Frontier
Adjusters, Inc.
SILO
Client Data Repository
Terms of
Use
1.
Acceptance
of Terms of Use and Amendments
Each time you use or cause access to this web site,
you agree to be bound by these Terms of Use, and as amended from time to time
with or without notice to you. In addition, if you are using a particular
service on or through this web site, you will be subject to any rules or
guidelines applicable to those services and they shall be incorporated by
reference into these Terms of Use. Please see our Privacy Statement which, is
incorporated into these Terms of Use by reference.
2.
Our
Service
Our web site and services provided to you on and
through our web site are on an AS IS basis. You agree that the owners of this
web site exclusively reserve the right and may, at any time and without notice
and any liability to you, modify or discontinue this web site and its services
or delete the data you provide, whether temporarily or permanently. We shall
have no responsibility or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
3.
Privacy
Policy
Registration data and other personally identifiable
information that we may collect is subject to the terms of our Privacy
Statement.
4.
Registration
and Password
You are responsible to maintain the confidentiality
of your password and related login information and shall be responsible for all
uses via your registration and/or login, whether authorized or unauthorized by
you. You agree to immediately notify us of any unauthorized use or your
registration, user account or password.
5.
Your
Conduct
You agree that all information or data of any kind,
whether text, software, code, music or sound, photographs or graphics, video or
other materials (Content), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose user
account is used. We shall not be responsible to you in any way for the Content
that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any
service provided, that you shall not:
i.
Provide any Content or perform any conduct that may
be unlawful, illegal, threatening, harmful, abusive, harassing, stalking,
tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site or any
service provided, infected with a virus or other destructive or deleterious
programming routine, give rise to civil or criminal liability, or which may
violate an applicable local, national or international law;
ii.
Impersonate or misrepresent your association with
any person or entity, or forge or otherwise seek to conceal or misrepresent the
origin of any Content provided by you;
iii.
Collect or harvest any data about other users;
iv.
Provide any Content that may give rise to our civil
or criminal liability or which may constitute or be considered a violation of
any local, national or international law, including but not limited to laws
relating to copyright, trademark, patent, or trade secrets.
6.
Third
Party Services
Goods and services of third parties may be
advertised and/or made available on or through this web site. Representations
made regarding products and services provided by third parties are governed by
the policies and representations made by these third parties. We shall not be
liable for or responsible in any manner for any of your dealings or interaction
with third parties.
7.
Indemnification
You agree to indemnify and hold us harmless, our franchisees,
subsidiaries, affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners, and co-branders from
any claim or demand, including reasonable attorney's fees, that may be made by
any third party, that is due to or arising out of your conduct or connection
with this web site or service, your provision of Content, your violation of
this Terms of Use or any other violation of the rights of another person or
party.
8.
DISCLAIMER
OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB
SITE AND ANY SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND
PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY
PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY
MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY
PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT
USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND
WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of
implied warranties and the above disclaimer may not apply to you only as it
relates to implied warranties.
9.
LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE
OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE
GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH
THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit
liability and therefore such limitations may not apply to you.
10.
Reservation
of Rights
We reserve all of our rights, including but not
limited to any and all copyrights, trademarks, patents, trade secrets, and any
other proprietary right that we may have in our web site, its content, and the
goods and services that may be provided. The use of our rights and property
requires our prior written consent. We are not providing you with any implied
or express licenses or rights by making services available to you and you will have
no rights to make any commercial uses of our web site or service without our
prior written consent.
11.
Applicable
Law
You agree that this Terms of Use and any dispute
arising out of your use of this web site or our products or services shall be
governed by and construed in accordance with local laws where the headquarters
of the owner of this web site is located, without regard to its conflict of law
provisions. By registering or using this web site and service you consent and
submit to the exclusive jurisdiction and venue of the county or city where the
headquarters of the owner of this web site is located.
12.
Miscellaneous
Information
a) In the
event that this Terms of Use conflicts with any law under which any provision
may be held invalid by a court with jurisdiction over the parties, such
provision will be interpreted to reflect the original intentions of the parties
in accordance with applicable law, and the remainder of this Terms of Use will
remain valid and intact;
b) The
failure of either party to assert any right under this Terms of Use shall not
be considered a waiver of any that party's right and that right will remain in
full force and effect;
c) You
agree that without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within one (1) year
after such claim or cause arose or the claim shall be forever barred;
d) We may
assign our rights and obligations under this Terms of Use and we shall be
relieved of any further obligation.