Last Updated: 12/31/19
However, Buckle Agency, LLC, takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Except where otherwise indicated, all materials contained in this Website are the copyrighted property and tradenames and trademarks of Buckle Agency, LLC, and its affiliated companies. The logos and service marks, and the names of various products and services described within are service marks of Buckle Agency, LLC or its affiliates.
We gather information about you that may be used in connection with Company Services including, without limitation, in connection with your application for a quote, to process and service your insurance policy, settle your claims and offer you additional products and services that we think may be of interest to you, for research and analytics purposes, and as permitted or directed by you. If you apply for a quote or complete an Application, we may gather, use and share information pertaining to you, other persons who reside in your household and all listed drivers in the same manner. We may also process your personal data to keep track of your purchase history to provide you with better service and comply with applicable law.
In all cases, we will collect personal data about you in accordance with the principles outlined in this Policy and applicable local law. You should be aware that our “lawful basis” for processing personal data about you may be impacted by the legal requirements in the country in which you reside. As such, outside of the European Economic Area (EEA), we may at times rely on consent to process personal data about you, whereas within the EEA we will seldom rely on consent as the lawful basis for processing personal data about you, except as otherwise indicated in this Policy.
We collect information as follows:
Information you provide to us on the Internet, by phone, via a mobile application and by email, information obtained by our service providers, or by any other means. Examples of such information may include your name, address, residence information, telephone number, email address, vehicle information, driver’s license number, driving history, claims history, current or former insurance information, social security number, medical information, gender, educational background, date of birth, marital status and web pages visited.
Information from affiliated and nonaffiliated third parties, including but not necessarily limited to insurance support organizations and, consumer reporting agencies. It may include information such as vehicle reports, consumer credit information, demographic information, insurance histories, and insurance claims reports. Information obtained from insurance support organizations may be retained by such organizations and disclosed to other persons as permitted by law.
Information about your transactions with us and others. This includes information such as your policy coverage levels, account balances, claims history, and billing information.
Information from public records or publicly available sources including content made public at social media websites. For example, this may include geographic, demographic, business information, published articles, press releases, pubic photos and posts on social media sites and other information.
Information from third party services through which you create or access Company Services, such as payment providers, social media services (including Facebook Login, Google Sign-In. and similar services,), on-demand music services, or applications or websites that use Company Services or whose API is used by Company Services. This includes any content that you have provided to and stored in online accounts you may have with third party service providers that link to your account with us.
Depending on the Company Services that you use, and your mobile application settings or device permissions, we may collect your precise or approximate geolocation and route information as determined through data such as GPS, IP address and WiFi. In addition, location information may be collected from other devices that are present with you, even if you have not enabled your mobile application to collect your location information.
Depending on the Company Services that you use, and your mobile application settings or device permissions, we may collect names and contact information from your address book, to facilitate social interactions through our services and for other purposes, and collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location, and number of attendees.
Depending on available features, information from any Event Data Recorder, mileage verification device, or any similar device capable of providing information we deem relevant to the rating of your policy or settlement of a claim.
COOKIES AND OTHER TRACKING DEVICES
Every time you come to the Website, the Website’s web server automatically collects, and we may use, your cookies, web beacons, and other similar tracking technologies (collectively “Tracking Technologies”) to collect “non-personal” information as you browse the Website. For example, any or all of the following information may be accessed, collected, analyzed and stored during or after your visits to the Website: the name of the domain from which you access the Internet; the date and time you access the Website; the pages that you visit on the Website and the sequence in which you visit them; the amount of time that you spend on any given page of the Website; the Internet address of a website that you visited immediately before visiting the Website; the Internet address of a website from which you linked directly to the Website, if any; the Internet address of a website that you visit immediately after leaving the Website; the type of operating system on your computer; and the type of browser that you are using to view a website.
Some of these Tracking Technologies may be placed by third party service providers, such as Google, to help determine the effectiveness of our advertising campaigns or email communications. These Tracking Technologies may be used by these service providers to place a persistent Cookie on your computer. Doing this allows the service provider to recognize your computer each time you visit certain pages or open emails and compile anonymous information in relation to those page views. The use of Tracking Technologies by third party service providers is within their control and not ours. We do not control their websites or their policies and practices regarding your information and you should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements or promotions and other sites you encounter on the Internet. This Policy does not cover any use of information that a third-party service provider may directly collect from you and we do not undertake to confirm, investigate, or police their practices.
Using these Tracking Technologies is a standard practice on the Internet. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our services do not currently respond to browser DNT signals. For more information on DNT, see https://allaboutdnt.com/. If you do not want a cookie placed on your computer as a result of using the website, you may disable cookies altogether by setting your browser or third-party software to reject cookies. If you reject the cookie, you may be unable to use portions of the Website that require registration, some pages of the Website might not function properly, and the Website experience will not be capable of being tailored to you from visit to visit. Please consult your web browser’s documentation for more information about how to turn cookies on and off for your browser. Cookies are placed on your computer, and accordingly we neither store cookies on our computers nor forward them to any external parties.
BY VISITING THE WEBSITE, YOU ACKNOWLEDGE, UNDERSTAND AND HEREBY AGREE THAT YOU ARE GIVING US YOUR CONSENT TO TRACK YOUR ACTIVITIES THROUGH USE OF THESE TRACKING TECHNOLOGIES.
SERVER LOG DATA
The information that your browser automatically sends us is collected automatically and saved in server log files. This includes:
• browser type and version;
• operating system used;
• referrer URL (the URL that the user comes from);
• host name (network name) of the accessing computer;
• Internet Protocol (IP) address; and
• time of server request.
We reserve the right to review this information subsequently and report it to authorities (such as the police or public prosecutor’s office), if there are concrete indications that our internet presence is being used illegally (for example, a hacking attack on our network).
USE AND SHARING OF INFORMATION
We use the information you provide in a variety of ways, including providing Company Services, processing insurance applications, conducting promotions, responding to customer inquiries, helping us understand how you use our Company Services and internal business purposes. We may combine and analyze the information collected with other information in our possession. This includes using Tracking Technologies, web server log files and tracking code, and information we receive through the use of these Tracking Technologies to analyze trends, administer this Website, track users’ movement, and gather broad demographic information for aggregate use. Information of this type may be combined with other sources of information. This allows us to recognize your needs and continue to make the improvements that are important to you and our customers. We do not sell your information to any third-parties. Information about our current, former, or potential customers is disclosed only as permitted or required by law. For example, we may disclose such information to affiliated and nonaffiliated insurance companies, insurance agents, reinsurance companies, insurance support organizations, such as consumer reporting agencies, government entities, and claims administrators. We may also disclose such information to nonaffiliated third parties that perform services or functions on our behalf including the marketing of our Company Services. Further, we may also disclose such information as necessary to effect, administer or enforce a transaction that you request or authorize, or in connection with servicing or processing a transaction that you request or authorize.
The following are examples of situations in which we may disclose such information:
Your information may be passed between us and our agents, appraisers, attorneys, investigators, and others who may be involved in the sales and marketing of Company Services, processing of applications, and servicing of policies or claims.
If you request a comparison quote, your information may be shared with an affiliated insurance agent and third-party insurance companies in order to provide you with the requested comparison quotes.
We provide your policy information to adjusters and other appropriate business entities that make any necessary repairs to your vehicle or property insured by us when you have a claim.
We may provide your information to others whom we determine need such information to perform insurance or other professional functions for us. These may include parties helping us with administrative services and consumer reporting agencies.
We may supply information as required by search warrant, subpoena, or legal process, to state insurance departments, or other law enforcement or government authorities when required by law, or to protect our own legal interests in the event of suspected illegal or fraudulent activities.
If we collect your information as an agent for one of our business partners, we may use it to contact you or make you an offer regarding insurance products that may be of interest to you.
In certain circumstances, we share or are obliged to share your personal data with third parties for the purposes described above and in accordance with applicable data protection legislation. These third parties include regulatory authorities, our auditors and legal advisors, relevant industry self-regulatory bodies, and others, where it is permitted by law, or where we have your consent.
If you would like information about opting out of other discretionary sharing of your personal information with third parties, please contact us (see “QUESTIONS” section below).
Your information may be transferred to another country for processing. Consistent with this Policy, we will seek consent for the transfer or rely on another lawful basis if that is required under applicable law with respect to that transfer. Those other bases may include: where the relevant regulator has determined that the country to which the data will be transferred provides an adequate level or legal protection for personal data, where an approved legal mechanism is in place to affect such transfers, or where you have provided your consent. For any transfers of personal data from the EEA to the U.S., we take additional steps in line with applicable data protection legislation. We have put in place adequate safeguards with respect to the protection of your privacy, fundamental rights and freedoms, and the exercise of your rights; e.g., when we transfer data from the EEA to the U.S. we use European Commission approved standard contract clauses to provide appropriate protections. If you would like to see a copy of any relevant provisions, please contact us (see “QUESTIONS” section below).
HOW WE PROTECT AND STORE YOUR INFORMATION
We are strongly committed to protecting the confidentiality and security of your information against unauthorized access and disclosure. We only disclose your information as permitted or required by law. We maintain reasonable and appropriate physical, electronic, and procedural safeguards to protect your information. No security system is impenetrable. We cannot guarantee the security of our Company Services or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by maintaining any usernames and passwords you use to access the Internet or the Company Services strictly confidential.
We store personal data about you on computer systems operated by or under the supervision of us or our affiliates or service providers and/or at our facilities. Our primary data center is located in the United States. We will maintain personal data about you for as long as necessary in connection with both our and your legal rights and obligations for the purposes for which it was collected, to defend or advance legal claims, or as otherwise required by applicable laws. We will delete personal data about you within one year of the expiration of a required retention period, as described above, at your request (where such request conforms to the relevant legal requirements and is not otherwise limited), and in any case, upon expiration of the maximum storage term set forth by applicable law.
Depending upon where you live, or depending on your jurisdiction, you may have certain rights, briefly summarized below, under applicable data protection legislation in that country or state. Please note, you may not have access to all of these rights, and only those relevant in your jurisdiction may apply.
Where our processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. If you do decide to withdraw your consent we will stop processing your personal data for that purpose, unless there is another lawful basis we need to rely on – in which case, we will let you know. Your withdrawal of your consent won’t impact any of our processing up to that point.
Your rights may include (as relevant):
Right of access
Subject to certain conditions, you are entitled to have access to your personal data which we hold (this is more commonly known as submitting a “data subject access request”).
We must be able to verify your identity. Your request may not affect the rights and freedoms of others, e.g., privacy and confidentiality rights of other customers. Data solely retained for data backup purposes is principally excluded.
Right of data portability
Subject to certain conditions, you may be entitled to receive the data that you have provided to us and that is processed by us by automated means, in a commonly-used machine readable format.
Data protection legislation does not necessarily establish a general right to data portability.
In the EEA, we must first be able to verify your identity. This right only applies if the processing is based on your consent or on our contract with you and when the processing is carried out by automated means (e.g. not for paper records). It affects only personal data that was “provided” by you. Hence, it does not, as a rule, apply to personal data that was created by us or obtained from other sources.
In California, we must first be able to verify your identity, and we may choose to provide the information by mail, in which case it may not be in an easily portable format. We are not required to respond to more than two requests from you for this information in any 12-month period. This right only applies to data we have collected about you; it does not, as a rule, apply to personal data that was created by us.
Rights in relation to inaccurate personal or incomplete data
You may challenge the accuracy or completeness of personal data which we process about you. If it is found that personal data is inaccurate, you are entitled to have the inaccurate data removed, corrected, or completed, as appropriate.
This right only applies to personal data about you. When exercising this right, please be as specific as possible.
Right to object to or restrict our data processing
Subject to certain conditions, you have the right to object to or ask us to restrict the processing of personal data about you.
In the EEA, this right applies only if the processing of personal data about you is explicitly based on our so-called “legitimate interests” (see “basis of processing” above). Objections must be based on grounds relating to your particular situation. They must not be generic so that we can demonstrate that there are still lawful grounds for us to process your personal data.
Right to have personal data erased
Subject to certain conditions, you are entitled, on certain grounds, to have your personal data erased (also known as the “right to be forgotten”); e.g., where you think that the information we are processing is inaccurate, or the processing is unlawful.
There are various lawful reasons why we may not be in a position to erase personal data about you. This may apply (i) where we have to comply with a legal obligation, (ii) in case of exercising or defending legal claims, or (iii) where retention periods apply by law or our statutes.
Right to withdrawal
You have the right to withdraw your consent to any processing for which you have previously given that consent.
If you withdraw your consent, this will only take effect for the future.
In addition, California law entitles California residents who have used our services for personal, household, or family purposes, to request information concerning whether we have disclosed certain information about you within the past year to any third parties for the third parties’ direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the "Questions” section below.
As noted above, we do not sell your personal information to third parties for their direct marketing purposes.
CHANGES TO THIS POLICY
We update this Policy when necessary in response to changes in our data collection or processing practices or policies, changes to our products or services, or other changes to our business practices. If we make changes, we will post the revised policy here, and will change the “Last updated” date at the top of this Policy, so that you can see what information we gather, how we might use that information, and in what circumstances we may disclose it. If there are material changes to this Policy, we will notify you either by prominently posting a notice of such changes before they take effect, or by directly sending you a notification.
ELECTRONIC TRANSACTIONS ACKNOWLEDGMENT
Every time you access our Website, you consent to engaging in electronic transactions with us, including receiving information and documents, sending information and documents, and signing documents electronically. Your ongoing consent is a condition of doing business with us. You acknowledge and agree that electronic transactions that are authorized by you will include the electronic transmission of confidential information, information regarding your personal financial matters and other personally identifiable information.
REVIEWING AND MODIFYING YOUR INFORMATION
You may also request access to, correction of, or a copy of your information by contacting us in writing at the address below.
CHILDREN The Company Services are not directed toward children under the age of 13 and we do not knowingly collect any personal information from any child under the age of 13. If a child provided this Website with personal information, we ask that a parent or guardian send us a written request to the address listed below and we will promptly delete the child’s information from our records.
If you have any questions regarding this Policy, please contact us at:
Buckle Agency, LLC
P.O. Box 94571
Atlanta, Georgia 30377
Toll-free: 1 866-514-2734 // 1-866-UBUCKLE
For purposes of this Policy, Buckle Agency, LLC is the controller of personal data we collect as described above. You may also raise a concern or lodge a complaint with a data protection authority or other official with jurisdiction. This usually means the data protection authority in the country where you are habitually resident, where you work, or where the alleged infringement took place.
INFORMATION CONSENT AND AGREEMENT TO CONDUCT ELECTRONIC TRANSACTIONS
COMMUNICATING WITH US
A. You may withdraw your consent to receive Documents that we provide to you in electronic form. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Documents. If you withdraw your consent to electronic transactions, you may be restricted from using Company Services and/or you may not be eligible for any discount we offer now or in the future for conducting business electronically. Any withdrawal of your consent to receive electronic Documents will be effective only after we have a reasonable period of time to process your withdrawal. Termination of your consent to conduct business electronically shall not affect legal enforceability of any Documents provided to you.
B. You should not expect to receive a paper copies of any Documents, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of electronic Documents by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Documents to you. Depending on applicable law and our policies at the time, we may charge you a reasonable service fee for a paper copy, of which we will provide you prior notice, for the delivery of paper copies of any Documents provided to you electronically pursuant to this authorization.
C. You are electing to allow for notices and communications to be sent to the e-mail address you provide and this election is your consent that all notices may be sent electronically, including notice of nonrenewal and notice of cancellation. It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information you provide to us, and to maintain and update promptly any changes in this information including, without limitation, you should be diligent in updating the e-mail address in the event of a change. You can contact us for each of the above purposes by emailing us at , or writing to us at Buckle Agency, LLC, 7094 Peachtree Industrial Boulevard NW, Suite 243, Norcross, Georgia 3007. Please do not send confidential information to us via unsecured or unencrypted e-mail, as we cannot guarantee that the transmission will be secure.
In order to access Documents electronically, you must have: (i) a computer or other device capable of connecting to the Internet; (ii) an Internet Service Provider; (iii) a browser capable of viewing our website; (iv) an email service account that allows you to read, write, and send email; (v) the ability to use hyperlinks to access other websites; and (vi) the ability to download, display, print, and retain Documents in Adobe Portable Display Format. Some states may require Documents to be displayed in a particular font size. For this reason, we recommend that the view size setting for the Documents is set to 100% and your browser resolution is at least 800 x 600. You are responsible for ensuring that neither your software, Internet service provider nor settings inhibits or interferes with your receiving Documents. If you do not meet these requirements, you cannot receive Documents electronically and you may be restricted from using Company Services and/or receiving discounts as described herein.
You will need to designate one of the existing email addresses associated with joint or multiple policy owners as the e-mail address of record for notices. The e-mail address of record will be the only e-mail address that electronic notification will be sent to when Documents are available for viewing. The e-mail address of record must be the e-mail address of a policy owner or an insured who has authority to make transactions and act on behalf of the policy owner. Only one policy owner’s authorization is required to consent to receive Documents electronically. By agreeing to the terms and conditions of this Information Consent, you are agreeing you have the authority to receive Documents electronically on behalf of all insureds under your policy.
You acknowledge and agree that: (i) You have read, understand and agree to be bound by the terms and conditions described above and YOU AGREE TO RECEIVE ALL MAILINGS AND COMMUNICATIONS ELECTRONICALLY. SUCH ELECTRONIC MAILING OR COMMUNICATIONS MAY EVEN INCLUDE CANCELLATION OR NONRENEWAL NOTICES; (ii) You confirm that you have the ability to receive the Documents pursuant to the technical requirements described above; (iii) You confirm your consent to electronic transactions with us includes that you consent to our providing you with this Information Consent electronically; (iv) Your electronic signature, serves as and replaces the need for your physical signature on this Information Consent and all future transactions in connection with Documents, to the fullest extent allowed by law; and (v) Neither we nor any party involved with providing you with Company Services, nor their affiliates, subsidiaries or agents will be liable for any loss, liability, cost, expense, or claim for acting upon, or relating to your consent as described above.
Terms & Conditions
Regarding Your Registration By using the Company Services, you represent and warrant that: A. all registration information you submit is truthful, complete and accurate; B. you will maintain the accuracy of such information and promptly update the information as it changes; C. you will keep your password confidential and will be responsible for all use of your password and account; D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and E. you will not use this Website or Company Services in violation of any law or regulation. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). We reserve the right to remove or reclaim or change a user name you select if we determine, in our sole discretion, the user name is inappropriate, obscene, offensive, objectionable, or undesirable, or when a trademark owner complains that the username is closely related to the owner’s trademark. Regarding Content You Provide The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, share, distribute or broadcast content and materials to the Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third-party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
D. your Contribution is not obscene, lewd, lascivious, pornographic, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third-party;
E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
By posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement. By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
MOBILE APPLICATION LICENSE
Use License If you are accessing the Company Services via a mobile application, then Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application. Terms Applicable to Apple and Android Devices The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Company Services. You acknowledge that this Agreement is concluded between you and Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Company, not an App Distributor, is solely responsible for the Company application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a non-transferable license to use the Company application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible for providing any maintenance and support services with respect to the Company application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Company application. (3) WARRANTY: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Company application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Company application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is responsible for addressing any claims of yours or any third-party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third-party claim that the Company application or your possession and use of the Company application infringes a third-party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD-PARTY TERMS OF AGREEMENT: You must comply with applicable third-party terms of agreement when using the Company application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Company application. (8) THIRD-PARTY BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and their subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. SOCIAL MEDIA As part of the functionality of the Website, you may link your account with online accounts you may have with third-party service providers (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Website; or (ii) allowing Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Company and/or grant Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third-party service providers. By granting Company access to any Third-Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third-Party Account to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website. Please note that if a Third-Party Account or associated service becomes unavailable or Company’s access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), Company will deactivate the connection between the Website and your Third-Party Account and delete any information stored on Company’s servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to the Company are not confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to: A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website B. attempting to impersonate another user or person or using the username of another user C. criminal or tortious activity D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website E. deleting the copyright or other proprietary rights notice from any Website content F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you I. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website J. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses K. selling or otherwise transferring your profile L. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company M. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords N. using any information obtained from the Website in order to harass, abuse, or harm another person O. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau P. using the Website in a manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.
THIRD-PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties (the “Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third-party.
Company reserves the right but does not have the obligation to: A. monitor the Website for violations of this Agreement; B. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy; D. in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems; E. otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION. In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. If Company terminates or suspends your account, you hereby release and hold harmless the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees from any loss, liability, claim, demand and damages (including but not limited to direct, indirect, actual, consequential, special, exemplary and punitive damages, and attorney fees associated therewith) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to termination or suspension of your account. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS TO AGREEMENT
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
MODIFICATIONS TO SERVICES
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third-party for the damages or consequences for any modification, suspension or discontinuance of the Company Services.
DISPUTES BETWEEN USERS
If there is a dispute between users of the Website, or between users and any third-party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release and agree to hold harmless Company, its officers, employees, agents and successors in rights from claims, demands and damages (including but not limited to actual, direct, indirect, consequential, punitive, exemplary and special damages, and attorney fees on those damages) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
DISPUTES WITH COMPANY A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of Georgia, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Gwinnett County, State of Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause of action arose. B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least three hundred and sixty-five (365) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Either party may demand arbitration in writing. Upon such demand, the arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Gwinnett County, State of Georgia. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a collective basis or class-action basis or to utilize class action or collective action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If any court determines that the class action waiver or collective action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis or collective basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in a court located in Gwinnett County, State of Georgia. E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice or any notice at all.
DISCLAIMERS Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third-party websites or provided by third-party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services. YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ATTORNEY FEES ASSOCIATED WITH ANY OF THOSE DAMAGES, OR LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF TWELVE (12) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” INDEMNITY You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
WAIVER OF SUBROGATION
In the event of any loss, damage, harm or injury, you will look exclusively to your insurer and not to us to compensate you or anyone else. You release and waive any rights you or your insurance company may have to be reimbursed by us or anyone else for money paid to you or on your behalf arising as a result of the payment of any claim for loss, damage, harm or injury. You agree to obtain a waiver of subrogation rights from all insurers providing you with insurance coverage.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING AND SIGNATURES
We primarily conduct business electronically. You confirm your ability and consent to electronic transactions and the use of electronic signatures in accordance with our Information Consent and Agreement to Conduct Electronic Transactions, which is incorporated into this Agreement by reference. Your consent to electronic transactions and the use of electronic signatures encompasses this Agreement and all mailings and communications. Such consent for electronic mailings and communications includes consent to electronic cancellation and nonrenewal notices.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, all such rights being reserved. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.