Welcome to the web site of Insurance House and its affiliated companies! These Terms of Use (“Terms”) govern your access and use of this web site.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND CONSTITUTE A LEGALLY BINDING AGREEMENT.
By accessing and/or using the web site and its functionality, you agree to be bound by these Terms. If you do not agree to these Terms, then you are not authorized to access this web site, whether you have registered with us or not. For the purposes of these Terms, “you” or “your” refers to you, the person accessing this web site, and “we” or “our” refers to Insurance House and its affiliated companies. The services and functionality provided on this web site are called the “Services.”
You may transact business with us using paper documents rather than through this web site and the Services. If you want to transact business using paper, contact us as normal rather than using this web site. However, if you use this web site, you are consenting to do business with us electronically for the particular activity for which you use this web site. For example, it may be possible to submit a claim or pay for your insurance on this web site. If you do so, you have irrevocably elected to transact business with us electronically for that activity. Transacting business electronically does not require you to transact business with us electronically in the future unless you expressly agree to do so. For example, providing claims information or paying for insurance using this web site does not prevent you from contacting us about the claim through other means or paying future insurance premiums by check.
By providing us with information, including, but not limited to, claims information and credit card information, you agree to provide accurate, truthful and complete information.
Privacy Policy
Use of information you provide or we receive from you as a result of your access or use of the web site or the Services are governed by our Privacy Policy, which may be accessed by clicking {here}[add link]. As a condition of using the web site or Services, you agree to the terms of the Privacy Policy, as it may be changed from time to time. We will provide you notice of any significant changes by placing a link on the home page of this web site, by email, or other communication.
Changes to These Terms of Use
We reserve the right, at our sole discretion, to update or revise these Terms at any time without further notice. If we update or revise these Terms, we will post the updated Terms at this location and will indicate at the bottom of this page the date the Terms were last updated. Any changes shall be effective immediately upon posting on the web site. Your continued use of the web site or Services following the posting of any changes to these Terms constitutes acceptance of those changes. It is your responsibility to regularly check these Terms for changes and to review those changes.
Account, Password and Security
To use certain Services, you will be required to register. You will receive a password and account designation upon completing the registration process on the web site. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
The Services are only available to users who are at least 13 years old. If you are under 13, you may not register to use the Services.
Payments Using the Web Site
If we offer the ability to make payments to us on this web site or through the Services, you hereby agree to all restrictions, terms and conditions associated with such form of payment. Your credit or debit card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your payments (including any applicable taxes) at the rates in effect when the charges were incurred. If we do not receive payment from your credit or debit card issuer or its agent, you agree to pay all amounts due upon demand by us. You are responsible for paying any governmental taxes imposed on your payments, including, but not limited to, sales and use taxes.
Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the web site and the Services. We do not control the Content received from third parties and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 web site or the Services.
You agree to not use the web site and Services to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the web site or the Services or servers or networks connected to the web site and Services;
j. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
k. "stalk" or otherwise harass another; and/or
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any Content that is available via the web site. Without limiting the foregoing, we shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety and of the other users of this web site and Services.
You understand that the web site and Services and software embodied within the web site and Services may include security components that permit digital materials to be protected. You may not attempt to override or circumvent any of the usage rules embedded into the web site or Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the web site, in whole or in part, is strictly prohibited.
Content Submitted or Made Available by You
We do not claim ownership of Content you submit to or make available for inclusion on the web site or provide in connection with the Services. However, with respect to such Content, you grant us the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, create derivative works of, adapt, publicly perform and publicly display such Content, whether on the web site or otherwise, to display on the web site or provide the Services.
Indemnity
You agree to indemnify and hold us and our 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, modify or otherwise make available through the web site or the use of the Services, your use of the Services, your violation of these Terms, or your violation of any rights of another.
Modifications to Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the web site and the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the web site or any Services (or any part thereof).
Termination
We may, without prior notice, immediately terminate, limit your access to or suspend your access to the web site and access to or use of the Services for any reason or for no reason. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the web site or Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your access to the web site or the Services.
Links
The web site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are 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 we 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. Our privacy policy does not apply to those third party sites.
Proprietary Rights
You acknowledge and agree that the web site and Services and any necessary software used in connection with the web site and Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content of third parties contained on the web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the web site, the Services, such Content or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEB SITE AND SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE CONTENT, SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR 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 TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEB SITE OR SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE OR SERVICES 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 WEB SITE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, 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 US OR THROUGH OR FROM THE WEB SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEB SITE OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE WEB SITE OR SERVICES.
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 MAY NOT APPLY TO YOU.
Trademark Information
You agree that all of our trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of ours (the "Marks"). Without our prior permission, you agree not to display or use in any manner the Marks.
Notice and Procedure for Making Claims of Copyright Or Intellectual Property Infringement
We respect the intellectual property of others. If you believe that any material on the web site infringes upon any copyright which you own or control, please send a written notification of such claim to:
The Insurance House, Inc.
Attn: Chief Compliance Officer
1904 Leland Drive, SE
Marietta, GA 30067-6102
800-282-7024
General Information
These Terms do not affect any other agreement that may exist between you and us, including, but not limited to, any insurance contract with us. These Terms constitute the entire agreement between you and us governing your access and use of the web site and the Services, superseding any prior version of these Terms. You also may be subject to additional terms and conditions that may apply when you use certain Services.
You and we each agree that these Terms and the relationship between the parties shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect.