terms and conditions applicable to your registration, access and use of the
General Agency Insurance Development Services Website, or any other website that
Company may make available from time to time (individually or collectively
referred to as the "Website"). By using the Website, you are accepting and
agreeing to the TOU. If you do not agree to the TOU, do not use the Website. We
reserve the right to change the TOU at any time without notice; modifications
will be included in the TOU. It is your responsibility to check the TOU from
time to time for modifications. Continued use of the Website after any
modifications of the TOU will constitute acceptance of such modifications. The
Website is owned and operated by General Agency Insurance Development Services
("Company"), a California corporation. General Agency Insurance Development
Services is located in Beverly Hills, California and is licensed to do business
as an insurance agent in Nevada (License #18129) and to do business as an
insurance agent in Arizona (License #291536) and to do business as an insurance
agent in California (License #0511888).
Ownership: The Website, including without limitation, any
information, software, photographs, images, video, audio, graphics, or text on
the Website (“Company Content”), and all patent, copyright, trademark, trade
dress, domain name, trade secret, and other proprietary rights therein are the
sole property of the Company and various third party owners. You agree to abide
by all applicable intellectual property laws and any additional restrictions set
forth on the Website in relation to the Company Content.
Limited License; Permitted Uses: You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Website strictly in accordance with
this Agreement; (b) to use the Website solely for internal, personal,
non-commercial purposes; and (c) to print out discrete portions of Company
Content from the Website solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies contained
therein. No print out or electronic version of any part of the Website or its
contents may be used by you in any litigation or arbitration matter whatsoever
under any circumstances.
Use of Website: By using the Website, you represent that you are at
least 18 years old and are a resident of the United States. If you are under 18
or not a U.S. resident, do not use the Website. The Company does not intend to
market any products or services to children and does not knowingly collect
personal information from children under the age of 13 through the Website. You
may not store, modify, reproduce, transmit or distribute content from the
Website without the prior written consent of the Company. The Company may change
or restrict your use of the Website and/or make changes to the products and
services described on the Website at any time without notice. You also agree not
to use the Website for any unlawful purpose or in any manner that could damage,
disable, overburden or impair any server, or the network(s) connected to any
server of company, its affiliates or service providers, or interfere with any
other party’s use and enjoyment of the Website. You may not attempt to gain
unauthorized access to the Website or any services, other accounts, computer
systems or networks connected to any server or to any of the services, through
hacking, password mining or any other means. Certain third party owners may
impose additional terms and conditions set forth elsewhere herein. Your use of
Company Content from those third party owners is also subject to those terms and
conditions. Any and all caching, hypertext linking to the Website or framing of
any Company Content is prohibited without the Company’s prior written consent.
The Company reserves the right to disable any unauthorized links or frames.
Information Contained on Website: The information contained on the Website is not
intended as professional, medical, or legal advice. The Company makes no
warranties or representations related to the information contained on the
Website and disclaim all liability for errors or omissions in the information
presented. The Company does not recommend or endorse any specific insurance
company and does not provide advice on which insurer to select or which products
to buy. The insurance quotations obtained by use of the Website do not
constitute an offer of insurance and are subject to the approval of the
respective insurance providers. No contract for the provision of a policy of
insurance is formed by the use of the Website. YOU ARE ADVISED TO SEEK THE
ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY
SPECIFIC, REPORT, QUOTE, OPINION, ADVICE OR OTHER MATERIAL ON THE WEBSITE.
Services Offered on Website: The Website provides user resources, including
various communications tools and communication resource management services
("Service"). You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for Company to
provide the Service. You also understand and agree that the Service may include
certain communications from Company including, without limitation, service
announcements, administrative messages and marketing messages, and that these
communications are considered part of Website membership and you will be able to
opt out of receiving them. Unless explicitly stated otherwise, any new features
or modifications related to the Service shall be subject to the TOU.
Disclaimer of Warranties: THE WEBSITE, THE WEBSITE CONTENT AND ANY PRODUCTS
OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF
THE WEBSITE, WEBSITE CONTENT OR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE
THAT ANY WEBSITE CONTENT YOU MAY OBTAIN ARE FREE OF VIRUSES OR ANY OTHER HARMFUL
Limitation of Liability: YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO
EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR
ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, COMPANY
CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION
TAKEN IN RELIANCE UPON ANY COMPANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR
INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE,
THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE WEBSITE
CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Exclusion of Consequential Damages; Further
Limitation of Liability: IN NO EVENT
SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU
OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE,
CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN
RELATION TO THE WEBSITE, THE SERVICES, THE COMPANY CONTENT OR THE USER CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE "DISCLAIMER OF WARRANTIES" AND
"DISCLAIMER OF LIABILITY" SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES,
AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE
LIABILITY OF COMPANY UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU,
REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING
CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000) AND
THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US
AND ANY AFFILIATED PARTY.
User Submissions: By submitting information, graphics, images,
photographs or other materials ("User Content") through the Website, you grant
to the Company an unrestricted, irrevocable, worldwide, royalty-free license to
use, reproduce, display, modify, create derivative works from and transmit such
User Content for any purpose, including without limitation, disclosing any such
User Content as necessary to satisfy any law, regulation, or governmental
request. All remarks, suggestions, ideas, or inventions communicated by you to
us (collectively, a "Submission") will forever be our property. We will not be
required to treat any Submission as confidential, and will not be liable for any
ideas (including without limitation, product, service or advertising ideas) and
will not incur any liability as a result of any similarities that may appear in
our future products, services or operations. Without limitation, we will have
exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation to you or
any other person sending the Submission. You agree not to submit or transmit any
User Content through the Website that in Company's opinion: (i) are defamatory,
threatening, obscene or harassing; (ii) contain a virus, worm, Trojan horse or
any other harmful component; (iii) incorporate copyrighted or other proprietary
material of any third party without that party's permission; (iv) violate
Company's rules or procedures; or (v) otherwise violate any applicable laws or
regulations. You acknowledge that Company does not have a duty to pre-screen
content but that Company expressly reserves the right to reject any submission
of User Content on the Website. The Company shall not be subject to any
obligations of confidentiality regarding any User Content that you submit except
or required by law. You understand that all User Content you submit through the
Website is the sole responsibility of the person from whom such information or
materials originated. Thus, you, not Company, are entirely responsible for such
information and materials and liable for any infringement, violation of privacy,
defamation, libel or other causes of action that arise from such User Content.
Indemnification: You agree to indemnify and hold harmless Company
and its subsidiaries, affiliates, officers, agents, employees, partners and
licensors from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of User Content or Submission you
submit, transmit or otherwise make available through the Service, your use of
the Service or Company Content, your connection to the Service, your violation
of the TOU, or your violation of any rights of another party.
Trademarks: The name General Agency Insurance Development
Services is a protected mark. Unauthorized use of trademarks, service marks or
logos owned by the Company is strictly prohibited and may also be a violation of
federal and state trademark laws.
Copyright: The Website is protected by U.S. copyright laws of
the Company, its affiliates, and certain third party providers. Except as
expressly provided under "Use of Website" section above, you may not use,
reproduce, modify, transmit, distribute or publicly display any part of the
Website or Company Content without the prior written consent of the Company.
We respect the intellectual property of others,
and we ask you to do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, please provide our Copyright
Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
A description of
the copyrighted work that you claim has been infringed;
A description of
where the material that you claim is infringing is located on the Site;
telephone number, and email address;
A statement by
you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of
copyright infringement on the Site can be reached by directing an e-mail to the
Copyright Agent at firstname.lastname@example.org, or by
letter sent postage prepaid to GAIDS, 8901 W. Olympic Blvd., Beverly Hills, CA
90211, attention: Brad Calaway, Copyright Agent.
Governing Law: The TOU shall be governed in all respects by the
laws of the State of California, USA, without reference to its choice of law
rules. By accessing the Website you understand and agree that all transactions
take place in Beverly Hills, California and agree that the Beverly Hills
Superior Court has exclusive jurisdiction over any disputes with the Company
arising from or related to your use of the Website or any of the services or
Company Content or User Content on the Website. You irrevocably consent and
submit to the exclusive personal jurisdiction of that court, and you irrevocably
waive any jurisdictional, venue or inconvenient forum objections to such court.
Statute of Limitations: Except for claims arising from your misuse of the
Website or Company Content, You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Service or the TOU must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Third Party Links: The Website may contain links to third party
websites. The Company makes no representation regarding the content or accuracy
of any website that you may access through the Website. The Company does not
monitor and is not responsible for the content found on other websites that are
linked from the Website. The Company does not imply endorsement, recommendation
or sponsorship for any linked website or the services, products or advice
described on the site, and the Company shall have no liability for its content,
including its accuracy, subject matter, quality or timeliness, or any personal
information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK.
The views, opinions, statements, offers or other information or content
expressed therein are those of the respective author(s) or distributor(s), not
of the Company.
Third Party Services: We may allow access to or advertise certain
third-party product or service providers ("Merchants") from which you may
purchase certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND
IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third Party Merchant Policies: All rules, policies (including privacy policies)
and operating procedures of Merchants will apply to you while on any Merchant
sites. We are not responsible for information provided by you to Merchants. We
and the Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
Security: The Company does not make warranties or representations regarding the security of
Company Content or User Content. Data sent over the Internet may be intercepted
by third parties; if you are concerned about the security of your data, you
should not send it over the Internet.
User ID and Password: You are required to have a user ID and password to
access certain areas of the Website. You are responsible for maintaining the
confidentiality of your user ID and password and are responsible for all uses of
them, regardless of whether the uses were authorized by you. The Company
prohibits the transfer or sharing of user IDs and passwords. You agree to
immediately notify the Company of any unauthorized use of your user ID or
password or any other breach of security.
Linking to the Website: You may not link to the Website prior to obtaining
written permission from the Company, which may be withheld in Company's sole
Information and Press Releases: The Website contains information and press releases
about us. We disclaim any duty or obligation to update this information or any
press releases. Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being provided or
endorsed by us.
Your Registration Obligations: In consideration of your use of the Service, you
represent that you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form ("Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete or
the Company has a reasonable ground to suspect that such information is untrue,
inaccurate, not current or incomplete, the Company has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
Interstate Nature Of Communications On Website: When you register with the Website, you acknowledge
that in using Services to send electronic communications, you will be causing
communications to be sent through the Company's computer networks. As a result,
and also as a result of the Company's network architecture and business
practices and the nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of interstate
communications regardless of where you are physically located at the time of
transmission. Accordingly, by agreeing to the TOU, you acknowledge that use of
the Service results in interstate data transmissions.
Special Admonitions For International Use: Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable
content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside.
No Resale Of Service: You agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial purposes, any portion of the Service
(including your Website ID), use of the Service, or access to the Service.
General Practices Regarding Use And Storage: You agree that the Company has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other User Content maintained or transmitted by the Service.
You acknowledge that the Company reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that Company
reserves the right to modify these general practices and limits from time to
Termination: You agree that Company may, in its discretion, and
without prior notice, immediately terminate your Website account, any associated
email address, and access to the Service.
No Third Party Beneficiaries: You agree that, except as otherwise expressly
provided in this TOU, there shall be no third-party beneficiaries to this
Waiver: The failure of the Company to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision.
Headings: The section and paragraph headings used in this TOU are inserted for convenience only
and will not affect the meaning or interpretation of this TOU.
Violation of TOU: The Company reserves the right to seek all remedies
available at law and in equity for violations of the rules and regulations set
including, but not limited to, the right to block access from a particular
Internet address to the Website.
each of Company’s Websites, constitutes the entire agreement between you and the
Company relating to the use of the Website. Additional terms and conditions may
apply when you use any Third Party Services or access any linked websites.
Should any provision of our TOU be held invalid, unlawful or for any reason
unenforceable, then the invalid, unlawful or unenforceable provision shall be
severable from the remaining provisions. Such invalid, unlawful or unenforceable
provision shall not affect the validity or enforceability of the remaining
Contacting The Company: If you have Website questions, comments, or concerns, please email
email@example.com. Please include detail of your questions, comments or
concerns and your complete name and contact information. You may also call the
Help Desk at (800) 695-4424.