PruettScholes Terms of Use

Terms and Conditions of Use of the Our Web Site

IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF OUR WEB SITE AND OUR SERVICES.

PruettScholes Insurance (“PruettScholes”, “we”, “our”, “us”) provides this Web site and the materials located at and under the domain name PruettScholes.com (collectively, this “Site”) and any PruettScholes services available on this Site (which, collectively with this Site, are referred to as the “Services”) to you, the user, subject to compliance with these terms and conditions below relating to this Site and the Services (collectively, this “Agreement”). BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHALL CEASE USING THE SITE.

1. USE OF WEB SITE; DISCLAIMERS.

(a) PruettScholes provides the Services for users of this Site to provide information relating to PruettScholes and its affiliates, as well as insurance products they may offer. This Site and the Services are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAWS GOVERNING WHERE YOU LIVE OR NOT MORE THAN 18 YEARS OF AGE, YOU MAY NOT ACCESS THIS SITE OR USE THE SERVICES AND SHOULD IMMEDIATELY DISCONTINUE YOUR ACCESS AND USE THEREOF.

(b) As a condition to your use of this Site and the Services, you agree that you will not: (i) use this Site or the Services to infringe the intellectual property rights of PruettScholes or others in any way; (ii) use this Site or the Services or make any attempt to penetrate, modify or manipulate this Site or the Services or any of PruettScholes’s hardware or software in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including, but not limited to, IP addresses of) any PruettScholes account holder or user, or modify, erase or damage any information contained on the computer of any user connected to this Site or the Services; or (iii) reverse engineer any portion of this Site or the Services.

(c) The material contained on this Site is provided solely for general informational purposes and is not intended to be a solicitation or an offer to sell any products or services, nor is the material a complete description of all terms, conditions and exclusions applicable to the products and services described. Further, PruettScholes is not engaged in rendering legal or any other advice through this Site or the Services and you are not a client of PruettScholes merely by visiting this Site or using the Services. PruettScholes does not purport, by means of this Site, to offer information appropriate or suitable to your individual circumstances. For complete descriptions of the terms, conditions and exclusions of insurance coverages or other products or services, please refer to the particular policy or contract. The availability of described coverages and other products and services may be limited by state or other applicable laws and by underwriting criteria.

(d) The information contained on this Site was believed to be accurate at the time it was posted. PruettScholes periodically updates the information on this Site. While every effort is made to ensure the accuracy of the information contained within the Site, this information is provided “as is”.

(e) This Site may contain links to or material from other Internet sites that are not created, published, maintained or otherwise controlled by PruettScholes. PruettScholes takes no responsibility and assumes no liability or obligation for any content posted by any third party or on any third party Web site, nor does PruettScholes approve, endorse or certify information available at any external site or linked addresses. If you access these sites, we encourage you to review their terms of use or privacy policies prior to disclosing personally identifiable information.

(f) You understand and agree that PruettScholes may, without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, your breach or violation of this Agreement, demands by law enforcement or other government or regulatory authorities, or technical difficulties.

2. COPYRIGHTS AND TRADEMARKS

(a) All content posted by PruettScholes, including, but not limited to photographs, audio, video clips and text, contained on this Site is proprietary information and the exclusive property of PruettScholes or its licensors and is protected by U.S. and/or international copyright and trademark laws. All rights not expressly granted are reserved. Trademarks owned by PruettScholes or its affiliates, the PruettScholes logo, and all other trademarks, service marks, logos, and trade names (collectively, “Marks”) of PruettScholes or its affiliates appearing on this Site are owned by PruettScholes, its affiliates or its licensors.

(b) You are hereby granted a revocable, non-exclusive and non-transferable license to access, download, display, and print the content on this Site for your internal business (non-commercial) use. You may not otherwise reproduce, distribute, sell, disclose, alter, modify or attempt to reverse engineer the content without prior written approval from PruettScholes.

(c) You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the PruettScholes home page provided: (i) the link does not portray PruettScholes, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter; and (ii) the link does not use any of the Marks without PruettScholes’s prior written consent.

(d) Notwithstanding any of the foregoing provisions of this Section 2, you (i) may not frame or utilize framing techniques to enclose any Marks or (ii) use any meta tags or any other hidden text utilizing the Marks, unless you have PruettScholes’s prior written consent.

3. PROHIBITED ACTIVITIES ON THIS SITE

It is a condition of your use of the Services and this Site that you do not restrict or inhibit any other user from using and enjoying this Site or the Services or any other PruettScholes property or system, or use this Site or any of the Services to: (a) engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability;(b) distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind; (c) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of the TCP/IP packet header information in any e-mail or other posting; (d) harvest, collect or store user information on this Site including, but not limited to, e-mail addresses; (e) violate or attempt to violate, the security of the Services; (f) infringe upon or misappropriate any person’s copyright, patent, or other intellectual property, trade secret, or other proprietary rights (in which event you may be ordered by a court to pay money damages to the rightful owner of any such rights you violate); or (g) assist or permit any persons in engaging in any of the activities described above.

4. INFORMATION YOU SUBMIT

(a) We use the information you submit to us via e-mail and through our “Contact” pages and other pages we may add from time to time, to respond to your inquiries for information or requests for Services. Our use of any information you submit to us in order to use the Services is subject to the terms and conditions of our Privacy Statement, the provisions of which are incorporated by reference into this Agreement and shall apply to your use of this Site and the Services. PruettScholes will not sell your information to other businesses.

(b) When you complete forms online or otherwise provide us information in connection with this Site and the Services, you agree to provide current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use. If PruettScholes in its sole discretion believes that any such information is untrue, inaccurate, not current or incomplete, PruettScholes may refuse your access to the Services and pursue any and all appropriate legal and equitable remedies.

(c) “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. The use of cookies is an industry standard to provide useful features to our customers. Your web browser may be set to notify you when you are about to accept a cookie. You can change this setting to accept cookies without notification by going into your browser preferences. If you refuse to accept a cookie while on PruettScholesavis.com, you may not be able to access portions of the Site.

5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE CONTENT CONTAINED ON THIS SITE AND EXPRESSLY DISCLAIM ALL LIABILITY FOR ERRORS AND OMISSIONS OF SUCH CONTENT. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE CONTENT CONTAINED ON THIS SITE. USE OF HYPERLINKS TO OTHER SITES ARE AT YOUR OWN RISK; THE CONTENT AND ACCURACY, OPINIONS EXPRESSED AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED, OR ENDORSED BY US.

WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR EXPENSES, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL, BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH:

EVEN IF THE CLAIMANT TELLS US OR OUR REPRESENTATIVE OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. WHERE A STATE DOES NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6. INDEMNITY

By using this Site, you agree to indemnify, defend and hold PruettScholes and its affiliates and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively, the “PruettScholes Parties”) harmless from and against all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any PruettScholes Party in connection with any use or alleged use of the Website under your password by any person, whether or not authorized by you.

7. ORDER OF PRECEDENCE

This Agreement governs your use of this Site and access to the Services. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on this Site, conflicts with any provision of other agreements between you and PruettScholes or any of its related or affiliated entities, the terms of this Agreement, shall, as to the specific subject matter of this Agreement, take precedence over any conflicting terms of such other agreement.

8. APPLICABLE LAWS; VENUE

This Site is directed solely to individuals residing in the Unites States. PruettScholes makes no representation that information or the Services provided through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk. Regardless of the residence of the individual accessing the Site, the internal substantive laws of the state of Colorado will govern this Agreement and any dispute relating to this Agreement without regard to any conflict of laws principles. Any action brought to enforce this Agreement or matters related to the Site shall be brought in either the State or Federal Courts located within the State of Colorado.

9. GENERAL

(a) PruettScholes may amend this Agreement or any other notices, policies, terms and conditions on this Site at any time by updating this posting or otherwise posting the changes to this Site. Accordingly, you should visit this Site from time to time to review the then-current and effective terms and conditions because they are binding upon you. Your continued use of the Site will be deemed acceptance of such changes. Certain provisions of these terms and conditions also may be superseded by expressly designated legal notices or terms located on particular pages at this Site or in conjunction with the Services.

(b) If any provisions of this Agreement are found by a court or arbitration panel of competent jurisdiction to be invalid or unenforceable, they shall be to that extent severed from this Agreement such that the remainder thereof shall remain in full force and effect and shall continue to bind the parties.

(c) The section headings used in this Agreement are for convenience only and have no legal or contractual effect. As appropriate to the text and the context of this Agreement, references to the plural shall include the singular, references to the masculine shall include the feminine and neuter gender, and statements in the disjunctive shall include the conjunctive, and vice versa.

(d) BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.