Terms and Conditions of Your Access to Fireman's Fund Insurance Company's Websites ("THIS AGREEMENT")
Unless otherwise indicated in THIS AGREEMENT, parties shall be identified as follows: "YOU" or "YOUR" means both you and any company on whose behalf you may be using this WEBSITE (defined below), including but not limited to, the entity for which you work; "WE", "US" or "OUR" means Fireman's Fund Insurance Company.
By accessing any of Fireman's Fund Insurance Company's websites, or pages thereof, ("WEBSITE"), YOU are agreeing that in return for OUR permission to access the WEBSITE, YOU will be bound by and comply with all of the terms and conditions set out in THIS AGREEMENT. THIS AGREEMENT imposes legal obligations on YOU and affects YOUR legal rights with respect to use of this WEBSITE. Please read it carefully before accessing this WEBSITE.
3. WEBSITE OWNERSHIP/COPYRIGHTS/TRADEMARKS/INTELLECTUAL PROPERTY
This WEBSITE and all its content, including any and all text, data, graphics, logos, or other material, information or content found in this WEBSITE is OUR proprietary content or is the proprietary information or data of a third party owner, who has given US permission to display their content. All such content on this WEBSITE, whether text, data, graphics, logos, material, information or otherwise is hereinafter referred to as "CONTENT".
The CONTENT of this WEBSITE is protected by copyright, trademark and intellectual property laws of the United States and of foreign countries. Unauthorized use of the CONTENT may violate those laws. YOU must retain all copyright and other proprietary notices contained in the original CONTENT on any copy YOU make of any of the CONTENT. YOU may not sell or modify the CONTENT or reproduce, display, publicly perform, distribute or otherwise use the CONTENT in any way for any public or commercial purpose without OUR express permission or that of the third party owner. YOU may not use any of the CONTENT on any other party's website or on any other networked computer environment for any purpose whatsoever. If YOU use any CONTENT without expressed permission from the owner of that CONTENT, whether US or a third party, WE or that third-party owner may pursue whatever legal options WE or they have, including criminal prosecution.
4. LIMITED LICENSE TO USE
Subject to the terms of THIS AGREEMENT and to any restrictions that may apply to the CONTENT of others, WE authorize YOU to view and download a single copy of the CONTENT as displayed on this WEBSITE solely for internal use or reference only and not for any other commercial or personal use. If YOU wish permission to make multiple copies of any CONTENT, YOU must contact US and make that request. Permission for YOU to make multiple copies of any CONTENT will be at OUR sole discretion.
5. CHANGES TO TERMS AND CONDITIONS
WE may, at OUR sole discretion, change, modify or revise the terms and/or conditions of THIS AGREEMENT at any time. YOU agree that by accessing this WEBSITE after the effective date of any such change, modification or revision, YOUR use of this WEBSITE will be bound by any such change, modifications or revisions.
6. DISCLAIMER - NO SOLICITATION
The CONTENT is made available to YOU for informational purposes only. Neither we, nor any of OUR affiliated insurance companies, sell insurance or solicit applications for insurance of any sort via this WEBSITE. References in the CONTENT or otherwise to any of OUR or OUR affiliated companies' products or services that may be found on this WEBSITE are not intended to constitute offers to sell or solicitations in connection with any insurance product or service.
7. DISCLAIMER - NO INSURANCE COVERAGE CREATED
WE may make insurance policy-related information accessible through this WEBSITE. That information may include records of the insurance policies actually issued to an insured. If WE make such records accessible through this WEBSITE, only those records and nothing else in the CONTENT of this WEBSITE constitute evidence of any insurance policy or the coverage terms, conditions and/or exclusions of any insurance policy. Nothing in the CONTENT of this WEBSITE, and no statement in the CONTENT of this WEBSITE alters, modifies, changes, or creates any term, condition or exclusion of, or the coverage provided or excluded through or by any term, condition or exclusion of any insurance policy. The insurance policy, insurance policy coverage forms and/or insurance policy endorsements actually issued to an insured, and not any CONTENT or any statement in the CONTENT of this WEBSITE, forms the contract between the insured and the insurance company.
Neither we, nor any of OUR affiliated companies, shall be held responsible for any versions or copies of any insurance policy, insurance policy coverage forms, endorsements or applications or related information provided as CONTENT on this WEBSITE or on or in any linked websites that is altered, revised, changed, or misprinted by YOU, or that is altered, revised, changed, misprinted or corrupted as a result of transmission over the Internet, or as a result of interaction with any computer or internet-based programming code, whether describable as a "virus," "worm," "Trojan Horse," or by any other description, that is designed to or intended to damage, alter, change or in any way to modify information or data from that originally created, presented or displayed on or access through this WEBSITE.
8. DISCLAIMER - NO WARRANTIES
WE WILL USE REASONABLE CARE TO PROVIDE ACCURATE INFORMATION, BUT WE DO NOT GUARANTEE OR WARRANT THE CONTENT FOUND ON THIS WEBSITE IS ACCURATE. WE DISCLAIM ANY LIABILITY FOR ANY INADVERTENT INACCURACY.
THIS WEBSITE AND ANY OF THE CONTENT PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, OUR EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY, AND YOU MAY NOT AND SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE
9. DISCLAIMER - LIMITATION OF LIABILITY/DAMAGES
YOUR use of this WEBSITE and/or any CONTENT is at YOUR own risk. If YOU are dissatisfied for any reason with this WEBSITE, or the CONTENT, or with the terms of THIS AGREEMENT, YOUR sole remedy is to discontinue using this WEBSITE and/or the CONTENT.
10. DISCLAIMER - LINKS OUT TO OTHER SITES
This WEBSITE may contain links to third-party websites. These links are provided solely as a convenience to YOU, and not as an endorsement by US of the content of such third-party websites, or of the products or services marketed or made available through those websites.
WE are not responsible for the content of linked third-party sites, and WE make no representations regarding the content or accuracy of materials on such third-party websites. If YOU decide to access linked third-party websites, YOU do so at YOUR own risk. WE are not a distributor, marketer, or reseller of the products or services offered on the websites of others to which WE have provided a link, and, in the event and to the extent WE are held responsible to any degree for such products or services, WE make the same disclaimer of warranties with respect to those products or services as are set out in the Disclaimer – No Warranties and Disclaimer – Limitation of Liability/Damages provisions set out above.
YOU agree to assume any and all responsibility for YOUR conduct in the access and use of this WEBSITE. YOU agree to indemnify, defend and hold harmless US and OUR parent, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims, suits, losses and actions (including reasonable attorney's fees), regardless of by whom brought, which results from or arises out of YOUR use of any CONTENT or YOUR breach of THIS AGREEMENT.
12. PLACING OUR LOGO, OR A LINK TO THIS WEBSITE, ON YOUR WEB PAGE
YOU are granted no right to and are expressly prohibited from creating or providing links to this WEBSITE. If you wish to create a hyperlink to this WEBSITE or place OUR logo on YOUR website, you must read, agree to, and comply with OUR Linking and Logo Usage Requirements (Web).
13. IMPORT/EXPORT CONTROL
If YOU violate any term or condition of THIS AGREEMENT, YOUR permission to use this WEBSITE, and/or any CONTENT provided to YOU through this WEBSITE, automatically terminates and YOU must immediately stop using this WEBSITE, and YOU must destroy any copies YOU have made of any of the CONTENT of this WEBSITE.
WE make no representation that any CONTENT may be lawfully downloaded outside of the United States. Access to the CONTENT may not be legal by certain persons or in certain countries. If YOU access this WEBSITE from outside of the United States, YOU do so at YOUR own risk and YOU are responsible for compliance with the laws of YOUR jurisdiction.
The United States controls the export of products and information. YOU agree to comply with such restrictions and that YOU will not export or re-export any of the CONTENT (including any software) to countries or persons prohibited under any U.S. export control laws. By downloading any CONTENT on this WEBSITE or on other websites to which YOU link from this WEBSITE (including software, if any), YOU are agreeing that YOU are not (i) in a country to which such export is prohibited or (ii) a person or entity to which such export is prohibited. YOU are responsible for compliance with the laws of YOUR local jurisdiction regarding the import, export, or re-export of products or materials.
14. GOVERNING LAW
THIS AGREEMENT is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of THIS AGREEMENT is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining terms or conditions of THIS AGREEMENT, which terms and conditions shall remain in full force and effect.
No waiver of any term or condition of THIS AGREEMENT shall be deemed a further or continuing waiver of such term or condition or any other term or condition of THIS AGREEMENT.
16. VIOLATIONS OF TERMS
If YOU violate any term or condition of THIS AGREEMENT, YOUR permission to use this WEBSITE, and/or any CONTENT provided to YOU through this WEBSITE, automatically terminates, YOU must immediately stop using this WEBSITE, and YOU must destroy any copies YOU have made of any of the CONTENT of this WEBSITE.