THE FOLLOWING TERMS AND CONDITIONS ("TERMS") SHALL GOVERN YOUR ACCESS TO THE MEMORANDUM OF INSURANCE ("MOI") WEB SITE (“SITE”).
1. User Acknowledgment.
By clicking the I Accept button below, you acknowledge that you have read these Terms and agree that they shall govern your access to the Site and that you shall abide by all applicable laws and regulations concerning the use of any information contained on the Site. Wells Fargo Insurance Services, Inc. and/or its subsidiaries ("Wells Fargo Insurance Services") may modify the Terms from time to time without notice. If you do not agree to be bound by the Terms, you may not use or access the Site.
2. Modification/Termination of Access.
Wells Fargo Insurance Services reserves the right to modify or terminate the Site or to terminate your access to the Site, in whole or in part, at any time.
3. Proprietary Rights.
The information and materials contained on the Site are protected under the laws of the United States and other countries governing without limitation copyrights, trademarks, service marks, trade secrets, trade names, patents, associated goodwill, moral rights and any other such rights (“Intellectual Property). You acknowledge that you do not acquire any ownership rights or licenses to any of the Intellectual Property on the Site by virtue of your access of the Site.
4. Restrictions on Use.
You agree to use the Site exclusively for the benefit of your organization, and not for the benefit of any other person or entity. You may view and print material from the Site for the use of your organization, provided that all such copies retain any and all appropriate proprietary notices. You may not modify the Site or the MOI in any way. You may not use any of Wells Fargo Insurance Services's names or marks in any manner that could create the impression that such names or marks belong to you or imply any endorsement of you by Wells Fargo Insurance Services. You will not use the Site, the MOI or any information contained thereon or any of Wells Fargo Insurance Services's names or marks in any mailings or internet communications. You agree not to link directly to the Site, the MOI or present the MOI or any content of the Site within any other web site.
5. Rights Reserved.
All rights in and to the Site, including the right to develop, exploit and utilize the Site and any information or material contained on the Site, are reserved to Wells Fargo Insurance Services.
THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
7. Limitation of Liability.
WELLS FARGO INSURANCE SERVICES NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS OR OFFICERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, UNAVAILABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE USE OF THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION ON THE SITE. IN NO EVENT SHALL WELLS FARGO INSURANCE SERVICES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, ECONOMIC OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS RESULTING FROM THE USE OF OR ACCESS TO THE SITE OR ANY FAILURE OF PERFORMANCE OF THE SITE.
You agree to defend, indemnify and hold harmless Wells Fargo Insurance Services, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your violation of these Terms or the misuse of the Site, including such violation or misuse conducted by your employee or agent, if applicable.
9. Governing Law.
These Terms shall be construed in accordance with and governed by the laws of the State of Illinois, with the exception of its conflicts of laws provisions.
10. Contact Information.
Correspondence about the Terms or the Site may be sent via the United States Postal Service to: Wells Fargo Insurance Services, Inc., 150 North Michigan Avenue, Suite 3900, Chicago, Illinois 60601.