneys, tax advisors, senior management, and, for an individual, family members.

7.5 Severability

Except for Section 7.1, if an arbitrator or court finds any part of this Agreement to Arbitrate invalid or unenforceable, the rest still applies. If any part of Section 7.1 is found invalid or unenforceable, the whole Agreement to Arbitrate is void, and the rest of this Agreement, including its legal-disputes provisions, continues to apply.

8. Website Provided from the United States

If you use the Website from outside the United States, your information will be transferred to, stored, and processed in the United States, where our servers and central database are located. Data-protection laws in the United States and other countries may be less comprehensive than those in your country. By using the Website, which is provided exclusively from the United States, you consent to that transfer and to the collection, storage, sharing, and use of your information as described in the Privacy Policy. All transactions relating to the Website are deemed to occur in the United States. Anyone using the Website from another jurisdiction does so voluntarily and is responsible for complying with local laws.

9. Other Terms

This Agreement, including any supplemental terms that apply to specific material on the Website, is the entire agreement between you and Westlink Solution about the Website and replaces all earlier or contemporaneous communications, promises, and proposals, whether oral, written, or electronic. A printed copy of this Agreement and of any notice given electronically is admissible in judicial or administrative proceedings to the same extent as other business records kept in printed form. All terms survive termination except those, such as licenses, that are revocable or by their nature are not meant to survive.

We are not responsible for errors, failures, or delays in performance caused by labor disturbances, accidents, fires, floods, telecommunications or internet failures, strikes, wars, riots, blockades, acts of government, legal requirements, acts or failures of third-party service providers, or other conditions beyond our reasonable control. No joint venture, partnership, employment, or agency relationship exists between you and Westlink Solution or its affiliates as a result of this Agreement or your use of the Website, and neither course of conduct nor trade practice modifies this Agreement.

Notices must be in writing and are effective on receipt. We may notify you by posting an announcement on the Website or by emailing any address you have on file with us; an email notice is deemed given on the day it is sent. Legal notices to us must be sent by certified first-class U.S. mail, return receipt requested, to TOPDEVELOPER INC, 44240 Fremont Blvd, Fremont, CA, 94538, USA. Notices about copyright or other intellectual-property infringement must follow Section 10. For questions about this Agreement or any non-legal matter, use the contact form.

You may not assign this Agreement except by operation of law; Westlink Solution may assign its rights without condition. This Agreement binds and benefits the parties and their successors and permitted assigns.

10. Copyright and Other Intellectual Property Infringement

Westlink Solution respects the intellectual-property rights of others and expects its users to do the same. If you own a copyright, or act for someone who does, and believe third-party content on the Website infringes it, you may send a notice under the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent containing (see 17 U.S.C. § 512(c)(3)):

• a physical or electronic signature of a person authorized to act for the owner of the exclusive right;
• identification of the copyrighted work, or a representative list if several works are covered by one notice;
• identification of the allegedly infringing material and enough information for us to locate it;
• information that lets us contact you, such as an address, telephone number, and email address;
• a statement that you believe in good faith the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the owner.

Our designated Copyright Agent is: Copyright Agent, TOPDEVELOPER INC, 44240 Fremont Blvd, Fremont, CA, 94538, USA. Only DMCA notices should go to the Copyright Agent; send other feedback, support requests, and communications through the contact form. A notice that does not meet every requirement above may not be valid.

If you believe we removed your content because of a false infringement notice, send a written counter-notice to the mailing address above containing your physical or electronic signature; identification of the removed content and where it appeared; a statement that you believe in good faith the removal was a mistake or misidentification; your name, address, telephone number, and email address; a statement that you consent to the jurisdiction of the State of Delaware; and a statement that you will accept service of process from the person who sent the original notice. If we receive a valid counter-notice we may forward it to the original complainant and tell them the content may be restored in ten (10) business days. Unless the copyright owner files a court action against you, the content may be restored in ten (10) to fourteen (14) business days or more after we receive the counter-notice, at our sole discretion.

We may terminate the access of, or refuse the Website to, any user who repeatedly infringes the copyrights or other intellectual-property rights of others. If you believe your other intellectual-property rights (for example, trademarks) have been infringed, email us at info@westlinksolution.com. We may suspend or terminate any user who infringes the rights of Westlink Solution or others and remove or disable the related content, without liability for doing so.

11. Voice Recording and Monitoring Consent

You agree that Westlink Solution may record or monitor voice communications, statements, and conversations during calls you make to us, as permitted by 18 U.S.C. §§ 2511 et seq., Cal. Penal Code § 632 et seq., and other state laws on call monitoring and recording. By calling Westlink Solution you expressly consent to that recording and monitoring and to the use of the recordings for the purposes described in the Privacy Policy. Westlink Solution has no obligation to monitor or record calls for accuracy, completeness, or quality.

12. Health Information

Any health-related information on the Website is provided for general information only. It is not medical advice tailored to you and is not a substitute for care from a physician. Westlink Solution accepts no responsibility for any circumstances arising from the use, misuse, interpretation, or application of information on the Website. Always consult your doctor for examinations, treatment, testing, and care recommendations, and do not use the Website for self-diagnosis.

13. Policy Regarding User Content

Westlink Solution provides the Website for the benefit of its users and works to keep it safe for everyone. By using the Website you agree to the following policies on the removal of user content. We may remove content that we consider, in our sole discretion, inappropriate, harmful, or in violation of the rights of others, including content that:

• threatens or promotes injury to others or to oneself;
• threatens or promotes violence against any person or property;
• threatens or promotes criminal conduct or unlawful activity;
• harasses, bullies, blackmails, or disparages another person;
• contains hate speech;
• contains nudity or graphic depictions of sex or violence;
• harms the Website, Westlink Solution, or the goodwill in any Westlink Solution trademark; or
• violates another person’s rights, including contractual, intellectual-property, publicity, or privacy rights.

We encourage users to report content that may be inappropriate or harmful to our Compliance Department at info@westlinksolution.com, or by mail to TOPDEVELOPER INC, 44240 Fremont Blvd, Fremont, CA, 94538, USA.

14. Products and Services Provided by Third Parties

Westlink Solution connects individuals with insurance, home-service, financial-service, and legal-protection providers. It is not an insurance company, lender, contractor, or law firm, and it does not operate any of those businesses. Products and services are provided exclusively by or through the Providers, not by Westlink Solution.

15. Product and Service Descriptions Not Available in All States

Product and service descriptions on the Website are for information only and may change. Some products and services are not available in every jurisdiction. Anyone interested in a particular product or service should contact the Provider to confirm eligibility and to request the policy or plan documents that fully describe it.

16. Trademarks

The Website refers to various trademarks and service marks which, whether registered or not, belong to their respective owners. The Westlink Solution marks are owned by TOPDEVELOPER INC.

17. Contact

Questions about these Terms can be sent to TOPDEVELOPER INC, operating as Westlink Solution, at info@westlinksolution.com, or by mail to TOPDEVELOPER INC, 44240 Fremont Blvd, Fremont, CA, 94538, USA. For non-legal matters, use the contact form.