| Welcome to Insurance4Sale. By using our site, you are agreeing
to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not
agree to these terms, you should not use this site. The term
“Insurance4Sale”, “us” or “our”
refers to Insurance4Sale.com, the legal name of the owner
of the Web site. The term “you” refers to the
user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this
Terms of Use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site,
the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to
time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright.
The Site, including any content, software and services
offered thereon, are the property of Insurance4Sale.com and
its suppliers. It is protected by the copyright and/or other
intellectual property laws of India and internationally.
You are hereby authorized solely to view and to retain a
copy of pages of this Site for your own personal use. Do
not duplicate, publish, modify, or otherwise distribute
the material on this Site unless specifically authorized
in writing by Insurance4Sale.com to do so. You hereby acknowledge
and agree that, as between Insurance4Sale.com and you, all
right, title, and interest in and to the Site and the provision
thereof, including without limitation any patent rights,
patents, business methods, copyrights, trademarks, trade
secrets, inventions, know-how, and all other intellectual
property rights pertaining thereto, shall be owned exclusively
by Insurance4Sale.com. Except as expressly authorized by
Insurance4Sale.com herein, you agree not to make, copy, display,
modify, rent, lease, license, loan, sell, distribute, or
create derivative works of the Site, in whole or in part
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out
discrete information from the Site 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 Site
or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content
and Materials”) therein are subject to the following
restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted
by Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any
Content and Materials retrieved from it; (b) use the Site
or any materials obtained from the Site to develop, of as
a component of, any information, storage and retrieval system,
database, information base, or similar resource (in any
media now existing or hereafter developed), that is offered
for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in
any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site
available through any timesharing system, service bureau,
the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse
engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or
federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the
Site or any portion thereof, or any software available on
or through the Site, in violation of the export control
laws or regulations of the United States.
5. Forms, Agreements & Documents
We may make available through the Site or through other
Web sites sample and actual forms, checklists, business
documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial purposes,
without any right to re-license, sublicense, distribute,
assign or transfer such license. Documents are provided
for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect,
completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL FAULTS”, AND
WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may
be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions
to ensure the desired result. You should consult with legal
counsel to determine the appropriate legal or business documents
necessary for your particular transactions, as the Documents
are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available
from public records.
6. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the
Site is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance
and no attorney-client relationship is formed. We do not
warrant or guarantee the accurateness, completeness, adequacy
or currency of the information contained in or linked to
the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are
not a law firm and the Site is not a lawyer referral service.
7. Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b)
your site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately
upon request by us.
8. Advertisers.
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies
with applicable laws. We are not responsible for the illegality
or any error, inaccuracy or problem in the advertiser’s
or sponsor’s materials.
9. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects
will be corrected. We do not represent or warrant that the
information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes
to the features, functionality or content of the Site at
any time. We reserve the right in our sole discretion to
edit or delete any documents, information or other content
appearing on the Site.
10. Indemnification.
You agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information
and documents, advertisers, product and service providers,
and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense related
to your violation of this Agreement or use of the Site.
11. Nontransferable.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information
or documents is not transferable or assignable.
12. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT
BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for
any loss, injury, claim, liability, or damage of any kind
resulting in any way from (a) any errors in or omissions
from the Site or any services or products obtainable therefrom,
(b) the unavailability or interruption of the Site or any
features thereof, (c) your use of the Site, (d) the content
contained on the Site, or (e) any delay or failure in performance
beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS
AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED
$100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
14. Use of Information.
We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by
you and all information provided by you in any manner consistent
with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information 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 acknowledge that you are responsible
for whatever material you submit, and you, not us, have
full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
15. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as
well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are
forward-looking statements. These statements are based upon
a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends,"
"will" and similar expressions are intended to
identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to
be, and shall not be deemed to be, incorporated into any
of our securities-related filings or documents.
16. Links to other Web Sites.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express
in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party
sites, you do so at your own risk.
17. Miscellaneous.
This Agreement shall be treated as though it were executed
and performed in San Francisco, California, and shall be
governed by and construed in accordance with the laws of
the State of California (without regard to conflict of law
principles). Any cause of action by you with respect to
the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations
set forth in Section 16 and Section 17. The language in
this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. Any rule of construction
to the effect that ambiguities are to be resolved against
the drafting party shall not apply in interpreting this
Agreement. This Agreement and all incorporated agreements
and your information may be automatically assigned by us
in our sole discretion to a third party in the event of
an acquisition, sale or merger. If any provision of this
agreement is held illegal, invalid or unenforceable for
any reason, that provision shall be enforced to the maximum
extent permissible, and the other provisions of this Agreement
shall remain in full force and effect. If any provision
of this Agreement is held illegal, invalid or unenforceable,
it shall be replaced, to the extent possible, with a legal,
valid, and unenforceable provision that is similar in tenor
to the illegal, invalid, or unenforceable provision as is
legally possible. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination
of this Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall have
no effect on the construction of the terms of this agreement.
18. Arbitration.
Any legal controversy or legal claim arising out of or
relating to this Agreement or our services, excluding legal
action taken by us relating to Site operations and/or intellectual
property, shall be settled solely by confidential binding
arbitration in accordance with the commercial arbitration
rules of JAMS applicable at the time the arbitration commences.
Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in San Francisco, California. Each party
shall bear its own attorneys' fees. Each party shall bear
one-half of the arbitration fees and costs incurred through
JAMS.
|