InsuredBusinesses.com Terms of Use

Last Updated: July 25th, 2017

InsuredBusinesses.com is a directory that verifies liability insurance of businesses (collectively, “Businesses”) to allow users (“You,” “Yourself,” or “Your,” if possessive) the opportunity to further protect themselves against possible financial loss that is more likely when using or hiring uninsured companies.

In addition, InsuredBusinesses.com allows Businesses to display their verification of insurance for free, allowing Businesses to build their reputation as responsible and trustworthy, while gaining a competitive edge over competition who have not verified their insurance through InsuredBusinesses.com.

ABOUT THE INSURANCE VERIFICATION PROCESS

At InsuredBusinesses.com we aspire to display insured and responsible businesses all of us trust with our most valued possessions. We do that by requesting a Certificate of Liability Insurance (“Certificates”) from Businesses so that we can verify liability insurance coverage for Businesses before giving them an “Insurance Verified” status on our website.

Certificates of Businesses are sent to us by insurance agencies (or insurance companies) that give us a snapshot view of a businesses’ in-force insurance policies at the time of the certificate request. While this is a valuable document that generally guarantees liability insurance at the time of issuance, certificates do not give us specific policy coverage details or coverage promises. We are also not notified if a policy(s) is canceled at some point after InsuredBusinesses.com receives the certificates.

For many reasons including the limited amount of information Certificates of Insurance provide and because policy(s) can be canceled at any time by Businesses, it is very important for each person to ask for proof of coverage from Businesses. It is also recommended that individual policies should be examined to be certain of what is or is not covered. In no case should the content of our website be construed as an express or implied guarantee of current or future coverage.

InsuredBusinesses.com Business Profiles are provided solely to assist you in exercising your own best judgment. Information in this Profile is not guaranteed as to accuracy. Each business will show a specific status on our website. The following are the five we use and an explanation of what they mean.

As a consumer, in order to use the service of InsuredBusinesses.com you only need access to the website InsuredBusinesses.com.

As a Business, in order to use the Service of InsuredBusinesses.com, you must read and accept all of the terms and conditions in, and linked to, this Agreement (this “Agreement”). This Agreement may be modified by InsuredBusinesses.com from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of Insuredbussiness.com websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

ACCEPTANCE OF TERMS

The InsuredBusinesses.com Internet site available at www.InsuredBusinesses.com, the Insured Business mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the “Sites and Services”) are owned and operated by InsuredBusinesses.com and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

MODIFICATIONS OF TERMS OF USE

InsuredBusinesses.com may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide InsuredBusinesses.com notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

USE OF THE SITES AND SERVICES

Subject to full compliance with these Terms of Use, InsuredBusinesses.com grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of InsuredBusinesses.com. InsuredBusinesses.com may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. InsuredBusinesses.com shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by InsuredBusinesses.com. By way of example, and not as a limitation, you agree not to:

1. violate these Terms of Use, other applicable agreement with InsuredBusinesses.com, and any applicable local, state, national or international law, and any rules and regulations having the force of law;

2. use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

3. use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;

4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of InsuredBusinesses.com, which consent may be withheld by InsuredBusinesses.com in our sole discretion;

5. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with InsuredBusinesses.com, or otherwise attempt to mislead others

6. knowingly provide or submit false or misleading information;

7. use the Sites and Services if you are under the age of eighteen (18);

8. take any action that would undermine the review process under the Sites and Services;

9. attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;

10. use the Sites and Services in any way that could interfere with the rights of InsuredBusinesses.com or the rights of other users of the Sites and Services;

11. attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by InsuredBusinesses.com by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;

12. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;

13. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;

14. access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or

15. probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of InsuredBusinesses.com, including any InsuredBusinesses.com account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by InsuredBusinesses.com and provided for by the Sites and Services.

INSUREDBUSINESSES.COM SERVICES

When using or accessing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.

REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide InsuredBusinesses.com with true, accurate, current and complete information as prompted by the InsuredBusinesses.com registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

PUBLICATION AND DISTRIBUTION OF CONTENT

InsuredBusinesses.com does not guarantee the accuracy, integrity, quality of any Content transmitted to or through the Service. You acknowledge that InsuredBusinesses.com simply acts as a passive conduit and an interactive computer business for the public and Businesses in response to Content (“Businesses Content”). You understand that all Content and Businesses Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that InsuredBusinesses.com does not control, and is not responsible for Content or Businesses Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or untrue. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Businesses Content.

You further acknowledge that InsuredBusinesses.com has no obligation to screen, preview, monitor or approve any Content or Businesses Content, or Content posted or submitted by any other InsuredBusinesses.com member or any Businesses. However, InsuredBusinesses.com reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service, including specifically the Certificates of Insurance of the Businesses. Under no circumstances will InsuredBusinesses.com be liable in any way for any Content or Businesses Content, including, but not limited to, any Content or Businesses Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content or Businesses Content submitted, accessed, transmitted or otherwise conveyed via the Service, including specifically the Certificates of Insurance of the Businesses. You waive the right to bring or assert any claim against InsuredBusinesses.com relating to Content or Businesses Content, and release InsuredBusinesses.com from any and all liability for or relating to any Content or Businesses Content, including specifically the Certificates of Insurance of the Businesses.

Businesses

InsuredBusinesses.com does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Businesses. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Businesses, InsuredBusinesses.com is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Businesses, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Businesses exclusively and do not involve InsuredBusinesses.com. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Businesses.

Third parties and Businesses may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Businesses websites. InsuredBusinesses.com does not control or operate any such third party or Businesses websites. Any information you provide to these third party or Businesses websites while on these third party or Businesses websites is subject to the respective policies of those third parties or Businesses, and not InsuredBusinesses.com policies. It is your responsibility to review such third party or Businesses policies, including any relevant privacy policies. You agree that InsuredBusinesses.com will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. InsuredBusinesses.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Businesses sites. You use these third party or Businesses websites at your own risk.

You agree that InsuredBusinesses.com is not responsible for the accessibility or unavailability of any Businesses or for your interactions and dealings with them. You agree that you waive the right to bring or assert any claim against InsuredBusinesses.com relating to any interactions or dealings with any Businesses, and release InsuredBusinesses.com from any and all liability for or relating to any interactions or dealings with Businesses.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Businesses found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that InsuredBusinesses.com List shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Businesses on the InsuredBusinesses.com Sites and Services.

Termination of Access

InsuredBusinesses.com may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Inusredbusiness.com reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that InsuredBusinesses.com may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to InsuredBusinesses.com

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS

InsuredBusinesses.com, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of InsuredBusinesses.com in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Sites and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of InsuredBusinesses.com and/or its licensors and are protected by all United States and international copyright laws.

Notices

You agree that InsuredBusinesses.com may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to InsuredBusinesses.com will be provided by either sending: (i) an email to info@insuredbusinesses.com; or (ii) a letter, first class certified mail, to InsuredBusinesses.com, PO Box 30144, Columbia, MO 65205. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), InsuredBusinesses.com will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:


Ashley Brasseaux_________________

PO Box 30144

Columbia, MO 65205

Email: info@insuredbusinesses.com____________________

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;

3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;

5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and

6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

InsuredBusinesses.com will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications.

InsuredBusinesses.com is not responsible for any delays, failures or other damage resulting from such problems.

USER FEEDBACK

InsuredBusinesses.com appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of InsuredBusinesses.com. In addition, none of the Submissions will be subject to any obligations of confidentiality and InsuredBusinesses.com will not be liable for any future use or disclosure of such Submissions.

Warranties and Disclaimers

You acknowledge that InsuredBusinesses.com has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services; or the accuracy of any Certificates of Insurance provided by Businesses. You release InsuredBusinesses.com from all liability for you having acquired or not acquired content or information through the Sites and Services. InsuredBusinesses.com makes no representations concerning any content contained in or accessed through the Sites and Services, and InsuredBusinesses.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. InsuredBusinesses.com makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER InsuredBusinesses.com NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF InsuredBusinesses.com, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL InsuredBusinesses.com OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL InsuredBusinesses.com OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM InsuredBusinesses.com OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, InsuredBusinesses.com DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND (VI) THE CERTIFICATES OF INSURANCE PROVIDED BY ANY BUSINESS IS CORRECT OR STILL IN EFFECT. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, InsuredBusinesses.com’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

InsuredBusinesses.com SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND InsuredBusinesses.com HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

InsuredBusinesses.com has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release InsuredBusinesses.com from all liability for you having acquired or not acquired Content through the Sites and Services. InusredBusinesses.com makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and InsuredBusinesses.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because InsuredBusinesses.com has no control over such sites and resources, you acknowledge and agree that InsuredBusinesses.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that InsuredBusinesses.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Indemnity

You agree to indemnify, defend and hold harmless InsuredBusinesses.com, its officers, managers, owners, employees, agents, designees, users, successors, assigns, Businesses and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to InsuredBusinesses.com or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. InsuredBusinesses.com will have sole control of the defense of any such damage or claim.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT InsuredBusinesses.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF InsuredBusinesses.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY Businesses OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY InsuredBusinesses.com OR THE FAILURE OF InsuredBusinesses.com TO PROVIDE THE SERVICE UNDER THIS AGREEMENT (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY Businesses (OR ANY OF THEIR REPRESENTATIVES OR AGENTS); OR (I) THE INACCURACY OF ANY CERTIFICATES OF INSURANCE SUBMITTED BY BUSINESSES TO InsuredBusinesses.com. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES

You understand that the content in each report or record on InsuredBusinesses.com has significant value to InsuredBusinesses.com and that the damage caused to InsuredBusinesses.com for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of InsuredBusinesses.com damages for the specified breaches of these Terms of Use:

1. If you post Content in violation of these Terms of Use, you agree to promptly pay InsuredBusinesses.com One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.

2. If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.

3. If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.

4. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by InsuredBusinesses.com, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and InsuredBusinesses.com It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and InsuredBusinesses.com regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Businesses and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to InsuredBusinesses.com under these Terms of Use.

GOVERNING LAW

These Terms of Use and the relationship between You and InsuredBusinesses.com will be governed by the laws of the State of Missouri, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Boone County, Missouri and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that InsuredBusinesses.com may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Site or Service or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

MISCELLANEOUS

If you breach any term of these Terms of Use or other agreement with InsuredBusinesses.com, InsuredBusinesses.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. InsuredBusinesses.com remedies are cumulative and not exclusive. Failure of InsuredBusinesses.com to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with InsuredBusinesses.com prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and InsuredBusinesses.com as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.

Contacting Us

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at info@insuredbusinesses.com. We will address any issue to the best of our abilities.