WEBSITE USAGE AGREEMENT TERMS AND CONDITIONS
The information on these pages is intended to be accurate at the time posted. It is for general informational purposes only. Because of the nature of this information, it may not be applicable in your area or current at the time you read it. Before purchasing or selling any insurance product in reliance on this information, please verify applicability. This is not an offer or solicitation to sell insurance, nor is it a representation or guarantee of any specific type or price of a product or service, not all of which are available in every area. The information on this site may change without prior notice.
Insurance terms and limits vary by jurisdiction. Descriptions of coverage on these pages are limited by the terms, conditions, definitions and exclusions of IBA’s policies. Coverage descriptions and product information are not representations of the law. They are not intended to constitute legal, accounting or financial advice. Statements regarding potential liability responsibility are based on general common law tort principles and/or standard statutes, both of which can be very fact-specific and vary by jurisdiction. The general information given here may not apply in every situation.
Hyperlinks Are Not Endorsements
When you activate one or more of the hyperlinks provided in this site, you are leaving the website of IBA and entering the website of another organization. These external websites are not maintained by IBA and contain information created, published or otherwise posted by organizations and entities independent of IBA. IBA does not approve, endorse or certify any products, services or information contained in the websites of any other organizations. IBA is not responsible for the content, accuracy, legality, safety, security, functionality, timeliness, reliability, fitness for any particular purpose, merchantability or privacy of any such website or hyperlink.
Copyrights and Trademarks; Digital Millennium Copyright Act Notifications
IBA respects the intellectual property of third parties, and we expect visitors to our website to do the same. IBA will investigate notices of alleged infringement of third party copyrighted material and take appropriate action under the DMCA. Such action may include disabling access to portions of our website which include infringing material or removing such infringing material from our website altogether.
If you believe your copyrighted material has been used on our website in a manner that constitutes copyright infringement, please provide us with the following information:
- A description of the copyrighted work you claim has been infringed.
- The location on our website where the copyrighted work identified in item #1 is found.
Specifically, a complete URL or URLs in the case of multiple works, must be provided.
- Your name, email address, phone number, and mailing address, or any other additional information which will allow us to contact you.
- A statement by you that you have a good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent, or the law.
- A statement by you, under penalty of perjury, that the notification is accurate, and that you are either the copyright owner or the authorized representative of the copyright owner.
- Your physical or electronic signature attesting to items #4 and #5.
Please note that we will not use the personally identifiable information contained in your response to item #3 for any purpose other than to process, investigate, and respond to your DMCA notification. Our Designated Agent for notice of claims of infringement on the website is accessible through email at: [email protected] Please use “DMCA Notification” in the subject of your email.
Not Legal Advice
Content contained on or made available through this website is not intended to and does not constitute legal advice and no attorney-client relationship is formed. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Your use of information on the website or materials linked from the website is at your own risk.
Errors and Corrections
IBA does not represent or warrant that this website or the content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. IBA does not warrant or represent that the content available on or through this website will be correct, accurate, timely, or otherwise reliable. IBA may make improvements and/or changes to its features, functionality or content at any time.
Disclaimer of Warranties and Limitation of Liability
This website is provided on an “as is” basis. IBA expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Provider disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this website and the content, including but not limited to technical inaccuracies and typographical errors, (b) any third-party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions, (c) the unavailability of the website or any portion of it, (d) your use of this website, or (e) your use of any equipment or software in connection with the website. IBA shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the website. Provider shall not be liable for any special, direct, indirect, incidental, punitive, exemplary or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the website or the content.
If any provision of these Terms and Conditions is held invalid, void or unenforceable, that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.
Information provided on a Site is strictly for educational and information purposes only. Information posted on a Site, whether by IBA or other users, is nothing more than an exchange of general information and ideas. Under no circumstance is information on any Site intended to, nor shall it, provide any professional advice, be it risk management, legal or financial, as each situation or circumstance is unique and requires its own analysis and assessment.
Engagement Guidelines – In General
While IBA encourages meaningful exchange of ideas on any Site, we expect users of a Site to abide by all of the engagement guidelines contained in this section. When using a Site, you agree to:
- Be respectful to other users;
- Not post someone else’s or your confidential or private information, including insurance policy or financial information (such as policy number, payment, contact, claim information, account or credit card details or information that identifies or could identify an individual personally);
- Not post advertising, promotional or other type of solicitation to other authorized users of a Site, unless in certain areas of a Site where such posting may be specifically authorized;
- Not take any action that would disrupt or interfere with the normal use of a Site by other authorized users;
- Not post material that contains the copyrights, trademarks and other intellectual properties of others, unless you have secured their permission;
- Not sublicense, transfer or otherwise make available any content on a Site to any third party for commercial purposes or financial gain or use the content in any other media or in any other location other than as permitted on a Site;
- Not post content that is defamatory, insulting, discriminatory, abusive, obscene, profane or demeaning; Not post any audio or visual content that features any individual unless you have such individual’s permission;
- Not register as or on behalf of anyone else, impersonate anyone else, seek to take on a false identity, or misrepresent yourself, your identity or your age;
- Not post material or links to a site that contain viruses or malicious software; and
- Use a Site only for lawful purposes and not to upload any unlawful content or in any other way use a Site so as to violate any applicable laws.
Third-Party or User Content
Any party other than IBA must identify itself when providing content to any Site. Content posted by users, including but not limited to, bloggers, on a Site is not reviewed or verified by IBA for accuracy or completeness and may not represent the opinions or ideals of IBA. IBA does not warrant the accuracy or completeness of any statements or claims posted; any information displayed, uploaded, downloaded or distributed through a Site by any user or any other person or entity; and is not responsible for and does not endorse any user provided content. IBA hereby disclaims responsibility and liability for any content and opinions expressed by others on any Site including but not limited to, content or opinions regarding any products or services mentioned on a Site. IBA hereby disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained on a Site. Tweeting or re-tweeting a post on any Site whether by users or IBA shall not implicitly or explicitly endorse or approve such post.
Information posted on a Site is in the public domain. If you post information on a Site, you do so at your own risk. You are solely responsible for the content that you post. By posting content on a Site, you warrant that you have permission to post the content on such Site.
We may monitor the Sites but we are not obligated to police them. In our sole discretion, we may refuse, move or remove any user content submitted to a Site and we may terminate, limit, block or suspend any user’s access to all or any part of a Site at any time and for any reason whatsoever, without notice or liability, including without limitation, your breach to this Agreement. We may also change, suspend or discontinue any aspect of the services provided on a Site at any time without any notice or liability, including the availability of any feature, blog, data base or content.
Limitation of Liability
IBA is not responsible or liable for the conduct of any person who uses a Site or your reliance on the information from any Site. Your use of any Site is at your own risk. IBA specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on any Site (even if IBA or a IBA representative has been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to a Site or viruses that may infect your computer equipment or other property, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to a Site. This limitation of liability may be different in connection with specific products and services offered by IBA. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to indemnify, defend and hold IBA, its affiliate(s), and its and their officers, directors, employees, consultants, agents and other representatives harmless from and against any and all claims, damages, losses, demands, liabilities, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms and Conditions; (b) any allegation that any content or other materials you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.