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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
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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
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