1) Visitor Compliance; Definition of User and Site. INSUREtrust requires that all visitors to the INSUREtrust site follow certain rules and regulations. In this Agreement, all visitors are referred to as “you”, “your”, “visitor” or “user”. The INSUREtrust site is referred to as the “site” or as the “INSUREtrust site”. When you access the site, the act of accessing the site serves as your agreement to be bound by those rules and regulations, as set out herein.
2) Applicable Laws. Your use of this site is subject to any and all federal, state or local laws, rules or regulations which may apply to your use of the site. You agree to comply with all such federal, state or local laws.
3) Trademarks, Service Marks and Copyrights. The INSUREtrust website may contain service marks, trade marks, logos and other symbols which are the property of INSUREtrust or others. The content of the INSUREtrust site is protected by copyright law.
A.) You agree to abide by any and all copyright notices, restrictions and the like in any content of the site. You, as a user, agree not to use any protected marks or logos without the prior written authorization of the owner of such marks.
B.) You are prohibited from and you agree to refrain from:
a.) Making any modifications in any information at the site,
b.) Copying information from the site (whether for your own use or distribution) other than as reasonably required to purchase insurance (or help one or more of your clients purchase insurance) from INSUREtrust.
c.) Displaying information from the site on another web site,
d.) Selling, licensing, publishing or creating any kind of derivative work making use of content of, or information from this site for commercial or public purposes.
e.) Creating any derivative works from material at the site, reverse engineering, decompiling, disassembling or in any other way commercially exploiting the information or structure of the site.
4) WARRANTY DISCLAIMER. ALL INFORMATION ON THE SITE, AND YOUR USE OF THE SITE ITSELF, IS PROVIDED TO YOU “AS IS”, AND NO WARRANTY OF ANY KIND AT ALL (EITHER EXPRESS OR IMPLIED) IS MADE TO YOU AS TO THE ADEQUACY OF THE INFORMATION. MOREOVER, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTIBILITY ARE FULLY AND EXPRESSLY DISCLAIMED. THERE IS NO EXPRESS OR IMPLIED WARRANTY THAT THE SITE WILL BE OPERATIONAL AT A PARTICULAR TIME, FOR A PARTICULAR DURATION, OR THAT SERVICE WILL BE UNINTERRUPTED, AND ALL SUCH WARRANTIES ARE HEREBY FULLY AND EXPRESSLY DISCLAIMED.
5) Disclaimer of Reliance. INSUREtrust has made no independent investigation into the validity, accuracy, reliability or timeliness of any statement, opinion, representation, advice or other information present on this website, and INSUREtrust expressly disclaims any liability for any user’s use of such information from the site. Rob-can we add something along the lines.
6) Responsibility of the User. All users agree to assume full responsibility for the evaluation of any site, content, policy or application form, opinion, information, advice, representation, report or statement. Nothing on this site will serve as a substitute for appropriate professional consultation as to legal, insurance, accounting, or other medical, or other professional opinions.
7) Limitation of Liability. By using this site, you agree to limit the liability of INSUREtrust for all damages (direct, indirect, consequential, special, punitive, economic, emotional harm, and all other classes and types of damages) whatsoever arising out of or in any way related to your access to or use of this site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you. IN NO EVENT SHALL INSURETRUST, ITS SUBSIDIARIES, SUB-SUBSIDIARIES, AFFILIATES OR PARENTS, OR THE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS OR CONTRACTORS OR SUB-CONTRACTORS OR SUB-SUB-CONTRACTORS OF INSURETRUST BE LIABLE TO YOU FOR ANY TORT OR CONTRACT DAMAGES OR ANY CAUSE OF ACTION WHATSOEVER, INCLUDING (BUT NOT LIMITED TO) NEGLIGENCE IN EXCESS OF A TOTAL MAXIMUM AGGREGATE OF $1,000.00 (One Thousand Dollars) U.S. or lesser amount specified in a separate agreement.
8) No Virus Liability. INSUREtrust is not liable for any virus which might infect your computer because of your use of this site. You agree to assume responsibility for protecting your computer equipment from viruses.
9) Confidentiality. INSUREtrust will use its reasonable efforts to maintain confidentiality of all communications from you which contain personal information, which you transmit directly to INSUREtrust. Anything you post in any chat room or any similar environment is not protected, and is subject to the provisions of Paragraph 18 below. Moreover, you affirmatively represent that any such postings are not confidential. You expressly agree that no contractual relationship of confidentiality or of a fiduciary nature express or implied is created by your use of the site to post information.
10) Linked Internet Sites. INSUREtrust is not responsible for the content of any other sites linked to the INSUREtrust site. Access to such sites is your own choice and you assume all risks in connection therewith. No endorsement of any linked site is made or implied by links from the INSUREtrust site to any other non-INSUREtrust site.
11) Rules for Postings. INSUREtrust has no obligation to review messages or content posted on the site by users. Rules for posting are as follows:
A.) INSUREtrust expressly disclaims any responsibility or liability relating to same.
B.) You agree not to post, upload or transmit to or otherwise distribute or publish through the site any materials which:
(i) Restrict or inhibit any other user from using the site; or which are
(ii) Unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; or
(iii) Which constitute or encourage conduct which is a criminal offense, or
(iv) Give rise to civil liability or
(v) Otherwise violate federal, state, local or international law.
C.) INSUREtrust is free to examine all postings on the site and may remove any postings it deems to be in violation of the foregoing provisions in 11(B.) above or otherwise chooses to remove.
D.) No non-INSUREtrust advertisements or solicitations will be allowed without INSUREtrust’s consent. Messages which appear to be cases of users impersonating other individuals may be removed.
E.) Personal information (including but not limited to: phone numbers, social security numbers, account numbers, addresses, etc.) may be removed.
F.) Chain letters are prohibited.
12) Changes. INSUREtrust may, at any time, revise in any way these rules by posting changes to these rules. Such changes will be effective when posted.
13) Violations. INSUREtrust reserves the right to undertake all remedies available for violations of these rules and regulations, including the right to prohibit access from specific internet addresses to the site.
14) Hacking. Any individuals who undertake to access areas protected by passwords in this site may be subject to prosecution.
15) Changes or Discontinuation. INSUREtrust may change, suspend, modify or discontinue any aspect of this site at any time in its sole and exclusive discretion, without notice and without incurring any liability whatsoever.
16) User Warranty. You warrant that you are at least 18 years of age when you access this site.
17) User Indemnity. You agree to indemnify, defend and hold INSUREtrust and all its officers, directors, owners, agents, employees, information providers, affiliates, licensers and licensees harmless from and against any and all liability and costs incurred by the foregoing in connection with any claim arising out of any breach by you of this agreement or the representations of this agreement, including, without limitation, attorneys fees and costs.
18) Grant of License by User to INSUREtrust/Waiver of Rights by User. When users post files or otherwise send information or communicate to the site, the user immediately and expressly and irrevocably grants to INSUREtrust a royalty-free, perpetual, non-exclusive right to use, adapt, modify, edit or otherwise exploit any such communication without further permission from the user. This grant explicitly gives to INSUREtrust (without any limitation) any and all copyrights in such communication, including all patent and copyright and intellectual property rights under the laws of the applicable jurisdiction(s). In connection therewith, the user also immediately waives any and all claims for any alleged or actual infringement, any proprietary rights violations, rights of privacy and/or publicity, moral rights or rights or attribution as to INSUREtrust and INSUREtrust’ authorized users of any such communication (be it edited, a derivative work, or some version of the communication or information).
19) User Cooperation. You shall cooperate as reasonably required in the defense of any claim in connection herewith.
20) Right to Conduct Defense. INSUREtrust reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
21) No Settlement Without INSUREtrust Consent. You shall not in any event settle any matter without the written consent of INSUREtrust.
22) Governing Law. User agrees that the rights of user and INSUREtrust shall be governed by the Laws of the State of Georgia, without regard to any conflicts of law, rules or provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate State or Federal Court located in the State of Georgia.
23) Entire Agreement. This agreement constitutes the entire agreement between user and INSUREtrust concerning use of the site.
24) Statute of Limitation. You agree that any cause of action you may have against INSUREtrust must be commenced within one year after the claim arises.
25) INSUREtrust If any court holds any portion of this Agreement to be unenforceable, then the remainder of this Agreement shall survive.
END OF AGREEMENT