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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.
Trademarks
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.
Prohibited Uses
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.
User Contributions
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.
Information Specifications
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;
Be fraudulent;
Advertise any unlawful action, or
encourage, publicize, or support any unlawful act; or
Trigger aggravation, hassle, or harass
any individual or entity.
Copyright Infringement
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.
Privacy Policy
You understand that by using the Site and
any services or products offered through the Site, you consent to the
collection, use, storage, and disclosure of your information as set forth in
these Terms and our Privacy Policy (https://www.totalcsr.com/privacy-policy/).
Arbitration
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).
Term Length
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.
Entire Agreement
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.
Copyright © 2022 | All Rights Reserved | Total CSR, Inc.
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