Effective Date 07/24/2007
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using the Web site located at www.iii.org and other affiliated domain names (collectively, the “Site”), you agree to these terms and conditions. If you do not agree, you should not use this Site. The paragraphs that follow describe the agreement entered into by using this Site, as between “you” (the visitor to this Site) and the Insurance Information Institute.
WHO WE ARE
The Site is owned, provided and operated by the Insurance Information Institute. We are a New York not-for-profit organization that provides information on insurance matters as further described on the Site. We allow you to access and use the Site subject to the following terms and conditions (“Terms”), which may be changed by us from time to time. If we make a change to these Terms, we will notify you by changing the effective date at the top of this policy. As used in these Terms and on the Site, “we,” “our,” and “us” means the Insurance Information Institute unless otherwise indicated.
We at the Insurance Information Institute are devoted to our mission to improve public understanding of insurance. This Site provides you with access to an online collection of information, materials, publications and services related to the Insurance Information Institute and its work, including text, pictures, photographs, audio and video, graphics, logos, marks, images and downloadable software (collectively, “Content”), as well as software used in accessing the Site, displaying the Content, and utilizing the functionality offered through this Site (“Software”), all of which are subject to these Terms. Unless stated otherwise, any new Content and Software added to this Site and all revisions, modifications, and enhancements to the Site, the Content or the Software will be covered by these Terms effective upon the date of each such addition.
OUR PROPRIETARY MATERIALS
We welcome you to our Site and we invite you to use it within the following rules:
The use of the Site, by you, or anyone else authorized by you, is prohibited except as allowed by these Terms. Any unauthorized use of the Site, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
You may use the Site and the Contents and Software solely for the purposes stated on the Site. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying this Site may be copied, modified, published or otherwise distributed or used without the prior express written permission of the Insurance Information Institute or its licensors. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, link to, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from this Site, in any manner, without the prior written authorization of the Insurance Information Institute. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying this Site to a human perceivable form.
The information on this Site, the design and layout of the Site, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as noted stated on the Site or in these Terms. All Content, Software and materials on and underlying this Site are copyright © 2007 the Insurance Information Institute or are licensed or otherwise used by the Insurance Information Institute with permission. The “Insurance Information Institute”, the “III” logos, “Know Your Stuff – Home Inventory Software”, “My Financial House – Personal Finance Software” and “Hurricane Insurance Information Center”, among others, are trademarks and service marks of the Insurance Information Institute, which reserves all rights therein.
All Site Content and functionality, and all Software underlying this Site, may be changed or updated by us from time to time, without notice. Although we do not undertake to monitor the conduct of users of the Site, it is a violation of these Terms to use the Site or any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person appearing on the Site.
If we receive notice alleging that as a result of your use of the Site you have engaged in behavior that infringes our or any third party’s intellectual property rights or reasonably suspects the same, we shall have the right to terminate your access to the Site without notice to you.
We avail ourselves of the protection of the Digital Millennium Copyright Act (“DMCA”). We reserve the right to remove any content or links that allegedly infringe another person’s copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent, as identified below:
Service Provider: Insurance Information Institute
Designated Agent: Andréa C. Basora
Address: 110 William Street
New York, NY 10038
To be effective, the notification must be a written communication to the Designated Agent that includes substantially the following:
(a) a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We at the Insurance Information Institute are devoted to our mission to improve public understanding of insurance. We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. The Insurance Information Institute retains the right to restrict use of this Site in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THIS SITE, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. THE INSURANCE INFORMATION INSTITUTE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS 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. THE INSURANCE INFORMATION INSTITUTE MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INSURANCE INFORMATION INSTITUTE, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES (COLLECTIVELY “THE INSURANCE INFORMATION INSTITUTE AND AGENTS”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGE TO OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, OR INABILITY TO USE THE SITE, CONTENTS OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE INSURANCE INFORMATION INSTITUTE AND AGENTS AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THIS SITE.
THIRD PARTY WEB SITES
This Site may, as a convenience to you, provide links to other Web sites which are not maintained by the Insurance Information Institute. The Insurance Information Institute is not responsible for the content, products, services or policies or activities of those Web sites. The inclusion of any link to such Web site does not imply endorsement by the Insurance Information Institute of the Web site.
THIRD PARTY WEB SITES SEEKING TO HYPERLINK TO THE SITE
We welcome appropriate hyperlinks to our Site. By publishing a hyperlink to our Site on your Web site, you warrant that the content of your Web site is appropriate and consistent with the stated purposes of this Site and the Insurance Information Institute. If this is not the case, please do not link to our Site. The Insurance Information Institute reserves the right to rescind the right to link to this Site at its sole discretion.
Use of the Insurance Information Institute mark and logos in order to hyperlink to the Site is permitted and licensed by the Insurance Information Institute solely for the purposes described on the Site, and you shall not otherwise copy, modify, publish, use or distribute such code, materials or marks nor any photographs appearing on this Site. Upon request by the Insurance Information Institute, you shall immediately remove any hyperlink to the Site, and discontinue use of any code, materials or marks provided by the Insurance Information Institute.
The Terms are effective until terminated by the Insurance Information Institute, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in the Terms will survive.
B. Governing Law; Jurisdiction; Venue; Severability of Provisions
These Terms are governed by the laws of the State of New York, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Site or this Agreement will be brought exclusively in the federal or State courts located in New York. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
C. Entire Agreement
These Terms and other policies and notices the Insurance Information Institute may post on the Site and constitute the entire agreement between the Insurance Information Institute and you in connection with your use of this Site, hyperlinks to and from the Site and the Content and Software displayed on the Site, and supersedes any prior agreements between the Insurance Information Institute and you regarding such matters, including prior versions of the Terms.
D. Modifications to the Terms
The Insurance Information Institute may update these Terms from time to time by posting revised Terms on this Site and will notify you by changing the effective date of this agreement at the top of this agreement. Your subsequent use of the Site is governed by those new Terms. While we do not anticipate changes to this policy frequently, we do suggest you review our policy and commitment from time to time. This will ensure that you will have complete knowledge of our information practices as they might affect you and your use of the Site.
CONTACT THE INSURANCE INFORMATION INSTITUTE
If you have any questions about these Terms, the practices of this Site, your dealings with the Site or about the work of the Insurance Information Institute, you may contact us at firstname.lastname@example.org or by writing to us at:
Insurance Information Institute
110 William Street
New York, NY 10038
We are always glad to hear your questions and comments.