Conditions of Use of the BollingerInsurance.com Web Site
January 1, 2004
YOUR USE OF THIS AND ANY OTHER BollingerInsurance.com WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
This and all other BollingerInsurance.com websites (“Web Site”) is a service made available by Bollinger, Inc. (“Provider”) and all content, information and software provided on and through the Web Site (“Content”) may be used solely under the following terms and conditions (“Conditions of Use”).
- Security. Despite the security measures taken by Provider, there is an inherent risk in disclosing personal information over the Internet. Anyone electronically transmitting personal information assumes the risk that such information may be disclosed or intercepted by unintended third parties and Provider disclaims all liability resulting from such interception or disclosure. Anyone who wishes to communicate with Provider but is concerned about such inherent risk of disclosure may contact Webmaster, at (800) 350-8005 at extension 1237, to determine another method of communication.
- Web Site License. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and Content in accordance with these Conditions of Use. Provider may terminate this license at any time, for any reason.
- Intellectual Property Rights. Bollinger®, Count On Us For MoreSM and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on this website, registered or not, are the property of Bollinger, Inc. This website and its content are protected by copyrights, trademarks, service marks and other intellectual property rights. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of Bollinger, Inc. Unauthorized use may violate intellectual property laws.
- Limitations of Use. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Web Site or the Content. You may not copy, modify, reproduce, republish, distribute, display, or transmit all or portion of the Web Site, except as specifically allowed by Provider. Any unauthorized use of the Web Site or its Content is prohibited.
- License of Your Content to Provider. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology.
- Registration. Certain sections of the Web Site require you to register. If registration is requested, you agree to provide Provider with accurate, complete registration information. Provider does not permit access through a single name being made available to multiple users on a network and you are responsible for preventing such unauthorized use.
- Errors and Corrections. Provider has the right to discontinue, change, or update any data, information, or material included in the Web Site without prior notice. Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate or timely unless specifically required by law.
- Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider is not responsible for and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or linked to the Web Site. You understand that the information and opinions in the third party content is neither endorsed nor agreed with by Provider.
- Disclaimer. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THE WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF; (D) YOUR USE OF THE WEB SITE; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
- Limitation of Liability. Provider shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT. To the extent the foregoing limitation of liability is prohibited, Provider’s sole obligation to your for damages shall be limited to $1,000.
- Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of the Conditions of Use and to take any action deemed appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, IP addresses and traffic information.
- Governing Law and Jurisdiction. The Conditions of Use are governed by and construed in accordance with the laws of the State of New Jersey.
- Severability of Provisions. If any provision of these Conditions of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.