Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated
on December 22, 2007.
This Terms of Use Agreement sets forth the standards of use of
the KnowYourAgent.net’s Online Service. By using the KnowYourAgent.net
website you (the “Member”) agree to these terms and
conditions. If you do not agree to the terms and conditions of
this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter,
or update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon
being posted at KnowYourAgent.net website. Your continued use
of the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except
as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
KnowYourAgent.net is providing Member with either a profile as
an agent, or the ability to write and read reviews on insurance
agents as a consumer. Member must provide (1) all equipment necessary
for their own Internet connection, including computer and modem
and (2) provide for Member’s access to the Internet, and
(3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by KnowYourAgent.net on an “as is”
and on an “as available” basis. To the fullest extent
permitted by applicable law, KnowYourAgent.net makes no representations
or warranties of any kind, express or implied, regarding the use
or the results of this web site in terms of its correctness, accuracy,
reliability, or otherwise. KnowYourAgent.net shall have no liability
for any interruptions in the use of this Website. KnowYourAgent.net
disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness
for a particular purpose, and non-infringement. Some jurisdictions
do not allow the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3. Limitation of Liability
KnowYourAgent.net SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
AND IN PARTICULAR KnowYourAgent.net SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES
FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT
OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT,
UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF KnowYourAgent.net
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold KnowYourAgent.net, its parents,
subsidiaries, affiliates, officers and employees, harmless from
any claim or demand, including reasonable attorneys’ fees
and costs, made by any third party due to or arising out of Member’s
use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer,
of any intellectual property or any other right of any person
or entity.
5. Modifications and Interruption to Service
KnowYourAgent.net reserves the right to modify or discontinue
the Service with or without notice to the Member. KnowYourAgent.net
shall not be liable to Member or any third party should KnowYourAgent.net
exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that [Insert Name of Company] does not
guarantee continuous, uninterrupted or secure access to our website
and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third
parties. You acknowledge that we are not responsible for the availability
of, or the content located on or through, any third-party site.
You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links
or the content located on such sites. Your use of those third-party
sites is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage all Members
to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor
Information
Product specifications and other information have either been
provided by the Vendors or collected from publicly available sources.
While KnowYourAgent.net makes every effort to ensure that the
information on this website is accurate, we can make no representations
or warranties as to the accuracy or reliability of any information
provided on this website.
KnowYourAgent.net makes no warranties or representations whatsoever
with regard to any product provided or offered by any Vendor,
and you acknowledge that any reliance on representations and warranties
provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Texas. As
such, we are subject to the laws of Texas, and such laws will
govern this Terms of Use, without giving effect to any choice
of law rules. We make no representation that our website or other
services are appropriate, legal or available for use in other
locations. Accordingly, if you choose to access our site you agree
to do so subject to the internal laws of Texas
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Member may not use the Service
in any way that violates applicable state, federal, or international
laws, regulations or other government requirements. Member further
agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national, or
international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site
design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2007 - 2008 KnowYourAgent.net, with all rights
reserved, or is the property of KnowYourAgent.net and/or third
parties protected by intellectual property rights. Any use of
materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of
an authorized officer of KnowYourAgent.net is strictly prohibited.
Members agree that they will not use any robot, spider, or other
automatic device, or manual process to monitor or copy our web
pages or the content contained therein without prior written permission
of an authorized officer of KnowYourAgent.net.
KnowYourAgent.net’s trademarks may not be used in connection
with any product or service that is not provided by KnowYourAgent.net,
in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits KnowYourAgent.net.
All other trademarks displayed on KnowYourAgent.net’s website
are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors.
In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that
those Vendors endorse or have any affiliation with KnowYourAgent.net.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, KnowYourAgent.net
designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
By
Email
12. Botnets
KnowYourAgent.net retains the right, at our sole discretion,
to terminate any accounts involved with botnets and related activities.
If any hostnames are used as command and control points for botnets,
KnowYourAgent.net reserves the right to direct the involved hostnames
to a honeypot, loopback address, logging facility, or any other
destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful,
void or unenforceable for any reason, the other provisions (and
any partially-enforceable provision) shall not be affected thereby
and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by KnowYourAgent.net
, in our sole discretion, to a third party in the event of a merger
or acquisition. This Terms of Use Agreement shall apply in addition
to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member
agrees that by accepting this Terms of Use Agreement, Member is
consenting to the use and disclosure of their personally identifiable
information and other practices described in our Privacy Policy
Statement.