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THE ACCEPTANCE OF THIS
BUSINESS LISTING
AGREEMENT: is between
“YOU” and “INSURANCE
CLAIM CONTRACTOR GROUP
LLC.” Customers must
signify the acceptance
of the agreement by
clicking the “I ACCEPT”
button at the bottom of
the signup form. The
effective date of the
agreement is the date
your listing is accepted
by Insurance Claim
Contractor Group LLC as
indicated by you listing
becoming “LIVE” on the
directory.
1. Service
Insurance-claim-contractor.com
provides internet
marketing and
advertising to
businesses through a
directory listing on the
site.
2. Payments
Customers will pay
Insurance Claim
Contractor Group LLC on
an annual basis
utilizing electronic
payment through a secure
server. Payment for the
first year of service is
due upon the
implementation of the
online signup process.
In the event that the
electronic payment is
charged back to
Insurance Claim
Contractor Group LLC,
the Customer will be
billed a $25 return fee
to the Customers account
electronically.
In the event that
Insurance Claim
Contractor Group LLC
does not receive
payments owed by the
Customer, within thirty
(30) days of
implementation, it is
the exclusive discretion
of Insurance Claim
Contractor Group LLC to
delay or terminate the
service.
3. Disclaimer;
Limitation on Liability
In no event shall
Insurance Claim
Contractor Group LLC be
liable to any Customer
or third party user on
the account for any
claims or damages from
the use of or inability
to access site
information. Customers
accept that Insurance
Claim Contractor Group
LLC’s liability is
exclusively limited to
the amounts paid to and
received by Insurance
Claim Contractor Group
LLC, for the directory
listing provided under
this agreement.
Customers waive all
rights of recovery for
damages whether actual,
special, punitive or
consequential, that
customers may accrue
over and above said
amounts, including
without limitation,
damages for lost
profits, income or any
other claims of third
parties whatsoever with
respect to the listing(s).
Some states do not allow
the exclusion or
limitation of liability
of consequential or
incidental damages, so
the above exclusions may
not apply to all
customers; in such
states liability is
limited to the fullest
extent permitted by the
law.
Customer shall not use
the Site (including the
Service and the Listing)
(a) for any illegal
purpose, (b) to transmit
any illegal, harmful,
threatening, defamatory,
scandalous, obscene,
sexually explicit or
graphic, hateful or
other objectionable or
legally actionable
material of any kind
(including private
information about a
person without that
person’s consent), (c)
to infringe, interfere
with, abuse or otherwise
violate the legal rights
of any third party, (d)
to send spam, flame or,
introduce any trojan
horses or viruses, or
(e) for telemarketing,
direct marketing, or
other similar
activities.
Listings are accepted
upon the representation
that Customer has the
right to publish the
contents of the Listing
without infringement of
any rights of any third
party. Customer agrees
to indemnify and hold
Insurance Claim
Contractor Group LLC
harmless against any and
all expenses and losses
of any kind (including
reasonable attorneys'
fees and costs) incurred
by Insurance Claim
Contractor Group LLC in
connection with any
claims of any kind
arising out of
publication of the
Listing (including,
without limitation, any
claim of trademark or
copyright infringement,
libel, defamation,
breach of
confidentiality, false
or deceptive advertising
or sales practices)
and/or any material of
Customer to which users
can link through the
advertisement. Without
limiting the foregoing,
Customer agrees to
notify Insurance Claim
Contractor Group LLC in
writing immediately in
the event that any
warranties and
representations
contained in this
Agreement are no longer
true.
4. Responsibilities of
User.
Customer is solely
responsible for (a)
ensuring that the
Listing does not contain
any data or information
which violates any law
or regulation; (b) any
content provided by or
for Customer to
Insurance Claim
Contractor Group LLC,
including, but not
limited to, the accuracy
and availability of the
Listing; (e) providing
assistance to those who
access the Listing; and
(f) following the terms
of use posted on the
Site that are hereby
incorporated by
reference into this
Agreement, as they may
be changed from time to
time by Insurance Claim
Contractor Group LLC in
its sole discretion. .
5. Property Rights.
Insurance Claim
Contractor Group LLC
owns all right, title
and interest in and to
(a) Insurance Claim
Contractor Group LLC’s
trade names, service
marks, inventions,
copyrights, trade
secrets, patents, and
know-how relating to the
design, function, or
operation of the Service
or the Site and of the
hardware and software
systems and resources
necessary to provide the
individual elements of
which they consist.
Customer is expressly
prohibited from
reproducing,
distributing,
republishing or
retransmitting any
materials posted at the
Site or stored on
insurance-claim-contractor.com’s
servers, including all
graphic designs, style
templates, icons, HTML
code and other graphic
elements without
Insurance Claim
Contractor Group LLC’s
prior written consent.
This Agreement does not
constitute a license to
use Insurance Claim
Contractor Group LLC’s
trade names or marks.
Any such license, if
granted, must be the
subject of a separate
written agreement.
6. Term; Termination.
The term of this
Agreement will begin
when Insurance Claim
Contractor Group LLC
accepts Customer’s
Listing and will end
upon the earlier of the
Listing expiration date
or when otherwise
terminated hereunder.
This Agreement may be
terminated by the
parties as follows: (a)
Customer may terminate
this Agreement within
the first thirty (30)
days of this Agreement
with or without cause by
providing thirty (30)
days written notice of
termination. (b)
InsuranceClaimContractor.com may
terminate this Agreement
with or without cause by
providing thirty (30)
days written notice of
termination. (c) Unless
otherwise provided for
in this Agreement,
InsuranceClaimContractor.com may
terminate this Agreement
immediately if, based on
Insurance Claim
Contractor Group LLC’s
sole judgment, it
determines that Customer
has breached this
Agreement. Insurance
Claim Contractor Group
LLC’s failure to enforce
performance of any
provision in this
Agreement will not
constitute a waiver of
Insurance Claim
Contractor Group LLC’s
right to subsequently
enforce such provision
or any other provision
of this Agreement. In
the event either party
terminates this
Agreement,(i) Customer
shall pay Insurance
Claim Contractor Group
LLC all fees outstanding
as of the date of such
termination (ii)
Insurance Claim
Contractor Group LLC
may, in its discretion,
make or maintain, copies
of Customer’s data files
and records for archival
purposes only and (iii)
the following provisions
shall survive in
accordance with their
terms: 4, 5, 7, and 8.
7. Miscellaneous.
This Agreement (i) shall
be governed by and
construed in accordance
with the laws of the
State of Connecticut,
without giving effect to
principles of conflicts
of law, (ii) may be
amended by Insurance
Claim Contractor Group
LLC upon ten (10) days
written notice to
Customer and may not
otherwise be amended
except by written
agreement executed by
both parties; (iii)
constitute the complete
and entire expression of
the agreement between
the parties, and shall
supersede any and all
other agreements,
whether written or oral,
between the parties; and
(iv) may not be assigned
or transferred by
Customer without
Insurance Claim
Contractor Group LLC’s
prior written consent.
8. Severability.
The provisions of this
Agreement shall be valid
and enforceable to the
fullest extent permitted
by law. If any provision
of this Agreement is
invalid or
unenforceable, the
remainder of this
Agreement, shall not be
affected by such
invalidity or
unenforceability, unless
such provision or the
application of such
provision is essential
to the Agreement. |
