This Insure-Inc.com Internet Website User Agreement ("Agreement") is between you and Insure-Inc.com, doing business as NetGears LLC. ("NetGears"), with a principal place of business in San Francisco County, CA, United States of America. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Insure-Inc.com Services. By using the Insure-Inc.com Services, you agree to be bound by this Agreement. The term "User" refers to a Visitor. You are only authorized to use the Insure-Inc.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Use of the Insure-Inc.com Internet Website (the "Insure-Inc.com Website" and "Website") signifies your agreement to the terms and conditions of use set forth below in this Agreement: 1. Use of Website Conditioned upon Agreement. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE INSURE-INC.COM WEBSITE. (Your failure to read this Agreement will not excuse you from its terms and conditions of use.) Please read this Agreement carefully and save it.
If you do not agree to these terms and conditions of use, you may not access or otherwise use the Website. By using the Website, you acknowledge that you have read this Agreement and that you agree to be contractually bound by it.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. This Agreement may be modified by NetGears from time to time, such modifications to be effective upon posting by NetGears on the Website. This Agreement includes NetGears's Acceptable Use Policy, Content Posted, and Code of Conduct on the Website. By accessing the Website, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
By using the Insure-Inc.com Services, you represent and warrant that (a) if you are under the age of 18 you have permission from your legal guardian to utilize Insure-Inc.com Services. (b) Your use of the Insure-Inc.com Services does not violate any applicable law or regulation.
This Agreement shall remain in full force and effect while you use the Insure-Inc.com website.
By accessing the Website, you consent to have this Agreement provided to you in electronic form.
You acknowledge and agree that the Service uses and contains proprietary and confidential technology and information owned by or licensed to NetGears, and protected by applicable intellectual property and other laws and international treaties. You are not granted any right or license with respect to the trademarks of Insure-Inc.com, NetGears, or any third-party. You further acknowledge and agree that Content contained in sponsor advertisements or displayed, streamed, or otherwise made available through the Service may be protected by applicable intellectual property and other laws and international treaties.
As explained herein, use of the Site and Service is also governed by our "Privacy Policy".
The Service (including any software contained therein) is provided "AS-IS." Any use of the Service is at your own risk. To the maximum extent permitted by applicable law, NetGears expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. NetGears makes no representation or guarantee that the Service will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, Trojan horses, attacks, hacking, or other security breaches; and NetGears disclaims any liability relating thereto. NetGears cannot guarantee and does not promise any specific results from use of the Service or Internet.
The Service may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall NetGears be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, NetGears shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, computer online system, server or provider, computer or other equipment, email, media player, or other software or hardware - whether resulting from technical problems, traffic congestion on the Internet or at any Website or combination thereof, or any other reason. NetGears shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond NetGears's reasonable control, including without limitation 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 heating, lighting, or air conditioning. NetGears shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation in the Service, from accessing or using Content or other materials in connection with the Service, and/or from any other reason set forth herein. Without prior notice, NetGears may modify, suspend, or discontinue any part of the Service (including any Content) or your use of them; and in the event NetGears does so, it will not be liable to you or any third-party.
NetGears shall not be held liable for any incorrect or inaccurate Content posted on the Site or in connection with the Service, or any equipment or programming associated with or used in the Service. Under no circumstances shall NetGears be held liable for any loss, damage, or injury, including without limitation personal injury or death, resulting from any use of the Service, any Content posted on the Service or transmitted to users, or any interaction between users, whether online or offline.
Some of the Content, products, and services available through the Service may include materials belonging to Third-Parties. NetGears or its partners may present advertisements or promotional content on or through the Service. NetGears has no control over and does not warrant, endorse, guarantee, or assume liability for any Content, product, or service that is advertised, promoted, or offered by a third-party through the Service or any hyperlinked Website, or featured in any banner or other advertising. Your dealings with, or participation in promotions of, any third-party advertiser on or through the Service are solely between you and the third-party. You agree that NetGears shall not be held liable, directly or indirectly, for any loss, damage, or injury of any kind incurred as a result of any such dealings or the presence of such Third-Parties on the Service. As when dealing with any product or service provider, you should use your best judgment and exercise caution as appropriate.
NetGears reserves the right, in its sole discretion, to modify, delete, or otherwise change URL addresses and/or content, at any time, and without liability.
IN NO EVENT SHALL NetGears BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF NetGears HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NetGears OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND NEITHER YOU NOR ANY THIRD-PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT NetGears SHALL NOT BE LIABLE FOR CONTENT UPLOADED BY USERS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR OTHER THIRD-PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM THE FOREGOING. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NetGears'S ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NetGears FOR THE SERVICE.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NetGears, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM ANY CLAIM, SUIT, ACTION, DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD-PARTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU UPLOAD, YOUR USE OF CONTENT ACCESSED FROM THE SITE OR SERVICE, YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.
By using the Service, you agree that the Service shall be deemed solely based in California, and the Site shall be deemed a passive Website that does not give rise to personal jurisdiction over NetGears, either specific or general, in jurisdictions beyond California. In the event there is any dispute about or involving the Service, such dispute will be governed by the laws of the State of California without regard to its conflict of law principles. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, in San Francisco County. The parties intend the forum choice of San Francisco County, California to be mandatory and not permissive in nature.
Insure-Inc.com does not currently send notices. Should we change our business practices, our Privacy Policy and Terms of Use statements will reflect such changes.
To the extent that software used in connection with the Service ("Software") is subject to U.S. export controls, it may not be downloaded from the Service or otherwise exported or re-exported: (A) into, or to a national or resident of, Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
This Agreement (including all Insure-Inc.com policies, guidelines, rules, and notices incorporated by reference herein) represents the complete and exclusive statement of the agreement between NetGears and you regarding the use of the Insure-Inc.com Site or Service; and it supersedes any prior proposal, oral or written agreement, and any other communications between NetGears and you relating to the subject matter of this Agreement. Any failure of NetGears to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of the Agreement shall continue in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Unless expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You understand that you are responsible for protecting yourself and your personal and financial information, that you are not entrusting that responsibility to anyone else, and that you understand that nothing on Insure-Inc.com is designed to or should be expected to do any of that for you.
If you have any questions about this User Agreement, the practices of this site, or your dealings with the Insure-Inc.com website, you can contact:
NetGears LLC
PO Box 77231
San Francisco, CA 94107, USA