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1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you
agree to be bound by these Terms of Use, and as amended
from time to time with or without notice to you. In
addition, if you are using a particular service on or
through this web site, you will be subject to any rules
or guidelines applicable to those services and they
shall be incorporated by reference into these Terms of
Use. Please see our Privacy Policy, which is
incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through
our web site on an "AS IS" basis.
You agree that the owners of this web site exclusively
reserve the right and may, at any time and without
notice and any liability to you, modify or discontinue
this web site and its services or delete the data you
provide, whether temporarily or permanently.
We shall have no responsibility or liability for the
timeliness, deletion, failure to store, inaccuracy, or
improper delivery of any data or information.
***NO COVERAGES CAN BE BOUND OR CHANGES MADE TO YOUR
POLICY, NEW OR EXISTING, WITHOUT RECEIVING A WRITTEN
BINDER FROM OUR OFFICE. SUBMISSION OF FORMS FROM THIS
SITE DO NOT CONSTITUTE A BINDING COVERAGE AGREEMENT***
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you might have register on
our site, agree to provide truthful information when
requested, and be at least the age of eighteen (18) or
older. When registering, you explicitly agree to our
Terms of Use and as may be modified by us from time to
time and available here.
4. Privacy Policy.
Registration data and other personally identifiable
information that we may collect is subject to the terms
of our
Privacy Policy.
5. Your Conduct.
You agree that all information or data of any kind,
whether text, software, code, music or sound,
photographs or graphics, video or other materials
("Content"), publicly or privately provided, shall be
the sole responsibility of the person providing the
Content or the person whose user account is used. You
agree that our web site may expose you to Content that
may be objectionable or offensive. We shall not be
responsible to you in any way for the Content that
appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any
service provided, that you shall not:
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provide any Content or perform any conduct that may be
unlawful, illegal, threatening, harmful, abusive,
harassing, stalking, tortuous, defamatory, libelous,
vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other
destructive or deleterious programming routine, give
rise to civil or criminal liability, or which may
violate an applicable local, national or international
law;
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impersonate or
misrepresent your association with any person or entity,
or forge or otherwise seek to conceal or misrepresent
the origin of any Content provided by you;
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collect or harvest any data about other users;
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provide or use this web site and any Content or service
in any commercial manner or in any manner that would
involve junk mail, spam, chain letters, pyramid schemes,
or any other form of unauthorized advertising without
our prior written consent;
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provide any Content that may give rise to our civil or
criminal liability or which may constitute or be
considered a violation of any local, national or
international law, including but not limited to laws
relating to copyright, trademark, patent, or trade
secrets.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
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you agree to grant to us a worldwide, royalty-free,
perpetual, non-exclusive right and license (including
any moral rights or other necessary rights) to use,
display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part.
Such license will apply with respect to any form, media,
technology known or later developed;
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you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant
us with the license set forth in this Section 7;
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you acknowledge and agree that we shall have the right
(but not obligation), in our sole discretion, to refuse
to publish or to remove or block access to any Content
you provide at any time and for any reason, with or
without notice.
8. Third Party Services.
Goods and services of third parties may be advertised
and/or made available on or through this web site.
Representations made regarding products and services
provided by third parties are governed by the policies
and representations made by these third parties. We
shall not be liable for or responsible in any manner for
any of your dealings or interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors,
advertisers, partners, and co-branders from any claim or
demand, including reasonable attorney's fees, that may
be made by any third party, that is due to or arising
out of your conduct or connection with this web site or
service, your provision of Content, your violation of
this Terms of Use or any other violation of the rights
of another person or party.
10. Disclaimer of warranties.
Your understand and agree that your use of this web site
and any services or content provided (the "service") is
made available and provided to you at your own risk. It
is provided to you "as is" and we expressly disclaim all
warranties of any kind, implied or express, including
but not limited to the warranties of merchantability,
fitness for a particular purpose, and non-infringement.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF
THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY
QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR
DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR
ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL
ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY
OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT
OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you
only as it relates to implied warranties.
11. Limitation of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM OR ARISING OUT OF
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THE USE OF OR THE INABILITY TO USE THE SERVICE,
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THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH
THE SERVICE,
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UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS,
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STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE,
OR
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ANY OTHER MATTER RELATING TO THE SERVICE.
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In some jurisdictions, it is not permitted to limit
liability and therefore such limitations may not apply
to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to
any and all copyrights, trademarks, patents, trade
secrets, and any other proprietary right that we may
have in our web site, its content, and the goods and
services that may be provided. The use of our rights and
property requires our prior written consent. We are not
providing you with any implied or express licenses or
rights by making services available to you and you will
have no rights to make any commercial uses of our web
site or service without our prior written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way
that would be considered copyright infringement or a
violation of your intellectual property rights, our
copyright agent may be contacted at the following
address:
info@mcclunginsurance.com
14. Applicable Law.
You agree that this Terms of Use and any dispute arising
out of your use of this web site or our products or
services shall be governed by and construed in
accordance with local laws where the headquarters of the
owner of this web site is located, without regard to its
conflict of law provisions. By registering or using this
web site and service you consent and submit to the
exclusive jurisdiction and venue of the county or city
where the headquarters of the owner of this web site is
located.
15. Miscellaneous Information.
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In the event that this Terms of Use conflicts with any
law under which any provision may be held invalid by a
court with jurisdiction over the parties, such provision
will be interpreted to reflect the original intentions
of the parties in accordance with applicable law, and
the remainder of this Terms of Use will remain valid and
intact.
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The failure of either party to assert any right under
this Terms of Use shall not be considered a waiver of
any that party's right and that right will remain in
full force and effect.
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You agree that without regard to any statue or contrary
law that any claim or cause arising out of this web site
or its services must be filed within one (1) year after
such claim or cause arose or the claim shall be forever
barred.
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We may assign our rights and obligations under this
Terms of Use and we shall be relieved of any further
obligation.
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