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WWW.AMERI-SAVINGS.COM TERMS & CONDITIONS NOTICE: TERMS AND CONDITIONS LAST UPDATED ON JULY 31, 2008 The Credo Group, Inc., a New Jersey corporation doing business as Ameri-Savings™ (“us” or “we”), owns and operates the website www.ameri-savings.com (this “Website”). By using and/or accessing this Website, you are agreeing to comply with and be bound by the terms and conditions set forth herein (this “Agreement”). Your insurance products and services will be governed by the terms and conditions established by the applicable insurer. This Agreement is inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of this Agreement as well as the terms and conditions established by your insurer carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website in any manner or form. 1. Acceptance of Agreement. You agree to be bound by the terms and conditions outlined in this Agreement with respect to your use of this Website. This Agreement, together with our Privacy Policy, constitutes the entire and only agreement between you and us with respect to your use of this Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to this Website. To access our Privacy Policy, please click here We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest version of the Agreement will be posted on this Website, and you should review this Agreement prior to using this Website. By your continued use of this Website after this Agreement has been modified, you agree to all the terms and conditions contained within this Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes. 2. Requirements. This Website is available only to individuals who can enter into legally binding contracts under applicable law. This Website is not intended for use by individuals under the age of eighteen (18) years old. If you are under the age of eighteen (18) years old, you do not have permission to use and/or access this Website. 3. Description of Our Services. We are providing you with access to insurance offers via this Website. This Website hosts advertising for certain offers for or related to insurance products and/or services (“Offers”). Unless explicitly stated otherwise, any future Offers made available to you by us that augment or enhance the current features of this Website will be subject to this Agreement. We are not responsible for fulfilling, billing, collection or customer service associated with the insurance products and/or services offered through this Website. You understand and agree that we are not responsible or liable in any manner whatsoever for any insurance products and/or services purchased as a result of Offers presented through this Website or any associated functionality. You understand and agree that we are not an insurance carrier. We are an independent marketing company. This Agreement only governs your use of this Website. The insurers whose products and services are offered through this Website maintain separate terms and conditions that govern the insurance products and/or insurance offered through this Website. Please check with the applicable insurance carrier for the terms and conditions relating to your use of its products and/or services. 4. Registration/Account. To obtain insurance products and/or services through this Website, you must first submit your registration to us for approval. We reserve the right, in our sole discretion, to deny a registration to anyone for any reason. If we deny your registration, you may be ineligible for any of our Offers. The registration data that you must supply through this Website may include, without limitation, your full name, e-mail address, mailing address, current telephone, date of birth, financial information, such as your credit card number, social security number, credit card expiration date and billing address, and other payment-related information for billing purposes (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data with us as necessary to maintain it in an up-to-date and accurate fashion. We will verify and approve all Registration Data in accordance with our standard verification procedures. Once you have submitted your Registration Data through this Website, we may automatically send an e-mail to you which will explain that your order for products and/or services is being processed. We will follow up with either a confirmation of your order, or a notification e-mail, which will inform you that you have not been approved for a product and/or service. These e-mails will be sent to the e-mail address that you supplied in your Registration Data. 6. License Grant. As a user of this Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use this Website and associated Website content in accordance with this Agreement. We may terminate this license at any time for any reason. You may use this Website on one (1) computer for your own personal, non-commercial use. No part of this Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Website, any Website content or any portion thereof. We reserve any rights not explicitly granted to you in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Your right to use this Website is not transferable. 7. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to this Website, are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution or publication by you of any part of this Website is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through this Website. The posting of information or material on this Website by us does not constitute a waiver of any right in such information and materials. 8. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on this Website. 9. Indemnification. You agree to indemnify and hold us, our affiliates, and each of our and their respective members, managers, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all damages, costs, expenses, demands, judgments or liability (including, without limitation, reasonable attorneys’ fees, costs and settlement costs) whatsoever, related to our arising out of any third party claim, lawsuit, proceeding, action or investigation due to or arising out of: (a) your use of this Website; (b) your breach of this Agreement; or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of us and our affiliates, and each of our and their respective officers, directors, managers, employees, agents, shareholders, members, licensors, suppliers and/or attorneys. Each of these individuals and entities will have the right to assert and enforce these provisions directly against you on its own behalf. 10. Disclaimer of Warranties. THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT (A) THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE. THIS WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE TO YOU FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION. FURTHERMORE, WE WILL NOT BE LIABLE TO YOU FOR ANY AND ALL CLAIMS RELATED TO INSURANCE PRODUCTS AND/OR SERVICES OFFERED THROUGH THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THIS WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 11. Limitation of Liability. WE, OUR AFFILIATED ENTITIES, AND THIRD-PARTY PROVIDERS, WILL NOT BE RESPONSIBLE, AND WILL NOT BE LIABLE, FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF, BROWSING IN OR DOWNLOADING OF ANY CONTENT, PROGRAMS, MATERIALS, DATA, TEXT, IMAGES, AUDIO OR VIDEO FROM THIS WEBSITE. IN NO EVENT WILL WE, OUR AFFILIATED ENTITIES OR APPLICABLE THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OR CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE, OR CONTENT, PROGRAMS OR MATERIALS PROVIDED THROUGH THIS SITE, (B) ANY FAILURE, DELAY, OR UNAVAILABILITY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE OR ACCESS ANY CONTENT, PROGRAMS, MATERIAL OR DATA PROVIDED ON THE SITE), (C) THE PERFORMANCE OR NON-PERFORMANCE OF US, OUR AFFILIATED ENTITIES OR APPLICABLE THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY, (D) YOUR DISCLOSURE OF YOUR PASSWORD TO, OR USE OF YOUR PASSWORD BY, ANY THIRD PARTY, (E) ANY ACCESS TO, OR USE OF, YOUR INFORMATION BY AN UNAUTHORIZED PERSON OR UNAUTHORIZED PERSONS OR (F) ANY INSURANCE PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS WEBSITE AND/OR OUR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. 12. Third-Party Websites. This Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because we have no control over such third-party websites and/or resources, you hereby acknowledge and agree that we are not responsible for the availability of such third-party websites and/or resources. Furthermore, we do not endorse, nor are we responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising from them. 13. Legal Warning. Any attempt by any individual or entity, whether or not our customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. 14. Miscellaneous. This Agreement will be treated as though it were executed and performed in New Jersey and will be governed by and construed in accordance with the laws of the State of New Jersey (without regard to its conflict of law principles). Any legal action or proceeding with respect to this Agreement may be brought in the courts of the State of New Jersey or of the United States of America for the District of New Jersey, and, by execution and delivery of this Agreement, each party hereto accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Each party hereto irrevocably waives any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which such party may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. EACH PARTY HERETO IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. This Agreement is personal between you and us and governs your use of this Website, superseding any and all prior and/or contemporaneous agreements between you and us other than our Privacy Policy. To the extent that anything in or associated with this Website is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our 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. The parties hereto do not intend that any agency or partnership relationship be created through operation of this Agreement. 15. Customer Service. If you have any questions with respect to this Website or want to cancel your registration to this Website, please contact us. |