LAST UPDATED: November, 2012
This Agreement sets forth the terms and conditions governing your access and use of the Website(s) and your access to and use of the webpage, sub-pages, URLs, links, trademarks, trade names, trade dress, slogans, logos, copyrights, information and any other content, software, communications systems, databases and services related to or offered by the Company offered on, through or in connection with the Website(s).
The Company may modify this Agreement at any time without individual, specific notice to you, and such modifications shall be effective immediately on posting the modified agreement on the Website(s). You agree to review the Agreement periodically to be aware of such modifications and your continued viewing, access, browsing or use of the Website(s) shall be deemed your conclusive acceptance of the modified agreement, including any and all modifications, additions, deletions, or other changes.
1. AVAILABILITY AND USE OF MATERIALS ON THE WEBSITE(S)
Materials available on the Website(s) which offer descriptions or information on the products the Company offers (“Materials”) are intended as general information and may not contain complete descriptions of all applicable terms, exclusions and conditions. Product availability varies by state. You must use the latest version or newest release of Materials in accordance with the procedures established by the Company.
2. COPYRIGHT AND PROPRIETARY RIGHTS
All service marks, trade marks and logos on the Website(s) (“Marks”) are owned by the Company unless otherwise indicated. All Marks and Materials are the Company’s property, unless otherwise indicated. All webpages, sub-pages, URLs, links, software, communications systems, databases and any other content related to the Website(s) (“Content”) are protected by intellectual property law including United States copyright laws. Removal or reproduction, by any means, of any Marks or Content or the name of the Company is expressly prohibited without the prior written consent of the Company.
You do not own rights to any article, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, videos, webinar, recording or other materials viewed or listened to through or from the Website(s) or via email. The posting of data on the Website(s) does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of the Website(s).
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the Content or Marks, including text, graphics, code and/or software. You must retain all copyright and other proprietary notices contained in the original Content or Marks on any copy you make of the Content or Marks. You may not sell or modify the Content or Marks or reproduce, display, publicly perform, distribute, or otherwise use the Content or Marks in any way for any public or commercial purpose. If you violate any of the terms or conditions of this Agreement, your permission to use the Marks, Content or the Website(s) automatically terminates and you must immediately destroy any copies you have made of the Content or the Marks.
You are granted a non-exclusive, non-transferable, revocable, temporary license to use the Website(s) for private, personal, non-commercial reasons. You may print and download portions of Content from the different areas of the Website(s) solely for you own non-commercial use, provided that you agree not to change the Content from its original form unless a notice on the Website(s) prohibits printing and downloading such Content.
You grant to the Company a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to any public areas of the Website(s). You agree that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications on or through the Website(s).
3. CONSENT TO CONTACT
You hereby understand and agree that by using the Website(s), you automatically, without any further action, have established a business relationship between yourself and the Company. As a result you agree to allow the Company to contact you about its business via telephone, mail and/or standard mail using the contact information you provide. You hereby consent to such contact even if your phone number is included on any “Do Not Call” list.
Clicking on certain links contained on the Website(s) may take you to other sites. These sites are not maintained by the Company, and therefore the Company disclaims any liability for the content of such sites.
4. USE OF WEBSITE(S)
You agree to use the Website(s), Marks and Content only for legal and permitted purposes, and you agree that you will not upload, transfer, post, or email any illegal, offensive, pornographic, obscene, defamatory, libelous, slanderous, confidential, private, or distasteful material on to the Website(s). You further agree not to stalk or harass other users of the Website(s). You understand that the Company does not monitor all of the Website(s)’s users or all the content that users provide to the Website(s) or to other users, but the Company reserves the right to delete, modify, or erase material in its sole discretion.
Your use of the Website(s) is for your own personal, non-commercial benefit. In no way are you to leverage the Website(s) in a way that mines for the personal information of others, for your own use or for the benefit of others.
Any conduct by you that the Company believes restricts or inhibits any other user from using or enjoying the Website(s), is harmful or disruptive to the Company’s system, is disruptive towards the Company or its affiliates or which could breach any agreement between the Company and any third party is prohibited. You are prohibited from posting any item on the Website(s) and transmitting through the Website(s) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Therefore, without limitation, the Company may terminate your access, or suspend any third party's access to all or part of the Website(s), without notice, for any conduct that it believes is harmful to the Company, its affiliates, suppliers, vendors or any other third party, interferes with or is harmful to our relationships with third parties, is in violation of any applicable law, or is harmful to the interests of another user or any third party.
You may use the Website(s) for purposes expressly permitted by the Website(s). As a condition of your use of the Website(s), you warrant to the Company that you will not use the Website(s) for any purpose that is unlawful or prohibited by this Agreement. For example, you may not (and may not authorize any party to) (i) co-brand the Website(s), or (ii) frame the Website(s), or (iii) hyper-link to the Website(s), without the express prior written permission of the Company.
For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within the Website(s). You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use, the Website(s) in any manner which could disable, overburden, damage, or impair the Website(s) or interfere with any other party’s use and enjoyment of the Website(s). You may not obtain, or attempt to obtain, any Content, or information through any means not intentionally made available or provided for through the Website(s).
The Website(s), Marks and Content including without limitation all artwork, the trademarks, service marks, logos, other text, graphics, logos, button icons, images and software, is the Company’s property or our content suppliers’ or licensors’ property and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Website(s) is the Company’s exclusive property and protected by U.S. and international copyright laws. All software used on the Website(s) is the Company’s or its software suppliers’ or licensors’ property and protected by U.S. and international copyright laws and other intellectual property protections. Any reproduction, modification, distribution, transmission, republication, display, removal or deletion of the Marks or the Content on the Website(s) by you, in whole or in part, is strictly prohibited. Nothing contained in this Agreement will be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Company or any third party. Except as expressly permitted by this Agreement or permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way the Marks or the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any of the Company’s or other third parties’ intellectual property available on or through the Website(s) may not be used in connection with any product or service that is different than the product or service with which it is connected to on the Website(s) or in any manner that is likely to cause confusion among customers, disparages or discredits the Company or a third party or diminishes the value of the Company’s or a third party's intellectual property.
Without limiting, but subject to the foregoing:
a) You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the Content, data, information or Marks found on the Website(s);
b) You will not use the Content or the Marks on any site which you operate, authorize or control without our express written permission;
c) You may not use the Services or other Materials in any search engine descriptions, content, meta-tags, “white lettering”, key words, or other means of directing or influencing web traffic to any site or e-mail operated, controlled or authorized by you without the Company’s express written permission and your doing so constitutes a violation of the Company’s rights under U.S. Federal law, U.S. States’ laws, and other international laws and a breach of this Agreement;
d) You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the Marks. You will not submit information to be maintained or displayed by search engines which incorporates the Marks or any trademarks, trade names, service marks that are confusingly similar to the Marks. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the Marks or the Content. All rights not expressly granted under this Agreement are expressly reserved to the Company.
6. PRIVACY; IP ADDRESSES AND COOKIES
Our Use of Personal and Non-Personal Information
We collect two kinds of information about our Website(s) users: personal and non-personal information. Personal information is information that can identify an individual personally, such as name, address or policy information. We collect personal information only when it is voluntarily offered and solely for purposes that are clearly identified on the Website(s). For example, if you choose to register with USAssure.com, the information that is collected online is used only to facilitate your requests, process any transactions you might initiate, or update your account information. Non-personal information is collected to track the total number of guests visiting USAssure.com and to guide our efforts to improve the Website(s).
We may personalize your user experience by using information about your interests to recommend other services or sites that might be of interest to you; we may also monitor user traffic patterns and site usage to help provide enhancements to its services; we may use the information it collects to notify you about new services or special offers. Further, by providing information or materials to this Website(s), you grant to the Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request, except as may otherwise be restricted by this Agreement. Without limiting the generality of the previous sentence, we reserve the right, in connection with (i) a request or investigation by any governmental body or governmental agency, or (ii) our efforts to investigate, prevent or take other action regarding illegal activities, suspected fraud, potential threats to public safety, material violations of this Agreement, and pursuant to law, to reveal any information collected through this Website(s) regarding users of our services.
The Company uses your Website(s) address or e-mail address (collectively, an “IP address”) and telephone number to help diagnose problems with the Company’s servers and to administer the Website(s) for security purposes. Your IP address is used to help identify you accurately and to gather general demographic and business information.
7. LINKS TO OTHER SITES
The Website(s) contains links to third party sites. The Company makes no representations whatsoever about any other site which you may access through the Website(s) or which may link to the Website(s). When you access a site from the Website(s), you understand, acknowledge and agree that it is independent from the Website(s), and that the Company has no control over the content on that site. The links are provided as a convenience to you and not as an endorsement by the Company of the contents on such site. The Company makes no representations regarding the content or accuracy of material on any third party site. If you decide to access linked third-party sites, you do so at your own risk.
8. RESTRICTED ACCESS
Access to certain areas of the Website(s) is restricted. The Company reserves the right to restrict access to other areas of the Website(s) or the whole Website(s) at its discretion.
If the Company provides you with a user ID and password to enable you to access restricted areas of the Website(s) or other content or services, you must ensure that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID and/or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of the Website(s) or any other contractual obligation you owe us.
To access the Website(s) or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website(s) that all the information you provide on the Website(s) will be correct, current, and complete. If the Company believes the information you provide is not correct, current, or complete, the Company has the right to refuse you access to the Website(s) or any of its resources, and to terminate or suspend your access at any time.
You understand that our Website(s) cannot and does not guarantee or warrant that files available for downloading through the Website(s) will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Website(s) for the reconstruction of any lost data.
You agree to indemnify and hold harmless the Company and its employees, officers, and agents from any and all damages, costs, expenses, liabilities, and fees incurred by any or all of them in connection with any material or content you upload or transmit to, over, or through the Website(s), its chat rooms, message boards, email facilities, or any other use of the Website(s) by you or your violation of any law or the rights of others.
11. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE WEBSITE(S) AND THE SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WHEN AVAILABLE.” THE COMPANY, ITS AGENTS, AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, ACTUAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR DATA, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY OR OUR AFFILIATES FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE(S) OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITE(S) OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE WEBSITE(S).
This provision limits liability to a specific dollar amount, in this case $250, for any incidental or other damages incurred from use of the Website(s).
12. TERM; TERMINATION
The Company reserves the right to investigate complaints or report violations of this Agreement and to take any action the Company deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement may be terminated, in whole or in part, by the Company without notice at any time and for any reason. The provisions of Paragraphs 2, 5, 10 and 11 shall survive any termination of this Agreement.
13. GOVERNING LAW
This Agreement shall be governed exclusively by the laws of the State of Florida (excluding its choice of laws provisions). Venue shall reside exclusively in Duval County, Florida. Any waiver of any term of this Agreement does not constitute a waiver of any other term or a continuing waiver of it. The Company reserves all of its rights stated in this Agreement.
14. PREVAILING AGREEMENT
To the extent that anything in or associated with the Website(s) is in conflict or inconsistent with this Agreement, this Agreement shall control and take precedence.
If you have any questions about the contents of this Agreement, you may contact us by using our contact information.