TERMS OF USE
1. Acceptance of Terms of Use and
Amendments.
Each time you use or cause access to this
web site, you agree to be bound by these Terms of Use, and as
amended from time to time with or without notice to you. In
addition, if you are using a particular service on or through this
web site, you will be subject to any rules or guidelines applicable
to those services and they shall be incorporated by reference into
these Terms of Use. Please see our Privacy Policy, which is
incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you
on and through our web site on an "AS IS" basis. You agree that the
owners of this web site exclusively reserve the right and may, at
any time and without notice and any liability to you, modify or
discontinue this web site and its services or delete the data you
provide, whether temporarily or permanently. We shall have no
responsibility or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
***NO COVERAGE CAN BE BOUND OR CHANGES MADE TO YOUR POLICY, NEW OR
EXISTING, WITHOUT RECEIVING A WRITTEN BINDER FROM OUR OFFICE.
SUBMISSION OF FORMS FROM THIS SITE DO NOT CONSTITUTE A BINDING
COVERAGE AGREEMENT***
3. Your Responsibilities and Registration
Obligations.
In order to use this web site, you must
register on our site, agree to provide truthful information when
requested, and be at least the age of thirteen (13) or older. When
registering, you explicitly agree to our Terms of Use and as may be
modified by us from time to time and available here.
4. Privacy Policy.
Registration data and other personally
identifiable information that we may collect is subject to the terms
of our Privacy Policy.
5. Your Conduct.
You agree that all information or data of
any kind, whether text, software, code, music or sound, photographs
or graphics, video or other materials ("Content"), publicly or
privately provided, shall be the sole responsibility of the person
providing the Content or the person whose user account is used. You
agree that our web site may expose you to Content that may be
objectionable or offensive. We shall not be responsible to you in
any way for the Content that appears on this web site nor for any
error or omission. You explicitly agree, in using this web site or
any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking,
tortuous, defamatory, libelous, vulgar, obscene, offensive,
objectionable, pornographic, designed to or does interfere or
interrupt this web site or any service provided, infected with a
virus or other destructive or deleterious programming routine, give
rise to civil or criminal liability, or which may violate an
applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or
entity, or forge or otherwise seek to conceal or misrepresent the
origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any
commercial manner or in any manner that would involve junk mail,
spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal
liability or which may constitute or be considered a violation of
any local, national or international law, including but not limited
to laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt,
publish, distribute, perform, promote, archive, translate, and to
create derivative works and compilations, in whole or in part. Such
license will apply with respect to any form, media, technology known
or later developed;
(b) you warrant and represent that you have all legal, moral, and
other rights that may be necessary to grant us with the license set
forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or to
remove or block access to any Content you provide at any time and
for any reason, with or without notice.
8. Third Party Services.
Goods and services of third parties may be
advertised and/or made available on or through this web site.
Representations made regarding products and services provided by
third parties are governed by the policies and representations made
by these third parties. We shall not be liable for or responsible in
any manner for any of your dealings or interaction with third
parties.
9. Indemnification.
You agree to indemnify and hold us
harmless, our subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors, advertisers,
partners, and co-branders from any claim or demand, including
reasonable attorney's fees, that may be made by any third party,
that is due to or arising out of your conduct or connection with
this web site or service, your provision of Content, your violation
of this Terms of Use or any other violation of the rights of another
person or party.
10. Disclaimer of warranties.
Your understand and agree that your use of
this web site and any services or content provided (the "service")
is made available and provided to you at your own risk. It is
provided to you "as is" and we expressly disclaim all warranties of
any kind, implied or express, including but not limited to the
warranties of merchantability, fitness for a particular purpose, and
non-infringement.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY
PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,
TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE
THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY
OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and
the above disclaimer may not apply to you only as it relates to implied
warranties.
11. Limitation of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE
INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE
GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON
THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE
SERVICE. In some jurisdictions, it is not permitted to limit
liability and therefore such limitations may not apply to you.
12. Reservation
of Rights.
We reserve all of our rights, including
but not limited to any and all copyrights, trademarks, patents,
trade secrets, and any other proprietary right that we may have in
our web site, its content, and the goods and services that may be
provided. The use of our rights and property requires our prior
written consent. We are not providing you with any implied or
express licenses or rights by making services available to you and
you will have no rights to make any commercial uses of our web site
or service without our prior written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been
used in any way that would be considered copyright infringement or a
violation of your intellectual property rights, our copyright agent
may be contacted at the following address:
Woodland Insurance Services
Attention: Copyright
201 Main Street E
PO Box 273
Remer, MN 56672
Phone: (218) 566-1421
Toll Free: (866) 537-6992
14. Applicable Law.
You agree that this Terms of Use and any
dispute arising out of your use of this web site or our products or
services shall be governed by and construed in accordance with local
laws where the headquarters of the owner of this web site is
located, without regard to its conflict of law provisions. By
registering or using this web site and service you consent and
submit to the exclusive jurisdiction and venue of the county or city
where the headquarters of the owner of this web site is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use
conflicts with any law under which any provision may be held invalid
by a court with jurisdiction over the parties, such provision will
be interpreted to reflect the original intentions of the parties in
accordance with applicable law, and the remainder of this Terms of
Use will remain valid and intact; (ii) The failure of either party
to assert any right under this Terms of Use shall not be considered
a waiver of any that party's right and that right will remain in
full force and effect; (iii) You agree that without regard to any
statue or contrary law that any claim or cause arising out of this
web site or its services must be filed within one (1) year after
such claim or cause arose or the claim shall be forever barred; (iv)
We may assign our rights and obligations under this Terms of Use and
we shall be relieved of any further obligation.
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