The web site http://www.asperains.com/ (the “Web site”) is owned and operated by Aspera Insurance Services, Inc. (“Aspera,” “we,” “us,” or “our”). This page sets forth the terms and conditions under which you may use the Web site (the “Agreement”). Please read this Agreement carefully. Your use of the Web site constitutes your acceptance of the following terms and conditions without limitation or qualification. If you do not accept this Agreement, please do not use this Web site.
This Agreement may be changed, modified, supplemented, or updated at any time, with or without advance notice. It is your responsibility to visit this page periodically to review the most current terms and conditions. Your use of the Web site after any such change, modification, supplementation, or update constitutes your acceptance thereof.
The information contained on this Web site is not an offer to sell or a solicitation of an offer to buy any security, insurance product, or other product or service offered by Aspera.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIAL (DEFINED BELOW) AND SOFTWARE ON THIS WEB SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. ASPERA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
Aspera does not warrant that: (1) the Web site will operate uninterrupted or error-free; (2) any defects in the Web site will be corrected; (3) the Web site or the server that makes it available are free of viruses or other harmful components; (4) the quality of products, services, information, or other material that you obtain through the Web site will meet your expectations or business requirements; or (5) the Web site will operate in perpetuity. Aspera uses reasonable efforts to include accurate and up-to-date information on this Web site but does not make any representations or warranties regarding the correctness, completeness, accuracy, reliability, timeliness of any Material on this Web site or its suitability for your purposes.
All information on this Web site is for general informational purposes only, and is not offered as legal, accounting, or other professional advice.
The descriptions of Aspera products and services on this Web site, including any sample forms or wordings, are not intended to be complete descriptions of all applicable terms, exclusions, and conditions and are provided for general informational purposes only. Any statement regarding insurance coverage is subject in all respects to the specific terms and conditions of the actual applicable policy or product or service agreement.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you if you are a resident of any such state. You may also have other legal rights that vary from state to state.
COMPLIANCE WITH LAWS
When you use this Web site, you are responsible for complying with local laws. Aspera makes no representation that the materials on this Web site are available for use in any location. Due to various insurance and other regulatory restrictions, certain products and services described on this Web site may not be available in or suitable for all jurisdictions. Further, we make no representation that materials on this Web site are appropriate for use outside the United States, or that access to this Web site’s content is legal in any other jurisdiction. You may not use this Web site or download or export its Material in violation of the export laws and regulations of the United States or any other jurisdiction. You may contact our authorized producers to find out which products and services are available in your jurisdiction.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Aspera will not, under any circumstances, be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, whether based on warranty, contract, tort, or any other legal theory, which result from the use of, or the inability to use, the Material on this Web site, regardless of whether Aspera has been advised of the possibility of such damages. Aspera assumes no responsibility, and shall not be liable for, any damage to your computer equipment or other property that results from your accessing or using this Web site or your downloading of any materials, data, text, images, video or audio from this Web site. Aspera may, in its sole discretion, modify or discontinue any of the Material on the Site at any time, without notice to you. Aspera is not liable to you or any third party for the effects of any such modification or discontinuance. Some states do not allow the limitation of liability stated herein, so the foregoing may not apply to you.
You agree to indemnify, defend, and hold harmless Aspera from and against any and all losses, liabilities, expenses, damages, and costs (including reasonable attorneys’ fees and court costs) arising or resulting from your use of this Web site or any violation of this Agreement. If you cause a technical disruption to the Web site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs (including reasonable attorneys’ fees and court costs) arising or resulting from that disruption. Aspera reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Aspera in the defense of such matter.
This Web site may contain hyperlinks to third-party websites that are not owned or maintained by Aspera. When you visit these third-party websites, you do so at your own risk and become subject to the terms and conditions and privacy policies of those websites. Aspera is not responsible for the content or privacy practices of such websites. Links to third-party websites are provided solely for your convenience and do not imply Aspera’s approval or endorsement of such sites or their content. Aspera is not liable for any damages that may result from your use of or reliance on any information, products, advertisements, content, services, or software available on third-party websites or any action you may take as a result of linking to any such website.
Aspera invites you to submit to Aspera via the Web site data, questions, comments, suggestions, ideas, concepts, know-how, or techniques (collectively, “User Content”). Any User Content that you submit via this Web site are deemed property of Aspera and will not be treated as confidential or proprietary. Aspera may use User Content for any purpose whatsoever, including but not limited to developing and marketing products using such information. We may also reproduce, disclose, transmit, publish, broadcast, post, modify, perform, display, or make derivative works of any User Content without permission from or compensation to you. We reserve the right to edit, remove, or refuse to post any materials or information, in whole or in part, at our sole discretion.
If you believe your copyrighted work has been submitted to Aspera in a way that constitutes copyright infringement, please provide our designated copyright agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. Our designated copyright agent for notice of claims of copyright infringement can be reached as follows:
Aspera Insurance Services, Inc.
Attn: Regulatory Compliance
P.O. Box 17008
Richmond, VA 23226
COMMUNICATIONS WITH YOU
When you provide your contact information to us via the Web site, you consent to receive electronic communications from us. We may communicate with you via e-mail or by sending messages to your online account. You acknowledge that electronic communications may not be encrypted and there is a risk that data, including but not limited to e-mail and personal data, may be accessed by unauthorized third parties. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you do not wish to be contacted electronically, you may revoke your consent by emailing us at firstname.lastname@example.org.
Except where otherwise indicated, Aspera owns all information, text, data, databases, graphics, images, icons, sound recordings, audio and visual clips, articles, logos, literature, software and other content on the Web site, and the collection, design, selection, and arrangement thereof (collectively, the “Material”). The Material is protected by copyright law. Accordingly, you may not copy, reproduce, publish, upload, transmit, post, modify, distribute, publicly display, make derivative works of, or otherwise commercially exploit the Material without express written permission from Aspera. Notwithstanding the foregoing, Aspera hereby grants you a limited, non-exclusive, revocable, non-assignable, non-sublicensable license to view and download a single copy of the Material for your personal, non-commercial use only. All other uses are strictly prohibited. This license does not give you any ownership interest in any Material. You must ensure that all copyright and other proprietary notices appear on your copy in the same manner as in the original.
All trademarks, service marks, trade names, and logos (collectively, the “Trademarks”) are owned by or licensed to Aspera. You may not use the Trademarks without express written permission from Aspera or the Trademark licensor.
All software accessible to you through this Web site is owned by or licensed to Aspera and is protected by U.S. intellectual property laws and/or international treaties. You may only use this software for its intended functions on this Web site. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, or reverse engineer or otherwise attempt to discover the source code of this software.
The following is a partial list of activities that are illegal or prohibited in connection with the Web site. Prohibited activity includes, but is not limited to:
- using the Web site for unlawful, unauthorized, fraudulent, or malicious purposes;
- using the Web site in a manner that could damage, disable, overburden, or impair any server, or any network connected to a server;
- interfering with another person’s use and enjoyment of the Web site;
- using data mining, robots, or similar data gathering and extraction tools with respect to any portion of the Web site;
- gaining unauthorized access to accounts, computer systems, or networks connected to any server or systems; and
- accessing Material, systems, data, or information not intended by Aspera to be accessible to you or through any means not intentionally made available by Aspera.
Additionally, you agree not to do the following when you submit User Content or otherwise use the Web site:
- upload or transmit any material that is unlawful, harmful, threatening, abusive, hateful, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another person’s rights of privacy or publicity;
- create a false identity for the purpose of misleading others or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload or transmit any content that you do not have a right to use, reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) or otherwise;
- upload or introduce files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer or other property;
- upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, commercial or otherwise;
- upload or transmit material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary right or the privacy or publicity rights of any other person or entity;
- upload or transmit sexually-explicit images;
- impersonate another person or entity; or
- harvest or otherwise collect information about others, including e-mail addresses.
Aspera reserves the right to investigate and take appropriate action, including but not limited to reporting such violations to law enforcement authorities or suspending or terminating the account of anyone who, in Aspera’s sole discretion, violates this section of the Agreement.
WEB SITE ACCOUNTS
You must create an account that is accessible with an authorized username and password in order to access certain portions of the Web site. You are responsible for maintaining the confidentiality of your username and password. In no event will Aspera be liable for unauthorized use or misuse of your username or password. You authorize Aspera to process any and all account transactions initiated through your account.
- to provide true, accurate, current, and complete information about yourself when securing an account;
- not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from us for any purpose;
- not to share your username and password with any other person;
- that you are solely responsible for all activities, charges, damages, or liabilities made or incurred through the use of your username and password. If you do share your account information with anyone, we will consider his or her activities authorized by you;
- to exit completely from your account at the end of each online session;
- to immediately notify Aspera of any unauthorized use of your account or any other breach of security of which you become aware; and
- not to use anyone else’s account without permission.
Aspera is not liable for any losses that you may incur as a result of any unauthorized use of your account. However, you could be held liable for losses incurred by Aspera or another party resulting from someone else’s use of your account.
Portions of the Web site that are password-protected may contain information designated proprietary or confidential by Aspera (the “Confidential Information”). You agree to keep this information confidential (including but not limited to disclosing it to other employees within your company solely on a “need to know” basis) and to use it solely for the purpose of conducting business with Aspera. You further agree not to alter, decompile, disassemble, reverse engineer, or otherwise modify any Confidential Information. Any employees to whom you disclose Confidential Information must be instructed and agree not to disclose the Confidential Information and not to use it for any purpose not permitted by this Agreement.
Aspera reserves the right to terminate your account, if any, and prevent you from accessing the Web site at any time and for any reason, including but not limited to your violation of this Agreement or the law.
The violation of any of the terms and conditions set forth in this Agreement shall result in the immediate termination of your right and license to use the Material and obligates you to immediately destroy any copies of the Material in your possession.
FORWARD LOOKING STATEMENTS
This Web site may from time to time contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 (U.S.), which provides a statutory “safe harbor” for forward-looking statements. Any written or oral statements made by or on behalf of Aspera reflect current views with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement.
The laws of the Commonwealth of Virginia will govern any disputes of any kind arising out of this Agreement or your use of the Web site, without regard to Virginia’s conflict of laws principles. You agree to submit to personal jurisdiction and exclusive venue in the state and federal courts located in the Commonwealth of Virginia.
You agree that if any part of this Agreement is found to be illegal, invalid, or unenforceable, that provision will be stricken and remainder of the Agreement will remain in full force and effect.
Aspera’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Aspera. Aspera may assign its rights and obligations under this Agreement to any party at any time, without notice to you.
Except as expressly provided elsewhere on the Web site, this Agreement constitutes the entire agreement between you and Aspera with respect to your use of the Web site.
Effective: January 27, 2015