(Revision Date: 01/09)
THIS AGREEMENT INCLUDES:
1. AGREEMENT TO CONTRACT ELECTRONICALLY
You agree that this electronic Terms of Service Agreement, combined with your accessing and using either Site has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature. You agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.
2. LINKS TO THIRD PARTY SITES
This Site contains links to third party web sites ("Third Party Sites"). ensurance.com LLC does not endorse and has no control over the content on Third Party Sites. ensurance.com LLC makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third Party Sites. You further acknowledge and agree that ensurance.com LLC is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Third Party Site. Please take the time to read the privacy and security policies of these Third Party Sites.
4. INTELLECTUAL PROPERTY
Ownership. The Site includes copyrights, trademarks, trade dress, service marks, logos, domain names, and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics and software (collectively, the "Content"). ensurance.com LLC, its affiliates and third-party content providers own all right, title and interest in and to the Content. You acknowledge and agree that the Content and Site are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. Except for the limited rights and licenses granted herein, nothing in this Agreement confers to you, whether by implication, estoppel or otherwise, any license, title, or ownership of or to the Site and/or Content.
Limited License. Subject to this Agreement, ensurance.com LLC grants you a limited right and license to use, on one personal computer, the content, materials, features, services, software and technology on this Site (collectively the "Content") solely for your personal, non-commercial use. No other use of the Content is authorized.
Restrictions. Except as expressly provided herein, you shall not: (i) use any portion of the Site, or any other intellectual property of ensurance.com LLC, on any other web site, in the source code of any other web site, or in any other printed or electronic materials; (ii)modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute or otherwise use any of the Site's content or frame this Site within any other web site, without our prior written permission; (iii) reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code of the Site and/or the Content. ensurance.com LLC reserves the right to block your use of the Site and cancel any memberships or subscriptions for violation of any of these rules.
5. RULES OF CONDUCT
The Site may include areas that allow end-users to participate in forums such as chat rooms and message boards. ensurance.com LLC adopted the following rules of conduct in order to assure that end-users who participate in these forums do so in a lawful and appropriate manner. All information, email, text, graphics, software, messages or other materials ("User Materials"), whether publicly posted, or privately submitted, by end-users are the sole responsibility of the sender. You are solely responsible for any User Materials that you upload, transmit, post, send, email or otherwise make available via the Site. ensurance.com LLC is not liable for any User Materials or for any errors or omissions in User Materials or for any loss or damage incurred as a result of the use of any User Materials made available on the Site. ensurance.com LLC may, but is not obligated to, monitor User Material and reserves the right, in its sole discretion, to block, refuse or remove any User Material from the Site without notice.
The following conduct is prohibited on, or in connection with, the Site:
These rules of conduct are strictly enforced. Violations of these rules may result in the sender being blocked from use of the Site. ensurance.com LLC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES, INCLUDING LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDERS NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY ensurance.com LLC TO ADDRESS PAST VIOLATIONS OF THIS AGREEMENT AND/OR TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO SENDER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
6. USER MATERIALS LICENSE
By transmitting, posting, emailing, uploading or otherwise making User Materials available on or via the Site, you represent and warrant to ensurance.com LLC that you have all right, title and interest in and to such User Materials and grant ensurance.com LLC a perpetual, irrevocable, world-wide, royalty free, right and license to use the User Materials in connection with the Site and ensurance.com LLC's services.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to ensurance.com LLC's Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE DESIGNATED AGENT THAT YOUR COPYRIGHTED USER MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification ("Notification") must be submitted to the following Designated Agent: Name of Agent Designated to Receive Notification Of Claimed Infringement: Mr. Paul Riley, Esq. / Baker Botts LLP Full Address of Designated Agent to Which Notification Should be Sent: 30 Rockefeller Plaza, 43 Floor, New York, NY 10112-4498.
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
8. CONTESTS AND SWEEPSTAKES
9. NO WARRANTY
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ENSURANCE.COM LLC NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES ENSURANCE.COM LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED.
10. LIMITATION OF LIABILITY
ENSURANCE.COM LLC SHALL NOT BE LIABLE FOR ANY INJURY OR LOSS, CLAIM OR DAMAGE, NOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF EITHER SITE; (ii) THE DELAY OR INABILITY TO USE EITHER SITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH A SITE (iv) THE INABILITY TO ACCESS OR USE EITHER SITE OR FROM YOUR RELIANCE ON ANY CONTENT AND/OR INFORMATION PROVIDED ON EITHER SITE, OR ON THIRD PARTY SITE LINKED TO OR FROM A SITE, EVEN IF ENSURANCE.COM LLC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. GENERAL LEGAL PROVISIONS
Reservation of Rights. ensurance.com LLC reserves the right to deny or block access to the Site to anyone at anytime and to terminate this Agreement at anytime without notice, in its sole discretion.
Termination. At any time and without prior notice, ensurance.com LLC may immediately terminate your access to the Site for: (1) breach of this Agreement; (2) requests by law enforcement or other government agencies; (3) discontinuance or material modification to a Site (or any part thereof); and/or (4) unexpected technical or security issues or problems. You agree that termination for cause is at ensurance.com LLC's sole discretion and ensurance.com LLC is not liable to you or any third party for termination of your access to the Site. You agree that any account you set up with ensurance.com LLC will be terminated upon your death.
Indemnification. You agree to defend, indemnify and hold ensurance.com LLC, its affiliates and their respective employees, directors, partners, contractors, officers, trustees, and other third parties assisting in the operation of the Site, harmless from and against all claims, liabilities and expenses (including attorneys' fees) that may arise from your use of the Site, any accounts set up in connection with the Site, User Materials, violation of the rights of others and/or breach of this Agreement.
Applicable Law and Jurisdiction. The Site is controlled and operated by ensurance.com LLC from its offices in Las Vegas, NV. This Terms of Service agreement is governed and controlled by the laws of the State of Nevada. By accessing, and/or using the Site you accept this Agreement and agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the courts of Clark County, Nevada. In addition, you consent to the personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. A printed version of this Agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.
International Use. Neither ensurance.com LLC nor its Affiliates make any representation that the Site and Content are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.