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USER AGREEMENT |
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Premium Finance Brokerage, LLC Web Site User
Agreement 2011
Acceptance of Terms. To obtain full
access to the Premium Finance Brokerage,
LLC website, you
must read the terms and conditions of
service set forth below (the "User
Agreement") and agree to be legally bound
by the obligations imposed on you in this
User Agreement. By using this website, you
accept the terms and conditions of this
Agreement. We may amend this User
Agreement without notice to you by posting
the changes on our website, and changes
will be effective ten days after being
posted.
Registered Users Limited. The
services offered on this website are
available only to individuals age 18 or
over who are residents of the United
States. We may refuse any or all of our
services to anyone at any time, at our
sole discretion.
Your Content & Information. All
information, data, text, software,
photographs, graphics, messages or other
materials ("Content") you upload, post or
create using this website is solely your
responsibility. You must evaluate and bear
all risks associated with the use of any
of your Content and
materials. You represent and warrant to
Premium Finance Brokerage, LLC that: (i) you and your
authorized users have the full right,
power, and authority to perform any
function with relation to the Content
(including without limitation uploading,
posting, reproducing, distributing,
publicly displaying and making derivative
works from the Content) that you or they
perform via the Premium Finance Brokerage,
LLC website;
(ii) your use and the use by your
authorized users of the Content does not
and will not infringe any copyright or
right of privacy, violate any statutory or
common law right; interfere with any
intellectual property or other proprietary
rights of any third party; or contain any
matter that is libelous or otherwise in
contravention of law; and (iii) Your
Information will be true, accurate,
current and complete at all times. All
information you provide to us about
yourself during the registration process
or through any other feature on this
website will be referred to as "Your
Information." Premium Finance
Brokerage, LLC will only use
Your Information in accordance with our
Privacy Policy. We rely on your representations and
warranties in this User Agreement.
You Will Comply with All Laws. When you
use the Premium Finance Brokerage, LLC website in any way,
you will comply at all times with all
applicable United States federal, state
and local laws, statutes, regulations, and
ordinances and will not take any action
that harms or violates the rights of any
person or entity. If you do business outside
the United States, you will comply with
the laws of the country in which the
business is conducted.
Indemnity. You will indemnify and hold
Premium Finance Brokerage, LLC, and its subsidiaries,
affiliates, officers, shareholders,
employees, agents, printers, contractors,
vendors, co-branders, suppliers, internet
service providers, and partners harmless
from any loss, cost, claim, demand or
other harm of any kind, including
reasonable attorneys' fees, due to or
arising out of Your Information, your
Content, your use of this website, the use
of this website by any person who uses
this website while logged on under your
user name and password, mail sent using
your user name and password, your default
under any provision in this User
Agreement, your violation of any laws and
your violation of any rights of another
person.
Termination. Premium Finance
Brokerage, LLC, in its sole
discretion without notice to you, may: (1)
terminate your access to its website or
your use of any feature of its website,
(2) remove and discard any of Your
Information and your Content stored on the
website, or (3) refuse to do any businessl
and (4) terminate this website, or any
feature on the website. Premium Finance
Brokerage, LLC
will not be liable to you or any
third-party for any suspension or
termination of your access to this website
or your Content; except Premium Finance
Brokerage, LLC
will refund to you any unused amounts
credited to your account.
Premium Finance Brokerage, LLC's Proprietary Rights. This
website and any necessary software used in
connection with it ("Software") contain
proprietary and confidential information
that is protected by applicable
intellectual property and other laws.
Content contained in sponsor
advertisements or information presented to
you on this website may be protected by
copyrights, trademarks, service marks,
patents or other proprietary rights and
laws. Except as expressly authorized by
Premium Finance Brokerage, LLC or its advertisers, you
agree not to modify, rent, lease, loan,
sell, distribute or create derivative
works based on this website or the
Software, in whole or in part. Premium
Finance Brokerage, LLC grants you a personal,
non-transferable and non-exclusive right
and license to use the object code of its
Software on a single computer; provided
that you do not (and do not allow any
third party to) copy, modify, create a
derivative work of, reverse engineer,
reverse assemble or otherwise attempt to
discover any source code, sell, assign,
sublicense, grant a security interest in
or otherwise transfer any right in the
Software.
Disclaimer of Warranties. Your use of this
website is at your sole risk. This website
is provided on an "as is" and "as
available" basis. Premium Finance
Brokerage, LLC disclaims
all warranties of any kind, whether
express or implied, including, but not
limited to, the implied warranties of
merchantability, fitness for a particular
purpose and non-infringement. Premium
Finance Brokerage, LLC makes no warranty that (1) the
website will meet your requirements, (2)
the website will be uninterrupted, timely,
secure, or error-free, (3) the results
that may be obtained from the use of the
website will be accurate or reliable, (4)
the quality of any products, services,
information, or other material purchased
or obtained by you through this website
will meet your expectations, and (5) any
errors in the Software will be corrected.
Any material downloaded or otherwise
obtained through the use of this website
is done at your own discretion and risk
and you are solely responsible for any
damage to your computer system or loss of
data that results from the download of any
such material. No advice or information,
whether oral or written, obtained by you
from Premium Finance Brokerage, LLC or through or from
this website shall create any warranty not
expressly stated in this user agreement.
Limitation of Liability. Premium
Finance Brokerage, LLC
will not be liable for any direct,
indirect, incidental, special,
consequential or exemplary damages,
including, but not limited to, damages for
loss of profits, goodwill, use, data or
other intangible losses (even if Premium
Finance Brokerage, LLC has been advised of the
possibility of such damages), resulting
from: (1) the use or the inability to use
this website; (2) the cost of procuring
substitute goods and services resulting
from any goods, data, information or
services purchased or obtained or messages
received or transactions entered into
through or from this website; (3)
unauthorized access to or alteration of
your transmissions or data; (4) statements
or conduct of any third party on this
website; or (5) any other matter relating
to this website. Our liability, and the
liability of our printers, suppliers,
contractors and vendors, to you or any
third parties in any circumstance is
limited to the lesser of (1) the amount of
fees you pay to us in the 12 months before
the action giving rise to liability, or
(2) $100.
Notice. Notices from us to you and from
you to us may be given by either email or
regular mail. Notice is deemed given 24
hours after an email is sent, unless the
sending party is notified that the email
address is invalid. If we use the U.S.
mail to send you a notice, the notice will
be deemed given 3 days after the date of
mailing. This website may also provide
notices of changes to the User Agreement
or other matters by displaying notices or
links to notices to you generally on the
website.
Copyrights. Premium Finance
Brokerage, LLC respects the
intellectual property rights of others and
we ask our users to do the same. You
should assume that all text, graphics and
images that you find on the World Wide Web
are subject to a copyright. In general, it
is a violation of federal law to copy
text, graphics or images that are subject
to a copyright and use the copyrighted
material on the Premium Finance Brokerage,
LLC website
without the consent of the owner of the
copyright. Before copying any text,
graphics or images, you must confirm that
it is in the public domain and not subject
to a copyright or obtain the consent of
the owner of the copyright to use the
material on the Premium Finance Brokerage,
LLC website. You
authorize Premium Finance Brokerage, LLC to cooperate with
copyright owners who claim that you have
infringed or may infringe their
intellectual property rights. This
cooperation includes, but is not limited
to taking the following action without
notice: disclosing Your Information and
your Content to the copyright owner or its
agent and destroying all alleged
infringing material.
General Information. No agency,
partnership, joint venture,
employee-employer or franchisor-franchisee
relationship is intended or created by
this Agreement. This User Agreement and
the agreements incorporated herein are the
entire agreements between you and Premium
Finance Brokerage, LLC and governs your use of this
website. This User Agreement supersedes
any prior agreements between you and
Premium Finance Brokerage, LLC. You also may be subject to
additional terms and conditions that may
apply when you use affiliate or other
services, third-party content or
third-party software. The User Agreement
and the relationship between you and
Premium Finance Brokerage, LLC will be governed by the
laws of the State of Maryland without
regard to its conflict of law provisions.
You and Premium Finance Brokerage, LLC agree to submit to
the personal and exclusive jurisdiction of
the courts located in Harford County,
Maryland. The failure of a party to
exercise or enforce any right or provision
of this User Agreement will not constitute
a waiver of the right or provision. Our
failure to act with respect to a breach by
you or others does not waive our right to
act with respect to subsequent or similar
breaches.
Disclosures. This website is provided by
Premium Finance Brokerage, LLC.
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User Agreement. |
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