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Terms
& Conditions
1.
Acceptance of Terms of Service Insurancegripe
The
Insurancegripe website (“Site”) application
(“Application”) is provided free of charge to you
by Insurancegripe under the terms and conditions set
forth herein ("Terms of Service" or "TOS").
These TOS govern your use of the Site or Application
and all services provided in connection with the Site
or Application. If you do not agree to the then
current TOS, please do not access or otherwise use the
Site or Application. These TOS may be updated by
Insurancegripe at any time in its sole discretion;
please check http://www.insurancegripe.com
for the most current version of these TOS. Your
continued use of the Site or Application will signify
your acceptance of any change in the terms and
conditions set forth herein. Insurancegripe may modify
or discontinue the Site or Application with or without
notice to you and without liability to you or any
third party.
2.
Access to the Services.
Subject
to these TOS, Insurancegripe may offer to provide
certain services, as described more fully on the Site
or Application, and which are selected by you through
the process provided on the Site or Application
("Services"), solely for your own use, and
not for the use or benefit of any third party.
Services shall include, but not be limited to, any
services Insurancegripe performs for you, as well as
the offering of any content on the Site or
Application. Insurancegripe may change, suspend or
discontinue the Services at any time, including the
availability of any feature, database, or content.
Insurancegripe may also impose limits on certain
features and services or restrict your access to parts
or all of the Services without notice or liability.
You certify to Insurancegripe that you are an
individual at least 14 years of age. You also certify
that you are legally permitted to use the Services and
access the Site or Application, and take full
responsibility for the selection and use of the
Services and access of the Site or Application. These
TOS are void where prohibited by law, and the right to
access the Site or Application is revoked in such
jurisdictions. You also agree that you will comply
with any local laws or regulations that may apply to
your use of Services, including, without limitation,
any laws requiring registration or filings with local
authorities, and the payment of any taxes. You shall
be responsible for obtaining and maintaining any
equipment or ancillary services needed to connect to,
access the Site or Application or otherwise use the
Services, including, without limitation, modems,
hardware, software, and long distance or local
telephone service. You are responsible for ensuring
that such equipment or ancillary services are
compatible with the Services.
3.
Content of Messages
At
Insurancegripe we strive to create a community of
respect and integrity. While you alone are responsible
for the content of your messages, and the consequences
of any such messages, you agree to abide by the
guidelines below. Insurancegripe reserves the right to
"terminate your use" if it becomes aware and
determines, in its sole discretion, that you are
violating any of the following guidelines.
Insurancegripe requires that any information stated by
you regarding an incident is truthful, factual, and
represents an actual incident. Companies are protected
by law from false claims against them. Your complaint
could be construed as a claim about a company and may
be subject to libel laws. Please verify that all
information submitted is accurate and factual.
As a user of the Site or Application, you acknowledge
that Insurancegripe
does not pre-screen or edit user authored
content but that Insurancegripe and its designees
shall have the right, (but not the obligation) in
their sole discretion, to edit or move any content
that is available via the Site or Application. Without
limiting the foregoing, Insurancegripe and its
designees shall have the right to remove any content
that violates the TOS or is otherwise objectionable.
You agree that you must evaluate and bear all risks
associated with the use of any content, including any
reliance on the accuracy and completeness of such
content. You acknowledge that Insurancegripe may
preserve your content and may also disclose content if
required to do so by law or in the good faith belief
that such preservation or disclosure is reasonable
necessary to: (a) comply with a legal process, (b)
enforce the TOS, or (c) respond to any claims that the
content violates the rights of third parties.
In the event that you post or make accessible
communications or other materials that infringe the
copyrights of a third party, Insurancegripe shall take
the actions described in Insurancegripe copyright
infringement policy pursuant to the Digital Millennium
Copyright Act.
Any use by you of any other user’s information,
personal or otherwise, for any commercial purpose or
to obtain direct financial gain (e.g. mass marketing)
is prohibited. Any such use shall be deemed to be a
violation of these Terms of Service. The Site or
Application is to be used by you for your personal use
only. Commercial uses of the Site or Application are
strictly prohibited unless prior written consent from
Insurancegripe has been granted. You agree that you
will not use the Site or Application for chain
letters, junk mail, ‘spamming,’ solicitations
(commercial or non-commercial) or bulk communications
of any kind including but not limited to distribution
lists to any person who has not given specific
permission to be included in such a list.
You further agree not to use the Site or Application
to send or post on message boards or any place on the
Site or Application, any message, material or user
name that is unlawful, harassing, libelous,
defamatory, threatening, harmful, vulgar, obscene,
profane, sexually oriented, threatening, racially
offensive, or inaccurate material of any kind or
nature or that encourages conduct that could
constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local,
state, national or international law or regulation, or
encourage the use of controlled substances.
Insurancegripe reserves the right to delete any such
material from the Site or Application. Insurancegripe
will cooperate fully with any law enforcement
officials and/or agencies in the investigation of any
person or persons who violate the Terms of Service
contained in this Section 3.
You agree not to impersonate any other person or
entity, whether actual or fictitious, including
impersonating an employee or consultant of
Insurancegripe.
You agree to use only a valid, working e-mail address
when using the Site or Application to send or post
messages.
You agree not to post or use the Site or Application
to distribute or send any illegal material of any
kind, including but not limited to, illegal material
in the form of text, graphics, video, programs or
audio. Posting content or participating in any form of
discussion with the intention to commit any illegal
activity is strictly prohibited.
4.
Ownership of Content
The
Site and Application are protected by copyright as
collective works and/or compilations, pursuant to U.S.
copyright laws, international conventions, and other
copyright laws. You may not modify, publish, transmit,
participate in the transfer or sale of, reproduce
(except as permitted in this Agreement for the use of
Services), create derivative works based on,
distribute, perform, display, or in any way exploit
any of the content located on the Site or Application
("Content"), materials, or Services in whole
or in part.
You
may download or copy the Content, and other items
displayed on the Site or Application, for personal use
only, provided that you maintain all copyright and
other notices contained in such Content. You will not
store any significant portion of any Content in any
form. Copying or storing of any Content for other than
personal, noncommercial use is expressly prohibited
without prior written permission from Insurancegripe ,
or from the copyright holder identified in such
Content's copyright notice.
You
may share the Application with others for their
personal use only.
By
submitting content to any "public area" of the Site or
Application, including message boards, forums,
contests and chat rooms or by submitting content for
transmission to a third party, you grant
Insurancegripe, its affiliates, and the parties to
whom such content is addressed a royalty-free,
perpetual, irrevocable, non-exclusive right (including
any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public,
perform and display the content and any copyright
rights, trademark rights, and other intellectual
property rights contained therein (collectively, the
"Rights") (in whole or in part) worldwide
and/or to incorporate it in other works in any form,
media, or technology now known or later developed, for
the full term of any Rights that may exist in such
content. You also warrant that the holder of any
Rights, including moral rights in such content, has
completely and effectively waived all such Rights and
validly and irrevocably granted to you the right to
grant the license stated above.
You
also permit any user to access, display, view, store
and reproduce such content for personal use. Subject
to the foregoing, the owner of such content placed on
Site or Application retains any and all Rights that
may exist in such content.
5.
Disclaimer of Warranties
Insurancegripe
makes no representations or warranties about the use,
applicability, or performance of the Services or
Content made available on the Site or Application.
Insurancegripe has no special relationship with or
fiduciary duty to you. You acknowledge that
Insurancegripe has no control over, and no duty to
take any action regarding: which users gain access to
the Site or Application; what Content you access via
the Site or Application; what effects the Content may
have on you; how you may interpret or use the Content;
or what actions you may take as a result of having
been exposed to the Content. You release
Insurancegripe from
all liability for your having acquired or not acquired
Content through the Site or Application. The Site may
contain, or direct you to sites containing,
information that some people may find offensive or
inappropriate. Insurancegripe makes no representations
concerning any content contained in or accessed
through the Site or Application, and Insurancegripe
will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material
contained in or accessed through the Site or
Application. YOU ACKNOWLEDGE THAT THE SERVICES,
CONTENT, SITE, AND APPLICATION ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO
NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INSURANCEGRIPE
MAKES NO WARRANTY THAT THE SITE OR APPLICATION WILL
MEET YOUR REQUIREMENTS, OR THAT THE SITE OR
APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES INSURANCEGRIPE
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE, APPLICATION, OR THE
SERVICES PROVIDED BY INSURANCEGRIPE.
ELECTRONIC
COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711):
INSURANCEGRIPE MAKES NO GUARANTY OF CONFIDENTIALITY OR
PRIVACY OF ANY COMMUNICATION OR INFORMATION
TRANSMITTED ON THE SITE, APPLICATION, OR ANY WEBSITE
LINKED TO THE SITE OR APPLICATION. Insurancegripe will
not be liable for the privacy of e-mail addresses,
registration and identification information, disk
space, communications, confidential or trade-secret
information, or any other content stored on
Insurancegripe’s equipment, transmitted over
networks accessed by the Site or Application, or
otherwise connected with your use of the Services.
INSURANCEGRIPE
IS NOT RESPONSIBLE FOR THE CONTENT ON THE
INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED
OUTSIDE INSURANCEGRIPE’S SITE OR APPLICATION. As a
convenience to consumers , we may provide links to
resources which are beyond our control. We make no
representations as to the quality, suitability,
functionality or legality of any sites to which we may
provide links, and you hereby waive any claim you
might have against Insurancegripe
with respect to such sites.
6.
Limitation of Liability
INSURANCEGRIPE
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OR THE INABILITY TO USE THE
SITE OR APPLICATION, THE MALFUNCTION OF THE SITE,
APPLICATION, OR SERVICES, THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, OR UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
INSURANCEGRIPE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
7.
Indemnification
You
agree to indemnify and hold Insurancegripe, its parent
companies, subsidiaries, affiliates, officers,
directors and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made
by any third party due to or arising out of your use
of the Site, Application, or Services, the violation
of these Terms of Service by you, or the infringement
by you, or any other user of your member name, of any
intellectual property or other right of any person or
entity.
8.
Applicable Law
These
Terms of Service shall be governed by and construed in
accordance with the laws of the State of Pennsylvania,
without giving effect to its conflict of laws
provisions.
9.
Remedies for Breach of these Terms by You
In
the event that Insurancegripe determines, at its sole
discretion, that you have breached any portion of
these Terms of Service, or have otherwise demonstrated
conduct inappropriate for the community of the Site or
Application, Insurancegripe reserves the right to (i)
warn you via e-mail that you have violated these Terms
of Service, (ii) delete any content provided by you or
your agent(s) to the Site or Application, (iii) delete
all content provided by you to the Site or
Application, (iv) discontinue your registration with
Site, Application, (v) notify and/or send content to
and/or fully cooperate with the proper law enforcement
authorities for further action, and/or (vi) take any
other action which Insurancegripe deems to be
appropriate.
10.
Termination
Insurancegripe
reserves the right, at its sole discretion, to
immediately, without notice to suspend or terminate (i)
these Terms of Service or (ii) Application and/or any
other service provided to you by Insurancegripe
including any e-mail account upon any breach by you of
the Terms of Service.
11.
Miscellaneous
In
the event that any provision of the Terms of Service
conflicts with the law under which the Terms of
Service are to be construed or if any such provisions
are held invalid by a court with jurisdiction over the
parties to the Terms of Service, such provision will
be deemed to be restated to reflect as nearly as
possible the original intentions of the parties in
accordance with applicable law, and the remainder of
these Terms of Service will remain in full force and
effect.
The failure of either party to insist upon or enforce
strict performance by the other party of any provision
of the Terms of Service or to exercise any right under
the Terms of Service will not be construed as a waiver
or relinquishment to any extent of such party’s
right to assert or rely upon any such provision or
right in that or any other instance, rather, the same
will be and remain in full force and effect.
Insurancegripe may
assign its rights and obligations under these Terms of
Service and upon such assignment Insurancegripe may be
relieved of any further obligation hereunder.
These Terms of Service and any additional terms (as
such terms shall be identified when posted on Site by
Insurancegripe constitute the entire understanding between the parties as to
subject matter hereof, and supersede all prior
agreements and understandings. Insurancegripe reserves
the right to charge fees, surcharges and/or membership
fees at any time.
BY USING THE SITE OR APPLICATION, YOU ARE INDICATING
YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS
SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These
Terms of Service govern your use of the Site,
Application, and all services provided in connection
with Site, including but not limited to any e-mail
accounts provided to you by Insurancegripe.
Insurancegripe shall not be liable to you for any
breach of these Terms of Service. If you do not agree
to these Terms of Service, please do not register for,
use, or enter the Site or Application.
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