Updated: September 11, 2013
BY ACCESSING AND USING THE WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TOALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS, DO NOT USE THE WEBSITE IN ANY MANNER. If you are using the Website on behalf of your employer or another person, you represent that you are authorized to accept these Terms on your employer's or such other person's behalf.
Vertafore Producer Lifecycle Management may change, modify, update, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Website following the posting of any changes will signify your acceptance of those changes.
Through its Website, Vertafore Producer Lifecycle Management provided you with access to a variety of resources including product and service information. All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, demo software or other software, and services, if applicable ('Materials'), are provided either by Vertafore Producer Lifecycle Management or by others and may be copyrighted. Vertafore Producer Lifecycle Management herby grants you limited permission to use Vertafore Producer Lifecycle Management provided Materials on the Website subject to the terms and conditions of this Agreement provided the use of such Materials is solely for your own informational use. Unless stated with the Materials, none of the Materials may be copied, reproduced, distributed, republished, down loaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic , mechanical, photocopying, recording, or other means, without the prior express written permission of Vertafore Producer Lifecycle Management and/or the appropriate owner. In the event you download software, such as demo software, from the Website as explicitly permitted by terms included with such software, the software, including any files, images incorporated or generated by the software, and data accompanying the software (collectively, the 'Software') are licensed to you by Vertafore and/or third party providers ('Third Party Providers'). The Software may be used in accordance with any license terms provided with the Software. In the event no license terms are provided with Vertafore Producer Lifecycle Management provided Software, Vertafore Producer Lifecycle Management grants to you a non-exclusive, revocable, personal, non-transferable limited license to use such Software, solely for our own personal use, subject to the terms and conditions of this Agreement. Vertafore Producer Lifecycle Management and/or Third Party Providers do not transfer title to the Software to you. You own the medium on which the downloaded Software is recorded, but Vertafore Producer Lifecycle Management and /or Third Party Providers retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Any unauthorized use of any Materials contained in this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, or other applicable law.
While using the Website you agree that you will not use the Website (i) for any purpose that is unlawful or prohibited by these Terms, or (ii) in any manner that could damage, disable, overburden, or impair any Vertafore Producer Lifecycle Management server, or the network(s) connected to any Vertafore Producer Lifecycle Management, or interfere with any other party's use and enjoyment of the Website. There are blogs and may be other discussion groups, chat areas, bulletin boards, feedback areas, or other areas where you are able to participate on this Website (:Forums'). Your use of the Website and the Forums is conditioned on your compliance with the Rules of conduct set forth in this section. You agree that you will not use the Website or any Forums offered on the Website to post, upload or distribute any of the following:
In addition to the limitations above, you may not use the Website to:
Any failure to comply with the Rules of Conduct set forth in this Section may result in termination of your access to the Website pursuant to the Termination section below.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to the Website (each a 'Submission'), you acknowledge that such Submission is non-confidential and you automatically grant (or warrant that the owner of such rights has expressly granted ) to Vertafore Producer Lifecycle Management a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, sublicenseable (through multiple tiers) right and license to use, reproduce, modify, adapt, publish, perform and display (whether publicly or otherwise), transmit, and distribute such Submission in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the Submission have been waived. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Website, comply with all applicable laws, rules and regulations.
You are solely responsible for any and all information, including Customer Data, submitted to or through the Website. This sole liability shall extend to all transactions processed via the Website. Vertafore Producer Lifecycle Management has no responsibility or liability for the content, accuracy, or completeness of any such information submitted by you or any vendor, licensee, customer, or provider of goods or services to you. Without limiting the foregoing, you are required to use your best efforts to assure that all information submitted or provided through the Website is: (i) accurate, complete, and correct; (ii) does not violate any applicable federal, state, local or international statute, law or regulation to which any transaction shall be applicable; (iii) does not infringe upon or violate the proprietary or intellectual property rights including trade name, trademark, copyrights, or patent interests of any third party; and (iv) does not contain obscene, unlawful, harassing, defamatory, discriminatory, or libelous content. You further represent and warrant you possess all rights, title and interest including applicable intellectual property rights to submit such information to or through the Website.
You acknowledge and agree that Vertafore Producer Lifecycle Management reserves the right (but not the obligation) to do one or more of the following in Vertafore Producer Lifecycle Management's discretion, without notice or attribution to you: monitor Submissions as well as access to the Website; (ii) alter, remove or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Website; to protect Vertafore Producer Lifecycle Management, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Website's users and visitors. Vertafore reserves the right at all times to disclose any information as Vertafore Producer Lifecycle Management deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials , in whole or in part, in Vertafore Producer Lifecycle Management's discretion.
The Website may contain links to third party websites which are not under the control of Vertafore, and Vertafore is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Vertafore Producer Lifecycle Management is providing these links to you only as a convenience, and the inclusion of any link does not imply that Vertafore endorses or accepts any responsibility for the content on such third-party site.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE AND ALL INFORMATION, CONTENET, SOFTWARE, AND ANY OTHER MATEREIALS ON THE WEBSITE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND AND VERTAFORE PRODUCER LIFECYCLE MANAGEMENT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTITES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING BY NOT LIMITED TO IMPLIED WARRANTIES OF MERECHANTABILIY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. VERTAFORE PRODUCER LIFECYCLE MANAGEMENTMAKES NO WARRANTY THAT THE WEBSITE OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ACCESS TO THE WEBSITE OR ANY MATERIALS WILL BE UNINTERUPTED, TIMELY, SECURE, OR ERROR-FREE, OR RESULTS FROM THE USE OF THE WEBSITE OR ANY MATEIALS WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VERTAFORE PRODUCER LIFECYCLE MANAGEMENT SHALL NOT BE LIABLE FOR NAY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTNAGIBLE LOSSES (EVEN IF VERTAFORE PRODUCER LIFECYCLE MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:, RESULTING FROM THE USE OF THE INAVBILITY TO USE THE WEBSITE OR ANY MATERIALS, REMOVCAL OR TERMINATION OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERANTION OF YOUR TRANSMISSIONS OR DATE, ERRORS OR OMISSIONS IN CONTENT ON THE WREBSITE, STATEMENTS OR CONDUCT OF ANY THIRD APARTY ON THE WEBSITE, OR ANY OTHER MATTER RELATING TO THE WEBSITE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY MATERIALS IS TO STOP USING THE WEBSITER ANDY ANY MATERIALS, THE MAXIMUM LIABILITY OF VERTAFORE PRODUCER LIFECYCLE MANAGEMENT FOR ALL DAMAGES, LOSSESS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO VERTAFORE PRODUCER LIFECYCLE MANAGEMENTTO ACCESS AND USE THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU.
You and Vertafore Producer Lifecycle Management agree that any claim or controversy at law or in equity that arises out of these Terms or your use of the Website shall be governed by Washington law (without regard to conflict of law provisions) and all claims and actions related hereto shall be brought in the appropriate state or federal court located in King County, State of Washington.
You shall indemnify, defend and hold Vertafore Producer Lifecycle Management, its affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions arising out of your use of the Website.
You agree that Vertafore Producer Lifecycle Management may, in its sole discretion, at any time for any reason or no reason, without notice, terminate your access to this Website, including if Vertafore Producer Lifecycle Management believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
These Terms constitute the entire agreement between you and Vertafore Producer Lifecycle Management regarding the subject matter, and govern your use of the Website. The failure of Vertafore Producer Lifecycle Management to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give the effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.