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We may modify, replace, refuse access to, suspend or discontinue the website, or various of its features and functions, partially or entirely, or to change and modify terms of this User Agreement or any other terms concerning use of at any time and from time to time, without notice in ’s sole discretion. All of these changes shall be effective upon their posting on our website or by email communication to you. We reserve all rights not expressly granted to you under this User Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in and all related items.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.insurancethoughtleadership.com/terms of service). may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
The content of the pages of the website is for your general information and use only and is subject to change without notice.
The Service may contain links to third party websites that are not owned or controlled by . has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve from any and all liability arising from your use of any third-party website.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and content found or offered on the website for any particular purpose. You acknowledge that such information and content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or content on the website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the website meet your specific needs.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other content you may view on, access through, or contribute to the Service and includes, without limitation, any content, ideas, concepts, techniques and data communicated, disclosed or distributed on , in or through the Service.
You can get a copy of your invoice through Customer Support.
By uploading, sharing, posting or submitting information or Content to the website, for any purpose or in any context, you grant the right to use your name, likeness, image and voice (and the name, logo, and other branding icons, or phrases of your company or employer, to the greatest extent possible), in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Content and the Services and you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith.
Also, by uploading, sharing, posting or submitting information or Content to the website, you further agree as follows:
Further, cannot guarantee that other members or Visitors will not use the ideas, information or Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it. IS NOT RESPONSIBLE FOR ANY THE USE, MISUSE OR MISAPPROPRIATION, BY YOU, OR ANY OTHER MEMBER OR VISITOR, OF ANY CONTENT OR INFORMATION POSTED ON THE SITE
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
You may terminate this Agreement, for any or no cause, at any time, with written notice to which shall be effective upon processing such notice and your cessation of use of . may terminate this User Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by or the party paying for such services.
The website and Services contain material and Content which is owned by or licensed to us. The website, including, but not limited to, the design, layout, look, appearance and graphics (the “look and feel” of the website) is the sole property of . You are prohibited from copying, reproducing or otherwise using the content relating to other Users of for any purpose other than for those purposes strictly related to use of the services for personal purposes. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. It is a breach of this Agreement and you are absolutely prohibited from reproducing (i) any of the Content on the website or (ii) the look and feel of the website, or from scraping, copying or undertaking any other act which results in the use of any such scraped, copied or otherwise obtained content in any manner that could in any sense be construed as competitive or confusing. All trademarks reproduced on the website which are not the property of, or licensed to, are acknowledged on the website. Unauthorised use of the website may give rise to a claim for damages and/or be a criminal offence.
respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our Agreement requires that content posted or uploaded to the website be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, provides a process for submission of complaints concerning content. Our policy and procedures are described and/or referenced in the sections that follow.
Please note that whether or not we disable access to or remove content, may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the thought leader or Member who posted the content and/or take other reasonable steps to notify the thought leader or Member that has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Notice of Copyright Infringement:
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), has implemented procedures for receiving written notification of claimed infringements. has also designated an agent to receive notices of claimed copyright infringement.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide ’s Copyright Agent the following information:
’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at email@example.com
Insurance Thought leadership, Inc.
ATTN: Copyright Agent
990 Reserve Dr., Suite 120
Roseville, CA 95678, USA
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with ’s Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to the ’s Copyright Agent for Notice that includes the following information:
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
The content found on the website are generally provided by thought leaders, members and users of our Services, and other third parties, and are not necessarily held by , those third parties who sponsor or provide content in or through various portions of the website, or in some cases, the employers or other related parties of the thought leaders themselves. Content found on the website does not and shall not be construed to purport to provide legal, accounting, or other professional advice or opinion.
In the interests of full disclosure, you should know that Insurance Thought Leadership is a paid affiliate of some of the companies to which we link. For example, Insurance Thought Leadership is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
The Services may from time to time include the ability for you to submit questions to certain types of professionals, including but not limited to attorneys and accountants, and even request that specific professionals respond to your questions. A communications exchange within that aspect of the Services may give rise to a professional-to-client relationship, such as an attorney-client relationship, or representation of limited scope and duration between you (the “client”) and the professional that responds to your submitted question.
The information contained on the website informational purposes only and is not legal, tax, financial nor other professional advice or counsel. The information may or may not reflect the most current legal, tax, financial or other developments and, accordingly, it is not promised or guaranteed to be correct or complete. Additionally, as laws vary from state to state and are constantly changing, only a lawyer can provide users with specific advice to rely on. is a publisher of general information and not professional advice; is not a law firm, accounting firm, financial advisor or other professional organization with expertise to provide specific advice on a particular topic. is not a substitute for an attorney’s, accountant’s or similar professional’s advice. If you desire or require professional advice, please consult a qualified provider who is licensed in your locale. and its users (including users who provide content that is available on the website) expressly disclaim all liability in respect to actions taken or not taken based on any of the contents of this website. You agree that under no circumstances will , its affiliates, or any thought leaders identified on the website (including, without limitation, the home page, any forums, bulletin boards, communities or other locations available on the site) be responsible for (1) any information contained on or omitted from the website(s), (2) any person's reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of the sites, (4) any person's satisfaction with any professional, whether relating to that professional’s competence, diligence, or otherwise, (5) the results of any advice given by or representation from any professional, or (6) the delay, failure or refusal of any professional to respond or consult to you.
You agree that you understand that the professionals who participate in the Service by providing any advice in response to a question submitted by another user ("Professional Members") are not affiliated with, employed by or agents of . Although Professional Members may provide basic information about themselves to (for example, information about the jurisdictions in which they are licensed and information about areas in which they practice and consider themselves competent and knowledgeable), and although such Professional Members may provide or upload Content (“Professional Member Content”) to the website, and although does rely upon and pass on this information to Users for their use, does not separately verify this information and makes no representations as to the qualifications of any Professional Members.
No such Professional Member Content contained on the Website or provided through the Services, constitutes an endorsement by or any of our affiliates of any particular professional or a guarantee of any personal and professional qualities or characteristics of a professional or any advice or opinion such Professional Member may render. does not verify nor warrant or guarantee that every individual who holds him or herself out as a professional is in fact registered to provide professional advice in the jurisdictions which he or she may claim.
You are encouraged to investigate or perform your own due diligence concerning Professional Members and their qualifications. No listing of any Professional Member on this website, and no information of any kind or answers provided by any Professional Member, constitutes an endorsement, recommendation or referral of any Professional Member. Some Professional Members will receive compensation or must make payments to in order to become a Professional Member of or in order to answer any questions by Users on ’s website.
This website is not intended to create, and does not create, a professional-to-client relationship including but not limited to attorney-client, auditor-client or any advisor-client relationship, and are not subject to standards or requirements of confidentiality and/or privilege associated therewith, nor does it ensure confidentiality between you and or between any of its users, and you should not act or rely on any information in this website.
However, if a professional-to-client relationship does arise through any Services, the scope and duration of any professional-to-client relationship or representation between the Professional Member and client arising through an exchange of communication via the Services is limited by the subject matter and nature of the exchange. The scope of this limited professional-to-client relationship or representation extends only to the substance of the submitted question. The Professional Member is under no duty to further investigate, follow-up, review, pursue, take further action, or to continue to represent the client. The duration of such professional-to-client relationship or representation is presumed to end as soon as the responding Professional Member provides the last answer or follow-up communication in the exchange. You acknowledge and understand that in limited circumstances, may be required or permitted by law to disclose such communications. Furthermore, shall have the perpetual, irrevocable, non-exclusive world-wide right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute your questions, comments, and/or the corresponding answers without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. Unless you affirmatively elect not to disclose your identity when you submit a question through the Service, will publicly disclose your identity with your questions or comments.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the websites and services. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, "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." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
If you are an attorney or any other professional, you agree and understand that any malpractice liability which may result from your use or provision of any Services is your sole responsibility and hereby waive, absolve, indemnify, and release from any liability, loss, or damage resulting from any malpractice claim arising directly, indirectly, consequentially, or historically from any contact, content, communication, advice, consultation, or representation made using any Services as a conduit. You further agree and understand that by using the website and ’s Service, you release, absolve, and indemnify from responsibility or liability for loss or damage of any kind, including legal or attorney's fees, incurred by you or your clients or prospective clients for any reason whatsoever.
reserves the right to withhold, remove and or discard any Content available as part of your account, or contained or reproduced on any portion of the website relating to you, if any, or otherwise contained or reproduced on the website, with or without notice at any time and from time to time, in ’s sole discretion. For avoidance of doubt, has no obligation to store, maintain or provide you a copy of any Content that you or other Users provide or upload when using the Services.
You authorize and direct to make such copies of any Content you provide as we deem necessary in order to facilitate posting and storing content you post to the website. Once you upload Content to the Website, you may not remove such Content and the license granted by you to such Content shall NOT expire, although reserves the right to remove any such Content from the website. reserves the right to close, suspend or otherwise restrict access to any User account at any time and from time to time at ’s sole discretion for any reason or for no reason and without prior notice.
You acknowledge and agree that we may send you important information and notices regarding by posting on the website, by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about , and that you allow to update you profile data using third party data sources so that we may keep your professional profile information current. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to , among other things: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of , its Users and the public. Further, you acknowledge and agree that may use information you have shared with us, including but not limited to your title, industry, geography and other User-provided information, to provide you with targeted ads that you may find more pertinent than untargeted ads.
and its Users may include or automatically produce links to third party web sites (“Third Party Sites”). is not responsible for and does not endorse any advertising, products or other materials or content on or available from or through such web sites or resources. may also include 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 Applications, Software or Content"). If you decide to leave and access the Third Party Sites or to use or install any Third Party Applications, Software or 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 procedures, of any site to which you navigate from or relating to any applications you use or install from the site.
You are solely responsible for your interactions with other Users. reserves the right, but has no obligation, to monitor disputes between you and other Users and to terminate your account if determines, in its sole discretion, that doing so is prudent.
Without prior notice may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
TO THE EXTENT ALLOWED UNDER LAW, (AND THOSE THAT WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 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.
IN NO EVENT SHALL , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL THE LIABILITY OF (AND THOSE THAT WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000, EVEN IF IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THE PRECEDING SENTENCE SHALL APPLY REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL ALSO APPLY TO ANY PROFESSIONAL-CLIENT COMMUNICATION, RELATIONSHIP, OR REPRESENTATION WITH ANY PROFESSIONAL OR CLIENT IDENTIFIED THROUGH YOUR USE OF ANY SERVICES, OR RELATING TO PROFESSIONAL ADVICE OR INFORMATION YOU RECEIVE, VIEW, ACCESS, OR OTHERWISE OBTAIN VIA ANY SERVICES, AND ANY USE OF OR RELIANCE UPON SAID INFORMATION OR ADVICE IS SOLELY AND ENTIRELY AT YOUR OWN RISK.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
The Service is controlled and offered by from its facilities in the United States of America. makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Insurance Thought Leadership, Inc., Roseville, California, USA, August 3, 2016
© Insurance Thought Leadership, Inc., 2016. All rights reserved
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