Terms Of Use
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I. Welcome to Insurance by Ken
Brown’s Website.
Welcome to the website of Insurance by Ken Brown, Inc., (the “Company”).
If you visit this
website, you accept and are subject to and bound by these
Terms of Use. All of our visitors and
customers must read this document carefully.
II. Privacy.
Our Privacy
Policy is
incorporated in and made part of these Terms of Use. Please
take a
few minutes to read the Privacy Policy, which also governs
your visit to and use of this website.
III. Disclosures.
Suggestions: Suggestions and offers on this website are not
recommendations by the Company
and may not be appropriate for all users, even where the
website indicates that users like you have
purchased the product. Nothing in this website constitutes
a recommendation by the Company for certain
products or services. It is important that you contact a
Company agent to further discuss products and
services that may be available to you. Furthermore, it is
the sole discretion of each person, business, or
entity to determine the appropriate limits of insurance coverage
for that person, business, or entity’s
unique situation. Nothing in this website will be construed
as a recommendation by the Company to
carry a specific amount of insurance coverage.
Availability
of Products and Services: Not all of the products or services
described in this
website may be available. You may not be eligible for all
products and services and the Company
reserves the right to determine such eligibility as permitted
by law. Certain products or services may be
subject to specific terms, conditions, representations, or
agreements.
Tax/Legal Advice: This website is not intended
to provide legal or tax advice. Consult a
professional legal or tax advisor for specific advice regarding
your situation.
Foreign Jurisdictions: The Company’s
products and services are available only in those
jurisdictions where the Company is authorized or permitted
by law to promote or sell them.
IV. Intellectual Proprietary
Rights.
The Company owns intellectual property that is exclusive
to the Company. The works of
authorship contained in this website and in the domain www.insbykenbrown.com,
including but not
limited to all design, text and images, are owned, except
as otherwise expressly stated, by the Company
and may not be copied, reproduced, transmitted, displayed,
performed, distributed, rented, sublicensed,
altered, stored for subsequent use or otherwise used in whole
or in part in any manner without the prior
written consent of the Company. You acknowledge and agree
that this website is proprietary and belongs
exclusively to the Company. These materials are protected
by intellectual property and other laws. Your
use of this website is permitted by a use license, as set
forth below. The license is personal and nontransferable.
You agree not to modify, copy, create derivative works of
or to otherwise permit any party
to, attempt to appropriate the Company’s intellectual
property.
V. License.
The Company grants you a limited license to access and make
personal use of this website. You
are not permitted to download, copy, or modify this website
for your personal or other use unless
expressly permitted by the Company. You are not permitted
to use this website, or any part of this
website, for commercial purposes. Furthermore, you may not,
nor may you allow others, directly or
indirectly, to attempt to or actually: disrupt, disable,
or impair or inhibit another from using our website;
transmit any software, device, routine, or other materials
that contain any virus, work, time bomb, trojan
horse, or other material that contains any virus, worm, or
other harmful, destructive, or disruptive
component; use any robot, spider, site search/retrieval application,
or any other manual or automated
device to retrieve, index, data mine or in any way reproduce
or circumvent the navigational structure or
presentation of our services or materials; collect or harvest
any information about other visitors or users of
our website or our employees, officers, directors, or agents;
and/or to obtain or attempt to obtain any
materials or information through any means not expressly
available through our services and materials.
VI. Linking.
Unless you have an express license from the Company that
states otherwise, you may not provide
any hypertext or other link to this website. Any unauthorized
third party sites linked from this website are
not under the Company’s control, and the Company does
not assume any responsibility or liability for any
communications or materials available at such linked sites.
The Company does not intend any authorized
links on this website to be referrals or endorsements of
the linked entities and such links are permitted and
provided for convenience only.
VII. Information provided by
third-parties.
Much of the information and material contained on this website
is obtained from sources believed
by the Company to be accurate and reliable. The Company makes
no warranty that product descriptions
or other content is complete, current, or error-free. Because
of the possibility of human and mechanical
error as well as other factors, the Company is not responsible
for any errors or omissions, with all
information being provided “as is” without warranty
of any kind. The Company makes no
representations and disclaims all express, implied, and statutory
warranties of any kind to users and/or
any third party, including without limitation warranties
as to accuracy, timeliness, completeness,
merchantability, fitness for any particular purpose or intellectual
property noninfringement.
VIII. Limitation and Disclaimer
of Warranties.
To the maximum extent permitted by law, the Company has no
liability in tort, contract, or
otherwise (and as permitted by law, product liability), to
any visitor, user, customer, and/or any third
party. The Company shall under no circumstance be liable
to you or any third party for any lost profits or
lost opportunity, direct, indirect, special, consequential,
incidental, or punitive damages whatsoever, even
if the Company has been advised of the possibility of such
damages. Some U.S. states and foreign
countries provide rights in addition to those above or do
not allow the exclusion or limitation of implied
warranties or liability or incidental or consequential damages.
Therefore, the above limitations may not
apply to you or there may be state provisions that supersede
the above. Any clause of these Terms of Use
declared invalid shall be deemed severable and not affect
the validity or enforceability of the remainder.
The provisions of these Terms of Use may only be amended
in a writing signed by the Company and are
governed by the laws of the State of Florida.
USE OF THE COMPANY’S WEBSITE
IS AT YOUR SOLE RISK. THE COMPANY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE
COMPANY
MAKES NO WARRANTY THAT ITS WEBSITE WILL BE UNINTERRUPTED,
TIMELY,
SECURE, OR ERROR FREE. THE COMPANY WILL NOT BE LIABLE FOR
ANY DIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE
OR NOT,
WHICH MAY RESULT FROM THE USE OF THIS WEBSITE.
IX. Applicable law and venue.
This website is created at the direction of and controlled
by the Company in the State of Florida,
USA. Any issue arising out of or relating to the Company’s
website, these Terms of Use, the Privacy
Policy, or any related issue shall be governed by the laws
of the State of Florida without giving effect to
any principles of conflicts of laws and venue for any such
issue shall be in Orlando, Orange County,
Florida.
X. Dispute resolution.
You agree that any dispute arising out of or relating to
the Company’s website, these Terms of
Use, the Privacy Policy or any related issue shall be heard
in the Circuit Court in and for Orlando, Orange
County, Florida without regard to diversity of jurisdiction
or the amount in controversy. You agree that
any such dispute shall be heard by a judge and you agree
to waive any and all rights to trial by jury. The
prevailing party in any such action shall be entitled to
costs and reasonable attorney’s fees to be paid by
the non-prevailing party.
XI. Changes to Website and Terms
of Use.
The Company reserves the right to make changes to its website,
the Privacy Policy and these
Terms of Use at any time.
XII. Contact the Company.
In writing:
Insurance by Ken Brown, Inc.
P.O. Box 948117
Maitland, FL 32794-8117
Attn: Web site coordinator
Via electronic mail:
mailroom@insbykenbrown.com
These Terms of Use were last updated on November 5, 2007.
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