1. ACCEPTANCE OF TERMS
InsuranceNewsNet ("INN") provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.InsuranceNewsNet.com/tos.aspx. Your use of the Site constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").
2. DESCRIPTION OF SERVICE
INN provides users with access to a rich collection of resources through its network of properties (the "Service"). The Insider Service includes a full copy of the current InsuranceNewsNet site and special content features. You understand and agree that the Service is provided "AS-IS" and that INN assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Insider Service by subscribing through INN's registration page and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. MODIFICATIONS TO SERVICE
INN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that INN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. INN may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use INN after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
INN will charge you fees to become a Premium subscriber. In order to use the Service or designated portions of the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. INN reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you. In order to set up a Premium subscription with INN you must provide INN with valid credit card information. By submitting such credit card information, you give INN permission to charge all fees incurred through your account to the credit card you designate on the registration form. All fees (other than renewal fees) will be charged at the time they are incurred.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to INN's Premium service, you will select a subscriber ID (username) and a password. You will provide INN with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our Edit Account page). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your INN account including, but not limited to, use of the account by any person authorized by you to use your subscriber ID and password.
6. NON-TRANSFERABILITY OF SUBSCRIPTION
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will void your subscription immediately without refund.
7. SUBSCRIPTION RENEWAL AND CANCELLATION
INN will automatically renew and charge your account upon every one-year or monthly anniversary of the date on which you subscribed depending on the subscription program that you chose during enrollment. (If you purchased a two-year subscription with a credit card your account will be automatically renewed as a one-year subscription.) You give permission to INN to automatically charge your subscription fee to your credit card annually or monthly depending on your subscription program. However, you may "opt out" of this automatic renewal at any time by visiting your Edit My Account[make the words "Edit My Account" a link, and make sure the wording is the same as the page title] page and indicating your preference. Or, at any time prior to the end of the applicable billing period (month, year, every other year), you may give INN notice by e-mail to [email protected] that you do not wish to renew your account. Also, InsuranceNewsNet will e-mail one- and two-year subscribers approximately one month before such a renewal and give them the opportunity to cancel their subscriptions. INN will cancel your account upon receipt of such notification from you. Monthly subscribers will not receive a renewal notification e-mail. The renewal charge will be equal to your original sign-up price, unless you are otherwise notified in advance (electronically) by INN or if you had a two-year subscription, which will be renewed as a one-year subscription. You may cancel a one- or two-year subscription and receive a full refund if you make your cancellation and refund request to this e-mail address, [email protected], within 30 calendar days from the day you signed up. No other refunds will be offered.
8. FEATURED PRESS RELEASES AND ALL EDITORIAL CONTENT
INN reserves the right to withdraw any article, Featured Press Release or other content that is considered to infringe on copyright law or is considered to be inflammatory or obscene in any nature. This remains the exclusive right of INN regarding any content posted through any channels on the web site. In the case of any paid service, i.e. Featured Press Releases, all paid for services will be refunded in full.
9. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that INN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
INN may provide, or third parties may provide, links to other World Wide Web sites or resources. Because INN has no control over such sites and resources, you acknowledge and agree that INN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that INN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. INN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
E. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY INN OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
F. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY INN AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
14. TRADEMARK INFORMATION
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by INN or by other parties that have licensed their material to INN. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited. InsuranceNewsNet Premium Services, INN, InsuranceNewsNet, InsuranceNewsNet Magazine, Table Talk, The Well and other INN logos and product and service names are trademarks of InsuranceNewsNet. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that INN is a news and information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. INN will enforce its intellectual property rights to the fullest extent of the law. If you suspect that INN's content or trademarks are being misused please contact [email protected] as soon as possible.
The failure of INN to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our administrative staff at [email protected].
You agree to indemnify, defend and hold INN harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
19. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS:
Any comments, materials, or letters sent by you to INN regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. INN shall have no obligation of any kind with respect to such Received Materials and INN will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, INN is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to INN for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
You can read InsuranceNewsNet's privacy statement at http://www.insurancenewsnet.com/privacy.aspx.
21. RESTRICTIONS ON USE:
You may not use INN or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use INN solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
23. ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service on http://www.InsuranceNewsNet.com constitute the entire agreement between you and INN and govern your use of the Service.
24. REFUSAL OR DISCONTINUANCE OF SERVICE:
INN reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
25. CHOICE OF LAW AND FORUM:
This Agreement will be governed by the laws of the State of Pennsylvania. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Pennsylvania and you agree to personal jurisdiction by the state and federal courts sitting in Harrisburg, Pennsylvania. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT
AND AGREE TO BE BOUND BY ALL OF ITS TERMS.