Web Site Use Agreement
This Internet Website Use Agreement (the "Agreement") is between you and Shelter General Insurance Company ("Shelter") with a principal place of business at 1817 West Broadway, Columbia, MO 65218. Shelter owns this website and operates it under the Shelter-owned brand name Say Insurance™. Use of this website (the "Say Insurance Website") signifies your agreement to the terms and conditions of use set forth below in the Agreement.
1. You acknowledge that these terms and conditions of use govern your use of the Say Insurance Website and that you accept the terms thereof and any subsequent changes. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SAY INSURANCE WEBSITE AND TO CHECK BACK REGULARLY FOR ANY REVISIONS. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Say Insurance Website.
2. By visiting the Say Insurance Website, you expressly consent to the collection and use by Shelter of personally identifiable information according to the terms of Shelter's Privacy Protection Policy.
3. Shelter reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Say Insurance Website and your continued use of the website after such notice of changes signifies your acceptance of the changes.
4. The Say Insurance Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Say Insurance Website are only for your personal, non-commercial use. All materials contained on the Say Insurance Website are protected by copyright, and are owned or controlled by Shelter or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Say Insurance Website. You may download and make copies of the Content and other downloadable items displayed on this Say Insurance Website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Shelter or the copyright holder identified in the individual Content's copyright notice.
5. Shelter may change, suspend or discontinue any aspect of the Say Insurance Website at any time, including the availability of any Say Insurance Website feature, database, or Content. Shelter may also impose limits on certain features and services or restrict your access to parts or all of the Say Insurance Website without notice or liability.
6. You represent, warrant and covenant that:
- You shall not upload, post or transmit to or distribute or otherwise publish through the Say Insurance Website any materials which
- restrict or inhibit any other user from using and enjoying the Say Insurance Website,
- are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
- violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
- contain a virus or other harmful component,
- contain any information, software or other material of a commercial nature,
- contain advertising of any kind, or
- constitute or contain false or misleading indications of origin or statements of fact; and that you are at least eighteen (18) years old.
7. You hereby agree to indemnify, defend and hold Shelter, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Shelter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Shelter.
8. The Say Insurance Website contains links and pointers to other related World Wide Web Internet sites, resources, and sponsors of the Say Insurance Website. Links to and from Say Insurance Website to other third party sites, maintained by third parties, do not constitute an endorsement by Shelter or any of its subsidiaries or affiliates of any third party resources, or their contents. Shelter disclaims any and all responsibility for content contained in any third party materials provided through links from the Say Insurance Website.
9. Shelter will use reasonable efforts to maintain the accuracy or reliability of any statement or other information displayed or distributed through the Say Insurance Website. The information supplied on this website about our products is informational only. You acknowledge that any reliance upon any such statement or information shall be at your sole risk. Shelter reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Say Insurance Website. Coverage is controlled by the policy purchased, and the particular facts of each situation. To obtain coverage you must submit an application to Shelter. All applications are subject to underwriting approval.
10. THE SAY INSURANCE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SAY INSURANCE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SHELTER AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SAY INSURANCE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SAY INSURANCE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SAY INSURANCE WEBSITE OR ANY LINKED SITE. FURTHER, SHELTER AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SHELTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SAY INSURANCE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SAY INSURANCE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHELTER AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SAY INSURANCE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
11. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Say Insurance Website, you hereby grant to Shelter a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Shelter for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
12. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MISSOURI.
13. Any cause of action you may have with respect to your use of the Say Insurance Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.