Terms & Conditions
Last updated March 31, 2022
AGREEMENT TO TERMS
The www.highimpactinsurance.com website, as well as any other media form, media channel, mobile website or mobile application associated, linked, or otherwise connected thereto (collectively, the "Site"), comprise the subject of this legally binding agreement.You acknowledge and agree that you have read, comprehended, and agreed to be bound by all of these Terms of Use before visiting the Site. YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY CEASE USE IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE.
The Site may occasionally post additional terms and conditions or documents, which are hereby expressly incorporated herein by reference. We reserve the right to alter or amend these Terms of Use at any time and for any cause, at our sole discretion. The "Last updated" date of these Terms of Use will be updated to inform you of any updates, and you renounce any claim to specific notice of each change. You are responsible for regularly reviewing these Terms of Use to be aware of any revisions.By continuing to use the Site after the date that any updated Terms of Use are posted, you will be subject to the changes in any such revised Terms of Use and will be deemed to have been made aware of and to have accepted them.
The information on the Site is not intended to be shared with or used by any person or organisation in any jurisdiction or nation where doing so would be against the law or a rule, or where doing so would require us to register there. As a result, anybody choosing to access the Site from another place does so at their own free will and is solely responsible for adhering to local laws, if and to the extent that they apply.
If your interactions would be governed by legislation such as the Federal Information Security Management Act (FISMA), the Health Insurance Portability and Accountability Act (HIPAA), or another industry-specific rule, you are not permitted to use this site. You are not allowed to use the website in a manner that contravenes the Gramm-Leach-Bliley Act (GLBA).
Users must be at least 18 years old to access the website. The Site is not intended for use by or registration by anyone under the age of 18.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Site is our property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") are our property, and all trademarks, service marks, and logos contained therein (the "Marks") are our property, under licence from third parties. These rights include copyright, trademark, and other intellectual property rights, as well as unfair competition laws. The Site only offers the Content and the Marks "AS IS" for your information and private use. Except as expressly permitted in these Terms of Use, no part of the Site and no Content or Marks may be distributed, sold, licenced, reproduced, aggregated, publicly displayed, uploaded, posted, transmitted, translated, distributed, sold, or otherwise exploited for any commercial purpose whatsoever without our express prior written consent.
You are granted a limited licence to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have lawfully gained access, exclusively for your own private, non-commercial use. This is granted as long as you are qualified to use the Site. All rights in and to the Site, the Content, and the Marks that are not expressly given to you are reserved by us.
REPRESENTATIONS OF USERS
You guarantee and signify by using the website that:
(1) You are of legal age and are willing to abide by these Terms of Use;
(2) In the country where you live, you are not a minor.
(3) You won't use a bot, script, or any other automated or non-human method to access the Site;
(4) You won't use the Site for any improper or unlawful purposes;
(5) You won't use the Site in a way that violates any laws or rules that may be in force.
We reserve the right to suspend or cancel your account and prohibit any and all current or future use of the Site in the event that you provide any information that is untrue, inaccurate, out-of-date, or incomplete (or any portion thereof).
PROHIBITED ACTIVITIES
The Site may only be accessed and used for the purposes for which it is intended by us. The use of the Site for any commercial purposes other than those we have expressly permitted or supported is strictly prohibited. You consent as a Site user not to:
1.Without our written consent, routinely take data or other materials off the Site and use them to build a collection, compilation, database, or directory.
2.Trick, swindle, or mislead both us and other users, particularly when attempting to learn private account information such user passwords.
3.The Site's security features, such as those that forbid or prohibit the use or duplication of any Content or impose restrictions on how the Site and/or the Content included therein may be used, may be avoided, disabled, or interfered with in other ways.
4.Disparage, tarnish, or otherwise hurt the Site, us, or both, in our opinion.
5.Use any data you've learned from the website to harass, abuse, or hurt someone else.
6.Use our support services improperly or report abuse or misconduct with false information.
7.Use the website contrary to any rules or laws that may be in force.
8.Use the website to advertise or to make sales offers for goods and services.
9.Unauthorized framing or linking to the site is prohibited.
10.Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other content, including overuse of capital letters and spamming (repeatedly posting the same message), that obstructs another party's uninterrupted use and enjoyment of the site or that alters, impairs, disrupts, or interferes with the site's use, features, functions, operation, or maintenance.
11.Use the system in any way that is automated, including by utilising scripts to post comments or messages or by employing data mining, robots, or other methods for gathering and extracting data.
12.Remove any Content's copyright or other intellectual rights notice.
13.Use another user's username or make an attempt to pass as that user.
14.Your profile may be transferred or sold.
15.Any material that functions as a passive or active information collection or transmission mechanism should not be uploaded, transmitted, or attempted to be transmitted. Examples include clear graphics interchange formats (gifs), 11 pixels, web bugs, cookies, and other similar devices (also known as "spyware," "passive collection mechanisms," or "pcms").
16.interfere with, disrupt, or impose an excessive burden on the site, its associated networks, or its services.
17.Any of our employees or agents working to deliver any part of the Site to you may not be subjected to harassment, annoyance, intimidation, or threat.
18.attempt to circumvent any Site security measures intended to guard against or limit access to the Site or any area of the Site.
19.Software from the website, including but not limited to Flash, PHP, HTML, JavaScript, or other code, may not be copied or modified.
20.decipher, decompile, disassemble, or reverse engineer any software that makes up or otherwise constitutes a component of the Site. Use, create, build, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, unless it results from the normal use of a search engine or web browser.or offline reader that visits the Site, or by running any unapproved scripts or other programmes.
21.To make purchases on the Site, use a buying agency or purchasing agent.
22.Any unlawful use of the website is prohibited, as is the automated or deceptive creation of user accounts or the gathering of users' usernames and/or email addresses for the purpose of sending unwanted emails.
23.Use the website to try to outdo us, or in any other way to make money by running a business or using the website and/or content for any other purpose.
USER GENERATED CONTRIBUTIONS
The Website does not permit users to post or contribute content. We may give you the chance to produce, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website, such as but not limited to text, writings, video, audio, pictures, graphics, comments, recommendations, or other materials (collectively, "Contributions"). Other Site users and third-party websites may be able to view contributions. As a result, the Site Privacy Policy may be applied to any Contributions you send. You represent and warrant the following when you create or otherwise make any Contributions available:
1.Your Contributions are not and will not violate any third party's intellectual property rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, during their creation, distribution, transmission, public performance, access, download, or copying.
2. Your Contributions may be used by us, the Site, and other users of the Site in any manner permitted by the Site and these Terms of Use if you are the original creator and owner of them or you have obtained all applicable licences, rights, consents, releases, and permissions.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are truthful, accurate, and not deceptive.
5. Your Contributions do not constitute spam, chain letters, pyramid schemes, unlawful or uninvited advertising, promotional materials, mass mailings, or any other type of solicitation.
6. Your contributions aren't unacceptable in any way, including being vulgar, lascivious, filthy, aggressive, harassing, libellous, or slanderous (as determined by us).
7. Your Contributions do not make fun of, mock, denigrate, threaten, or otherwise abuse anyone.
8. Your Contributions are not used to advocate violence against a particular individual or group of individuals, to harass or threaten (in the legal sense of those terms) any other person.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
15. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
SUBMISSIONS
You understand and agree that any inquiries, concerns, ideas, suggestions, feedback, or other information you give to us regarding the Site (collectively, "Submissions") is non-confidential and will be the sole property of us. Without acknowledgment or payment to you, We shall possess all exclusive rights, including all intellectual property rights, and shall be permitted to use and disseminate these Submissions for any lawful purpose (commercial or otherwise). In addition to guaranteeing that any such Submissions are your original work or that you have the legal right to submit them, you hereby relinquish all moral rights to any such Submissions. You acknowledge that in the event that any alleged or actual infringement or misappropriation of a proprietary right in your Submissions occurs, you will have no legal recourse against us.
THIRD-PARTY WEBSITE AND CONTENT
The Site may include connections to other websites (hereafter referred to as "Third-Party Websites"), as well as articles, photos, text, graphics, images, designs, music, sound, video, information, applications, software, and other materials belonging to or originating from third parties ("Third-Party Content"). We do not review, monitor, or check the accuracy, suitability, or completeness of any such Third-Party Websites or Third-Party Content, and we disclaim all liability in connection with any Third-Party Websites that may be accessed through the Site or any Third-Party Content that may be posted on, made available through, or installed from the Site, including any Third-Party Websites' content, accuracy, offensiveness, opinions, or other statements made in connection with such Third-Party Websites Including, referring to, allowing the use of, or installing.Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
In some places of the website, such as sidebar or banner adverts, we permit advertisers to show their ads and other content. If you are an advertiser, you are entirely responsible for any advertisements you post on the website, as well as any services you offer or goods you promote. Additionally, in your capacity as an advertiser, you warrant and represent that you have all necessary rights, including but not limited to intellectual property, publicity, and contractual rights, to post advertisements on the Site. We have no other interaction with advertisers other than to provide the platform for such adverts.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security, Please review our Privacy Policy https://www.highimpactinsurance.com/policy By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, and you agree to have your data transferred to and processed in the United States
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.the Site's contents at any time and without prior notice in our sole discretion. We are not obligated to update any material on our website, though. Additionally, we retain the right to change or stop offering the Site altogether at any time without prior notice. Any time the Site is altered, its price is raised, it is suspended, or it is discontinued, we won't be held responsible to you or any other person.
The availability of the Site cannot be guaranteed at all times. We might encounter hardware, software, or other issues or need to carry out maintenance on the Site, which would cause disruptions, delays, or mistakes. Without giving you prior notice, we reserve the right to suspend, stop, change, revise, or otherwise modify the Site at any time and for any reason. You acknowledge that we are under no obligation to compensate you for any loss, harm, or inconvenience resulting from your inability to use or access the Site while it is unavailable or inactive. Nothing in these Terms of Use shall be deemed to oblige us to provide any updates, releases, or corrections in connection with the Site or to maintain and support the Site.
GOVERNING LAW
The laws of the State of New York that apply to contracts made and to be wholly performed within the State of New York, without regard to its conflict of law provisions, shall govern these Terms of Use and your use of the Site.
Informal Negotiations
The Parties agree to first attempt to negotiate any Dispute (aside from those Disputes expressly provided below) informally for at least thirty (30) days before commencing the arbitration in order to expedite resolution and manage the costs of any dispute, controversy, or claim related to these terms of use (each a "Dispute" and collectively, the "Disputes"). Following written notice from one party to the other, such informal conversations begin.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website:
The AAA Consumer Rules shall govern your arbitration fees and, when applicable, set a limit on your portion of the arbitrators' fees. The arbitration might take place in person, online, over the phone, or with the submission of papers. If requested by either Party, the arbitrator need not include a statement of reasons in the written ruling they make. Any award may be contested if the arbitrator doesn't follow the relevant laws, which is required by the arbitration agreement. The arbitration will take place in New York, unless otherwise required by the applicable AAA rules or applicable legislation. The Parties may litigate in court, except as otherwise specified herein, to compel arbitration, stay proceedings until arbitration, confirm, modify, vacate, or render a decision based on the arbitrator's decision to award.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts in New York and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts, Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS AVAILABLE AS-IS AND AS AVAILABLE. YOU AGREE THAT IT IS SOLELY AT YOUR RISK TO USE THE SITE AND OUR SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND YOUR USE THEREOF, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)ANY PERSONAL HARM OR PROPERTY DAMAGE OF ANY KIND CAUSED BY YOUR ACCESS TO OR USE OF THE SITE,(3) Any unauthorised access to or use of our secure servers, including any material breach involving personal data, financial data, or both, (4) Any disruption or cessation of transmission to or from the site, (5) Any viruses, worms, Trojan horses, or other items of a similar nature that may be transmitted to or through the site by a third party, and/or (6) any errors or omissions in any content and materials.Or for any loss or harm of any kind suffered as a result of using any content posted, sent, or otherwise made accessible by the website. We disclaim all warranties and assume no liability for any advertised goods or services.OR PROVIDED BY THIRD PARTIES WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR SUPERVISING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES THAT YOU MAY ENGAGE IN THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY You should use your best judgement and exercise caution where necessary when buying a product or service online or in any other setting. We, our directors, employees, or agents will never be liable to you or anyone else for any indirect, incidental, consequential, or exemplary damages.EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE. Regardless of anything to the contrary included in this agreement, our liability to you for any reason and regardless of the form of the action will always be limited to the lesser of the amount paid by you to us, if any, or $1.00 USD. The exclusion or limitation of certain damages as well as limitations on implied warranties are prohibited under several international and US state laws. THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU IF THESE LAWS APPLY TO YOU, SO YOU MAY NOT BE COVERED BY ALL OF THEM.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the use of the Site; breach of these Terms of Use; any breach of your representations and warranties set forth in these Terms of Use; your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site,
please contact us at www.highimpactinsurance.com +1 662 625 6686