Terms Of Service
Please read the following:
1. Acceptance of Terms - Our company provides the use of our websites, products, and services (collectively hereinafter "Service") to you, subject to Terms of Service ("TOS") provided herein, which may be updated by us from time to time without notice.
In consideration of your use of the Service, you represent that you are of legal age and are under no impairment or infirmity which would render you incompetent 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.
2. Proprietary Rights
You acknowledge and agree that the Service contains proprietary materials and/or confidential information that is protected by applicable intellectual property and other laws (hereinafter, “Content”). Except as expressly authorized, you agree not to copy, modify, rent, lease, loan, sell, distribute, create derivative works, decompile, disassemble, reverse engineer, or otherwise use the Content, in whole or in part. Further, without prior written permission, you agree not to display or use in any manner, any trademarks of our company.
3. Legal Rights and Remedies
a. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1.Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Our company expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2.Our company 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, and (v) any errors in the software will be corrected.
3.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.
4.No advice or information, whether oral or written, obtained by you from our company or through or from the service shall create any warranty not expressly stated in the terms of service.
b. LIMITATION OF LIABILITY
You expressly understand and agree that our company shall not be liable to you 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 our company has been advised of the possibility of such damages.
c. 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 may not apply to you.
You agree that our company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, except where a purchase has been made, and in such case, the purchaser’s exclusive remedy shall be a refund of the price paid (less any amortization) or replacement of our products, at our option.
e. Third Parties
You agree to indemnify and hold our company and any subsidiaries, affiliates, officers, agents, co-branders or other partners, 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 Service or your violation of the Terms Of Service. You agree that there shall be no third party beneficiaries to the Service.
4. General Information
a. Entire Agreement
This Terms Of Service text constitutes the entire agreement between you and our company and governs your use of the Service, superseding any prior agreements between you and our company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services. You agree that this Terms Of Service constitutes a set form in writing, whether or not you choose to print this Terms Of Service, including the terms and conditions as described herein.
b. Choice of Law and Forum
Our issuing insurance company is located in Salt Lake City, Utah, USA, and by doing business with us, you agree that the Terms Of Service, your relationship with our company, and any offering is made from Salt Lake City, Utah, USA, and shall be solely governed by the laws of the State of Utah, USA. By electing to participate in any offering, you are entering into a contract, and by agreeing to same your electronic signature shall be the same as your handwritten signature at our place of business, in Salt Lake City, Utah, USA in accordance with the Electronic Signatures in Global and National Commerce Act of 2000.
This Terms Of Service, your relationship with our company, and any agreement entered into shall be solely governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws under any jurisdiction. Any dispute or legal action arising out of the Terms Of Service, your relationship with our company, and any agreement entered into shall be litigated and enforced under the laws of the State of Utah. In addition, for any dispute or legal action arising out of the Terms Of Service, your relationship with our company, and any agreement entered into, you agree to submit to the personal and exclusive jurisdiction of the courts of State of Utah, and that any dispute or legal action is subject to the exclusive jurisdiction of the courts of State of Utah, USA.
c. Official Language
This Terms Of Service is written in English, which you agree is the official language to be used for the agreement and any interpretation.
d. Waiver and Severability of Terms
The failure of our company to exercise or enforce any right or provision of the Terms Of Service shall not constitute a waiver of such right or provision. If any provision of the Terms Of Service 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 Terms Of Service remain in full force and effect.
e. Statute of Limitations
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 Terms Of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
f. Section Titles The section titles in the Terms Of Service are for convenience only and have no legal or contractual effect.