This User Terms of Service (“Terms”) sets forth the terms and conditions on which Bidwell Insurance Agency, Inc. is willing to permit your use of the Site, which by definition includes any services offered on the Site, and your responsibilities as a User. By use of this website, you agree to use the Site in strict accordance with, and to be bound by these Terms.
Permitted Use
You agree to access and use the Site for the purpose of reviewing insurance information with Bidwell Insurance Agency, Inc. You are responsible for, and agree to comply with, any applicable federal, state and local laws or regulations relating to your use of the Site.
Prohibited Use
You agree not to use the Site (i) in a manner that is prohibited by any law or regulation; (ii) using another person’s password without their permission or to impersonate or otherwise misrepresent your identity or affiliation; (iii) to access accounts which you are not authorized to access; (iv) to invade the privacy of third parties; (v) to violate, or facilitate or assist in violating, the security of the Site, whether intentionally, negligently or otherwise; or (vi) to transmit by means of the Site any data or material that contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Passwords and Account Users
If applicable, it is your responsibility to establish one or more passwords and accounts in connection with your use of the Site. Bidwell Insurance Agency, Inc. recommends that you routinely change your password(s) to help prevent the improper access or use of the Site by unauthorized individuals.
You are solely responsible for: (i) Maintaining the confidentiality of your password(s); (ii) Any and all activities that occur on the Site using your passwords; (iii) Managing the security and administration of your password(s) and accounts; and (iv) Promptly notifying Bidwell Insurance Agency, Inc. of any unauthorized use of your password(s) or activity pertaining to your accounts.
You agree that Bidwell Insurance Agency, Inc. shall not be liable for any loss or damage incurred in connection with your failure to comply with this section, including any misuse of passwords, failure to secure passwords and failure to terminate access to the Site by any person who does not retain authority to access the Site on your behalf.
DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF UNINTERRUPTED OR ERROR FREE SERVICE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE THAT BIDWELL INSURANCE AGENCY, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIDWELL INSURANCE AGENCY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Modification of Terms
Bidwell Insurance Agency, Inc. reserves the right to modify these Terms in any manner and at any time, without notice or liability.
Termination
Bidwell Insurance Agency, Inc. may, in its sole discretion, refuse, restrict or terminate your access to the Site for any reason, with or without prior notice.
General
Trademarks. You may not use Bidwell Insurance Agency, Inc.’s name or trademarks without its prior written permission. [The “look and feel” of the Site is also trademark and proprietary trade dress. This includes the color combinations, button shapes, layout, and all other graphical and navigational elements.]
Cookies. The Site uses “cookies” to store your use preferences for future visits to the Site.
Governing Law. These Terms and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of California and such laws will apply without regard to principles of conflict of laws.
Dispute Resolution. All claims and disputes arising out of these Terms or your use of the Site shall be submitted to and resolved by binding arbitration, pursuant to the then-current rules of the American Arbitration Association. Any arbitration proceeding shall take place in Chico, California.
Limitation on Actions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site must be filed within one (1) year after such claim or cause of action arose.
Waiver. The failure of Bidwell Insurance Agency, Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.