1.     YOU AGREE TO READ THESE TERMS AND CONDITIONS OF WEBSITE AND CONTENT ("TERMS") BEFORE USING THIS WEBSITE.

 

By continuing to access or use this site or any website and content on this site, you represent your full acceptance of all TERMS without exception. Please be further advised:

 

A.     From time to time, Program Partners, Inc. may amend the TERMS. Therefore, please continue to review the TERMS whenever opening or using this site.

 

B.     Your use of this website, or any website and content on the website, after the posting of modifications to the TERMS will constitute your acceptance of the TERMS, as modified.

 

C.     IF, AT ANY TIME, YOU DO NOT WISH TO FOLLOW THE TERMS, YOU CAN NOT USE THE SITE.

 

D.     Any terms or conditions proposed by you that are in addition to or which conflict with the TERMS are expressly forbidden by Program Partners, Inc. and are invalid.

 

E.     You acknowledge that Program Partners, Inc. has the right to change the content or technical specifications of any aspect of the Website and content at any time at Program Partners, Inc. 's sole discretion.

 

F.     You further accept that such changes may result in your being unable to access the Website and content.

2.     Disclaimer.

A.     All content provided on this website is created upon data which we believe to be dependable.

 

B.     This information should be understood to be generic insurance information only.

 

C.     It is not meant to be taken as advice with respect to any individual situation. No one may rely upon it as professional advice or such.

 

D.     We are not your insurance agent, broker, or legal representative.

 

E.     You must consult and rely solely on your own lawyers, accountants, insurance advisors with respect to specific coverage issues.

3.     User Agreement to Terms and Conditions of Website and content.

 

You represent that you have read and agree to be bound by the TERMS for program-partners.com. You further agree not to use the website and content for illegal purposes; including, but not limited to:

A.     Violate pertinent U.S. federal, state, local, and foreign laws, and regulations regarding the communication of any data obtained from the Website and content (as defined herein) in accordance with the TERMS; and

 

B.     Interfering with or otherwise disrupting communication networks connected to the Website and content.

4.     Intellectual Property.

 

A.     This website, including but not limited to data, text, and other content, may be protected by copyrights, trademarks, website and content marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries.

 

B.     All individual articles, columns and other elements making up the Website and content are also copyrighted works. The trademarks, website and content marks, trade names, trade dress, logos, designs, and sounds associated with this Web site are owned by Program Partners, Inc., or third parties who have authorized their use.

 

C.     Users agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Website and content.

 

D.     You agree to notify Program Partners, Inc. promptly after being alerted of any suspected unauthorized access or use of the Website and content by others.

5.     Restrictions on Use.

A.     You may not utilize the Website and content for any illegal purpose or otherwise violate any TERMS.

 

B.     You agree to use the Website and content solely for your personal use and benefit or that of your organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity.

 

C.     You agree not to use, transfer, distribute or dispose of any information contained in the Website and content in any manner that could compete with the business of Program Partners, Inc. 

 

D.     You acknowledge that the Website and content has been developed, compiled, prepared, revised, selected, and arranged by Program Partners, Inc. and constitutes protected intellectual property and trade secrets of Program Partners, Inc. 

 

E.     You agree to protect the proprietary rights of Program Partners, Inc. and all others having rights in the Website and content during and after the term of this agreement and to comply with all reasonable written requests made by Program Partners, Inc. or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Website and content.

 

F.     You agree to notify Program Partners, Inc. promptly upon becoming alerted to any suspected unauthorized access or use of the Website and content by any party or of any claim that the Website and content infringes upon any copyright, trademark or other contractual, statutory, or common law rights.

 

G.     You may not reproduce, distribute, publish, transmit or in any way exploit any part of the website and content, except that you may download material from the Website and content for use by you except copyrighted materials used without our written permission.

 

H.     Modification of the website and content's content would be a violation of Program Partners, Inc.'s copyright and other proprietary rights.

 

I.      Additionally, you may not offer any part of the website and content for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Program Partners, Inc.  

 

J.      The website and content and the information contained therein may not be used to construct a database of any kind.

 

K.     The website and content and the information contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database website and contents containing all or part of the Website and content.

 

L.     Furthermore, you may not use any of Program Partners, Inc. names or marks in any manner that creates the impression such names or marks belong to or are associated with you or imply any endorsement by Program Partners, Inc. , and you acknowledge that you have no ownership rights in and to any of these names or marks.

 

M.    You will not use the website and content, the information contained therein or any of Program Partners, Inc.'s names or marks in unsolicited mailings or spam material and will not spam or send unsolicited mailings to any person or entity using the Website and content.

 

N.     You have no implied or expressed rights or licenses in or to the Website and content and materials contained therein other than the limited right to utilize the Website and content in accordance with the TERMS.

 

O.     Program Partners, Inc. prohibits caching this Web site, unauthorized hypertext links to this Site, and the framing of any materials available through this Site.

 

P.     Program Partners, Inc. reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to this Site.

 

Q.     Other internet sites which are linked to this website have their own terms and conditions of use and privacy policies.

 

R.     Access to any other Internet sites linked to this website is at your own risk and Program Partners, Inc. expressly disclaims all liability related to such websites.

 

6.     Rights Reserved.

 

A.     All present and future rights in and title to the Website and content are reserved to Program Partners, Inc. 

 

7.     Disclaimer and Limitation of Liability.

 

A.     You agree that your use of the Website and content is at your sole risk and acknowledge that the Website and content and contents are provided "as is" and that Program Partners, Inc. makes no warranty of any kind, express or implied, as to the items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use.

 

B.     Program Partners, Inc. does not warrant that the website and content is compatible with your computer equipment of any kind, or is free of errors or viruses, worms or "trojan horses" and is not liable for any damage you may suffer because of such destructive features.

 

C.     You agree that Program Partners, Inc. , its suppliers, and its third-party agents shall have no responsibility or liability for:

1)     Any injury or damages, whether caused by the negligence of Program Partners, Inc., its employees, directors, officers, managers, assigns, subcontractors, agents, suppliers or otherwise arising in connection with the website and content; or

 

2)     Any fault, inaccuracy, omission, delay, or any other failure in the website and content caused by your computer equipment or arising from your use of the website and content on such equipment.

D.     The content of other web sites, website and contents, goods, or advertisements that may be linked to the website and content is not maintained or controlled by Program Partners, Inc.  

1)     Program Partners, Inc. is therefore not responsible for the availability, content or accuracy of other web sites, website and contents or goods that may be linked to, or advertised on, the website and content.

E.     Program Partners, Inc. does not:

1)     Make any warranty, express or implied, with respect to the use of the links provided on, or to, the website and content;

 

2)     Guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, website and contents, goods, or advertisements that may be linked to the website and content; or

 

3)     Make any endorsement, express or implied, of any other websites or ads that may be linked to the website and content.

F.     Program Partners, Inc. is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website and content.

G.     You understand that Program Partners, Inc., and/or third-party contributors to the website and content may choose at any time to inhibit or prohibit their content from being accessed under the terms.

 

8.     Limitation of liability.

 

A.     You agree that under no circumstances, including but not limited to negligence, shall Program Partners, Inc. , its suppliers or its third-party agents be liable to you or any third party for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an authorized representative of Program Partners, Inc. has been advised explicitly of the likelihood of such damages, arising from use of or inability to use, the website and content or any links or items on the website and content or any provision of the terms, such as, but not limited to, loss of income or estimated profits or lost business opportunity.

 

B.     This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, unauthorized access, or any force majeure.

 

C.     Program Partners, Inc. cannot and does not guarantee continuous, uninterrupted, or secure access to the site. (applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.)

 

9.     Representations and Warranties.

 

You represent, warrant and covenant that you:

 

A.     Have the power and authority to enter into this agreement;

 

B.     Are at least eighteen (18) years old;

 

C.     Shall not use any rights granted hereunder for any unlawful purpose; and

 

D.     Shall use the Website and content only as set forth in these TERMS.

 

10.  Indemnification.

 

A.     You agree, at your own expense, to indemnify, defend and hold harmless Program Partners, Inc. and its employees, representatives, suppliers, and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Website and content, or any links on the Website and content, including, but not limited to:

 

1)     Your or someone using your computer(s) to access and use the Website and content;

 

2)     A violation of the TERMS by you or anyone using your computer;

 

3)     A claim that any use of the Website and content by you or someone using your computer infringes any copyright, trademark, or other intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;

 

4)     Any removals, embellishments, additions, or modifications to, or any unauthorized use of, the Website and content by you or someone using your computer; or

 

5)     Any misrepresentation or breach of representation, warranty or covenant made by you contained herein.

 

6)     You agree to pay all costs, damages and expenses (including reasonable attorneys' fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.

 

11.  Termination.

 

A.     Either you or Program Partners, Inc. may terminate this agreement with or without cause at any time and effective immediately.

 

B.     You may terminate by discontinuing use of the Website and content and destroying all materials obtained from the Website and content.

 

C.     This agreement will terminate immediately without notice from Program Partners, Inc. if Program Partners, Inc. determines, in its sole discretion that you have failed to comply with any provision of these TERMS.

 

D.     Upon termination by you or upon notice of termination by Program Partners, Inc. , you must promptly destroy all materials obtained from the Website and content and any copies thereof.

 

E.     All applicable Sections shall survive any termination of this agreement.

 

12.  Governing Law.

 

A.     These TERMS shall be governed and construed in accordance with the laws of the United States of America and the State of TEXAS without giving effect to conflicts-of-law principles thereof.

 

B.     You agree to submit to the personal jurisdiction of the state and federal courts located in TEXAS with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.

 

C.     You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these terms and conditions must be filed within one

(1) year after such claim or cause of action arose.

 

D.     If any provision of the TERMS is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the TERMS shall remain in full force and effect.

 

13.  Foreign Access.

 

A.     If you choose to access the Website and content from outside the United States, you are responsible for compliance with foreign and local laws.

 

B.     Program Partners, Inc. does not provide insurance brokerage, third party administrator, or other website and contents to governments, governmental agencies, other groups, individuals, or any of their agents which are subject to U.S. trade sanctions, including, without limitation, to the following Embargoed Persons:

 

1)     Governments, government agencies, businesses organized in, and nationals or residents of any embargoed governments or regimes or

 

2)     To anyone on the U.S. Treasury Department's Office of Foreign Asset Control's lists of Specially Designated Nationals, Specially Designated Global Terrorists, and Foreign Terrorist Organizations.

 

C.     By using the Website and content, you represent and warrant that you are not an Embargoed Person and are not controlled by or acting as an agent of any such an Embargoed Person.