PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING GRADGUARD.COM. This site and all content, information and services accessible through it (the “Site") is made available by Next Generation Insurance Group, LLC , (“NGI”) a Massachusetts Limited Liability Corporation, and may be used only under the following terms and conditions.
BY ACCESSING AND USING THE SITE YOU ("User") AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement"). If User is accessing and using this website on behalf of any group or entity, User warrants that it has all necessary authority to enter into this Agreement. If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease using the Site immediately.
1.1 Grant. User is granted a non-exclusive, non-transferable, revocable, limited license to access and use the Site on any single computer for lawful, personal, non-commercial use. NGI may terminate this license without notice at any time and for any, or no, reason.
1.2 Limitations. User may not, without NGI’s prior written permission: (i) link from another Web site to the Site; (ii) post, transmit, copy, download, store, publish, transmit, transfer, sell, sublicense, create derivative works from or otherwise use the Site, or any portion thereof, in any form or by any means except as expressly permitted by this Agreement. User may not alter or modify information and services provided through the Site in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of the Site, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy the Site without NGI's prior written permission.
1.3 Intellectual Property Rights. Unless otherwise explicitly noted, all elements of the Site including, but not limited to, text, articles, logos, trademarks, graphics and overall "look and feel" are the property of NGI. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future. User acknowledges that the Site is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
3 Products and Services. The information and materials provided in the Site are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to NGI’s products and services. All coverages are subject to the terms and conditions of the insurance policies issued. Coverages and their availability may vary by state and your individual circumstances, and additional minimal coverage limits may be required in your state. The products and services offered in the Site are only available in the jurisdictions in which NGI is properly licensed.
3.1 Grant of License. By submitting data, information and other materials ("Posted Materials") to the Site, User automatically grants, or warrants that the owner of the following rights has expressly granted, to NGI, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Materials, and incorporate Posted Materials into any medium or technology, now known or later developed.
3.2 Lawful Use Only. User will not publish, upload, submit or distribute any Posted Materials on the Site which are unlawful, deceptive, misleading, or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, indecent, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, contain any corrupted data or malicious code that may impair or alter the appearance or functionality of the Site, or give rise to liability or violate any local, state, federal or international law or regulation. NGI may delete any of User's Posted Materials at any time, without prior notice or User's permission and at NGI's sole discretion.
4 User Acknowledgement. User acknowledges and understands that use of this Site shall not result in a formal proposal of insurance, an offer of insurance coverage, or a binder of insurance coverage. Information input by the User into the Site is designed to generate a premium estimate only and does not guarantee that User will be offered a formal proposal of insurance or offer of insurance coverage. All proposals of insurance are subject to the payment terms of the carrier, and that User has no expectation of privacy or confidentiality of communications occurring through use of the Site.
5 No Legal Advice or Practice of Law. The information on this Site is designed for informational purposes only. User acknowledges that under no circumstances is NGI, its agents, affiliates or partners, providing legal advice or representation, and that nothing on this Site is intended as a substitute for legal advice from an attorney.
6 Third Party Sites and Content. At times, the Site may have links to Web sites hosted by other parties (“Third-Party Sites”), or such Third Party Sites have links to the Site. Third party content, messages and services may appear on this Site or may be accessible through links from this Site. NGI is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from this Site. User acknowledges that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of, NGI.
7 DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. NGI MAKES NO WARRANTY THAT ACCESS TO THIS SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NGI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF THIS SITE, INCLUDING BOTH THIS SITE AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH THIS SITE, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN THIS SITE, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, OR (D) USER'S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THIS SITE.
8 LIMITATION OF LIABILITY. USER'S EXCLUSIVE REMEDY AND NGI’S, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF THIS SITE WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC NGI PRODUCT WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL NGI, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO USERFOR ANY CLAIM RELATING IN ANY WAY TO (A) USER'S INABILITY OR FAILURE TO USE THIS SITE PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY NGI, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THIS SITE’S DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE THIS SITE, EVEN IF NGI, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NGI SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
8.1 Indemnification. User agrees to defend, indemnify, and hold NGI, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney's fees and costs) made by any third party and arising from User’s use of or access to the Site, any content User posts, submits, transmits or otherwise makes available through this Site, User's violation of the terms and conditions of this Agreement, or the violation of the intellectual property rights of any third party.
9 Limitation of Claims. Except for claims relating to improper use of this Site, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
11 Entire Agreement. This Agreement embodies the entire understanding between User and NGI with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
12 Force Majeure. NGI's performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
13 General Provisions. This Agreement will be governed by and construed under the law of the state of Arizona, U.S.A. without giving effect to any principles of conflicts of law provisions. The parties agree that the state and federal courts sitting in Arizona will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by User without NGI's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
Updated October 22, 2009