Terms of Use

Terms of use for the Insurity, Inc. website

IMPORTANT – THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND INSURITY, INC., A DELAWARE CORPORATION. READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THESE TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EXIT THIS PAGE WITHOUT ACCESSING OR USING THE WEBSITE.

1. CONDITIONS ON USE OF WEBSITE. Insurity, Inc., a Delaware corporation (“Insurity”), makes this website (the ” Website”), including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all information and Materials provided by Insurity (“Insurity Content”) and all services operated by Insurity and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Insurity may publish from time to time (collectively, the “Terms of Use”) and further subject to the Privacy Statement on the Website.

2. USE INDICATES CONSENT TO THESE TERMS. By accessing or using this Website in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Website, you agree to and are bound by these Terms of Use.

3. RIGHT TO CHANGE TERMS OF USE. Insurity reserves the right to change the Terms of Use and other guidelines or rules posted on the Website from time to time at its sole discretion. Your continued use of the Website, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Website will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Website at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates.

4. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS. The Materials and Services on this Website, as well as their selection and arrangement, are protected by copyright, trademark and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Website may violate such laws and these Terms of Use. Except as expressly provided herein, Insurity and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website. You agree that Insurity shall be the owner of any suggested feature changes and ideas for enhancements and any other material submitted by you or described in any user feedback or comments submitted by means of the Insurity Website and hereby assign to Insurity all right, title and interest to such feedback and comments and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral rights or other intellectual property rights. Nothing herein shall be construed as an obligation of Insurity to use any of the feedback or comments in any manner or to treat such feedback or comments as confidential information.

5. ACCESS TO THIRD PARTY SERVICES. In addition to the Materials and Services offered by Insurity, this Website may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements and privacy policies that accompany such services. Insurity offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Insurity. You agree that you will not hold Insurity responsible or liable with respect to the Third Party Services or seek to do so.

6. USE OF CONTENT LIMITED. Except as expressly indicated to the contrary elsewhere on this Website, you may view, download, and print the Insurity Content available on this Website subject to the following conditions:

A. The Insurity Content may be used solely for personal, informational, and internal purposes.

B. The Insurity Content may not be modified or altered in any way.

C. The Insurity Content on the Website may not be distributed or sold, rented, leased, or licensed to others.

D. You may not remove any copyright or other proprietary notices contained in the Insurity Content.

E. Insurity reserves the right to revoke the authorization to view, download, and print the Insurity Content available on this Website at any time, and any such use shall be discontinued immediately upon notice from Insurity.

F. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the Insurity Content available on this Website are not applicable to the design or layout of this Website. Elements of this Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

7. TRADEMARKS. The trademarks, logos, and service marks (“Marks”) displayed on this Website are the property of Insurity or other third parties. You are not permitted to use the Marks without the prior written consent of Insurity or such third party that may own the Marks.

8. WARRANTIES AND DISCLAIMERS. Except as expressly provided otherwise in a written agreement between you and Insurity or you and a third party with respect to such party’s materials or services, this Website, and all Materials and Services accessible through this Website are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Insurity makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Website will meet your expectations; and (v) any errors in the Services or Materials obtained through the Website, or any defects in the Website, its Services or Materials, will be corrected. Insurity makes no commitment to update such Materials or Services.

9. NO ENDORSEMENT. You understand and acknowledge that (i) unless expressly stated, Insurity does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Website, including, without limitation, third party vendors and third parties accessible through links on the Website; (ii) Insurity makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Insurity shall not be liable or responsible for any content, products, or services offered by third parties.

10. ASSUMPTION OF RISK BY YOU. The use of the Services or the downloading or other use of any Materials through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Insurity assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Website or in connection with any Services or Materials offered through the Website. No advice or information, whether oral or written, obtained by you from Insurity or through or from the Website shall create any warranty not expressly stated in these Terms of Use.

11. PERSONAL INFORMATION AND PRIVACY. Except as otherwise expressly set forth herein, your Personal Information will be deemed to be confidential only to the extent described on our Privacy Statement. Any non-personal information or material sent to Insurity will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Insurity or others or as otherwise described in our Privacy Statement.

12. LIMITATION OF LIABILITY. In no event, including, without limitation, negligence, shall Insurity, its affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Insurity has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Website, its Services, or Materials, the statements or actions of any third party on or through the Website, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Website that are delayed or interrupted, or any website referenced or linked to or from this Website.

13. INDEMNITY AND LIABILITY. You agree to indemnify and hold Insurity, and its affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.

14. GOVERNING LAW AND JURISDICTION. This Site (excluding linked sites) is controlled by Insurity from its offices within the state of Connecticut, United States of America. By accessing this Website, you and Insurity agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Connecticut, without regard to the conflicts of laws principles thereof. You and Insurity also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Connecticut with respect to such matters.

15. MISCELLANEOUS. The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Website constitute the entire agreement between Insurity and you with respect to your use of the Website. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Insurity to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

© 2012, Insurity, Inc.

Updated May 21, 2013