Your Privacy
1. Acceptance
of Terms. This website (the
“Site”) is operated by United Policyholders, a non-profit educational
organization. It is intended for
your personal information, education and communication. Please feel free to browse the
Site; however, your access and use of this Site is subject to these Terms of
Use and all applicable laws. By
accessing and browsing the Site, or posting of information or Content on the
Site, you accept, without limitation or qualification, these Terms of Use. United Policyholders reserves the right
to limit or terminate your access to the Site or terminate or suspend your
registration for failure to comply with these Terms of Use, or for any reason
at any time.
2. Limited
Right to Use; Copyrights. The
information and materials on this Site are protected by copyrights, trademarks,
service marks, patents, trade secrets, and/or other proprietary rights and
laws. The viewing, printing or
downloading of any materials, content or information from this Site grants you
only a limited, non-exclusive license for use solely by you for your own
personal use and not for republication, distribution, assignment, sublicense,
sale, publication, preparation of derivative works or other use. No part of any content, materials or
information may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your personal use,
except as expressly authorized by United Policyholders. The copying, redistribution, use or publication
by you of any content, materials or information or any part of this Site,
except as expressly allowed by United Policyholders, is strictly
prohibited.
3. General
Disclaimer. This Site is an
informational and educational resource to assist you in insurance and
disaster-related issues, including certain legal and financial issues related
thereto. While United
Policyholders hopes to provide you with useful information and assistance, we
do not provide legal, financial, or professional advice; or specific advice
regarding which service providers you should use. The applicability of the legal and insurance principles
discussed at this Site may differ substantially in individual situations or in
different states or countries. Remember, when dealing with any legal matter you
should not rely on the materials or the content provided on this Site without
first seeking the advice of an attorney about your particular situation and
facts. The information provided in
this Site, including any advice imparted in the Ask an Expert forum, is to be
used at your own risk. Nothing
contained on this Site should be construed to constitute a recommendation or
endorsement of any product, service, site, insurance professional, financial
advisor, law firm or attorney. Any
listing, name, content, material of any insurance professional, financial
advisor, attorney or law firm found on this Site does not constitute an
endorsement, recommendation or referral of such persons. When deciding to hire
any insurance professional, financial advisor, attorney or law firm you should
do your own independent research and not solely rely on the materials found on
this Site.
4. Posting
of User Content. Certain areas
of this Site may allow users, including Experts selected by United Policyholders,
to post content including questions, experiences, advice, expert content,
recommendations, opinions, information, messages, or other material ("User
Content"). For instance, you
may use our forums, blogs, “Ask an Expert” or other community areas to post
User Content. Please be aware that these areas are public and not confidential.
You may only post your User Content to public areas and where you have
permission to post. Only
registered users of the Site may post User Content. You may not post any User Content that violates these
Terms of Use or any third party rights.
United Policyholders does
not claim ownership of any User Content that you may post. However, by posting
User Content to public areas, forums, and/or “Ask an Expert” on the Site, you
grant United Policyholders the perpetual royalty-free right to use, copy,
display, perform, distribute, adapt, create derivative works, sublicense and
promote your User Content in any medium and any manner whatsoever.
United Policyholders has not
reviewed the posts on the Site in advance and the views expressed therein are
those of the posters and do not necessarily reflect those of United
Policyholders or its employees, officers, directors, agents or affiliates.
United Policyholders assumes no responsibility for the posts or the information
contained therein, nor do they make any claims, promises or guarantees about
the accuracy, suitability or completeness of any of the information in the
posts, including posts made by Experts (as defined below).
5. Advice
and Information Provided On Site and by “Experts.” The “Ask an Expert” feature on
the Site allows users to post questions, which may be responded to by insurance
professionals, attorneys and/or other persons with expertise to provide responses,
who are selected by United Policyholders (“Experts”). You hereby acknowledge your understanding that the Experts
that participate in the Ask an Expert forum may not be affiliated with,
employed by or agents of United Policyholders, and that United Policyholders
makes no representations as to the qualifications of any of the Experts who
participate in the Ask an Expert forum.
The selection of an Expert by United Policyholders does not constitute
an endorsement, recommendation or referral of such persons. When deciding to
hire any insurance professional, financial advisor, attorney or law firm you
should do your own independent research and not rely solely on the materials
found on this Site.
Please remember that no
information found at this Site, in the database, in the forums or in the
responses from Experts can replace a face-to-face meeting or telephone
consultation with an insurance agent, financial advisor or attorney about your
particular case, problem or question. The information you find on the Site or
in the Expert responses should just be a starting point in finding your
answers. Nothing transmitted to or from this Site constitutes the establishment
of an attorney-client relationship between you and any attorney. As laws vary from state to state and
are constantly changing, you should consult an attorney in your state for
specific advice to rely on.
In addition, because Ask an
Expert is a public forum, you must also understand that you may lose some
privacy by posting your questions or answers on the forum. Although your identity will stay
anonymous, your facts and your view of the facts may not remain a
"secret" any longer, and you should consider this in determining
whether and what to post on the Site.
6. Prohibited
Uses of Site. While using the
Site, you may not:
- restrict or inhibit any other user from using the Site;
- post or transmit any unlawful, fraudulent, libelous,
defamatory, obscene, pornographic, profane, threatening, abusive, hateful,
offensive, or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability, constitute
unauthorized practice of a professional service, or otherwise violate any
local, state, national, or foreign law;
- post or transmit any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or schemes, or other
unsolicited commercial communication (except as otherwise expressly permitted
by United Policyholders), or engage in spamming, phishing, or flooding;
- use any robot, spider, scraper, or other automated means to
access the Site for any purpose without United Policyholders’ express written
permission;
- post or transmit any information or software that contains a
virus, Trojan horse, worm, or other harmful component;
- post, publish, transmit, reproduce, distribute, or in any way
exploit any information, software, or other material obtained through the Site
for commercial purposes (other than as expressly permitted by the provider of
such information, software, or other material);
- upload, post, publish, transmit, reproduce, or distribute in
any way information, software, or other material obtained through the Site
which is protected by copyright or other proprietary right, or derivative works
with respect thereto, without obtaining permission of the copyright owner or
right holder; or
- upload, post, publish, reproduce, transmit, or distribute in
any way any component of the Site itself or derivative works with respect
thereto without United Policyholders’ prior written consent.
User
Content is the sole responsibility of the person from whom it originated and
United Policyholders accepts no responsibility for, nor does it guarantee the
integrity, quality, or accuracy of, the information.
7. No
Duty to Monitor. You agree
that United Policyholders is not liable for User Content that is provided by
others, including Experts selected by United Policyholders. United
Policyholders has no obligation to prescreen User Content that may be posted in
the Ask an Expert or other community forums and is not responsible for such
postings. Although United Policyholders has no duty to prescreen User Content,
United Policyholders has the right to refuse to post or to edit submitted User
Content. United Policyholders reserves the right to remove User Content for any
reason, but is not responsible for any failure or delay in removing such
material.
8. Copyright
Infringement. If you believe
your copyright or the copyright of another has been infringed on the Site,
please provide United Policyholder’s Copyright Agent with a written notice
containing the following information: (1) an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; (2) a description of the copyrighted work that you claim has been
infringed; (3) a description of where the material that you claim is infringing
is located on the Site; (4) your address, telephone number, and email address; (5)
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent or the law; and (6) a
statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Claims of infringement should be addressed
to the United Policyholders’ Copyright Agent by mail to 381
Bush Street, 8th Floor, San Francisco, CA 94104, or by email to copyrightagent@unitedpolicyholders.org.
9. Links. Any link provided on this Site is
provided for the use and convenience of its users. The appearance of links does not constitute an endorsement,
recommendation or certification by United Policyholders, nor should the
presence of a link in any way be construed as a suggestion that such site or
the persons operating such site have any relationship with United
Policyholders. United
Policyholders does not take responsibility for the accuracy, currency,
completeness or quality of the content contained in these linked sites or the
quality of any services rendered in connection with such sites. As such, United Policyholders will not
be responsible for any errors or omissions or for the results obtained from the
use of such information contained in these sites.
10. DISCLAIMER
OF WARRANTIES. ALL MATERIALS,
CONTENT (INCULUDING USER CONTENT), INFORMATION, OPINIONS AND SERVICES (THE
“CONTENT”) INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND
“AS AVAILABLE” FOR YOUR USE. THE
CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNITED POLICYHOLDERS DOES NOT WARRANT THAT THE CONTENT IS
ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR
THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. LIMITATION
OF LIABILITY. UNDER NO CIRCUMSTANCES WILL UNITED
POLICYHOLDERS OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS OR
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THIS SITE, INCLUDING ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE SITE, STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INSTRUCTION, INFORMATION OR SERVICES
PROVIDED BY OR LINKED FROM THE SITE OR ANY OTHER MATTER RELATING TO THE
SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF UNITED POLICYHOLDERS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
12. NO
PROFESSIONAL ADVICE. THE
SITE OFFERS INFORMATION RELATED TO INSURANCE AND DISASTER-RELATED ISSUES, WHICH
INCLUDES LEGAL, FINANCIAL AND OTHER INFORMATION. THIS INFORMATION IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL
PURPOSES ONLY. ANY INFORMATION FOUND ON THE SITE IS NOT A SUBSTITUTE FOR
OBTAINING SPECIFIC LEGAL, FINANCIAL OR OTHER PROFESSIONAL OR LICENSED SERVICES OR
ADVICE DIRECTLY APPLICABLE TO YOUR SITUATION. YOU SHOULD NOT RELY ON ANY
INFORMATION ON THE SITE, INCLUDING ANY ADVICE OR INFORMATION INCLUDED IN THE
ASK AN EXPERT FORUM, AS A SUBSTITUTE FOR SUCH SERVICES OR ADVICE.
THE USE OF ANY INFORMATION
PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF AN
INSURANCE PROFESSIONAL, ATTORNEY, FINANCIAL ADVISOR OR OTHER PROFESSIONAL OR
LICENSED ADVISOR AS APPROPRIATE. DO NOT DISREGARD INSURANCE, LEGAL, FINANCIAL,
OR OTHER PROFESSIONAL OR LICENSED ADVICE OR DELAY IN SEEKING IT BECAUSE OF
SOMETHING YOU HAVE READ ON THIS SITE.
NOTHING
STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES OR FORUM, INCLUDING
ASK AN EXPERT, IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF
LAW, OR FINANCIAL, PROFESSIONAL, OR LICENSED SERVICES. Your access or use
of the Site does not create in any
way an attorney/client, confidential, or privileged relationship, or any other
relationship that would give rise to any duties on United Policyholders’ part
or the part of our suppliers, distributors, partners, and/or affiliates. United
Policyholders does not sell insurance or certify, endorse or warrant insurance
products or vendors. United
Policyholders is not a referral service.
If you rely on any of the information provided on the Site, you do so
solely at your own risk.
13. Indemnification.
You will indemnify, defend,
and hold harmless United Policyholders and its officers, employees, directors,
agents and affiliates from any and all claims, demands, damages, costs, and
liabilities, including reasonable attorneys' fees and costs, resulting from or
arising out of your acts or omissions in using the Site, including your breach
of these Terms of Use or any User Content you submit or post to the Site.
14. Modifications
to Term of Use. United
Policyholders may change, modify, update, add to, or remove portions of these
Terms of Use at any time. Please check these Terms of Use periodically for
changes. Your continued use of the Site following the posting of any changes
will signify your acceptance of those changes.
15. Governing Law; Venue. Any
action related to these Terms of Use or the use of this Site will be governed
by the substantive laws of the State of California, without regard to conflicts
of laws principles. The state and
federal courts located in San Francisco County, California shall have sole
jurisdiction over any dispute arising hereunder, and by the use of this Site
you hereby consent to the personal jurisdiction of such courts for all such
purposes.
16. Miscellaneous. These Terms of Use constitute the
entire agreement between the parties with respect to the subject matter hereof.
The failure to require performance of any provision shall not affect a party's
right to require performance at any time thereafter, nor shall a waiver of any
breach or default under these Terms of Use constitute a waiver of any
subsequent breach or default or a waiver of the provision itself. If any
provision herein is held unenforceable, then such provision will be modified to
reflect the parties' intention, and the remaining provisions of this Agreement
will remain in full force and effect. You may not resell, assign, or transfer
any of your rights hereunder.
17. Privacy
Policy. United Policyholders understands you may provide personal
information and other data when you come to the Site. While United Policyholders takes all reasonable steps to
protect and safeguard your personal information and other data, we cannot
guarantee that our system is failsafe or that information is not subject to the
interception, alteration, and unauthorized access by third parties. Nor does
United Policyholders guarantee absolute security and confidentiality.
Furthermore, United Policyholders may disclose your personal information as
required by law, rule, regulation or court order. Please review United
Policyholders’ Privacy Policy, as it governs the handling of such
information. By agreeing to these Terms of Use you are agreeing to United
Policyholders’ Privacy Policy.
