Last Modified: January 23, 2022
These Terms are entered into between you and eSpecialty Insurance Services Agency, Inc. (“Company” “we” or “us”).
The term “you” or “your” refers to any user, purchaser, or visitor of especialty.com and related content, pages and sites (the “Website”), including any content, services, functionality, mobile applications, and downloadable materials provided by the Company (the “Content”). By using the Website and the Content (the “Services”) you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with the Company. Collectively, you and Company will be referred to as the “Parties.”
ACCEPTANCE OF TERMS
We reserve the right to update or change the Terms at any time in our sole discretion. All changes are effective immediately once posted to the Website and apply to the Services thereafter. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. The “last modified” date at the top of this page reflects the last date changes were made to the Terms.
You agree that all information you provide to register with or use the Services, including, but not limited to, through the use of any interactive features, is governed by these Terms and you consent to all actions we take with respect to your information consistent with the Terms.
ACCESS AND USE OF SERVICES
Company reserves the right to modify or discontinue the Services, or any part thereof, temporarily or permanently, with or without notice. You agree that Company will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
If you are provided with a username, password, security information or any other account information, you must treat such information as confidential. You may not provide your username, password or other account information to another person or provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any authorized access to or use of your account, username or password. You agree to exit your account at the end of each session and exercise caution when accessing an account from a public or shared computer so that others are not able to view or record your personal information.
INTELLECTUAL PROPERTY RIGHTS
All content and features of the Services, including but not limited to information, software, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.
You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the content or material in the Services without the prior written permission of the Company.
COPYRIGHT INFRINGEMENT NOTICE
If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify eSpecialty Insurance Services Agency, Inc. of your claim at [email protected], as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located within the Services, with enough detail that we may find it;
- Your name, company name, address, telephone number and email address;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, the Company has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
By submitting content, comment, photo, video or other materials into our Services, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.
Fees for are set forth on the Services, if any. We reserve the right to change the fees at any time.
You agree and warrant that all payment instruments, credit card and related information, i.e. billing address, used in connection with any Service that is provided for a fee, are correct and that you are authorized to use such payment instrument. With regard to any payment plan or payment services, you agree to pay Company or the payment service the amount specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize Company to bill your payment instrument in accordance with the terms of the applicable payment plan.
If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater, unless alternative late payment terms are provided to you.
THIRD PARTY LINKS
The Company, through the Services, will provide links to other sites and resources that are provided by third parties. The links may include links in advertisements or sponsored links, and may include the passing of information related to you and your organization. These links are provided solely for your convenience. Company cannot control the contents of third party websites or use of information, and if you choose to access third party websites you do so at your own risk. Company is not responsible for such third party sites. You agree that Company will not be liable for any loss or damage that may arise from your use of them.
Certain links in the Services are affiliate links. If you click on one of these “affiliate links” and provide information or make a purchase, eSpecialty Insurance may earn a commission. As a policy, eSpecialty Insurance will only affiliate with organizations and other experts that we use, recommend, or believe will provide value to our customers and followers. It is your responsibility to investigate whether any affiliate offers will benefit you. You will not rely on any recommendation, reference, or information provided by eSpecialty Insurance and are responsible for conducting your own investigation in deciding whether to purchase the product or service.
The Services may include certain services that are available via mobile device “Mobile Services.” To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
USER CONDUCT AND CONTRIBUTIONS
These User Conduct Standards apply to all Services, including all comments, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other material (“User Content”) that you upload, publish, email or display via the Services. You are solely responsible for all User Content that you upload, publish, email or display via the Services. User Content must comply with all applicable federal, state, local, and international laws and regulations. User Content must not: i) Infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity; ii) Contain 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 or pose or create a privacy or security risk to any person; iii) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; iv) Contain any material that is defamatory, obscene, indecent, pornographic, vulgar, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; v) Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person; vi) Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; vii) Solicit personal information from anyone under the age of 18; viii) Promote any illegal activity or unlawful act; ix) Impersonate any person or entity, or misrepresent your identity or affiliation with any person or organization; x) Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means; xi) Involve activities such as contests, sweepstakes, and other sales promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. The Company reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in its sole discretion, it determines violates these Terms. The Company is not responsible for User Content nor does it endorse any opinion contained in any User Content. You will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including attorney’s fees) arising out of any claims related to your User Content.
WEBSITE MONITORING / ENFORCEMENT
We have the right to monitor your use and User Content and to remove or refuse to post any User Content for any or no reason in our sole discretion. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services or User Content.
We have the right to terminate or suspend your access to the Services for any or no reason including without limitation, any violation of these Terms.
NO RESPONSIBILITY/ERRORS DISCLAIMER
Company makes no representations, express or implied, about the completeness, accuracy, reliability, or availability about the Services, and Company is not liable for any false, inaccurate or incomplete information within or related to the Services, and Company reserves the right to correct any errors or omissions. Company does not guarantee that the Services or other materials do not contain viruses, worms, “trojan horses,” or other destructive materials, and Company is not liable for damages or harm from such materials.
Services include commentary and descriptions of insurance coverage and policies. Insurance policies issued to you or an organization are the determinant of coverage provided, and no Services or other communications of any kind from Company changes the coverage provided in a policy issued by any insurance company. Insurance policies are not all the same. Some policies are more comprehensive than others, and some policies provide broader coverage in specific areas. In addition, you or an organization may have different exposures and coverage needs from others. You must read your proposal for insurance, quote and policy to determine the coverage provided.
To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services or that the Services will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Services, its related content, or any services obtained through the Services will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, or that the Services are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or any other use of the Services, or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, other than insurance professionals. Nothing on in the Services should be construed as medical, legal, or financial advice.
WARRANTIES AND REPRESENTATIONS
Your use of the Services is at your own risk. The Services, and other services obtained through the Services, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Company makes no guarantees, representations or warranties of any kind or nature, express or implied, including without limitation, those of non-infringement, merchantability, title, fitness for a particular purpose, and warranties arising from course of dealing or course of performance with respect to the Services, or any content or any information, goods or services that are available, advertised or sold through the Services. Company disclaims all liability in connection with the use of the Services for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties. Your use of the Services, or products obtained through the Services, is at your own risk.
While we may reference certain results, outcomes or situations in the Services, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your access, purchase or completion of any material or products as part of the Services. Any results displayed in the Services are not guaranteed or typical.
THIRD PARTY DISCLAIMER
We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Services or any services or items obtained through the Services. Where the Services contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use.
We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. The Services are updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all information on the in the Services are completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.
ASSUMPTION OF RISK
By accessing the Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the materials provided to you.
INDEMNITY AND RELEASE
You agree to indemnify, defend and hold harmless Company, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your use of the Services, including but not limited to your User Content, any use of the Services’ content, and products other than as expressly authorized in these Terms, or your use of any of the information obtained from the Services.
LIMITATION ON LIABILITY
You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with the Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
If any portion of the Terms is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
This Website is operated and Services provided by eSpecialty Insurance Services Agency Inc., P.O. Box 980453, Park City, UT 84098. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected].
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising from or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule.
BINDING ARBITRATION, VENUE AND CHOICE OF LAW