USER
AGREEMENT
(“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this
Agreement, you (“User”) signify your agreement to
these terms and conditions. If you do not agree to
this Agreement please do not use this site and do not
click “I agree”. Please check this Agreement
periodically for changes as the owner of this
site
www.mostchoiceins.com,
(“Company”) reserves the right to revise
this Agreement and your continued use of this site
following the posting of any changes to the Agreement
constitutes acceptance of such changes. The
Company reserves the right to terminate a User’s use of
this site at any time without notice and may do so for
any breach of this Agreement or the instructions on this
site by User. This Agreement applies to licensors
and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE
THIS SITE
This
Agreement must be completed, understood and agreed to by
a person over 18. If a parent or guardian wishes
to permit a person under 18, and under his or her
supervision, to use this site, he or she should email
the Company with his or her explicit permission and
acceptance of full legal responsibility for the minor to
do so. If you are not yet 18, if you are easily
offended, or are accessing this site from any country
where material on this site is prohibited or illegal,
please leave now as you do not have permission to access
this site.
LICENSE TO USE THIS SITE
Upon
your agreement to this Agreement, the Company hereby
grants you a non-exclusive, non-transferable limited
license to use this site in strict accordance with the
terms and conditions in this Agreement and as permitted
via instructions on this site. You agree not to
make any false or fraudulent statements in your use of
or to gain access to this site. You acknowledge
and agree that all content and services available on
this site are property of the Company and its
advertisers and licensors and are protected by
copyrights, moral rights, trademarks, service marks,
patents, trade secrets, and other proprietary rights and
laws, in the U.S. and internationally. All rights
not expressly granted herein are fully reserved by the
Company, its advertisers and licensors.
You agree to pay for any and all purchases and services
made using your name and credit card through this Site,
not to challenge any such charges and to pay for all
collections and/or attorneys fees resulting from any
non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this
site, you agree not to save, download, cut and
paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or
create derivative works from materials, code or
content on or from this site. Systematic retrieval
of data or other content from this site to create or
compile, directly or indirectly, a collection,
compilation, database or directory without written
permission from the Company is prohibited. In
addition, use of the content or materials for any
purpose not expressly permitted in this Agreement is
prohibited.
Security
You agree that if you are issued a Username and
Password by the Company, you shall use your best
efforts to prevent access to this site through your
Username and Password by anyone other than yourself,
including but not limited to, keeping such
information strictly confidential, notifying the
Company immediately if you discover loss or access
to such information by another party not under your
control and supervision, and by using a Username and
Password not easily guessed by a third party.
You agree that you shall not try to reverse
engineer, reverse assemble, reverse compile,
decompile, disassemble, translate or otherwise alter
any executable code, contents or materials on or
received via this site. You understand that
such actions are likely to subject you to serious
civil and criminal legal penalties and that the
Company shall pursue such penalties to the full
extent of the law to protect its rights and the
rights of its other licensors.
International Users
Accessing this site, and services, products or
contents available on this site, except as expressly
allowed through instructions and truthful statements
by the User in regard to use of this site, from
places outside the U.S. or where their contents are
illegal, is prohibited. Those who choose to access
this site from other locations do so knowingly on
their own initiative and voluntarily at their own
risk and are responsible for compliance with local
laws. None of the information on this site may
be downloaded, exported or reexported into Iran,
Iraq, Syria, Libya, Sudan, Cuba, North Korea,
Yugoslav Republic (Serbia and Montenegro), Rwanda,
Nigeria or any other country with restrictions
imposed by the U.S. Government. By using this
site, you agree that you are not a citizen of or a
resident in any of these countries.
Export
You
agree that you shall comply with all applicable
export and import control laws and regulations in
your use of this site, or materials or services
received through this site, and, in particular, you
shall not export or re-export anything on or
received through this site in violation of local or
foreign export laws and/or without all required U.S.
and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S.
Government, the following provision applies. This
site, code, contents, services and accompanying
documentation are comprised of "commercial computer
software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R.
12.212 (SEPT 1995) and are provided to the
Government (i) for acquisition by or on behalf of
civilian agencies, consistent with the policy set
forth in 48 C.F.R. 12.212; or (ii) for acquisition
by or on behalf of units of the Department of
Defense, consistent with the policies set forth in
48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN
1995). Unpublished rights reserved under the
copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all
information which you post on this site or communicate
to the Company through this site (collectively
“Submissions”) shall forever be the property of the
Company. You agree to the
Site Submission Rules
found here, if provided by Company, as part
of this Agreement. The Company shall not treat any
submission as confidential and shall not incur any
liability as a result of any similarities that may
appear in future Company services or products.
Without limitation, the Company shall have exclusive
ownership of all present and future existing rights to
any Submission of every kind and nature everywhere.
You acknowledge that you are fully responsible for the
message, including its legality, reliability,
appropriateness, originality and copyright. You
hereby represent and warrant that your Submission does
not infringe the rights of any third party.
TRADEMARKS
The
Company’s, licensors’ or other third party materials,
services or products referenced on this site are common
law or registered trade marks or service marks of such
parties.
THIRD PARTY SITES
You
may be transferred to online merchants or other third
party sites through links or frames from this site. You
are cautioned to read such sites’ Terms and Conditions
and/or Privacy Policies before using such sites in order
to be aware of the terms and conditions of your use of
such sites. These sites may contain
information or material that is illegal, unreasonable or
that some people may find inappropriate or offensive.
These other sites are not under the control of the
Company, are not monitored or reviewed by the Company,
and the Company is not aware of the contents of such
sites. You acknowledge that the Company is not
responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the contents
or any transmissions received through such sites. The
inclusion of such a link or frame does not imply
endorsement of that site by the Company, its advertisers
or licensors, or any association with its operators and
is provided solely for your convenience.
You agree that the Company and its licensors have no
liability whatsoever from such third party sites and
your usage of them.
DISCLAIMER
OF WARRANTIES
THE
COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE
SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. ALL INFORMATION AND
USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO
THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS,
STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR
ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY
INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS
SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS
RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS
OTHER THAN IN THIS AGREEMENT. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT
SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF
YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF
THE USE OF, OR INABILITY TO USE, THE SITE, THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS
SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY,
ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You
agree to defend, indemnify, and hold harmless the
Company, its advertisers, licensors, subsidiaries and
other affiliated companies, and their employees,
contractors, officers, agents and directors from all
liabilities, claims, and expenses, including attorney's
fees, that arise from your use of this site, or any
services, information or products from this site, or any
violation of this Agreement. The Company reserves the
right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you, in which event you shall
cooperate with the Company in asserting any available
defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or
User’s use immediately upon receipt of any notice which
alleges that User has used this site for any purpose
that violates any local, state, federal or law of other
nations, including but not limited to the posting of
information that may violate third party rights, that
may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that
may violate hacking or other criminal regulations, etc.
of its agents, officers, directors, contractors or
employees. In such event, Company may disclose the
User’s identity and contact information, if requested by
a government or law enforcement body or as a result of a
subpoena or other legal action, and Company shall not be
liable for damages or results thereof and User agrees
not to bring any action or claim against Company for
such disclosure.
CHOICE OF LAW AND FORUM
This
site (excluding third party linked sites) is controlled
by the Company from its offices within the State of
California, U.S. of America. It can be accessed
from all 50 states as well as from other countries
around the world to the extent permitted by site.
As each of these places has laws that may differ from
California, by accessing this site, both you and the
Company agree that the statues and laws of California
shall apply to any actions or claims arising out of or
in relation to this Agreement or your use of this site,
without regard to conflicts of laws principles thereof.
You and the Company also agree and hereby submit to the
filing of any claim only in the exclusive personal
jurisdiction and venue of California and any legal
proceedings shall be conducted in English. The
Company makes no representation that materials on this
site are appropriate or available for use in other
locations, and accessing them from territories where
their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations
Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This
Agreement incorporates by reference the Site Submission
Rules if this site allows posting and posts such Rules.
This Agreement constitutes the entire agreement between
the parties related to the subject matter thereof,
supersedes any prior or contemporaneous (oral, written
or electronic) agreement between the parties and shall
not be changed except by written agreement signed by an
officer of the Company. If any provision of this
Agreement is prohibited by law or held to be
unenforceable, the remaining provisions hereof shall not
be affected, and this Agreement as much as possible
under applicable law shall continue in full force and
effect as if such unenforceable provision had never
constituted a part hereof and the unenforceable
provision shall be automatically amended to so as to
best accomplish the objectives of such unenforceable
provision within the limits of applicable law.
User shall not assign or transfer this Agreement and any
such transfer shall be void.
This site reserves the right to revise these Site
Submission Rules at its discretion, so check back from
time to time to be sure you are complying with the
current version. |
