Website Terms of Use

Last Modified: October 28, 2019

 

Scope of Terms of Use

 

These Website Terms of Use (the “Terms of Use”) govern your use of the following websites (each, a “Website”): (a)  www.usgins.com, (b) www.usginslink.com, (c) www.aauins.com, (d) www.brokfinsvcs.com, (e) www.bfsinspectionservices.com, (f) www.bfsinspections.com, (g) www.intoinnovations.com, (h) www.844inslink.com, (i) www.jointeamusg.com, and (j) any other website owned and maintained by USG Insurance Services, Inc. or any of its subsidiaries or affiliates (“Company,” “We” or “Us”).

 

Changes to the Terms of Use  

 

The Company may revise and/or update these Terms of Use on one or more occasions in the Company’s sole discretion. All changes are effective immediately once the Company posts them, and apply to your access to and use of the Website thereafter.

 

Accessing the Website and Account Security  

 

The Company may withdraw or amend the Website, and any service or material the Company provides on the Website, on one or more occasions in the Company’s sole discretion without notice. The Company shall not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. The Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users at any time in its sole discretion.

 

You shall:

• make all arrangements necessary for you to access the Website; and
• be responsible for confirming that all persons accessing the Website through your internet connection accept and comply with these Terms of Use.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. If you provide certain registration details or other information, you certify that the information you provide on the Website is correct, current, and complete. The Company’s Privacy Policy governs any information you use to register and use with the Website, and the Company may take any action with respect to your information consistent with the Company’s Privacy Policy.

 

 If you choose, or are provided with, a user name, password, or any other piece of information as part of the Company’s security procedures, you shall treat this information as confidential, and you shall not disclose it to any other person or entity. You shall not permit access to the Website to any other person or entity, and you shall be responsible for all users of the Website using your user name, password and other security information of yours. You shall notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should logout out and exit from your account after each session, and you should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

The Company may disable any user name, password, or other identifier on one or more occasions in its sole discretion, if the Company reasonably believes you have violated these Terms of Use.

 

Product and Service Information

 

Insurance products and services are described in the Website are for information purposes only. This information is not intended to be complete descriptions of all of the Company’s products and services, conditions and exclusion related to the Company’s products and services. The terms, conditions and exclusions of any particular coverage are set forth in a formal quote or policy. The products and services described herein may also vary from state to state and not every product and/or service may be available in every state.

           

Intellectual Property Rights  

 

The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of this material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or downloadable from the Company’s Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, use and not for further reproduction, publication, or distribution.
• If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, but only if you first agree to be bound by the Company’s end user license agreement for these applications.
• If you are an authorized agent of the Company, you may download, print, customize, use and distribute the marketing and promotional materials provided by the Company on the Website (“Promotional Materials”) solely in connection with the promotion and marketing of your agency’s business. You must retain all copyright, trademark and other proprietary notices contained in the original Promotional Materials on any customized Promotional Materials that you make, use or distribute. You acknowledge and agree that (a) any and all trademarks and/or service marks contained in the Promotional Materials (the “Company Marks”) are, and shall remain, the sole and exclusive property of the Company, (b) you will not obtain any right, title or interest in or to any of the Company Marks, (c) you are only permitted to use the Company Marks and the Promotional Materials in connection with the promotion of your agency’s business and for no other purpose whatsoever; and (d) the Company has the right to revoke your right and ability to use the Promotional Materials and/or the Company Marks at any time and for any reason.

 

You shall not:

• Modify copies of any materials from this site, except as provided in these Terms of Use; or
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, the Company shall stop your use of the Website immediately and you shall, at the Company’s option, return or destroy any copies of the materials you have made. The Company does not transfer any right, title, or interest in or to the Website or any content on the Website to you, and the Company reserves all rights not expressly granted herein. Any use by you of the Website that the Company does not expressly permit by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks  

 

The Company name, logo, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Except as provided in these Terms of Use, you shall not use these marks without the Company’s prior written permission.

 

Prohibited Uses 

 

You shall use the Website only for lawful purposes and in accordance with these Terms of Use. You shall not use the Website:

• In violation of any state, federal or international law, or the law of any country.
• To exploit or harm or attempt to exploit or harm a minor or in any way that exposes them to inappropriate content,
• To ask for personally identifiable information.
• To send, knowingly receive, upload, download, use, or re-use any obscene, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material or any material that may make the Company look unprofessional.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.

    

Additionally, you shall not:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the Company’s prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

 

Reliance on Information Posted  

 

 The information presented on or through the Website is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website

  

The Company may update the content on the Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update this material.

 

Information About You and Your Visits to the Website

  

All information the Company collects on the Website is subject to the Company’s Privacy Policy. By using the Website, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.

 

Links from the Website  

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions  

 

The owner of the Website is based in the Commonwealth of Pennsylvania in the United States. The Company provides the Website for use only by persons located in the United States. The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

 

Disclaimer of Warranties  

 

You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Company’s site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE COMPANY’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability  

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification  

 

You shall defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your user contributions to the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction  

 

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to its choice or conflict of law provisions.

 

You shall only bring any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website exclusively in the federal courts of the United States located in Pittsburgh, Pennsylvania or the courts of the Commonwealth of Pennsylvania located in Washington County, Pennsylvania, although the Company retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims 

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

 Waiver and Severability 

 

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Your Comments and Concerns  

 

The Website is operated by USG Insurance Services, Inc., 1000 Town Center Way, Suite 300, Canonsburg, PA 15317. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: getconnected@usgins.com.

 

Designated Agent

 

The Company designates an agent as described below, to receive notifications of claimed infringement:

 

USG Insurance Services, Inc.

1000 Town Center Way, Suite 300

Canonsburg, PA 15317

 

Email: getconnected@usgins.com

Fax: 724.265.5751

 

Electronic Communications and Electronic Signatures

 

You agree to be bound by any affirmation, assent or agreement you transmit through the Website, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission.  You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

Entire Agreement  

 

The Terms of Use and the Company’s Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.