Terms of Use
Our Terms of Use are designed to make sure everything on our
website straightforward and accurate. It's a legally binding
agreement between you, our customer, and Acceptance, your insurance
provider.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE
SERVICES (THE "SERVICES") FROM ACCEPTANCE INSURANCE. BY USING THE
SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO
THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.
- General. The Services include all means by which Acceptance
Insurance provides content to you or receives content from you,
including, without limitation, Acceptance Insurance websites,
download-able software applications, delivery of Acceptance
Insurance content to you at your request, mobile web sites, mobile
download-able applications, services that allow you to submit
content to Acceptance Insurance, blog submission services, chat
rooms and message boards. The Services are owned and operated by
Acceptance Insurance. Acceptance Insurance has the right at any
time to change or discontinue any aspect or feature of the
Services, including, without limitation, the content, hours of
availability, and equipment needed for access or use of the
Services.
- Equipment. You shall be responsible for obtaining and
maintaining all telephone, computer hardware and other equipment
needed for access to and use of the Services and all charges
related thereto.
- Restrictions on Use.
- You shall use the Services for lawful purposes only. You shall
not post or transmit through the Services any material which
violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a
criminal offense, gives rise to civil liability or otherwise
violate any law. Without Acceptance Insurance's express prior
approval, you shall not post or transmit through the Services any
material which contains advertising or any solicitation with
respect to products or services. You shall not use the Services to
advertise or perform any commercial solicitation, including,
without limitation, the solicitation of users to become subscribers
of other on-line information services competitive with the
Services. Any conduct by you that in Acceptance Insurance's
discretion restricts or inhibits any other user from using or
enjoying the Services will not be permitted.
- The Services contains copyrighted material, trademarks and
other proprietary information, including, without limitation, text,
software, images, video, graphics, music and sound, and the
contents of the Services are copyrighted under theUnited
Statescopyright laws. You may not modify, publish, transmit,
display, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in
part. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted
without the express written permission of Acceptance Insurance and
the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes
in or deletion of author attribution, trademark legend or copyright
notice shall be made and no ownership rights shall be
transferred.
- You shall not e-mail, upload, post or otherwise make available
on the Services any material protected by the copyright, trademark,
or other proprietary right without the express permission of the
owner of the copyright, trademark, or other proprietary right and
the burden of determining that any material is not protected by
copyright rests with you. You shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. Subject to
Acceptance Insurance's policies regarding privacy, any e-mails,
notes, message/billboard/forum postings, images, videos, ideas,
suggestions, concepts or other material submitted will be treated
as non-confidential and non-proprietary and will become the
property of Acceptance Insurance throughout the universe. By
submitting material to Acceptance Insurance, you automatically
grant, or warrant that the owner of such material has expressly
granted Acceptance Insurance the royalty-free, worldwide,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, display, translate, perform,
edit, transmit, reformat, sublicense and distribute such material
(in whole or in part, directly or indirectly) and/or to incorporate
it in other works in any form, media or technology now known or
hereafter developed; you waive your rights to attribution,
integrity, or moral rights in the materials in connection with
their use by Acceptance Insurance and other authorized parties; you
agree to allow use of your name and city on the Services and in
publicity or advertising without compensation; and you understand
and agree that Acceptance Insurance shall have no obligation to
copy, publish, display or otherwise exploit the materials, nor
shall they be obligated to prevent, or have any liability for, any
unauthorized copying, publishing, displaying or other exploitation
of the materials. You grant Acceptance Insurance and RSS the right
to edit, copy, display, publish and distribute any materials made
available on the Services by you.
- The foregoing provisions of Section 3 are for the benefit of
Acceptance Insurance, its subsidiaries, affiliates and its third
party content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its own
behalf.
- Disclaimer of Warranty; Limitation of Liability.
-
- YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE
RISK. NEITHER Acceptance Insurance, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION
CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE
SERVICES.
- THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF
THE SERVICES.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING,
WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE
DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT Acceptance Insurance
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL
Acceptance Insurance's TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING,
WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL
THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES
NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
- Monitoring. Acceptance Insurance shall have the right in its
sole discretion to refuse to post or remove any material submitted
to or posted on the Services. Acceptance Insurance does not have an
obligation to review posted material on the Services, and
Acceptance Insurance cannot assure that the material will either be
appropriate or appropriately expressed. Acceptance Insurance cannot
publish all material submitted to the Services. The choice of which
material is selected for the Services is at the sole discretion of
Acceptance Insurance and cannot be disputed. Without limiting the
foregoing, Acceptance Insurance shall have the right to remove any
material that Acceptance Insurance, in its sole discretion, finds
to be in violation of the provisions hereof or otherwise
objectionable.
- Indemnification. You agree to defend, indemnify and hold
harmless Acceptance Insurance and its suppliers, licensors and
affiliated companies and their respective directors, officers,
employees, contractors and agents from and against any and all
claims, actions, demands, damages, costs, liabilities, losses and
expenses (including reasonable attorneys' fees and costs) arising
out, relating to or in connection with (a) your use of the
Services, (b) the content of any materials you submit, (c) any
violation of any law or regulation by you, and (d) this
agreement.
- Trademarks. The Acceptance Insurance logo, all other service
marks and tradenames, slogans, and the names of various products
and services described within are service marks of First Acceptance
Corporation or its affiliates, all rights reserved.
- Third Party Content. Acceptance Insurance is not a publisher of
content supplied by third parties and users of the Services.
Accordingly, Acceptance Insurance has no more editorial control
over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers, or
other information or content expressed or made available by third
parties, including information providers and users, are those of
the respective author(s) or distributor(s) and not of Acceptance
Insurance. In many instances, the content available through the
Services represents the opinions and judgments of the respective
information provider or user. Acceptance Insurance neither endorses
nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on the Services by anyone other than
authorized Acceptance Insurance employee spokespersons while acting
in their official capacities.
- Viruses. Acceptance Insurance also assumes no responsibility,
and shall not be liable for, any damages to, or viruses that may
infect, your computer equipment or other property on account of
your access to, use of, or browsing in the Services or your
downloading of any materials, data, text, images, video, or audio
from the Services.
- Export Control. Software and other materials from the Services
may also be subject to United States Export Control. The United
States Export Control laws prohibit the export of certain technical
data and software to certain territories. No software from the
Services may be downloaded or exported (1) into (or to a national
or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other
country to which the United States has embargoed goods; or (2)
anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. Acceptance Insurance does not authorize the
downloading or exportation of any software or technical data from
the Services to any jurisdiction prohibited by the United States
Export Laws.
- Business Associates. The business associates of Acceptance
Insurance identified on the Services are independent contractors of
Acceptance Insurance. The business associates are not joint
venturers or partners of Acceptance Insurance. No employee or
representative of the business associates is under the control of
Acceptance Insurance.
- Changed Terms. Acceptance Insurance has the right at any time
to change or modify the terms and conditions applicable to use of
the Services, or any part thereof, or to impose new conditions,
including, without limitation, adding fees and charges for use.
Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by
any means including, without limitation, posting on the Services,
or by electronic or conventional mail, or by any other means. Any
use of the Services by you after such notice shall be deemed to
constitute acceptance of such changes, modifications, additions or
deletions.
- Miscellaneous. These terms of use constitute the entire
agreement of the parties with respect to the subject matter hereof
and supersede all previous written or oral agreements between the
parties with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of the State
ofTexaswithout regard to its conflicts of law principles. All
disputes under this Agreement shall be resolved by the State Courts
of Dallas County in the State ofTexasor in theUnited StatesDistrict
Court for the Northern District of Texas, and each party consents
to the exclusive jurisdiction of such courts and hereby waives any
jurisdictional or venue defenses otherwise available to it. No
waiver by Acceptance Insurance of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
- Links. The Services incorporate links to other Web sites.
Acceptance Insurance does not in any way endorse, nor is it
responsible for, the content on those other Web sites.
- Copyrights and Copyright Agent. If you believe that your
copyrighted work has been copied in a way that constitutes
copyright infringement, please provide Acceptance Insurance's
Copyright Agent the following information in writing, as required
by the Digital Millennium Copyright Act, 17 U.S.C. 512
("DMCA"):
-
- A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
- Identification of the copyright work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of
such works at that site;
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit Acceptance Insurance to locate the
material;
- Information reasonably sufficient to permit Acceptance
Insurance to contact you;
- A statement that you have a good-faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
- A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
Our agent for notice of claims of copyright infringement on the
Services can be reached as follows:
Acceptance Insurance
3813 Green Hills Village Drive
Nashville, TN 37215
Attn: Compliance Department
Email: compliancedept@facins.com
This contact information is only for reporting copyright
infringement. Contact information for other matters is provided
elsewhere on this site.