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JDW INSURANCE
GENERAL TERMS OF USE
JDW Insurance and its affiliates (“JDW Insurance”) maintains this site (the
“Site”) for your information. Please read these General Terms of Use carefully
before using this Site. Access to and use of this Site is subject to the terms
and conditions set forth below. Your use of this Site signifies your acceptance
of these General Terms of Use. If you do not agree to these General Terms of
Use, please do not use the Site.
PRIVACY
At JDW Insurance, we recognize and respect the privacy of our customers. We do
not collect personal information about visitors to this Site unless it is
provided voluntarily. If you send email inquiries to JDW Insurance, your
personal information, including your email address, will be primarily used for
the purpose of responding to your inquiry, and will not be shared with third
parties. Such information may also be retained and used for the purpose of
tracking the types of questions received by JDW Insurance.
JDW Insurance collects and maintains statistics about use of this Site to
help us track the total number of visitors to the Site and to specific parts of
the Site. These statistics are used to better serve our customers and do not
include personal information about individual visitors.
For your convenience, this Site contains links to other web sites, including
some sites administered by JDW Insurance or administered by other
companies on behalf of JDW Insurance, as well as to sites unrelated to JDW
Insurance. These General Terms of Use do not apply to these linked web sites.
Each web site should be checked for its own privacy and terms of use statement.
JDW Insurance may seek to store some information (commonly known as a
“cookie”) on your computer when you look at or use this Site. The cookie allows
us to make this Site more efficient for you and to manage Site surveys that we
may conduct. The surveys will not involve sensitive personal data, and the
cookies will not be used for any other purposes. If you wish, you may instruct
your internet browser to prevent cookies from being used and to delete existing
cookies. Please refer to the help guide for your browser for further guidance.
By submitting data on this Site, you consent to transfers of information over
international borders as necessary for transmission of data covered by these
General Terms of Use.
If you have any questions about these General Terms of Use, or the personal
information JDW Insurance may hold about you, please contact
info@varay.com.
LAWS AND REGULATIONS
User access to and use of this Site is subject to all applicable international,
federal, state and local laws and regulations.
RESTRICTIONS
In using this Site, you must not:
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post, send or otherwise transmit to or through the Site any unlawful,
infringing, harmful, harassing, defamatory, threatening, vulgar, sexually
explicit, hateful or otherwise objectionable material of any kind, any material
that exploits children or is invasive of or in breach of another person’s
privacy or other rights or any material that JDW Insurance in its
sole discretion does not wish posted or transmitted on the Site;
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defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
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upload or otherwise make available files that contain images, software or other
material protected by intellectual property laws, including, without
limitation, laws relating to copyright, trademark laws and rights of publicity
and privacy, unless you own or control the rights thereto or have received all
necessary authorizations to do the same;
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misrepresent your identity or affiliation in any way;
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engage in deceptive online marketing;
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violate any applicable laws or regulations; or
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assist or permit any persons in engaging in any of the activities described
above.
COPYRIGHTS
The material made available on this Site is protected by copyright. No material
from this Site may be reproduced, modified, performed, displayed, republished,
uploaded, posted, transmitted or distributed in any way without prior written
permission of JDW Insurance, except that you may download one copy of the
materials on any single computer and produce one printed copy for your
personal, noncommercial use only, provided you keep intact all copyright and
other proprietary notices. Any such use of the materials is a violation of JDW
Insurance's copyright and other proprietary rights. Permission for all other
uses of materials contained herein, including, but not limited to, reproducing
and distributing multiple copies, or linking to any page on, this Site except
the “home page” (http://www.jdw-insurance.com),
must be obtained in advance from JDW Insurance. All design rights, databases
and compilation and other intellectual property rights, in each case whether
registered or unregistered, and related goodwill are proprietary to JDW
Insurance.
In the event that you download software from this Site, the software, including
any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the “Software”) are licensed to you by
JDW Insurance. JDW Insurance does not transfer title to the Software
to you. You may own the medium on which the Software is recorded, but JDW
Insurance retains full and complete title to the Software, and all
intellectual property rights therein. You may not redistribute, sell,
decompile, reverse engineer, disassemble or otherwise reduce the Software to a
human-perceivable form, except as consented to in writing by JDW Insurance.
LINKED SITES
JDW Insurance is not responsible for the content of any sites linked to
this Site, unless such linked site is owned or maintained by JDW Insurance. The
fact that another site is linked to this Site does not imply that: (a) JDW
Insurance sponsors, licenses, endorses, is affiliated with or is otherwise
connected to the site, the products or services described therein or its owner,
or (b) JDW Insurance has authorized the linked site to use any
trademark, trade name, logo or other trademarked or copyrighted material of JDW
Insurance.
SUBMISSIONS
JDW Insurance does not accept submissions through this Site unless
explicitly requested; therefore, please do not make any submissions to JDW
Insurance through this Site or otherwise. While JDW
Insurance welcomes comments or suggestions, JDW Insurance cannot
make any guarantee that it will respond to any message.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall JDW
Insurance be liable for any compensatory, punitive, incidental, indirect,
special or consequential damages that result from the use of, or the inability
to use, the Site or the materials in the Site, even if JDW
Insurance or a JDW Insurance 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.
DISCLAIMERS
JDW Insurance makes no representations or warranties as to the accuracy,
reliability or completeness of the information, text, graphics, links or other
items contained in this Site. JDW Insurance expressly disclaims
liability for any errors or omissions in the materials contained in this
Site. JDW Insurance reserves the right to make changes in the
programs, policies, products and services described in this Site at any time
without notice. INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. JDW INSURANCE DOES NOT WARRANT THAT THE
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE
CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. JDW INSURANCE DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF
MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR
OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. JDW Insurance expressly
disclaims all liability for the use or interpretation by others of information
contained in this Site. A visitor who uses, or makes decisions based on
information contained in, this Site does so at the visitor’s own risk.
UNSOLICITED IDEAS
JDW Insurance does not accept or consider unsolicited ideas, including, but not
limited to, ideas for new promotions, products, technologies or processes. You
must not transmit any material to or through this Site that you consider to be
confidential or proprietary. Any material that you transmit to or through this
Site will be considered non-confidential and non-proprietary. Except as
expressly provided in these General Terms of Use or separate written agreement
between you and JDW Insurance, you give JDW Insurance an
unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce,
display, publicly perform, transmit and distribute such information. You
further agree that JDW Insurance has the right to use, without any
payment or accounting to you or others, any concepts, know-how or ideas that
you (and those who act on your behalf) transmit to or through this Site.
CHANGES TO GENERAL TERMS OF USE
JDW Insurance may, and reserves the right to, revise these General Terms of
Use at any time without notice. You should revisit this Site periodically to
ensure that you are aware of the most recent General Terms of Use because they
will be binding on you. Without limiting the generality of the foregoing, your
use of the Site after such changes constitutes your agreement to those changes.
VIOLATIONS OF GENERAL TERMS OF USE
JDW Insurance reserves the right to seek all remedies available at law and
in equity for violations of these General Terms of Use, including, but not
limited to, the right to block access from a particular Internet address to the
Site. You agree to indemnify, defend and hold JDW Insurance, its affiliates and
any of its and their directors, employees, agents and contractors harmless from
and against any and all claims, damages, losses, costs (including, without
limitation, reasonable attorneys’ fees) or other expenses that arise directly
or indirectly out of or from (i) your breach of these General Terms of Use
and/or (ii) your activities in connection with this Site.
JURISDICTION / GOVERNING LAW
Users of this Site agree that these terms shall be governed by, construed and
enforced in accordance with, the laws of the State of Texas, USA, as it is
applied to agreements entered into and to be performed entirely within such
State, and applicable federal law, without regard to conflict of laws
principles. Any action that you bring to enforce this agreement or any matters
related to this Site shall be brought in either the state or federal courts
located in El Paso County, Texas. If any provision of these General Terms of
Use is void or unenforceable in whole or in part, the remaining provisions
shall not be affected.
JDW Insurance makes no representation that materials in this Site are
appropriate or available for use in locations outside the State of Texas, USA.
Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent that local laws are applicable. Access to this Site from jurisdictions
where the contents of this Site are illegal or penalized is prohibited.
Software from this Site is further subject to United States export controls. No
information or software from this Site may be downloaded or re-exported (i)
into or to a national or resident of any country to which the United States
embargoes or sanctions goods, services or technology or (ii) to anyone on the
U.S. Treasury Department’s list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Denial Orders. By downloading or using the
Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THESE GENERAL TERMS OF USE.
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