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These terms and conditions represent the agreement between you (the person accessing or using the Site, defined below, “you”, “your”, or “yours”) and Total CSR (“Company”, “we”, “us”, or “our”). The following provisions, combined with any specific documentation they explicitly include by reference (collectively, the “Terms”), govern your access and use of www.totalcsr.com, which includes any information, functions, and solutions provided on or via such domain (the “Site”), regardless of whether as a visitor or an authorized member.
Kindly review the Terms meticulously before you commence to use the Site. By using the Site, you acknowledge and agree to be bound by and adhere to these Terms. Should you not choose to accept these Terms, you should not access or use the Site.
Modifications to the Terms
We reserve the right at any time to update, change and modify the Terms in our sole discretion. Your continuous use of the Site following the publication of amended Terms signifies that you acknowledge and accept the Terms as revised. We reserve the right to modify the material on this Site at any time in our sole discretion.
Surfing the Site and Account Protection
We reserve the right to retract or modify this Site, and any specific product or component we offer on the Site, in our sole discretion without notice. We will not be responsible in case all or any specific section of the Site breaks down anytime or for virtually any time frame.
You will be responsible for:
Meeting all the requirements for you to access the Site;
Ensuring that each individual who gains access to the Site via your broadband link knows about the Terms and adhere to them; and
To gain access to the Site or the services or products it provides, you may be requested to supply specific enrollment information or additional details. You should handle these details confidentially, and you should not divulge it to any individual or organization.
Intellectual Property Rights
As between you and the Company, the Company owns or licenses the Site and all materials, data, content, software and software concepts, documentation, attributes, and functions (including but not limited to all specifics, application, content, presentations, pictures, visuals, and sound, and the layout, assortment, and structure thereof), and other material on, or made available through, the Site. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms. You should not:
Modify, adapt or hack into any components of this Site;
Utilize any specific pictures, graphics, visuals or sound sequences, or any artwork independently from the associated content from this Site; or
Remove or modify the copyright, tradename, or additional exclusive rights by creating duplicates of components from this Site.
The tradename, copyrights, graphics, and all relevant labels, trademarks, product and service domains, layouts, and slogans are trademarks of the Company or its licensors. You may not copy these materials without prior written consent of the Company.
You must use the Site only for legitimate reasons, in accordance with the Terms. You agree not to use the Site:
By any means that violates relevant national, state, regional, or global regulation or law (which includes, without restriction, any specific legal guidelines concerning the export of information or application to and from the US or other nations);
To exploit, damage, manipulate or convince minors by any means and expose them to unacceptable information, or request individually identifiable information;
To deliver, willfully obtain, post, acquire, utilize, or re-use any specific element which does not adhere to the section on information specifications below in the Terms (collectively the “Information Specifications”); or
To transfer or transmit any marketing or promo components, which include any kind of “junk mail”, “spam”, or some other comparable solicitation.
Furthermore, you agree not to:
Utilize the Site in any way that might turn off, overburden, deteriorate, or damage the Site or interrupt another user’s utilization of the Site, which includes their potential to participate in real-time actions via the Site;
Utilize any software, spider, or additional automated machine, procedure, or way to gain access to the Site for any objective, which includes tracking or duplicating any of the elements on the Site; or
Utilize any kind of machine, application, or program that interferes with the adequate functioning of the Site.
Use of any Company product is strictly limited to actively operating licensed insurance agencies and/or brokerages. Outsourcing or other insurance technology companies and any affiliated services require written approval to use or purchase the product.
Agencies or brokerages with two or more offices must purchase an “Enterprise Package” from the Company based upon on a per office charge. Failure to do so or sharing of licenses between offices will result in immediate termination of product license and subscription.
Agencies grouped in clusters, networks, alliances, or aggregators, or anything similarly defined must subscribe on a per office basis or purchase an “Enterprise Package” based upon a per office charge. Failure to do so or sharing of licenses between offices will result in immediate termination of product license and subscription.
The Site may include discussion boards, newsrooms, individual webpages or profiles, boards, press release coverings, as well as other engaging attributes that enable users to submit, publish, distribute, exhibit, or send out to other users or other persons information or components on or via the Site (“User Contributions”).
You represent and warrant that you own or otherwise have the right in and to the User Contributions and have the authority to make this representations and warranties to us and all of the User Contributions do and will adhere to these Terms.
Tracking and Enforcement; Cancellation
We have the right to:
Eliminate or decline to submit any User Contributions for any or absolutely no reason in our sole discretion, including but not limited to where User Contribution violates the Terms, the Information Specifications, infringes any intellectual property right or other rights of any party, threatens the individual protection of members of the Site or the community, or might otherwise make Company liable; and
Disclose your identification or additional information about you to any third party who declares that User Contribution submitted by you violate their rights, such as their intellectual property rights or their right to privacy.
The Information Specifications relate to all of the consumer efforts and utilization of engaging solutions. Consumer efforts should in their entireness adhere to all relevant national, state, regional, and worldwide law and/or polices. Without limiting the foregoing, User Contributions may not:
Include any material which is defamatory, obscene, inappropriate, hazardous, distasteful, disturbing, hostile, hateful or inflammatory;
Advertise sexually explicit or pornographic materials, aggression, or discrimination;
Infringe any patent, tradename, industry secret, copyright, or other intellectual property or additional right of any individual or entity;
Advertise any unlawful action, or encourage, publicize, or support any unlawful act; or
Trigger aggravation, hassle, or harass any individual or entity.
If you believe that any User Contributions or any other content or postings on this Site breach your copyright or other rights, kindly send us a notification of such alleged copyright infringement in conformity with the policies listed in the Terms. It is our policy to terminate the consumer accounts of recurring infringers.
Linking to the Site
You may link to our Site, provided you do so in a manner which is verified and lawful and will not deteriorate our credibility; provided, however you may not to develop a hyperlink in such a manner as to recommend any kind of connection, authorization, or agreement on our part.
Disclaimer of Warranties
We are not responsible for, expressly disclaim, and do not guarantee the accuracy or completeness of the Site or links or other items contained within the Site. The Site and materials on, in, and made available through the Site, and the services, products, information and other materials on and in and made available through the Site are made available on an “as is” and “where available” basis. Use of the Site is entirely at your own risk. We make no representations or warranties and disclaim all representations and warranties, with respect to the Site, the services, products, information and other materials on, in, and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
You understand that we are unable to, expressly disclaim, and will not guarantee or affirm that the Site will be without worms or harmful code. You will be responsible for employing adequate methods and checkpoints to satisfy your specific needs for anti-virus defense and precision of information input and output, as well as, for sustaining a way independent of our Site for any reconstruction of the misplaced information. To the maximum degree allowed by law, we are not responsible for any specific damage or deterioration because of a distributed denial-of-service approach, worms, or additional technically hazardous substance that could invade your system, machine, applications, information, or additional exclusive component as a result of the utilization of the Site or any specific solutions or goods received via the Site or to your downloading of the components uploaded on it, or on any specific site associated with it.
The utilization of the Site, the information, and any specific solutions or products received via the Site is at your own personal risk.
Limitation on Liability
Company and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues, lost profits, and attorneys’ fees which may or do result from the use of, access to, or inability to use the Site, the Site materials, user materials, the services, products, information and other materials on, in, and made available through the Site, regardless of legal theory, whether you have been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail in their essential purpose. Under no circumstances will the total liability of Company and its affiliates, subsidiaries, or its licensors to you or any other person or entity in connection with the Site, or materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site.
Waiver and Severability
The waiver or failure of Company to exercise any right provided for in these Terms will not be deemed a waiver of any further right hereunder. The rights and remedies of the Company set forth in this Terms are in addition to any rights or remedies the Company may otherwise have at law or equity.
Any dispute arising out of or related to these Terms, including any question regarding its existence, validity, or termination, as well as any challenge to the tribunal’s jurisdiction, shall be finally settled in accordance with the arbitration rules of JAMS then in force. The arbitration shall take place in Orange County, California. By accessing, viewing and using the Site, you consent and agree to (i) the law of the State of California, excluding that body of law known as conflicts of laws, shall be the applicable substantive law, and (ii) the applicable procedural law shall be the law of the place of arbitration. The arbitrators will decide in accordance with the terms of these Terms. The award of the arbitrators will be final and binding upon the parties. Judgment upon the award may be entered in any court having jurisdiction. An application may be made to any such court for judicial acceptance of the award and an order of enforcement.
For Job Applicants
You are not being offered employment at the Company when applying for a job using our services. Submitting your application does not guarantee employment with the customers who use our Site. All job applicants agree to the certification of accuracy below when submitting an application. The Company is an equal opportunity provider and does not discriminate against anyone on the basis of a person’s status of a member of a legally protected class.
Certification of Accuracy
By submitting an application via our Site, you certify that all information provided as part of your application for employment, including resume, information provided during any interview and any other part of the hiring process is (and will be) true, accurate and complete. Any misleading information, misrepresentation, false statement, or omission may result in disqualification from further consideration for employment and/or your termination from employment, as the employer in question sees fit.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
1 Year (12 Months) contract. Contract will be automatically renewed each year unless cancelled by contacting Total CSR, Inc. in writing 30 days prior to renewal date.
The Terms constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.