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WEB SITE TERMS OF USE AGREEMENT
PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THE SERVICES
PROVIDED IN THE UT.CONNECTINSURANCE.COM
DOMAIN ARE SPECIFICALLY
CONDITIONED UPON YOUR AGREEMENT TO THE TERMS CONTAINED IN
THIS TERMS OF USE AGREEMENT (THE "AGREEMENT").
BY USING THE SERVICE, YOU ARE AGREEING TO ALL OF THE TERMS
CONTAINED IN THIS AGREEMENT. CONDITIONS OF USE BY USING
THIS WEB SITE, YOU ACKNOWLEDGE YOUR ASSENT TO THE FOLLOWING
CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION. PLEASE
READ THESE CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME THROUGH
AN UPDATE TO THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS
AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW
THE CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.
DISCLAIMER / NO WARRANTY OF ANY KIND THE MATERIALS ON THIS
WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST
EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW,
CONNECT MGA LLC AND ITS SUBSIDIARIES AND AFFILIATES
AND OR ASSIGNS (COLLECTIVELY, "SERVICE PROVIDERS")
DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDERS
DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT THE SERVICE PROVIDERS)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED
HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL
TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS
AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL
PURPOSES. Neither Service Providers nor any independent
provider/transmitter of Information shall be liable in any
way, and you agree to indemnify and hold harmless Service
Providers and the independent providers/transmitters for
(1) any inaccuracy, error, or delay in, or omission of (a)
any Information, or (b) the transmission or delivery of
Information; (2) any loss or damage arising from or occasioned
by (a) any such inaccuracy, error, delay, or omission, (b)
non-performance, (c) interruption of Information due either
to any negligent act or omission by Service Providers or
providers/transmitters of Information or to any "force
majeure" (i.e. flood, extraordinary weather conditions,
earthquake, or other act of God, fire, war, insurrection,
riot, labor dispute, accident, action of government, communications,
power failure, or equipment or software malfunction) or
any other cause beyond the reasonable control of Service
Providers or the Information providers/transmitters. THIS
WEB SITE MAY BE LINKED TO OTHER WEB SITES WHICH ARE NOT
MAINTAINED BY THE SERVICE PROVIDERS. THE SERVICE PROVIDERS
ARE NOT RESPONSIBLE FOR THE CONTENT OF THOSE WEB SITES.
THE INCLUSION OF ANY LINK TO SUCH WEB SITES DOES NOT IMPLY
APPROVAL OF OR ENDORSEMENT BY THE SERVICE PROVIDERS OF THE
WEB SITES OR THE CONTENT THEREOF. LIMITATION OF LIABILITY
IN NO EVENT SHALL SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL,
INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION
OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING
OUT OF THE USE OR INABILITY TO USE THE WEB SITE, SERVICE
OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE
AND EVEN IF SERVICE PROVIDERS WAS ADVISED THAT SUCH DAMAGES
WERE LIKELY OR POSSIBLE. While the Service Providers use
reasonable efforts to include accurate and up to date information
on this web site, errors or omissions sometimes occur. SERVICE
PROVIDERS makes no warranties or representations as to the
accuracy of this web site. Under no circumstances, including,
but not limited to, negligence, shall SERVICE PROVIDERS
or any party involved in creating, producing, or delivering
the web site be liable to you for any direct, incidental,
consequential, indirect, or punitive damages that result
from the use of, or the inability to use, the materials
on this web site, even if SERVICE PROVIDERS or a SERVICE
PROVIDER'S authorized representative has been advised of
the possibility of such damages. In no event shall SERVICE
PROVIDER's total liability to you for all damages, losses,
and causes of action exceed the amount paid by you, if any,
for accessing this web site. SERVICE PROVIDERS also assumes
no responsibility, and shall not be liable for, any damages
to, or viruses that may infect, your computer equipment
or other property as a result of your access to, use of,
or browsing in the web site or your downloading of any materials,
data, text, images, video, or audio from this web site.
RESTRICTIONS ON USE OF MATERIALS
This web site is owned and
operated by SERVICE PROVIDERS. Except as otherwise expressly
permitted by SERVICE PROVIDERS, no materials from this web
site or any web site owned, operated, licensed or controlled
by SERVICE PROVIDERS may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way.
Such material may include without limitation any inventive
concepts, know-how, publicity rights, trademarks, trade-dress,
trade secrets, and copyrights. You may download material
displayed on this web site for your use only provided you
also retain all copyright and other proprietary notices
contained on the materials. You may not distribute, modify,
transmit, reuse, repost, or use the content of this web
site for public or commercial purposes, including the text,
images, audio, and video without SERVICE PROVIDERS' written
permission. SERVICE PROVIDERS neither warrant nor represent
that your use of materials displayed on this web site will
not infringe rights of third parties not owned by or affiliated
with SERVICE PROVIDERS.
ACCEPTABLE USE
In consideration for your
use of the web site, you agree to provide true, current,
accurate, and complete information about yourself as requested
during the registration process, and to update such information
as may be necessary to keep it true, current, accurate,
and complete. You agree that you will use the web site in
a manner that complies with all applicable laws, and you
acknowledge that you are solely responsible for any content
that you upload, download, transmit or otherwise process
using the web site.
TERMINATION OF USE
You agree that Service Providers,
in their sole discretion, may terminate your use of and
access to all or a portion of the Service, and remove and
discard any Content within the web site, for any reason,
including, without limitation, for lack of use, or if Service
Providers believe that you have violated this Agreement.
You agree that any termination of your access to the Service
may be effected without prior notice, and acknowledge and
agree that Service Providers may immediately deactivate
or delete your account and all related information, Content,
or other files in your account and/or prevent any further
access to such files or the Service. Further, you agree
that service Providers shall not be liable to you or any
third-party as a result of Service Providers' termination
of your access to the service.
JURISDICTIONAL ISSUES
Unless otherwise expressly
set forth herein, SERVICE PROVIDERS makes no representation
that materials on this web site are appropriate or available
for use in any location. Those who choose to access this
web site do so on their own initiative and are responsible
for compliance with local laws. The information contained
on this web site is not an offer to sell or a solicitation
to buy any security or any insurance product. No security
or other insurance product is offered or will be sold in
any jurisdiction in which such offer or solicitation, purchase
or sale would be unlawful under the securities, insurance
or other laws of such jurisdiction. Some products and services
may not be available in all jurisdictions.
TRADEMARKS AND COPYRIGHTS
All trademarks, services
marks, trade names, logos, and icons are proprietary to
Connect MGA LLC. The Oakwood Software
name, logo, and the statements "Information Is the
Difference" and "powered by Oakwood Software"
are proprietary to Oakwood Software Insurance Solutions, L.L.C.. Nothing contained
on the web site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any
trademark displayed on this web site without the written
permission of SERVICE PROVIDERS or such third party that
may own the trademarks displayed on this web site. Your
use of the trademarks displayed on this web site, or any
other content on this web site, except as provided herein,
is strictly prohibited. Images displayed on this web site
are either the property of, or are used with permission
by SERVICE PROVIDERS. The use of these images by you, or
anyone else authorized by you, is prohibited unless specifically
permitted herein. Any unauthorized use of the images may
violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
PRIVACY
Please see our Privacy Policy
SOFTWARE LICENSES
You acknowledge that any
software available or provided to you on this web site may
contain technology that is subject to strict controls by
various agencies of the United States Government pursuant
to United States export control laws and regulations. You
hereby agree that you will not transfer or export such software
from the United States (including, for example, providing
such software to any foreign person or entity in the United
States) or re-export such software outside the United States
in violation of United States export laws and regulations.
SERVICE PROVIDERS does not authorize the downloading or
exportation of any software or technical data from this
web site to any jurisdiction prohibited by the United States
export controls laws and regulations.
MISCELLANEOUS
This Agreement shall constitute
the complete and exclusive agreement between you and Service
Providers. While Service Providers reserve the right to
modify this Agreement at any time, the terms and conditions
contained in this Agreement may not be modified by you unless
both you and an authorized representative of Service Providers
execute a separate written agreement. If any provision of
this Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the extent necessary
to make it enforceable, and such decision shall not affect
the enforceability of such provision or of the remaining
provisions of this Agreement. This Agreement shall be subject
to and construed in accordance with the laws of the State
of Texas, without regard to conflicts of law provisions,
and you hereby consent to the exclusive jurisdiction of
the state and federal courts residing in the State of Texas.
Any and all unresolved disputes arising under this Agreement
shall be submitted to arbitration in the State of Texas,
in the County of Dallas. The arbitration shall be conducted
under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and
may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the foregoing, Service Providers may obtain
equitable relief in any court to protect its intellectual
property.
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