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TERMS OF USE

This web site (“Web Site”) is owned and maintained by All-Cal Insurance Company (the “Company”), License #0B71044, domiciled in California. Licensed in California and Nevada

This Web Site provides users with access to an online collection of information and materials and certain online services (“Services”). These materials include information related to certain insurance products and services (“Products and Services”) offered by the Company. The Web Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Products and Services, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Web Site (“Software”).

PLEASE NOTE: Your access to and use of this Web Site are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Web Site or any information, content, Services or Software contained on this Web Site. Your access to and use of this Web Site constitute your acceptance of and agreement to abide by each of these terms and conditions set forth below. Unless otherwise indicated, any new Products and Services, Content and Software added to this Web Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Web Site and these Terms of Use periodically for updates and changes.

Limited License and Site Access

The Company hereby grants you a limited license to access and make personal use of this Web Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Web Site or its Contents or Software; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without the Company’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the Company name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by the Company.

Availability of Products and Services

Due to various insurance and other regulatory restrictions, certain Products and Services described on this Web Site are not available to all users. Also, Products and Services may vary by jurisdiction, nor are all Products and Services available or suitable for all United States jurisdictions. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY INSURANCE PRODUCT OR OTHER PRODUCT OR SERVICE BY COMPANY. No insurance product or other product or service is offered or will be sold by the Company or, if sold by the Company, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the insurance or other laws of such jurisdiction. Please contact a designated Company representative to find out which Products and Services are available to you in your State.

Copyright

Except as otherwise expressly stated, all Content and Software appearing on this Web Site are the copyrighted work of Company or third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of Company or their affiliates and is protected by U.S. and international copyright laws.

You may download information from this Web Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Company. The Company does not warrant or represent that your use of Content, Services, Software or any other materials displayed on this Web Site will not infringe rights of third parties.

Service Marks

All service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Site are the property of the Company or their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such service marks, trade dress, or other logos from this Web Site without the prior written authorization of the Company.

Ownership of information submitted via this Web Site

With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement), any information you transmit to Company via this Web Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Company. Such information may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Company shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Company via this Web Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Proprietary Software

Any Software accessible through this Web Site is the property of the Company or its suppliers and is protected by U.S. patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Web Site is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by the Company through this Web Site for your use in accessing the Services and Content.

Prohibited Use

In connection with your use of the Web Site, you agree you will not (a) Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (b) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product or Service if you are not expressly authorized by such party to do so.

Hyperlinks to Third Party Web sites

This Web Site may contain hyperlinks to other sites owned and operated by parties other than the Company. Such hyperlinks are provided only for ready reference and ease of use. We do not control such web sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Web Site provides hyperlinks to other web sites that are not owned, operated or maintained by the Company, you acknowledge and agree that the Company is not responsible for and is not liable for the content, products, services or other materials on or available from such web sites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Any such web sites are likely to set forth specific terms of use and privacy policies that you should review. The Company is under no obligation to maintain any link on this Web Site and may remove a link at any time in its sole discretion for any reason whatsoever. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site. The Company is not responsible for the privacy practices of any other web sites.

Web Site Privacy Policy

Our Web Site Privacy Policy describes the details of the Company’s information practices and procedures for personal information we collect at this Web Site. We urge you to read our Web Site Privacy Policy.

Modification to Services

The Company may, at its discretion, modify or discontinue any of the Services, Products and Services, Content or Software, or any portion thereof, with or without notice. The Company will no be liable to you or any third party for any modification or discontinuance of any of the Services, Products and Services, Content or Software.

Disclaimer

Information contained on this Web Site has been prepared by the Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Web Site or any other Web Site maintained by the Company. Users relying on information from this Web Site do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for complete terms, exclusions and conditions. Should you purchase a Company product, the terms and conditions applicable to that transaction will govern such purchase, and your use of this Web Site does not affect that purchase in any manner.

Notices

Any notices to you from the Company regarding the Web Site or these Terms of Use will be posted on this Web Site or made by e-mail or regular mail.

ELECTRONIC COMMUNICATIONS

When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

GENERAL PROVISIONS

Entire Agreement

These Terms of Use, the Privacy Statement, and other policies the Company may post on this Web Site constitute the entire agreement between the Company and you in connection with your use of this Web Site and the Content, Services and Software, and supersedes any prior agreements between the Company and you regarding use of this Web Site, including prior versions of these Terms of Use.

Age and Location of User

All information and content available on this Web Site are solely directed to individuals 18 years of age or older residing in the United States. The Company makes no representation that the Content, information, products, Services or Software are available for use outside of the United States. Any use of the Services, Content and Software is prohibited where they are not allowed by law.

Governing Law; Jurisdiction; Venue; Severability of Provisions

The Terms of Use are governed by the laws of the State of Illinois, USA and controlling United States Federal Law without regard to any conflicts of law provisions. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

PASSWORD ACCOUNTS, PASSWORDS, AND SECURITY

If you have been given the option to open an account on this Web Site which will provide you with access to password protected portions of the Web Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

SEVERABILITY

To the maximum extent possible, each of the disclaimers and each of the provisions of the Terms of Use shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.

WAIVER

No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

MODIFICATION OF TERMS

The Company reserves the right to modify these Terms of Use without notice to you, and your continued use of the Web Site after such modifications will make such modifications binding on you. These Terms of Use are effective until terminated or updated by the Company. In the event of termination of these Terms of Use, the disclaimers and limitations of liabilities set forth in the Terms of Use will survive. The modified Terms of Use will apply only to disputes that arise after the modification has been posted on the Web Site. After the Terms of Use have been modified, the Web Site will provide a link to a Notification of Modification for Web Site users for a period of one (1) year after the effective date of such modification.

CONTACTING US

If you have any questions about these Terms of Use, please write to us at
mike@all-calinsurance.com

 

Last Updated: October 5, 2010.
 

 
mike@all-calinsurance.com





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