|
ACCEPTANCE OF TERMS
Insurance Headlines provides its service to
you subject to the following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you. You can review the
most current version of the TOS at any time at: http://www.insuranceheadlines.com/terms_conditions.php.
In addition, when using particular Insurance Headlines owned or operated
services, you and Insurance Headlines shall be subject to any posted
guidelines or rules applicable to such services, which may be posted from
time to time. All such guidelines or rules (including but not limited to
our Spam Policy) are hereby incorporated by reference into the TOS.
Insurance Headlines may also offer other services that are governed by
different Terms of Service.
DESCRIPTION OF SERVICE
Insurance Headlines provides users with
access to a rich collection of resources, including various communications
tools, forums, news feeds, search services, personalized content,
financial content
and branded programming through its network of properties which may be
accessed through any various medium or device now known or hereafter
developed (the "Service"). You also understand and agree that the Service
may include advertisements and that these advertisements are necessary for
Insurance Headlines to provide the Service. You also understand and agree
that the Service may include certain communications from Insurance
Headlines, such as product & service announcements, sponsor messages and the
Insurance Headlines Newsletters, and that these communications are
considered part of Insurance Headlines subscriber services and you are allowed to opt out of receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the
release of new Insurance Headlines properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that
Insurance Headlines assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to the
Service, and that access may involve third-party fees (such as Internet
service provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
Unless otherwise noted, all materials, including, but not limited to, news
articles, images, illustrations, designs, icons, photographs, video clips
and audio clips that are part of the web site (collectively, the
"Content") are protected by copyright and owned, controlled or licensed by
Insurance Syndication, LLC, 9273 N Armenia Ave Suite #201, Tampa, FL,
U.S.A. (hereafter "Insurance Headlines.com") or the party credited as the
provider of the Content. You will abide by all additional copyright
notices, information or restrictions contained in any Content accessed
through the web site.
YOUR SUBSCRIBER & PUBLISHER OBLIGATIONS
In consideration of your use of the Service,
you represent that you are of legal age to form a binding contract and are
not a person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You also agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's ("Newsletter Subscription Form"
and "News Posting Form") and
(b) maintain and promptly update the data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Insurance Headlines has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Insurance Headlines has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). Insurance Headlines is concerned about
the safety
The Insurance Headlines web site Service is directed
to adults and is not directed to children under the age of 13. Insurance
Headlines cannot prohibit minors from visiting the web site. Insurance
Headlines must rely on parents, guardians and those responsible for
supervising children under 13 to decide which materials are appropriate
for such children to view and/or purchase. Insurance Headlines does not
permit registration by and will not knowingly collect personally
identifiable information from anyone under 13.
PRESS RELEASES, NEWS POST & BLOGS.
Insurance Headlines welcomes press releases,
news post and blogs from professionals and members of the public relative
to the insurance and financial industry. Insurance Headlines is a
specialized publication, so please limit your postings to matters
concerning the insurance and financial industry or to significant events
affecting it.
Press releases, news posts & blogs may be
sent by completing our online post form at http://www.insuranceheadlines.com/post_news.php.
There is a daily process for all press releases received.
Insurance Headlines objective is to post the top daily insurance articles
and newsletters that are interesting, informative and valuable to our
subscribers and readers. We reject some press releases because they are
really ads and not press releases, even though we are aware there can be
just a fine line between the two. Your press release should be sure to
include information that is newsworthy and/or educational. Users will
remain solely responsible for the content of their communications.
Insurance Headlines has the right but not the obligation to monitor,
reproduce, copy, distribute, modify, edit, create derivative works from
and publish your submissions (in original or edited form) on the Insurance
Headlines.com websites, newsletters, syndicated RSS feeds and java
scripts.
Your postings will be used only in a noncommercial manner. You will not,
without our express approval, distribute or otherwise publish any material
containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services. You specifically acknowledge that
soliciting other guests of the web site to join or become members of any
commercial online or offline service or other organization is expressly
prohibited.
You agree that you will not upload to, distribute through, or otherwise
publish on the web site any content which is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable that would constitute
or encourage a criminal offense, violate the rights of any party, or that
would otherwise give rise to liability or violate any law. In addition,
personal (ad hominem) attacks, social diatribes and political statements
(unless they pertain to insurance) are an improper and are strictly
prohibited on this web site.
SUBMISSIONS OF PRESS RELEASES, NEWS POST & BLOGS.
Submissions of articles, press releases,
news post, blogs and/or photographs/images for posting on the Website
("submissions") are encouraged at any time and must be submitted on our
online posting form located at http://www.insuranceheadlines.com/post_news.php.
Please inform us if any part of your submission has been previously
published, and if so, where and when it has appeared. Insurance Headlines
reserves the right to refuse to post or to accept for publication any
submission on the web site is our sole discretion.
By providing your submissions to us, you grant us a perpetual,
non-exclusive, irrevocable and royalty-free right and license to
reproduce, copy, distribute, modify, edit, create derivative works from
and publish your submissions (in original or edited form) on the Insurance
Headlines.com websites, newsletters, syndicated RSS feeds and java
scripts. You retain your copyright interest as owner and/or author of your
submissions and you retain all other proprietary rights in and to such
submissions. In our discretion we may add Insurance Headlines copyright notices to
submissions, where appropriate, if your submissions don't already bear an
appropriate copyright notice. When you provide submissions to us, you
represent and warrant that: (i) you are the sole author of the submission
and/or you own the copyright and/or you have sufficient authority from the
author or authors to grant us the rights and licenses set above; and (ii)
the submission is a work original to the author (unless identified by you
as containing original works of third parties) and that such submission,
including all third party works of authorship, does not infringe any
copyright, trademark, trade name (or knowingly infringe any patent or any
other proprietary right) of any third party.
Unless we execute a written agreement with you stating otherwise, neither
you nor any of your licensors will be paid for our use of any article,
text, photograph, image or other submission that you provide to us. Any
article, text, photograph, image or other published submission will remain
in the archives on the web site in perpetuity or until such time as the
web site removes the material.
We may transfer this license and its obligations hereunder at any time and
without prior consent to any corporate successor in interest, acquirer or
other entity that purchases or otherwise obtains substantially all of our
business assets or stock, or to any parent corporation or entity, any
subsidiary corporation or entity, or any of our divisions that are
operated as a separate business.
You will indemnify and hold harmless Insurance Headlines and all officers,
directors, shareholders, employees, authorized representatives and agents
form and against all claims and expenses, including attorneys' fees,
arising out of any messages, information or materials uploaded, posted,
distributed, or transmitted to or though this site by you.
Insurance Headlines has no responsibility for the content of any messages,
information or materials uploaded, posted, distributed, or transmitted by
you of this site. However, Insurance Headlines retains the right, but not
the obligation in its sole discretion, to monitor, review, delete or
refuse to post any third-party content that Insurance Headlines deems to
be objectionable.
INSURANCE HEADLINES PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, click here to see our full
privacy
policy. You understand that through your use of the Service you
consent to the collection and use (as set forth in the Privacy Policy) of
this information, including the transfer of this information to the United
States and/or other countries for storage, processing and use by Insurance
Headlines and its affiliates.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
INDEMNITY
You agree to indemnify and hold Insurance Headlines and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post,
transmit or otherwise make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of Insurance Headlines
articles, press releases, news post, blogs, newsletters and services.
MODIFICATIONS TO SERVICE
Insurance Headlines reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that Insurance Headlines
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
TERMINATION
You agree that Insurance Headlines may, under certain circumstances and
without prior notice, immediately terminate your Insurance Headlines
account, any associated email address, and access to the Service. The
privileges granted to you by these terms, including the maintenance of a
member account, will terminate immediately without notice from Insurance
Headlines if, in our sole discretion, you fail to comply with any
provision of these terms. Upon termination, you must destroy all content
obtained from the web site and all copies thereof, whether made under
these terms or otherwise. Insurance Headlines may take such further action
as Insurance Headlines determines to be appropriate under the
circumstances to eliminate or preclude repeat violations, and Insurance
Headlines will not be liable for any damages of any nature suffered by any
customer, user, or any third party resulting in whole or in part from
Insurance Headlines exercise of its rights under these terms and
conditions.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Insurance
Headlines shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Insurance Headlines has no
control over such sites and resources, you acknowledge and agree that
Insurance Headlines is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree
that Insurance Headlines shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
INSURANCE HEADLINES PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Insurance Headlines or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in
part.
RSS, RDF & JAVA SCRIPTS NEWS
FEEDS
Insurance Headlines grants you a personal,
non-commercial, non-transferable and
non-exclusive right and license to use our RSS, RDF & Java Script News
Feeds on a single domain URL; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any
right in the news feeds. You agree not to modify the RSS, RDF & Java
Script news feeds in any manner or form, nor to use modified versions of
the news feeds, including (without
limitation) for the purpose of profiting by unauthorized commercial use
which are strictly prohibited. You agree not to access the Service by any means other than
through the interface that is provided by Insurance Headlines for use in
accessing the Service.
The
RSS, RDF & Java Script
feeds are provided free of
charge for use by individuals and non-profit organizations for personal,
non-commercial uses. We ask that you provide attribution to Insurance
Headlines.com in connection with your use of the feeds. If you provide
this attribution in text, please use: "Insurance Headlines.com." If you
provide this attribution with a graphic, please use the Insurance
Headlines.com logo that we have included in the feed itself. We reserve
all rights in and to the Insurance Headlines.com logo, and your right to
use the Insurance Headlines.com logo is limited to providing attribution
in connection with these RSS feeds. We are also including the provider of
each individual news story in the feed alongside each headline. Please do
not alter this for display. We want our news partners to be attributed for
their work. Insurance Headlines.com also reserves the right to require you
to cease distributing these feeds at any time for any reason.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. INSURANCE
HEADLINES AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INSURANCE HEADLINES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
INSURANCE HEADLINES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSURANCE HEADLINES AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF INSURANCE HEADLINES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
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 ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections 18 and 19 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor beware" is
apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. Insurance Headlines and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions based on
such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third-party beneficiaries to this agreement.
NOTICE
Insurance Headlines may provide you with notices, including those
regarding changes to the TOS, by email, regular mail or postings on the
Service.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Insurance Headlines respects the intellectual property of others, and we
ask our users to do the same. Insurance Headlines may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts
of users who may be repeat infringers. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide
Insurance Headlines Copyright Agent the following information:
-
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or
other intellectual property interest;
-
a description of the copyrighted work or
other intellectual property that you claim has been infringed;
-
a description of where the material that
you claim is infringing is located on the site;
-
your address, telephone number, and email
address;
-
a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
-
a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
Insurance Headlines's Agent for Notice of
claims of copyright or other intellectual property infringement can be
reached as follows:
By mail:
Copyright Agent
c/o Insurance Headlines
9724 N Armenia Ave Suite #201
Tampa, FL 33612
By phone: (800) 323-5759
By email: copyright@insuranceheadlines.com
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
Insurance Headlines and governs your use of the Service, superseding any
prior agreements between you and Insurance Headlines with respect to the
Service. You also may be subject to additional terms and conditions that
may apply when you use or purchase certain other Insurance Headlines
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
Insurance Headlines shall be governed by the laws of the State of Florida
without regard to its conflict of law provisions. You and Insurance
Headlines agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Hillsborough, Florida.
Waiver and Severability of Terms. The failure of Insurance Headlines to
exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
Insurance Headlines login information are non-transferable and any rights
to your Insurance Headlines services or contents within your account
terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently
deleted.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
|
