LAST UPDATED: January , 2019 

Please read these Terms of Service (the “Agreement”) carefully. This Agreement contains an ARBITRATION CLAUSE AND CLASS ACTION WAIVER (please see Section 16). THE WAIVER AFFECTS HOW DISPUTES WITH THE COMPANY ARE RESOLVED. Your use of the Site constitutes your agreement to be bound by this Agreement and BY THe ARBITRATION PROVISION. PLEASE READ THE ENTIRE AGREEMENT CAREFULLY.

For purposes of this Agreement, “Site” means all the content, services and products available on the websites, applications, emails, widgets or other media through which you accessed this Agreement.  “You” or “your” means the person(s) using this Site or the products or services offered through this Site. “QuinStreet,” “QS,” “us,” or “we” includes (but is not limited to) QuinStreet, Inc., QuinStreet Media, Inc., QuinStreet Insurance Agency, Inc., GuideToLenders, QuinStreet Properties, Inc. and QuinStreet PL, Inc. QuinStreet, Inc., is the party responsible for the management of the jointly used information.

Table of Contents:

  1. Modification of Terms
  2. Your Access and Use of the Site
  3. Requests to be Matched
  4. Rules of Conduct
  5. Links to third party sites
  6. Registration; Usernames and Passwords
  7. Privacy
  8. Your Content in our Services
  9. Proprietary Rights
  10. Consent to Electronic Communications
  11. Promotions
  12. SMS Alerts for Users
  13. Disclaimer of Warranties
  14. Limitation of Liability
  15. Indemnification
  16. Release
  17. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
  18. Claims of Copyright Infringement
  19. Governing Law
  20. Jurisdictional Issues
  21. Complete Agreement

 

  1. Modification of Terms. We reserve the right to modify this Agreement from time to time. Your use of the Site after such a modification will constitute your acceptance of those changes. We may notify you of any such changes by any reasonable means, including by posting the revised version of this Agreement to the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” date above.

 

  1. Your Access to and Use of the Site. Your access to and use of the Site may be interrupted from time to time, including due to technical malfunctions, periodic updating and repairs.  We may, at any time, modify or discontinue all or part of the Site, charge, modify or waive any fees required to use the Site, or offer opportunities to some or all Site users.  We may, in our discretion and without notice, suspend or terminate your access to the Site and to any services offered on the Site, and may remove and delete any content you have provided if we believe that your conduct or content violates or is inconsistent with this Agreement or its intent, that your conduct is disruptive, or that you have violated the law or the rights of any third parties.

 

  1. Requests to be Matched. Some of our Sites provide you access to certain services, such as referrals to products, services, suppliers and service providers that may be of interest to you (the “Site 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 “Site Content”). PLEASE READ THE FOLLOWING CAREFULLY:

 

Services. Certain of our Sites 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 Site acts solely as a paid marketing lead generator.  QS 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 Site, 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.

  1. Financial Services Requests, Generally. Our Sites 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 lenders (collectively, “Financial Services Requests”). Subject to the limited exception 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, QS 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 exception below, QS is not your agent, the agent of any Service Provider, nor a broker, lender, creditor for or issuer of the products featured on these Sites.

 

  1. Exception: Automobile Insurance Policies. If you submit a Financial Services Request for automobile insurance coverage, QS may match you with one or more quotes from our Service Providers. In some cases, QS 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, QS would act as the agent on behalf of these companies offering insurance policies directly to you.

 

  1. 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 Sites, you authorize QS 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 lenders 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.

 

  1. 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, QS has no further involvement in any transactions that occur between you and the Service Provider(s).  QS neither recommends nor endorses any specific products, opinions, or other Site Content that may be made available through or mentioned on the Site.

 

QS 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 Site Content and Site Services solely for your convenience, and such Site Content and Site 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 Site Content or the Site Services.  Site 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 Site Content or Site Services available through the Site.  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 Site.

  1. Rules of Conduct.
    1. You must be at least 18 years old to visit or use the Site in any manner. By visiting the Site 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.
    2. You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site.
    3. 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, QS 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 QS 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.
    4. You must not create accounts with the Site through unauthorized means, including by using an automated device, script, bot, spider, crawler or scraper.
    5. You must not solicit, collect or use the login credentials of other Site users.
    6. You must not use the Site 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 Site.
    7. You must not use the Site 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 Site, including copyright laws.
    8. 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 Site.
    9. You must not interfere or disrupt the Site or servers or networks connected to the Site 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 Site page is rendered or displayed in a user’s browser or device.
    10. You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without QS’s express prior written consent.  Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), QS grants the operators of public search engines permission to use spiders to copy materials from the Site 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.
    11. You must not restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
    12. You must not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
    13. Except as expressly permitted by applicable law, you must not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
    14. You must not remove any copyright, trademark or other proprietary rights’ notices from the Site or materials originating from the Site.
    15. You must not frame or mirror any part of the Site without QS’s express prior written consent.
    16. You must not create a database by systematically downloading and storing all or any Site content.

 

  1. Links to third party sites. QS may provide links to external websites or resources for your convenience and reference only. QS does not endorse and is not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against QS, or its Service Providers arising out of your use of external websites or resources.

 

  1. Registration; Usernames and Passwords. On certain of the Sites, you may be required to register with QS in order to access certain services or areas of the Site.  With respect to any such registration, QS 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 QS 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 Site, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Site, to any third party.  You are fully responsible for all interaction with the Site that occurs in connection with your password or username.  You agree to immediately notify QS of any unauthorized use of your password or username or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session.  QS is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

 

  1. Privacy. Our privacy policies explain how we treat your personal data and protect your privacy when you use our Sites and services. By using our Sites and services, you agree that QS can use such personal data in accordance with our Privacy Policy.

 

  1. Your Content in our Services.  Some of our Sites allow you to upload, submit, store, send or receive content. You retain ownership of any content that you submit through the Site (each, a “Submission”).  Please note, however, that we need certain rights to your Submissions to be able to make them available on the Site.  Accordingly, you hereby grant to QS a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform and otherwise exploit such Submission, in any media now known or hereafter developed.  For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.  Further, to the extent permitted under applicable law, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.  QS requests this waiver to help ensure that QS has all the rights it may need to provide the Site Services available through the Site.  In addition, QS has no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party of information voluntarily made public through any other part of the Site.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK. You acknowledge and agree that QS reserves the right (but have no obligation) to do any or all of the following, at its sole discretion: (i) monitor, evaluate or alter Submissions before or after they appear on the Site (including through the use of automated filtering software); and (ii) refuse, reject or remove any Submission at any time or for any reason (including through the use of automated filtering software or if QS determines, in its sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite your representations above).

 

  1. Proprietary Rights. All of the material included on the Site, including trademarks, text, graphics, logos and service marks, is the property of QS and its licensors. U.S. and international copyright laws protects all Site Content available on the Sites. Your use of the Site Services and the Site Content does not transfer to you any ownership or other rights in the Site Services or the Site Content. You may download Site Content displayed on the Site for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Site Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Site Content for commercial or public purposes. All rights not expressly granted herein are reserved to QS and its licensors.  If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

 

  1. Consent to Electronic Communications. When you visit QS’s Site 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 Site.  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 lenders, please note that these third party lenders are required by law to provide you with certain communications, notices, disclosures, information and other materials (“Communications”).  These third party lenders 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 lenders, 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.

  1. In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement.  Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.  We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities.  To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

 

  1. SMS Alerts for Users. QS mobile alerts are marketing text messages that contain information about QS’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 QS 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 72755 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 72755 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.

 

  1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SITE SERVICES IS AT YOUR OWN RISK. QS PROVIDES THE SITE AND THE SITE SERVICES ON AN “AS IS” BASIS. QS AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. QS AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SITE OR SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO QS OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SITE SERVICES, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER’S INFORMATION REGISTRATION DATA, EXCEPT AS SET FORTH IN THE QS PRIVACY POLICY, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SITE SERVICES. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. QS AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS SELLING THROUGH THE SITE OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QS, AFFILIATES OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

While QS takes commercially reasonable steps to safeguard and to prevent unauthorized access to your information and registration data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL QS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER QS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

 

  1. LIMITATION OF LIABILITY. QS AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF QS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL QS AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY QS OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER QS OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO QS FOR THE USE OF THE SITE WHICH IS THE SUBJECT OF THE CLAIM.

 

  1. You agree to indemnify and hold QS, 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 Site, the violation of this Agreement by you, or the infringement by you, or other user of the Site 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. QS and its Service Providers assume no responsibility whatsoever for such content or actions.

 

  1. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE QS 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 SITE.
  2. Mandatory Agreement to Arbitrate on an Individual Basis. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and QS or QS’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or QS may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND QS ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING .

 

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS ”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.

 

You and QS must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) QS will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, QS will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

 

With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.

  1. 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 Site 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, 6th Floor

Foster City, CA 94404

Email:   copyright@quinstreet.com

Phone:  (650) 578-7700

Fax: (650) 350-1423

We suggest that you consult your legal advisor before submitting a notice or counter-notice.

  1. Governing Law. The Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure of QS to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by QS in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.

 

  1. Jurisdictional Issues. The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement.  The Site may not be appropriate or available for use in some jurisdictions outside of the United States.  In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations, including any export controls, embargoes or other rules and regulations restricting exports.  We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

  1. Complete Agreement. Except as expressly provided in a particular notice or disclaimer posted by or on behalf of QS on this Site, these Terms of Service, including our Privacy Policy, constitute the entire agreement between you and QS with respect to the use of the Site and Site Content.