terms of use

PIA Terms of Use September 22, 2011 PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. The following terms and conditions ("Terms of Use") explain and govern all access to and use of this Web Site ("AGENCYTOUCHPOINTS.COM"). Through User's access of AGENCYTOUCHPOINTS.COM, User accepts, without limitation or alteration, all of the terms and conditions, contained in these Terms of Use. Trademarks, Logos, Service Marks: The trademarks, logos and service marks (collectively the "Marks" or "Mark") appearing on AGENCYTOUCHPOINTS.COM are registered and unregistered Marks of the National Association of Professional Insurance Agents ("PIA"), and its affiliates and related subsidiaries. Further, also appearing on AGENCYTOUCHPOINTS.COM are the Marks of other entities' who have granted PIA permission for these others' Marks to appear/be used on AGENCYTOUCHPOINTS.COM. User is strictly prohibited from using the Marks displayed on AGENCYTOUCHPOINTS.COM or any other content on AGENCYTOUCHPOINTS.COM, except as provided in these Terms of Use. Copyright: The contents of all materials on AGENCYTOUCHPOINTS.COM are copyrighted by PIA unless otherwise indicated. All rights are reserved by PIA and content may not be reproduced, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of and with express attribution to PIA. Copyright infringement is a violation of federal law subject to criminal and civil penalties. To inquire about or request permission for use of content from PIA, please email web@PIANET.org Accuracy of Information: Content provided on AGENCYTOUCHPOINTS.COM is a combination of information produced by PIA, as well as information provided to PIA by other organizations. While PIA takes reasonable steps to determine the accuracy and completeness of the content contained on AGENCYTOUCHPOINTS.COM, PIA disclaims all warranties as to the accuracy, completeness, adequacy, timeliness, and your ability to use such content. You assume sole responsibility for your results when using any content on AGENCYTOUCHPOINTS.COM. Use of such information is voluntary, may be subject to the terms and condition set forth under "Copyright" provisions as stated under these Terms of Use, and reliance on it should only be undertaken after your independent review and decision as to its accuracy, completeness, efficacy, and timeliness. PIA shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on AGENCYTOUCHPOINTS.COM. Links to Material on Other Web Sites: AGENCYTOUCHPOINTS.COM contains "links" allowing a user of AGENCYTOUCHPOINTS.COM to access other, external Internet Web Sites ("Third Party Web Sites") containing information created, published, maintained, or otherwise posted by other organizations or individuals not affiliated with and/or controlled by PIA. PIA does not and cannot endorse, approve, certify, or control these Third Party Web Sites, and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information or content in these Web pages. Use of any information obtained from such Third Party Web Sites is voluntary and reliance on it should only be undertaken after your independent review and determination of its accuracy, completeness, efficacy, and timeliness. PIA shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any Third Party Web Sites. PIA shall not be responsible for and assumes no liability for any damages to, or viruses that may infect, the computer equipment or other property of User arising from or related to access to, use of, or browsing in these Third Party Web Sites or the downloading of any materials, data, text, images, video, or audio from these Third Party Web Sites by User. Reference in Third Party Web Sites to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendations or favoring by PIA. Damage to Equipment/Information: The nature of electronic, Web technology holds the possibility that, despite efforts to the contrary employed by PIA, a User's computer, property and/or personal information may be damaged, infected by a virus, or otherwise adversely affected while using AGENCYTOUCHPOINTS.COM. PIA shall not be responsible for and assumes no liability for any such damages or losses. Furthermore, PIA expects Users to exercise reasonable care and security measures to guard their systems so as not to infect AGENCYTOUCHPOINTS.COM by their use. No Legal Advice: Content does not constitute and is not intended to constitute "expert professional advice" (legal, accounting or otherwise) or to create an attorney-client or other expert professional-client relationship. Content does not replace the need for any user to review, evaluate and finally determine their proper use of information secured from/through AGENCYTOUCHPOINTS.COM, independently and/or with the services of their own attorney, accountant or other expert that would or could know the user's particular circumstances and specifically related laws for same. DISCLAIMER: AGENCYTOUCHPOINTS.COM AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PIA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PIA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM AGENCYTOUCHPOINTS.COM AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN AGENCYTOUCHPOINTS.COM, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF AGENCYTOUCHPOINTS.COM, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF AGENCYTOUCHPOINTS.COM OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH AGENCYTOUCHPOINTS.COM OR THE CONTENT. LIMITATION OF LIABILITY: PIA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF AGENCYTOUCHPOINTS.COM, THE CONTENT, THE INTERACTIVE AREAS OF AGENCYTOUCHPOINTS.COM OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PIA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE AGENCYTOUCHPOINTS.COM OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PIA'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00. Indemnification: You agree to indemnify, defend and hold harmless PIA, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to AGENCYTOUCHPOINTS.COM from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. Third Party Rights: The provisions of the paragraphs labeled Disclaimer, Limitation of Liability, and Indemnification are for the benefit of PIA and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to AGENCYTOUCHPOINTS.COM. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. Unlawful Activity: PIA reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities, including, but not limited to, user profiles and posted materials. Remedies for Violations: PIA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to AGENCYTOUCHPOINTS.COM and any other PIA Web sites and their features. Governing Law: PIA controls and operates AGENCYTOUCHPOINTS.COM in the United States. We make no representation that materials at AGENCYTOUCHPOINTS.COM are appropriate outside of the United States. Access to AGENCYTOUCHPOINTS.COM from territories where such use is illegal is strictly prohibited. Those who choose to access AGENCYTOUCHPOINTS.COM from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. Materials may not be used or exported in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed and construed in accordance with the laws of the United States and the District of Columbia and User consents to the exclusive jurisdiction of the state courts and U.S. federal courts located there. Privacy Policy: Your use of AGENCYTOUCHPOINTS.COM is subject to PIA's Privacy Policy. Severability of Provisions: These Terms of Use incorporate by reference any notices contained on AGENCYTOUCHPOINTS.COM, the Privacy Policy, the PIA Logo Use Guidelines, the Login FAQs and Assistance, and constitute the entire agreement with respect to access to and use of AGENCYTOUCHPOINTS.COM. If any provision of this Agreement is found to be unenforceable, the enforceability of the other provisions shall not be affected and the invalid provision shall be replaced by a provision, which being valid, comes closest to the intention underlying the invalid provision. Modifications to Terms of Use: PIA reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on AGENCYTOUCHPOINTS.COM and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of AGENCYTOUCHPOINTS.COM after any such changes constitutes your consent to such changes.