Legal

Insurance Marketing & Communications Association ("IMCA")SM

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this web site and do not alter in any way the terms or conditions of any other agreement you may have with IMCA for products, services or otherwise.

CONSENT TO TRANSFER, PROCESS AND COLLECT PERSONAL DATA

Use of this web site may result in personal data about you being transferred to, processed or collected by IMCA or otherwise being transferred to countries lacking adequate privacy protection. Such transfers may include personal data you directly provide, such as your name, or personal data automatically collected or processed, such as your return email address, as part of the operation of this web site, during the course of your activities on or use of this web site. Where transfer, processing or collection of personal data results from your use of this web site, IMCA does NOT warrant or represent that you will have the ability to control or prevent the collection, processing, use or further transfer of such information. By using this web site, you expressly consent to any transfer, processing, collection or use of any personal data. You understand and agree that, with respect to personal data, you may not be able to access such information in the future; be able to correct inaccuracies, if any; erase or cause removal of such information; block collection or transfer of such information; or object to any use of such information. If you do not agree and consent to any transfer, processing, collection or use of such information, please discontinue your access to or use of this web site. Unless otherwise expressly provided on this web site, IMCA makes no representation regarding the transfer, processing, collection or use of any personal data. In no event shall IMCA be liable to you or others for any damages resulting from any transfer, processing, collection or use of personal data resulting from your use of this web site.

COPYRIGHT

All web site design, text, graphics, the selection and arrangement thereof, are owned and operated by the Insurance Marketing Communications Association. Copyright © 2002-2005, Insurance Marketing Communications Association ("IMCA"). ALL RIGHTS RESERVED. Copyright in this document is owned by IMCA. Any use of materials on this web site--including reproduction for purposes of modification, distribution, or republication-- without the prior written permission of IMCA is strictly prohibited.

TRADEMARKS/SERVICE MARKS

The IMCA logo is a collective service mark of the Insurance Marketing Communications Association, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of IMCA. All other trademarks or registered trademarks are the property of their respective owners.

DISCLAIMER

Except as otherwise provided below, the materials in this site are provided by imca on an "as is" basis and without warranties and conditions of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, imca disclaims all other representations, warranties and conditions, including for example warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. In addition, imca does not represent or warrant that the functions contained in the materials accessible via this site will be accurate, complete, uninterrupted, error-free, reliable or current, or that this site or the server that makes it available are free of viruses or other harmful components. Imca does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not imca) assume the entire cost of all necessary servicing, repair or correctness. Applicable law may not allow the exclusion of implied warranties and conditions, so the above exclusion may not apply to you.

Information on this web site may contain technical inaccuracies or typographical errors. Changes are periodically added to the materials herein; these changes will be incorporated in new editions of this site. Imca may make improvements and/or changes in the product(s) and/or the program(s) described in this site at any time, including with respect to product availability.

Imca takes no responsibility for the content of any links provided through this site or for the sites of others that link to this site.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by imca.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall IMCA be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if IMCA or an IMCA authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall IMCA's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

CONFIDENTIAL INFORMATION

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information ("Materials"), provided by you in the form of email or submissions to IMCA, or postings on this web site, are non- confidential and shall become the sole property of IMCA. IMCA shall own exclusive rights and shall be entitled to the unrestricted use of these Materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. IMCA shall not be liable for any use or disclosure such Materials.

HYPERLINKS

You are granted a limited, non-exclusive right to create a hypertext link to this web site found at www.imcanet.com provided such link does not portray IMCA or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any IMCA trademark, service mark, logo or other proprietary information, including the images found at this web site, the content of any text or the layout/design of any page or form contained on a page without IMCA's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, service mark, copyright, or proprietary right of IMCA or any third party.

IMCA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this web site, or web sites linking to this web site.

APPLICABLE LAW

This site is controlled and operated by IMCA from within the State of Washington, United States of America. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within such state, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in a court of competent jurisdiction located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all IMCA site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. Notwithstanding any of these terms and conditions, IMCA reserves the right, without notice and in its sole discretion, to terminate your license to use this web site, and to block or prevent future access to and use of this web site. Upon termination, you must destroy all materials obtained from this site and any and all other IMCA site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. Termination of this agreement shall have no effect on any other agreement between you and IMCA.

FORUMS & POSTS

"Forum" means letters, e-mails or other types of communications to the editors, Webmaster(s) or employees of the IMCA, and messages posted in connection with online discussions on the Web site. The IMCA welcomes comments from insurance professionals and members of the public relative to the industry. However, as we are a specialized website and organization, please limit your postings to matters concerning the insurance industry, marketing, communications or to significant events affecting it. Personal (ad hominem) attacks, social diatribes and political statements (unless they pertain to insurance marketing and communications) are an improper use of the forum.

You will not upload to, distribute through, or otherwise publish through a Forum on the Web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

The Forums will be used only in a noncommercial manner. You will not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

Subject to the terms of the IMCA privacy policy, in general, we will not monitor or edit the contents of Forum materials unless required in the course of normal maintenance of the Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Insurance Journal; (2) protect and defend the legitimate business interests, rights or property of the IMCA, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users will remain solely responsible for the content of their communications. The IMCA has the right but not the obligation to monitor and edit or remove any Forum communications and content.

OTHER

This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed several from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

For further information on Intellectual Property matters contact IMCA's Executive Director.

Our Address: www.imcanet.com

Copyright © 2002-2005
Insurance Marketing Communications Association
All rights reserved.