These Terms and Conditions of use are entered into by You and The Society of Certified Insurance Counselors d/b/a Risk & Insurance Education Alliance (“The Alliance”). By using the Website (“Site”), you accept and agree to be bound and abide by these Terms and Conditions of Use and our Privacy Policy, found at Privacy Policy. We may revise and update these terms and conditions from time to time in our discretion, and changes are effective immediately when we post them.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by The Alliance, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You should assume that everything you see or read on the Site is proprietary to The Alliance or its licensors unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the Site without the prior written permission of The Alliance.
The Alliance maintains this site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission from The Alliance.
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:
To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate The Alliance, its employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm The Alliance or users of the Site, or expose them to liability.
You also agree not to: (i) use any device, software, or routine that interferes with the proper working of the Site or other users; (ii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (iii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; and (iv) otherwise attempt to interfere with the proper working of the Site or its use by others.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We reserve the right to limit, restrict or terminate your access to the Site, for any or no reason in our sole discretion.
While The Alliance uses reasonable efforts to include accurate and up to date information in the Site, The Alliance makes no warranties or representations as to its accuracy, completeness or usefulness and assumes no liability or responsibility for any errors or omissions in the content of the Site. The Alliance does not warrant or represent that materials or information of the Site, or your use thereof will not infringe rights of third parties.
Your use of and browsing in the Site are at your risk. The Site and everything on it is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by The Alliance or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, The Alliance is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Images of people or places displayed on the Site are either the property of, or used with permission by, The Alliance. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE ALLIANCE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ALLIANCE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless The Alliance, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your user contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Site.
All matters relating to the Site and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis. You waive any and all objections to the exercise of jurisdiction over you, including personal jurisdiction, by such courts and to venue in such courts. At The Alliance's sole discretion, it may require You to submit any disputes arising from these Terms and Conditions or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
