PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THE SITE ESTABLISHES THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, YOU MAY NOT USE THE SITE AND MUST DISCONTINUE ANY USE IMMEDIATELY.
I. DEFINITIONS
“Content” refers to any matter posted on the Site by Petschauer or others including but not limited to coverages, cash values and/or premium costs. Content also includes any matter communicated by Petschauer to a User in response, on the Site or by other means, to a communication using an Interactive Function.
“Entity” refers to any business, government agency, organization, or any other group that is not an individual person.
“Interactive Function” refers to any function or page of the Site which allows Users to submit and User Data to Petschauer, including but not limited to the functions identified by tabs headed: “Make a Payment” or “Get a Free Quote” or “Ask Sherri”
“Petschauer” refers to John Petschauer Inc. and any parent, subsidiary or other related company.
“Petschauer Trademarks” refers to the trademarks “Petschauer” and “Petschauer Insurance” which are owned by Petschauer and any other trademarks which Petschauer may use to identify its Products and/or Services.
“Petschauer Intellectual Property” refers to: (1) the Petschauer Trademarks and (2) any original works (including words and/or pictures) owned by Petschauer that are or may be protected by the United States Copyright laws and/or similar laws that protect such works and (3) the content, presentation and look of the Site And (4) all trademarks, trade names, logos, domain names, and other distinctive brand features displayed on the Site.
“Privacy Statement” refers to the Privacy Statement posted on the site which applies to User Data and which may be found at: http://jpins.com/privacy-statement
“Products” and “Services” refer to the insurance products and other products and services marketed by Petschauer through the Site and elsewhere.
“Site” refers to the internet website sponsored by Petschauer and which may be found at: http://jpins.com
“Terms of Use” refers to these Terms of Use, which are found on the Site at: http://jpins.com/terms-of-use
“ThirdParty Sites” refers to websites or content or resources sponsored or provided by persons or entities other than Petschauer or its affiliates, and which may be reached by links in the Petschauer Site.
“User” and/or “you” refers to every person or Entity that visits or otherwise uses the Site for any reason.
“User Data” refers to any and all data in Petschauer’s possession which relates to User whether provided to Petschauer by User or obtained by Petschauer from other sources.
II. AGREEING TO THE TERMS OF USE
A. In order to be eligible to use the Site, you must first agree to these Terms of Use. You may not use the Site if you do not agree to the Terms of Use.
B. If you use any Interactive Function on the Site you will be required to “check the box” located on or about the Interactive Function to expressly manifest your agreement to be bound by the Terms of Use.
C. In the absence of express agreement through “check the box” your use of the Site shall constitute your implied agreement to be bound by the Terms of Use. If you wish to revoke such implied agreement, you may not use the Site and you must discontinue any use immediately.
D. If you are an individual person, you may not use the Site if (a) you are not of legal age to form a binding contract, or (b) you are otherwise incapable of entering into a legally binding agreement or (c) are a person barred from receiving the Services under the laws of the place in which you reside or from which you access the Site or under any other applicable law.
E. If you are acting on behalf of an Entity, you may not use the Site unless you have been duly authorized by the Entity to: (a) agree to the Terms of Use and (b) to conduct the transactions conducted on or through the Site.
F. We urge you to save a copy of the Terms of Use for your records.
III. CHANGING THE TERMS; CHANGING THE SITE.
A. Petschauer shall have the absolute discretion and right to change the Terms at any time and from time to time without prior notice to you. Petschauer may do so by changing the Terms of Useon the Site. If you object to any change, your only remedy will be to discontinue visiting or using the Site. If you continue to visit or use the Site following any change of the Terms of Use, it will constitute your agreement to be bound by the changed Terms of Use.
B. Certain provisions of the Terms of Usemay be superseded by different terms that are expressly stated elsewhere on the Site. In each such case, those expressly stated terms shall supersede the applicable provision(s) set forth in these Terms of Use.
C. Petschauer shall have the absolute discretion and right to change the Site at any time and from time to time without prior notice to you. Petschauer may do so by changing any Content on the Site. If you object to any change on the Site, your only remedy will be to discontinue visiting or using the Site.
D. Petschauer shall have the absolute discretion and right to discontinue or permanently stop providing the Site (or any features thereof) to you or to Users generally at any time and from time to time without prior notice.
IV. PRIVACY.
A. You may on occasion provide User Data to Petschauer, whether through the Interactive Functions of this website or by any other means.
B. For information about our policies and practices concerning User Information, please read the Privacy Statement at http://jpins.com/privacy-statement
C. By providing User Data you agree to the treatment of same in accordance with the Privacy Statement.
V. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
B. PETSCHAUER DISCLAIMS ALL WARRANTIES OF ANY KIND CONCERNING THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT THOSE WARRANTIES CLEARLY AND EXPRESSLY STATED IN THESE TERMS OR ELSEWHERE ON THE SITE.
C. IN PARTICULAR, PETSCHAUER DOES NOTREPRESENT OR WARRANT TO YOU THAT:
1. THE SITE WILL MEET YOUR REQUIREMENTS, OR
2. THE USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERROR, OR
3. INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
D. NO ADVICE OR INFORMATION OBTAINED THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY.
E. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIALS.
F. PETSCHAUER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (DIRECT OR INDIRECT), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTIONS, OR OTHER TANGIBLE OR INTANGIBLE LOSS.
G. WHEN EXAMPLES AND OTHER INFORMATION ARE PRESENTED IN THIS WEBSITE THEY ARE INTENDED ONLY TO PROVIDE GENERAL GUIDANCE ABOUT INSURANCE PRODUCTS AND RELATED TOPICS, SOMETIMES THROUGH THE USE OF HYPOTHETICAL “DETAILS” INCLUDING COVERAGES, CASH VALUES AND/OR PREMIUM COSTS. ALL GUIDANCE IS GENERAL AND ANY HYPOTHETICALS ARE APPROXIMATIONS. THEY ARE NOT FACTS OR OPINIONS APPLICABLE TO ANY PARTICULAR SITUATION.
VI. LINKS TO THIRD PARTY SITES.
A. The Site may include links to ThirdParty Sites”. Petschauer will have no control over ThirdParty Sites and will have no obligation to monitor the content or operations of ThirdParty Sites.
B. Petschauer does not endorse or make any representations about ThirdParty Sites, or about any information, software, products, services, or materials found there or any results that may be obtained by using them. If you access any Third Party Sites linked to this Site, you do this entirely at your own risk.
VII. PETSCHAUER ’S INTELLECTUAL PROPERTY.
A. Petschauer owns or is the licensee of all legal right, title and interest in and to the Petschauer Trademarks and other Petschauer Intellectual Property
trademarks, trade names, logos, domain names, and other distinctive brand features displayed on the Site, and owns or is the licensee of all legal right, title and interest in and to the materials appearing in the Site (collectively the “Intellectual Property”). Petschauer owns or is the licensee of the Intellectual Property without regard to whether the Intellectual Property is registered or not, or where in the world those Intellectual Property rights may exist.
B. Nothing in these Terms or in the Site gives any User a right to use or own any of the Petschauer Intellectual Property for any purpose whatsoever.
VIII. USER DATA.
A. If you provide User Data to Petschauer, you give Petschauer a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Data in connection with its marketing of the Products and Services. You hereby warrant and represent that you have all the rights, power and authority necessary to grant the license in the preceding sentence.
B. Petschaueracknowledges that it obtains no right from you under these Terms of Use in or to any UserData, other than rights expressly granted to Petschauerunder these Terms of Use.
IX. TERMINATION.
A. Petschauer may terminate, suspend, or modify your use of, or access to, all or part of the Site, without notice, at any time and for any reason.
B. You may discontinue your use of and access to the Site at any time and for any reason.
C. If you violate any of these Terms, your authorization to use the Site will terminate automatically without any further act of or notice by Petschauer.
X. NOTICES.
A. Any notices or other communications from Petschauer to you, including but not limited to those regarding changes to the Terms or to the Site, shall be sufficient if given by email or by postings on the Site.
B. Any notices or other communications from you to Petschauer shall be sufficient if given by U.S. mail or by email to the following addresses:
Petschauer Insurance
377 Oak Street, Suite 404
Garden City, NY 11530
Att: Erwin Petschauer/Vice President
Email Address: ep@jpins.com
C. When you visit or use the Site or send e-mails to Petschauer, you are communicating with Petschauer electronically. We may respond to your electronic communications to us by e-mail or by posting notices on the Site. Any such electronic communications from Petschauer to you will satisfy any legal requirement that such communications be in writing.
XI. MISCELLANEOUS LEGAL TERMS
A. Waiver. The failure of Petschauer to enforce any provision of these Terms shall not result in a waiver of same. No waiver by Petschauer of any provision of these Terms in any one instance shall be deemed to result in a waiver of such provision in any other instance.
B. Titles. The titles in this Agreement are for convenience of reference only, and are not to be considered in construing these Terms of Use.
C. Governing Law and Lawsuits. These Terms of Use shall be construed and enforced in accordance with New York law, giving no effect to New York choice of law rules.All lawsuits arising from or relating to these Terms or your use of the Site shall be brought in the Federal or State courts in or for Nassau County, New York, USA, and you hereby submit to the exclusive personal jurisdiction of such courts for such purpose.
D. Severability. If any provision of these Terms of Use is found to be void or unenforceable under existing or future law, the remaining provisions of these Terms of Use shall nevertheless be binding with the same force and effect as though the void or unenforceable parts were deleted.
© John Petschauer Inc. 2017