Terms of Use

Table of Contents

Acceptance of Terms Required Prior to Use

PLEASE READ THE FOLLOWONG TERMS OF USE (INCLUDING DISCLAIMERS AND LIMITATIONS OF LIABILITY) CAREFULLY BEFORE USING THIS WEB SITE (the "Site"). Use of this Site implies agreement to these Terms of Use. If you do not agree to these Terms of Use, you many not use this Site. e-Insure Services, Inc., ("e-Insure") reserves the right to modify, alter, or update these Terms of Use at any time, and you agree to be bound by such modifications, alterations, or updates.

Trademarks

All trademarks, service marks, and trade names (collectively, all "Marks") presented on this Site are proprietary. The owners of any such Marks not directly proprietary to e-Insure have granted e-Insure the right and license to use their Marks.

Copyright Notice

All Site design, text, the selection and arrangements thereof, interfaces, and software are the copyrighted works of e-Insure © 2000-2004, and e-Insure reserves all rights therein. No information or content may be downloaded, copied, stored in machine-readable format, or otherwise reproduced, modified, disseminated, adapted, or used without express written permission from e-Insure. Permission is granted, however, to download information or content from the Site for your personal, noncommercial use only, provided you keep all credits, copyrights, trademarks, and other proprietary notices on the information or content downloaded. You may also electronically copy and print hard copy portions of this Site in order to facilitate any use otherwise in accordance with these Terms of Use.

Intellectual Properety

e-Insure respects the intellectual property of others, including, but not limited to, copyrights, trademarks, patents, and trade secrets. If you believe that material presented on the Site constitutes an infringement on your intellectual property, please contact e-Insure's Customer Service department and provide the following information:

• Your name.

• Your mailing address.

• Your telephone number.

• A description of the property you believe has been infringed.

• A description of its location on the Site.

• Proof of your ownership or authorization to use the property.

• A statement by you, under penalty of perjury, that the above information is correct and you are the owner of the property or are authorized to act on the owner's behalf.

Disclaimers

You agree that you use this Site at your own risk. e-Insure makes no representation that the content is appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access this Site, you do so on your own initiative and at your own risk, and are responsible for compliance with all applicable laws. e-Insure is not responsible for any errors or inaccuracies in the content, including, but not limited to, information, product reviews, articles, product descriptions, and photographs. Please contact e-Insure's Customer Service department to report any known or suspected errors or inaccuracies you discover.

The information, services, products, data, and materials contained in this Site, including without limitation text, graphics, and links, are provided on an "as is" basis, with no warranty, to the maximum extent permitted by law. e-Insure disclaims all representations and warranties, express or implied, with respect to such information services products and materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from the course of dealing or the course of performance. In addition, e-Insure does not represent or warrant that the information accessible via this Site is accurate, complete or current. e-Insure further does not warrant that the service will be uninterrupted, timely, secure, or error-free, or that any errors in the software will be corrected. Price and viability of information is subject to change without notice.

Limitations on Liability

You expressly agree that in no event shall e-Insure be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever (including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses), even if e-Insure has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, service, products, data and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitation on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnity

You agree, at your own expense, to indemnity, defend or settle, and hold harmless e-Insure (including its subsidiaries, affiliates, e-Insure, agents, attorneys, employees, co branders, and partners) from and against any claim, demand, action, suite or proceeding, including any liabilities, damages, costs and expenses (including attorneys' fees) arising there from, brought by a third-party due to or arising out of the content or information you submit, post or transmit on or though this Site or your violation of these Terms of Use.

Applicable Law, Personal Jurisdiction, and Venue

These Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of California (excluding conflicts of law principals). By using this Site you agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County and the United States District Court for the Northern District of California with respect to all matters.

Disclaimer Regarding Hypertext Links to Other Web sites

This Site contains links to other Web sites. e-Insure is not the owner of such Web sites and is not responsible for the content, accuracy, or opinions expressed in such Web sites. Such Web sites are neither investigated, monitored, nor checked for accuracy or completeness by e-Insure. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access third-party sites, you do so at your own risk. Further, you acknowledge that e-Insure is not responsible for the availability of content or content accessed on or through any external Web site. You should contact the site administrator or Webmaster for those external sites if you have a concern regarding such links or content located therein.

Termination

You agree that e-Insure, in its sole discretion and for any reason, may terminate your use of this Site and/or delete all of your personal information. e-Insure may also, in its sole discretion, for any reason and without notice, discontinue this Site, and you agree that e-Insure shall have the right to do so.

Privacy Policy

See the Privacy Policy page.

Severability

The provisions of these Terms of Use shall be severable. If any provision thereof is held by a court of competent jurisdiction to be invalid or unenforceable, it shall be construed to have the broadest interpretation which would render it valid and enforceable.

Entire Agreement

These Terms of Use set forth the entire agreement and understanding between you and e-Insure regarding your use of this Site and the subject matter hereof, and supersedes all prior and contemporaneous written and/or oral agreements, arrangements, and communications and understandings related to the subject matter hereof.

Waiver

The failure of e-Insure to exercise or enforce any of the terms and conditions of these Terms of Use, at any time, shall not in any way affect, limit, or waive e-Insure's rights thereafter to enforce and compel strict compliance with every term and condition of these Terms of Use.