Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE. By using this Web site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms of use at any time. Please check these terms of use periodically for changes. Your continued use of the Web site following the posting of changes to these terms of use will mean you accept those changes. If you are dissatisfied with any Insurance Journal material, or with any of Insurance Journal’s terms and conditions, your sole and exclusive remedy is to discontinue using the Insurance Journal Web site.
RESTRICTIONS ON USE OF MATERIALS. Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Wells Media Group, Inc. 3570 Camino del Rio N, San Diego, CA, U.S.A. (hereafter “Insurance Journal”) or the party credited as the provider of the Content. You will abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.
No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from administrator@insurancejournal.com, or the copyright holder identified in the copyright notice contained in the Content.
If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from Insurance Journal. No other use is permitted without prior written permission of Insurance Journal.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose is a violation of Insurance Journal’s copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other Web site or networked computer environment is prohibited. Insurance Journal, and other names of Insurance Journal products referenced herein are trademarks or registered trademarks of Wells Media Group, Inc. Other trademarks/logos are the property of their respective owners.
USAGE BY CHILDREN UNDER 13. The Web site is directed to adults and is not directed to children under the age of 13. Insurance Journal cannot prohibit minors from visiting the Web site. Insurance Journal must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Insurance Journal does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13.
MEMBER ACCOUNT. If you register as a user of this Web site, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify Insurance Journal of any unauthorized use of your username and password or other breach of security at administrator@insurancejournal.com.
FEES AND PAYMENTS. Insurance Journal reserves the right at any time to charge fees for access to portions of the Web site or the Web site as a whole. However, in no event will you be charged for access to the Web site unless we obtain your prior agreement to pay such charges. You will pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You will pay all applicable taxes relating to use of the Web site through your account.
REFUND POLICY. Monthly subscriptions are not refundable. If you would like to cancel the autorenewal of your monthly subscription, please contact us at (800) 897-9965 x129 or email accounting@insurancejournal.com. For subscriptions longer than 12 months, you may cancel and receive a credit for the unused portion of your subscription. If purchase was made within 60 days, your refund credit will be credited to the purchasing card, otherwise a check will be issued.
CONTENT & SERVICES OFFERED. Insurance Journal has the right at any time to change or discontinue any aspect of the Web site, including, but not limited to, the community areas, Content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions will be effective immediately upon posting and any subsequent use by you after such posting will conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
FORUMS & POSTS. “Forum” means letters, e-mails or other types of communications to the editors, Webmaster(s) or employees of Insurance Journal, and messages posted in connection with online discussions on the Web site. Insurance Journal welcomes comments from insurance professionals and members of the public relative to the industry. However, as we are a specialized publication, please limit your postings to matters concerning the insurance industry or to significant events affecting it. Personal (ad hominem) attacks, social diatribes and political statements (unless they pertain to insurance) are an improper use of the forum.
You will not upload to, distribute through, or otherwise publish through a Forum on the Web site any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The Forums will be used only in a noncommercial manner. You will not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
Subject to the terms of the Insurance Journal privacy policy, in general, we will not monitor or edit the contents of Forum materials unless required in the course of normal maintenance of the Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Insurance Journal; (2) protect and defend the legitimate business interests, rights or property of Insurance Journal, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users will remain solely responsible for the content of their communications. Insurance Journal has the right but not the obligation to monitor and edit or remove any Forum communications and Content.
SUBMISSIONS. Submissions of articles and/or photographs/images for posting on the Web site (“submissions”) are encouraged at any time and must be submitted in electronic format via email to awells@insurancejournal.com. Please inform us if any part of your submission has been previously published, and if so, where and when it has appeared. The right to refuse to post or to accept for publication any submission on the Web site is our sole discretion.
By providing your submissions to us, you grant us a perpetual, non-exclusive, irrevocable and royalty-free right and license to reproduce, copy, distribute, modify, edit, create derivative works from and publish your submissions (in original or edited form) on the Web site only. You retain your copyright interest as owner and/or author of your submissions and you retain all other proprietary rights in and to such submissions. In our discretion we may add copyright notices to submissions, where appropriate, if your submissions don’t already bear an appropriate copyright notice. When you provide submissions to us, you represent and warrant that: (i) you are the sole author of the submission and/or you own the copyright and/or you have sufficient authority from the author or authors to grant us the rights and licenses set above; and (ii) the submission is a work original to the author (unless identified by you as containing original works of third parties) and that such submission, including all third party works of authorship, does not infringe any copyright, trademark, trade name (or knowingly infringe any patent or any other proprietary right) of any third party.
Unless we execute a written agreement with you stating otherwise, neither you nor any of your licensors will be paid for our use of any submission that you provide to us. Any submission will remain in the archives on the Web site in perpetuity or until such time as Insurance Journal removes the material.
We may transfer this license and our obligations hereunder at any time and without prior consent to any corporate successor in interest, acquirer or other entity that purchases or otherwise obtains substantially all of our business assets or stock, or to any parent corporation or entity, any subsidiary corporation or entity, or any of our divisions that are operated as a separate business.
You will indemnify and hold harmless Insurance Journal and all officers, directors, shareholders, employees, authorized representatives and agents from and against all claims and expenses, including attorneys’ fees, arising out of any submissions, messages, information or materials uploaded, posted, distributed, or transmitted to or though this site by you.
Insurance Journal has no responsibility for the content of any submissions, messages, information or materials uploaded, posted, distributed, or transmitted by users of this site. However, Insurance Journal retains the right, but not the obligation in its sole discretion, to monitor, review, delete or refuse to post any third-party Content that Insurance Journal deems to be objectionable.
REMOVAL REQUESTS. The Insurance Journal editorial staff strives to publish news stories which are accurate, based on credible sources, and verified. The Wells Media Group, Inc. management team reserves the right to remove any news story from any Wells Media Group, Inc. Web site at any time and for any reason solely within the team’s discretion. Generally, however, it is the policy of Wells Media Group, Inc. not to remove news stories from the Insurance Journal Web site simply upon the request of an individual, a corporation or counsel. If a request is made for a story to be removed, from any Wells Media Group, Inc. Web site, the request will be reviewed by the management team to determine if the basis for the request has merit. Generally, if the team determines that the news story was based on a reliable and credible source, the story will not be removed from the Web site. If new or updated information is available on the story, at the discretion of the editorial management team, an “editor’s note” with the new information will be added to the original Web site story.
PRIVACY. Registration data and certain other information about you are subject to Insurance Journal’s privacy policy. For more information, see our privacy policy at https://www.insurancejournal.com/privacy/, which is incorporated in full herein by reference.
INDEMNIFICATION. You agree to indemnify, defend and hold Insurance Journal harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms of use.
NON-TRANSFERABILITY. Your right to use this Web site is not transferable. Any password or right given to you to obtain information is not transferable.
JURISDICTION. Unless otherwise specified, the Content on the Web site is presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The Web site is controlled and operated by Insurance Journal from its offices within the State of California. Insurance Journal makes no representation that Content on the Web site is appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for establishing the useability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable. All users, including those users who access the Web site from a country other than the U.S., agree that the laws of the State of California will govern any dispute, including those arising from Insurance Journal’s use of personal information or otherwise relating to privacy.
TERMINATION. The privileges granted to you by these terms of use, including the maintenance of a member account, will terminate immediately without notice from Insurance Journal if, in Insurance Journal’s sole discretion, you fail to comply with any provision of these terms of use. Upon termination, you must destroy all Content obtained from the Web site and all copies thereof, whether made under these terms of use or otherwise. Insurance Journal may take such further action as Insurance Journal determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Insurance Journal will not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Insurance Journal’s exercise of its rights under these terms of use.
DISCLAIMER. THE CONTENT IN THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INSURANCE JOURNAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INSURANCE JOURNAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INSURANCE JOURNAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INSURANCE JOURNAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INSURANCE JOURNAL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF INSURANCE JOURNAL OR AN INSURANCE JOURNAL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INSURANCE JOURNAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
NOT ADVICE. This site may contain advice, opinions, and statements of various information providers and Content providers. The Content contained on the Web site has been prepared by Insurance Journal as a service to its readers and the Internet community and is not intended to constitute legal or professional advice, which is always fact specific. Insurance Journal has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Web site. Users of information from the Web site or links do so at their own risk. Reliance upon any such opinion, advice, statement, or other information will also be at your own risk. Neither Insurance Journal nor its affiliates, nor any of their respective agents, employees, information providers or Content providers will be liable to any user or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any Content herein, regardless of cause, or for any damages resulting therefrom.
OTHER PRODUCTS. Any reference made by the Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Insurance Journal. Content on the Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Insurance Journal.
LINKS TO OTHER WEB SITES AND SERVICES. To the extent that the Web site contains links to outside services and resources, Insurance Journal does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
REUTERS CONTENT. Reuters Content is the intellectual property of Reuters or its third party content providers. Any copying, republication or redistribution of Reuters Content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in Content, or for any actions taken in reliance thereon. Reuters and the Reuters Sphere Logo are registered trademarks of the Reuters group of companies around the world. For additional information on other Reuters Services please visit the Reuters public Web site – www.reuters.com.
SERVICE CONTACT. Contact administrator@insurancejournal.com with questions or problems with this Web site.
OTHER. Any rights not expressly granted herein are reserved. These terms of use will be governed by and construed in accordance with the laws of the State of California. You agree that any action at law or in equity arising out of or relating to these terms of use will be filed only in the state or federal courts located in San Diego County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action except that if you are located or a resident outside the United States you hereby submit to exclusive binding arbitration, in San Diego, California, subject to UNCITRAL rules. If any provision of these terms of use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms of use and will not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these terms of use must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and will not be modified except as provided herein or in writing, signed by Insurance Journal. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Insurance Journal’s failure to enforce any provision of this Agreement will not be deemed a waiver of such provision nor of the right to enforce such provision.
DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
- Introduction. This policy is intended to implement the procedures described in the Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) for the reporting of alleged copyright infringement. It is the policy of Insurance Journal to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of Insurance Journal Web site are required to respect the legal protections provided by applicable copyright law.
- Designated Agent. Upon receipt of notification of claimed infringement, Insurance Journal will follow the procedures outlined herein and in the DCMA. Insurance Journal “Designated Agent” to receive notification of alleged infringement under the DMCA is Mark Wooster.
- Complaint Notice Procedures for Copyright Owners. A notice of alleged copyright infringement to the Designated Agent must include the following:
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
- 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 Insurance Journal to locate the material.
- Information reasonably sufficient to permit Insurance Journal to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
NOTICE AND TAKEDOWN PROCEDURE. It is expected that all users of any part of Insurance Journal’s Web site will comply with applicable copyright laws. However, if Insurance Journal is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Insurance Journal will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
REPEAT INFRINGERS. Under appropriate circumstances, Insurance Journal may, in its discretion, terminate authorization of users of its Web site or network who are repeat infringers.
ACCOMMODATION OF STANDARD TECHNICAL MEASURES. It is Insurance Journal’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Contact Information:
Mark Wooster
3570 Camino del Rio North
Suite 100
San Diego, CA 92108
Telephone: (619) 584-1100
mwooster@wellsmedia.com
