In consideration of the foregoing premises, the following mutual covenants, and other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be bound legally hereby, the parties agree as follows:
Privacy and Acceptable Use
When you visit the ACS Site or send e-mails to ACS, you are communicating with ACS electronically and consent to receive communications from ACS electronically. ACS will communicate with you by e-mail or by posting notices on the ACS Site. You agree that all agreements, notices, disclosures and other communications ACS provides to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the ACS Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ACS or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the ACS Site is the exclusive property of ACS and protected by United States and international copyright laws. All software used on the ACS Site is the property of ACS or its software suppliers and protected by United States and international copyright laws.
ACS graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ACS in the United States and/or other countries. ACS's trademarks and trade dress may not be used in connection with any product or service that is not ACS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ACS. All other trademarks not owned by ACS that appear on the ACS Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ACS.
License and Site Access
ACS grants you a limited license to access and make use of the ACS Site for the purpose of acquiring information for the purchase of an insurance product from a third party insurer, and/or the sale of an insurance product by a third party insurer ("the Purpose"). You are granted no license to download (other than page caching) or modify the ACS Site, or any portion of it, except with express written consent of ACS. This limited license does not include any right of resale of the ACS Site or its contents; any derivative use of the ACS Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by ACS in a separate Agreement signed by ACS, your right to use any software, data, documentation or other materials that you access or download through the ACS Site is subject to these Site Terms; if you have an ACS account, the Agreement; and, if you access any proprietary ACS software, a Software End User License Agreement for that software is also governing.
The ACS Site or any portion of the ACS Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose other than the Purpose without express written consent of ACS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ACS without express written consent. You may not use any meta tags or any other "hidden text" utilizing ACS's name or trademarks without the express written consent of ACS. You may not use any ACS logo or other proprietary graphic or trademark as part of the link without express written permission. Any unauthorized use terminates the permission or license granted by ACS.
If you use the ACS Site, you are responsible for maintaining the confidentiality of any ACS account and password you establish, and for restricting access to your account or any computer associated with it, and you agree to accept responsibility for all activities that occur under your account or password. Each ACS account that you establish is personal to you, and you may not grant access to the account to any third party without express written permission of ACS. ACS reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Reviews, Comments, Communications, and Other Content
You (and anyone under your supervision or direction) are prohibited from posting to, transmitting to or from, or otherwise using the ACS Site for any unlawful, threatening, fraudulent, libelous, defamatory, obscene, pornographic, infringement of an intellectual property right, violation of a right of privacy or publicity, or other material or activity that would violate any law. You are prohibited from damaging or otherwise interfering with the operation of the ACS Site, using data obtained from the ACS Site, accessing the ACS Site without authorization or under false pretenses, monitoring activities of the ACS Site, disabling any security feature associated with the ACS Site, deliberately attempting to overload or impair the operation of a system that operates the ACS Site, or other performing any other activity that would be regarded commonly in the industry as a security violation, a computer or network abuse, or as some other illegal, offensive or harmful act. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
Disclaimer of Warranties
THE ACS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ACS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. ACS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ACS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ACS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ACS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTY THAT USE OF THE SITE WILL NOT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ACS DOES NOT WARRANT THAT THE ACS SITE, INCLUDING BUT NOT LIMITED TO ANY, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ACS SITE, ITS SERVERS, OR E-MAIL SENT FROM ACS ARE FREE OF VIRUSES, OTHER MALWARE OR OTHER HARMFUL COMPONENTS.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL ACS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE ACS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF ACS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ACS SITE, ANY CONTENT ON THE ACS SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ACS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE ACS SITE, THAT YOUR USE OF THE ACS SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
Modification and Severability
ACS reserves the right to make changes to the ACS Site, the ACS policies, and these Site Terms at any time. By accessing or using the ACS Site, you agree to the latest version of these Site Terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
By visiting the ACS Site, you agree that all matters relating to your access to, or use of, the ACS Site and the Site Terms shall be governed by the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof, and shall be heard in the State or Federal Courts sitting within the Eastern District of Michigan and you agree and submit to the personal and exclusive jurisdiction of those Courts.
Acceptable Use Policy
Agency Computer Systems, Inc., including its respective affiliates and subsidiaries (hereinafter, collectively referred to as "ACS"), developed this Acceptable Use Policy ("Policy") to describe prohibited uses of the ACS Web Site, located at acs2000.net (and any successor or related Web Site designated by ACS), as may be updated by ACS from time to time (the "ACS Site"), products, and services (collectively the "Services"). This Policy does not apply to web sites, services or products that ACS does not own or control or any other web site that ACS may link.
In consideration of the foregoing premises, the following mutual covenants, and other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be bound legally hereby, the parties agree as follows
By accessing or using the Services, you agree to the terms of this Policy. If you do not agree to these terms, please do not access or use the Services. If you violate the Policy or authorize or help others to do so, ACS may suspend or terminate your use of the Services.
No Illegal, Harmful, or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
No Security Violations
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a "System"). Prohibited activities include:
No Network Abuse
You may not make network connections to any users, hosts, or networks using the ACS Site, unless you have permission to communicate with them. Prohibited activities include:
No E-Mail or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations, including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender's identity without the sender's explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
Our Monitoring and Enforcement
ACS reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services. ACS may:
ACS may report any activity that ACS suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. ACS reporting may include disclosing appropriate customer information. ACS also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Modification and Severability
ACS reserve the right to make changes to this Policy and the Services at any time. By accessing or using the Services, you agree to the latest version of this Policy. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
This Policy shall be governed by and construed in accordance with the laws of the State of Michigan, exclusive of its choice-of-law rules. Any and all disputes involving the Policy shall be heard in the State or Federal Courts sitting within Eastern (U.S. judicial) District of Michigan, and you agree and submit to the personal and exclusive jurisdiction of those Courts.
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