Terms and Conditions of Use ("Terms of Service")

Terms and Conditions of Use ("Terms of Service")

These Terms of Service are a contract between you and Insurance Service & Credit Corporation., a company with its principle place of business at 218 9th Street, North Wilkesboro, NC, USA (“IS&C”). IS&C operates www.insservice.com (“IS&C Site”) and the form document generation, collection and storage services therein (collectively the “Service”). By using the IS&C Site and any services accessible from the IS&C Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the IS&C Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE IS&C SITE. YOU AGREE TO USE THE IS&C SITE AT YOUR OWN RISK.

License Grants & Restrictions.

IS&C hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the IS&C Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the IS&C Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the IS&C Site. All rights not expressly granted to you are reserved by IS&C and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the IS&C Site in any way; (ii) modify or make derivative works based upon the IS&C Site; (iii) reverse engineer or access the IS&C Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the IS&C Site, or (c) copy any features, functions or graphics of the IS&C Site. You further acknowledge and agree that, as between the parties, IS&C owns all right, title, and interest in and to the IS&C Site, including all intellectual property rights therein.

Your Responsibilities.

You are responsible for all activity occurring under your usage of the service and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the IS&C Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.

You shall: (i) notify www.insservice.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to www.insservice.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the IS&C Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the IS&C Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the IS&C Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Impermissible Acts.

As a condition to your use of the IS&C Site, you agree not to:

upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred for harm against any individual or group;

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the IS&C Site;

upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the IS&C Site;

reverse engineer, decompile or disassemble any of the software used to provide the IS&C Site;

reproduce, duplicate or copy or exploit any other portion of the IS&C Site, without the express written permission of IS&C;

interfere with or disrupt the IS&C Site, or any servers or networks connected to the IS&C Site, or disobey any requirements, procedures, policies or regulations of networks connected to the IS&C Site;

obtain, collect, store or modify the personal information about other users;

modify, adapt or hack the IS&C Site or falsely imply that some other site is associated with the IS&C Site or IS&C; or

use the IS&C Site for any illegal or unauthorized purpose. You must not, in the use of the IS&C Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Forms.

In the course of using the IS&C Site, you may create certain templates, graphics or form documents and load or post such documents into the www.insservice.com web site through various forms. You hereby grant to IS&C a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works of your contribution in connection with IS&C’s operation of the IS&C Site.

Feedback.

In the course of using the IS&C Site, you may provide IS&C with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the IS&C Site (collectively “Feedback”). You hereby grant IS&C a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Violation of these Terms of Service.

IS&C reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. IS&C may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that IS&C has no obligation to pre-screen or monitor your access to or use of the IS&C Site or any information, materials or other content provided or made available through the IS&C Site, but has the right to do so. You hereby agree that IS&C may, in the exercise of IS&C’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

IS&C reserves the right to refuse service to anyone for any reason at any time.

Modifications to the IS&C Site.

IS&C reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the IS&C Site and Service (or any part thereof) with or without notice.

IS&C shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the IS&C Site.

IS&C reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current IS&C Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the IS&C Site after any such changes shall constitute your consent to such changes.

Copyright and Content Ownership.

We claim no intellectual property rights over the material you provide to the IS&C Site. Your profile and materials uploaded remain yours.

IS&C does not pre-screen Content, but IS&C and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the IS&C Site.

Disclaimer of Warranties.

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE IS&C SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. IS&C AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IS&C AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. IS&C DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE IS&C SITE WILL BE CORRECTED. IS&C AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. IS&C AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IS&C SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE IS&C SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE IS&C SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL IS&C OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR IS&C SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF IS&C OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR IS&C SITE, FROM INABILITY TO USE THE SERVICES OR IS&C SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR IS&C SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR IS&C SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE IS&C SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall IS&C or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General.

These Terms of Service will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of IS&C.

Questions about the Terms of Service should be addressed to info [at] insservice [dot] com or by mail at: Insurance Service & Credit Corporation. 218 9th St. N. Wilkesboro, NC, 28607 USA