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Last Updated: July 10, 2024
Click here to view QuinStreet’s GLBA Notice.
QuinStreet, Inc. owns and operates each website that displays this Privacy Notice (each, a “Site”). QuinStreet is a publicly traded company (Nasdaq: QNST; https://www.quinstreet.com) that operates in a variety of industry categories.
Your privacy is important to us. We created this Privacy Notice to explain how we collect, use, and share the information that we collect from and about you.
| Notice at Collection |
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The following serves as our notice at collection (“Notice”) of personal information in accordance with applicable law. We collect personal information as detailed in this Notice and in our Privacy Notice. We may “sell” or “share” personal information as those terms are defined under applicable law, and as indicated for each relevant category of personal information below. All sections in this Notice exclude text messaging originator opt-in data and consent; except as you previously instructed or consented to as described in this Privacy Notice, this information will not be shared with third parties. If you would like to opt out of the sale or sharing of your personal information, you may do so here or reply “STOP” to any SMS message. We keep personal information as long as reasonably necessary or relevant for the practices described in this Privacy Notice. We also keep personal information as otherwise required by law. What this means in practice will vary among different types of information and our ongoing business or legal needs for the information. |
| What categories of personal information do we collect? | |
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| What are the purposes for which we collect and use your personal information? |
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We use the data we collect from and about you through this Site to connect you with Advertising Partners who can provide you with information about the products and services you are seeking. We may also use the data we collect from and about you: (i) to respond to your requests (e.g., via email, phone calls or texts); (ii) to keep you informed of our products and services (and those of our Advertising Partners); (iii) to allow you to send messages through this Site; (iv) to improve and protect our Sites and business; (v) to monitor your user experience for compliance verification and litigation purposes and (vi) use your data in an aggregated, non-specific format for analytic and demographic purposes. In addition, we use your data to monitor this Site’s performance, analyze traffic patterns and usage, and ensure that this Site and any transactions function properly. |
Automatically Collected Information: We collect data that your device provides when you interact with the Site or sites owned by third-parties with whom we have contractual relationships (“Media Partners”). In most cases, when you come to the Site, we will automatically gather or receive technical data which may include browser type, referrer URL, date and time of your visit, IP address, MAC address, device type, screen resolution, and OS version (“Technical Data”). Technical Data also includes “Cookie and Similar Data” described below. We (or our third-party vendors) may use tools and software (e.g., Jornaya and ActiveProspect) to monitor and record information (including screenshots and videos) about your interactions with the Site and Media Partner sites, including keystrokes, mouse movements, form field entries, and overall engagement with the Site and Media Partner sites.
Other Data You Provide: We collect additional data if you choose to engage with the Site or certain sites owned by our Media Partners. We refer to the information you choose to provide as “Provided Attributes.” This includes contact information that you choose to provide to us or our Media Partners (e.g., name, address, email address, telephone number) about yourself or others. For example, if you click on our advertisement located on a Media Partner’s site, that Media Partner may pass your contact information to us. Or, if you inquire about insurance opportunities, products and services, the Provided Attributes you may choose to disclose may also include age, gender, number of vehicles owned and homeowner status. If you inquire about personal loan or related opportunities, products and services, the Provided Attributes you may choose to disclose may also include employment and financial information.
Third Party Data: In some cases, we may combine Technical Data and any Provided Attributes with Third Party Data. “Third Party Data” includes information that we receive from third parties such as credit reporting agencies and Partners (defined below). Third Party Data may also include information we use to confirm or supplement validate the data you provide (e.g., phone number, Vehicle Identification Number, outstanding loan amount). Finally, our Advertising Partners may also provide us with information about your interaction with their advertised products and services (e.g., whether you purchase their products or services). We may combine Technical Data, Provided Attributes and Third Party Data. Please note, we will only obtain credit reporting information with your consent.
Cookie and Similar Data: When you use this Site, we may use a “cookie” or other tracking technology to recognize you or your device. These technologies act as unique identifiers and allow us to tailor this Site to your specified interests and track your activity on this Site and across devices that you use. We may use this information to deliver offers and advertisements that we believe are relevant to your interests.
We have contractual relationships with advertisers, advertising agencies and other intermediaries that have advertisers as clients (collectively, “Advertising Partners”). For example, our lending partner clients are Advertising Partners. Our Media Partners and Advertising Partners (collectively, “Partners”) may also utilize third-party cookies and other tracking technologies like clear pixel GIFs (i.e., web beacons) to identify you. We and our Partners may use these technologies to measure responses to emails, interactions with advertisements, page views on this Site and our Partners’ websites and other similar metrics. Among other things, we use these technologies to enhance this Site, to make this Site more relevant to you, and to measure the effectiveness of our email and other advertising campaigns and those of our Partners. You can opt out of some of our and our Partners’ use of cookies and other technologies at: Google, the Network Advertising Initiative, Invite Media, and Clicktale.
Certain Sites require cookies to function efficiently. We may use cookies to deliver advertising we believe is relevant to you and to link data collected across other devices you use.
We use the data we collect from and about you through this Site primarily to connect you with Advertising Partners who can provide you with information about the products and services you are seeking. We generally do this using Technical Data and Provided Attributes, but in certain cases (e.g., lending products) we may also use Third Party Data.
For example, we may have an auto insurance Partner who is only licensed in certain states. We may use Technical Data or Provided Attributes to determine if you are a resident of one of those states. We refer to Advertising Partner requirements generally as “segmentation” and the alignment of consumer data and our Advertising Partner segments as “matching.”
We may also use the data we collect from and about you: (i) to respond to your requests (e.g., via email, phone calls or texts); (ii) to keep you informed of our products and services (and those of our Partners); (iii) to allow you to send messages through this Site; (iv) to improve and protect our Sites and business; (v) to fulfill any purchase you make; (vi) to monitor your user experience for compliance verification and litigation purposes and (vii) use your data in an aggregated, non-specific format for analytic and demographic purposes. We use Technical Data to monitor this Site’s performance, analyze traffic patterns and usage, ensure that this Site and any transactions function properly, and gather demographic information about our user base as a whole. We may use automated decision-making in segmentation and matching.
In addition to the primary uses described in the “Data Use” section above (i.e., sharing your data with Advertising Partners and third parties for the purpose of providing you with information about the products and services you are seeking), we may share your data as follows: (i) with other QuinStreet businesses; (ii) with service providers who assist us in compliance and verification activities (e.g., credit agencies), or provide services such as payment processing, IT, and data analysis; (iii) if you choose to send a message through, or to contribute to public areas of, this Site (e.g., message boards, blogs); and (iv) with a third party in the event of a sale or transfer of all or part of our business.
We may also disclose the data we collect from and about you to (i) comply with legal processes; (ii) to respond to lawful requests from authorities (including public and government authorities outside your state or country of residence, and including to meet national security or law enforcement requirements); (iii) to enforce our Terms of Service and this Privacy Notice; (iv) to protect our business, rights, privacy, safety, or property or that of others; and (v) as necessary under applicable law (including laws outside your state or country of residence).
This Site may contain links to websites that we do not own or operate. We are not responsible for the content or practices of such websites, including their practices with respect to your data. We have no responsibility or liability for such practices, and the website owner’s privacy policy governs your use of those websites. If this Site includes any mapping features, those mapping features are powered by Google, Inc. and governed by Google’s privacy policy, as amended from time to time.
If you engage in any interaction with QuinStreet or any third party on any social media pages, you should be aware that: (a) the personal information that you submit by and through such social media pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable social media websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where QuinStreet responds to any interaction on such social media pages, your account name/handle may be viewable by any and all members of QuinStreet’s social media presence.
We are not responsible for the personal information that you choose to submit on any social media websites. The social media websites operate independently from QuinStreet, and we are not responsible for such social media websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the social media websites with which you interact to help you understand those social media websites’ privacy practices. If you have questions about the security and privacy settings of any social media websites that you use, please refer to their applicable privacy notices or policies.
We have taken certain physical, technical, and administrative steps to protect the data we collect from and about Site users. We use certain reasonable security measures to help protect your personal information from accidental loss, unauthorized use, alteration, or disclosure. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. We are not responsible if you circumvent any privacy settings or security measures on our Websites. You use the Site and provide us with your data at your own risk. If we share data as detailed in this Privacy Notice with a third party we will use all reasonable efforts to ensure that they keep the information secure and that they only use the information consistent with the terms of this Privacy Notice.
We do not knowingly collect, use, share, or sell the personal information of individuals under the age of 16 and this Site is not directed to individuals under 16. If you become aware that an individual under 16 has provided us with personal information, please click here to contact us. If we are made aware that we have collected personal information from an individual under age 16, we will delete this information as soon as practicable.
Marketing Emails: To stop receiving marketing emails from us, please click here and follow the instructions to unsubscribe. Even if you unsubscribe, we may still send administrative (i.e., non-marketing) messages. To unsubscribe from a third party’s communications, contact that third party directly or follow the instructions to unsubscribe in the applicable marketing email.
Phone Calls and Texts: To opt out of receiving telephone calls or texts from us, please click here and follow the instructions to be placed on our Do Not Call list or reply STOP to any text message.
Please note that we will not be able to remove your data from third parties’ databases, and you will need to contact them directly and/or use any available opt-out mechanisms.
We keep Personal Information as long as reasonably necessary or relevant for the practices described in this Privacy Notice. We also keep Personal Information as otherwise required by law. What this means in practice will vary among different types of information and our ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.
When we use the term “personal information” (also known as personal data) in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual or household. It does not include aggregated, anonymized, or de-identified information (subject to applicable laws, rules, or regulations) that is maintained in a form that is not capable of being associated with or reasonably linked to an individual.
In addition to the disclosures elsewhere in this Privacy Notice, this section describes (i) the categories and sources of personal information that QuinStreet collected, sold or shared; (ii) the purpose for collection and disclosure of such personal information; and (iii) the types of third parties to whom QuinStreet disclosed such personal information.
Categories of Data QuinStreet Collected in the Preceding 12 Months. QuinStreet collected the personal information listed in the Notice at Collection (above), for the purposes described above under “Data Use.” QuinStreet generally collects the personal information listed in the Notice at Collection (above) as Technical Data or Provided Attributes. For example, QuinStreet does not create user profiles to determine the gender, marital status or employment status of consumers. QuinStreet may store aggregated data as segments based upon Technical Data and Provided Attributes. QuinStreet receives each of those categories of data only as self-reported data from the consumer.
Sources of Data QuinStreet Collects.
QuinStreet: QuinStreet collects Technical Data and Provided Attributes from consumers who visit or engage with our Sites, our call centers or other QuinStreet owned-properties (e.g., in response to emails from or on behalf of QuinStreet).
Partners and Third Parties: Consumers who visit websites our Media Partners own may be redirected to our Sites. In some cases, we may gather data directly from Media Partner websites, or Media Partners or other third parties may post data to our Sites or otherwise transfer data to us. This may occur via display ads, click listings, inquiry forms or telephonic transfers from Media Partner call centers. Our Advertising Partners may also provide us with data.
Service Providers: QuinStreet engages service providers to perform a variety of functions (e.g., verifying consumer consent, validating email addresses or phone numbers).
Authorization: We require all parties from whom we receive personal information, whether they are Partners, service providers or other third parties, to represent and warrant to us that they have appropriately obtained the personal information provided to us and have the authority to share the personal information with us.
Categories of Third Parties with Whom QuinStreet Has Disclosed Personal Information for a Business Purpose in the Preceding 12 Months. We may disclose the personal information described in the Notice at Collection (above) with other QuinStreet businesses, service providers, and Third-Party websites for business purposes described above under “Data Use” and “Data Sharing”.
QuinStreet may also disclose or sell the personal information in the Notice at Collection (above) to other QuinStreet businesses or with a third party in the event of a sale or transfer of all or part of our business.
Categories of Personal Information Sold or Shared in the Preceding 12 months, including for the purposes of targeted advertising. We sold and shared the following categories of personal information to Advertising Partners and data aggregators for the commercial purposes described in this Privacy Notice, including for targeted advertising: identifiers, credit information, characteristics of protected classifications under California or federal law, internet or other electronic network activity information, geolocation data, education information, and inferences drawn from the above. We may receive a fee for the transfer of that data or when the consumer purchases a product or service. QuinStreet does not knowingly collect, share, or sell personal information from individuals under the age of 16.
Your Privacy Rights. Depending on your U.S. state or residence, under applicable law, you may have certain rights in relation to your personal information, including:
Use and Disclosure of Sensitive Personal Information. To the extent that we use or disclose “sensitive personal information” or “sensitive data” as those terms are defined in applicable privacy laws, we limit our use or disclosure of the sensitive personal information for permitted business purposes.
How to Submit a Request.
To take advantage of the privacy rights available to you based on your state of residence, please contact us by phone at (844)-872-7854 or use the links below.
To exercise your Right to Know, Delete, Correct, or Opt-Out under the laws of California, Texas, Oregon, Connecticut, Virginia, Colorado, and Utah, please follow the links below:
QuinStreet will confirm receipt of your request within 10 business days and respond within 45 calendar days of your submission (or such additional time as the law allows). Because of the nature of our Sites, QuinStreet may not be able to verify your identity prior to responding to your Request to Know, Correct, or Delete. Consumers who interact with our Sites are not required to set up an account, to register, or to validate their personal information and QuinStreet does not maintain an ongoing relationship with consumers who provide their personal information. Because of these factors, QuinStreet is not able to reasonably verify the identity of any consumer based on the information provided through our Sites and through a submitted request. Therefore, it may be difficult for QuinStreet to honor Requests to Know, Correct, or Delete. Instead, QuinStreet may provide in response to such requests a description of QuinStreet’s business practices regarding its handling of personal information, including a description of the categories of personal information collected, maintained, sold, and shared.
To take advantage of your right to opt out of the sale or sharing of personal information or to opt out of targeted advertising, please click here, which is also on our website footer (“Do Not Sell or Share My Personal Information”) or call us at (844)-872-7854.
Submitting an opt-out request does not require you to create an account with us.
To appeal QuinStreet’s decision regarding a request related to these rights, you may email QuinStreet at [email protected].
Nevada residents may use the email address above to submit a verified request to direct us to stop the sale of your covered information.
We will not discriminate against you because you exercised your rights under this section of the Privacy Notice.
Agent Requests.
Only you, or someone legally authorized to act on your behalf, may submit a request related to your personal Information. You may also submit a request on behalf of your minor child.
Depending on your U.S. state of residence, you may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf. QuinStreet retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity.
| Requests Received | Requests Completed | % Completed | Average Days to Respond | |
|---|---|---|---|---|
| Access to PI | 65 | 65 | 100% | 6 Days |
| Delete PI | 135 | 135 | 100% | 4 Days |
| Correct PI | 3 | 3 | 100% | 1 Day |
| Opt-out of Sale or Sharing of PI | 2675 | 2675 | 100% | 1 Day |
| Total | 2878 | 2878 | 100% |
If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of personal information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Notice.
We may amend this Privacy Notice from time to time. When we do, we will post an updated version of the Privacy Notice and revise the “LAST UPDATED” date at the top. We will provide appropriate notice to you if we change the Privacy Notice in any material way. Using this Site after we make any changes means you accept those changes and the revised Privacy Notice.
For purposes of this Privacy Notice, “you” or “your” means the person(s) using this Site or the products or services offered through this Site. “QuinStreet,” “us,” or “we” includes (but is not limited to) QuinStreet, Inc., QuinStreet Insurance Agency, Inc., QuinStreet Properties, Inc. and QuinStreet PL, Inc. QuinStreet, Inc. is the party responsible for this Privacy Notice and compliance with it.
You have the right to submit feedback about this Privacy Notice, or the practices described in it, to the applicable supervisory authority in your jurisdiction of residence.
If you have any questions about this Privacy Notice you may: (1) submit an inquiry at the Contact Us page, here, and select “Other Consumer Issues,” (2) email at [email protected], or (3) mail at:
Privacy Notice Questions
c/o QuinStreet, Inc. [Legal Department]
950 Tower Lane, Suite 1200
Foster City, CA 94404
Last Updated: October 8, 2024
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.
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.
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.
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.
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.
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.
Rules of Conduct.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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, 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, 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.
Pre-Arbitration Informal Dispute Resolution.
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.
Arbitration Rules; Procedures; Fees.
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.
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.
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.
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.
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.
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.
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 16.6). 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].
Contact Information:
QuinStreet, Inc.
950 Tower Lane, Suite 1200
Foster City, CA 94404