NOTICE:
PLEASE READ THESE TERMS AND CONDITIONS (INCLUDING DISCLAIMERS AND LIMITATION OF LIABILITY CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
COPYRIGHT © E-Insure SERVICES, INC. 2010. ALL RIGHTS RESERVED.
Copyright in the page content or display screens, and in the information and material within including their arrangement, is owned by E-Insure unless otherwise indicated.
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. See also: Registered Trademarks.
All Site design, text, the selection and arrangements thereof, interfaces, and
software are the copyrighted works of E-Insure 2000-2010, 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. This copyright will not apply to content on this website if covered
by a special Creative Commons License.
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
- Description of the property you believe has been infringed
- Description of its location on the Site
- Proof of your ownership or authorization to use the property
- 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
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.
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.
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.
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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.
This Site may contain links to other websites controlled or offerred by third
parties (non-affiliates). E-Insure is not the owner of such
websites and is not responsible for the content, accuracy, or opinions
expressed in such Web sites. Such websites are neither investigated,
monitored, nor checked for accuracy or completeness by E-Insure. Inclusion of
any linked website on our Site does not imply approval or endorsement of the
linked website by us. If you decide to leave our Site and access third-party
sites, you do so at your own security risk. Such third party websites may
have a privacy policy that differs from E-Insure's. Further, you acknowledge that
E-Insure is
not liable for the failure or defect in products, services, or information accessed on or
through any external website.
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.
See the
Privacy Policy page.
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.
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.
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.
Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
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