Please read the below terms and conditions carefully, as they contain legal terms that govern your use of www.vertafore.com, www.sircon.com, www.vertafore.ca, and/or www.pulseportal.com (the “Website”).
ACCESS
By using the Website, you agree to these Terms of Use (“Terms”). These Terms govern your access, use, and explain your rights and responsibilities when using the Website. You must not access or use the Website if you do not agree to these Terms. These Terms do not extend to any third-party sites which may be linked through the Website because they may or may not have separate terms of use that will apply.
ASSIGNMENT
You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.
ACCURACY OF YOUR INFORMATION
In connection with your use of the Website, you may input and store your information within the Website. You are responsible for the accuracy and completeness of all information you input and store within the Website.
VERTAFORE CONTENT
The information and material made available to you on the Website (collectively referred to as “Content”) may be downloaded, copied and printed solely for your educational purposes and for no other purpose. The Terms permit you to use the Website for your personal, non-commercial use only. You must not share the content or engage in behavior that violates the Website’s Intellectual Property Rights. (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.) Except as otherwise provided in these Terms, you may not copy, distribute, decompile, reverse engineer, disassemble, modify, attempt to derive the source code of or create derivative works of any of the material and/or Content. You must not use the Content to construct any kind of database without the prior express written permission of Vertafore.
VERTAFORE UPDATES
Vertafore may from time-to-time, without notice, in its sole discretion develop and provide updates to the Website, which may include bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, " Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Vertafore has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Website and be subject to all terms and conditions of this Agreement.
MISUSE AND LAWFUL PURPOSE
You must not misuse the Website. The Website is protected by U.S. and foreign copyright laws, trade secret and other proprietary laws. You agree not to delete any copyright or other proprietary notice on the Website. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). You agree not to use the Website in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the Website.
MONITORING AND LAW ENFORCEMENT
Vertafore has the right to monitor your usage on the Website and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Without limiting the foregoing, Vertafore has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Vertafore to disclose the identity or other information of users or materials used through the Website. YOU WAIVE AND HOLD HARMLESS VERTAFORE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YOU DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER VERTAFORE OR LAW ENFORCEMENT AUTHORITIES.
NO WARRANTY
There is no guarantee or warranty that files available for downloading from the internet or the Website will be free of viruses or other destructive code such as ransomware.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of lost data. The Website, its content and any services obtained through it are provided on an “as is” and “as available” basis, and, to the maximum extent permitted by law, any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed.
- WITHOUT LIMITING THE FOREGOING, NEITHER THE WEBSITE NOR ANYONE ASSOCIATED WITH VERTAFORE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER WHICH MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIABILITY
No liability is assumed for any loss or damages caused by any force majeure event, including, but not limited to, distributed ransomware, denial-of-service attacks, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of THE WEBSITE, any services obtained through THE WEBSITE, your downloading of any material posted to THE WEBSITE or on any website linked TO THIS WEBSITE. To the maximum extent permitted by law, no liability is assumed for any direct, indirect, incidental, special, exemplary, consequential or similar damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of THE WEBSITE, even if advised of the possibility of such damage.
Vertafore, its affiliates and subsidiaries and their respective directors, officers, employees, shareholders, representatives or agents (the “Vertafore Parties”) are not responsible for any claims made against or any other third parties offering products, services or information the Website. The Vertafore Parties expressly disclaim any responsibility or liability for any third party to fulfil any obligations under an agreement relating to such products, services or information. The Vertafore Parties do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any materials, products or services of insurance agencies or any other third parties.
INDEMNIFICATION
You will indemnify Vertafore Parties including our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your use of the Website, or your violation of the Terms.
TERMINATION
Your rights under these Terms will terminate automatically without notice if you fail to comply with any provision of these Terms. Your access may also be terminated, modified, removed, or disabled at any time. Upon the termination of these Terms, any rights to use or access the Website shall cease and all usernames and passwords shall become inactive, at which point you shall cease all use of the Website. If requested, you must, at our opinion, return or destroy any copies of the materials you have made. The failure to exercise or enforce any legal right or remedy which is contained in these Terms will not operate as a formal waiver of any available rights or remedies.
GOVERNING LAW
You agree that these Terms will be governed by the laws of the State of Colorado without regard to conflict-of-laws provisions. You agree that Vertafore retains sole and exclusive title to and ownership of the Website and is a third-party beneficiary to these Terms. You also agree to submit to the exclusive jurisdiction and venue of the courts located within the city of Denver, Colorado to resolve any legal matter arising from these Terms.
OUR ACCESS TO YOUR INFORMATION
By accessing and using the Website, you are also consenting to the collection, use and disclosure of your personal information permitted by law and in accordance with our Privacy Statement.
Terms Modification
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. When we do this, we will post the revised Terms on this page and will indicate the date of such revision. You are expected to check this page frequently, so you are aware of any changes, as they are binding.
YOUR COMMENTS AND CONCERNS
This Website is operated by Vertafore, Inc. 999 18th St, Suite 400, Denver, CO 80202. All notices of copyright infringement claims should be sent to notices@vertafore.com. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to marketingreply@vertafore.com.
Last Updated: September 16, 2020