Terms of Use
PLEASE READ THESE TERMS OF USE ("TERMS" OR "TERMS
OF USE") CAREFULLY BEFORE USING ANY WEBSITE ON WHICH THESE TERMS
ARE POSTED ("SITE(S)"). BY USING ONE OR MORE OF THESE SITES,
YOU AGREE TO BE BOUND BY THESE
TERMS, AS SUPPLEMENTED OR MODIFIED BY “SUPPLEMENTAL TERMS OF
USE” AND OTHER SITE SPECIFIC
TERMS THAT ARE POSTED ON A PARTICULAR
SITE OR SPECIFICALLY AGREED TO IN A SEPARATE DOCUMENT BY THE SITE
OPERATOR.
1. Parties. Insurance Systems,
Inc. ("Operator" or "ISI"), is the commercial
operator of these Sites, although
software, hosting and other functions
and content may be provided by Operator's service providers ("Service
Providers"), other companies affiliated with Operator ("Affiliates"),
or merely in a business relationship
with Operator ("Business
Partners”). Operator's Service Providers, Affiliates and Business
Partners are intended third-party
beneficiaries of these Terms
of Use. This Site is not directed to or intended for individuals
under
18 years of age.
2. Changes in
Terms. Operator may change these
Terms from time to time, with
notice given to those completing a registration
process ("Registered Users").
Your continued use of the Sites
after any changes constitutes
your acceptance of the new Terms. If you do not agree to abide by
these
or any future Terms, do not use
the Sites and do not download
materials from them.
3. Changes in Site(s). Operator may terminate,
remove, modify,
change, suspend or discontinue
any aspect of the Sites, including
the availability of any features
or content, which it controls. Service
Providers, Affiliates and Business
Partners may also terminate,
remove, modify, change, suspend
or discontinue any aspect of the Sites, including
the availability of any features
or content, which they control.
Operator may impose limits on
certain features and services,
or terminate or restrict your
access to part or all of any of the Sites without
liability, provided that Registered
Users will receive notice. Operator may also without liability:
(a) remove, modify or otherwise
change any user’s Site access for material breach of this Agreement;
(b) supplement or make changes
to its user access or security
procedures with notice to Registered
Users; and
(c) change the type or location
of Operator equipment, facilities
or software used by it in providing
access provided that no such
action shall have the effect
of amending or otherwise affecting the parties’ respective
obligations under any contract with Operator or its Affiliates. All
obligations
created before termination shall
survive termination.
4. Privacy Policy. Operator's Privacy Policy,
incorporated
by this reference, describes
the type of information Operator
and its Business Partners, Service
Providers and Affiliates collect
when you visit the Sites and
how they use that information. Please
see our Privacy Policy for more
information.
5. Proprietary Rights.
Unless Operator or one of its
Service Providers, Affiliates
or Business Partners specifically agrees
otherwise, the following terms
apply
to all activity on the Sites.
(a) Confidentiality. The following restrictions
apply to use of material on the
Sites: (i) if any information
is marked "Proprietary" or "Confidential" or
words of like import, you will hold such information in confidence, use it exclusively
in connection with the activities for which you are authorized on the Sites,
and not publish or otherwise disclose it to others; (ii) if any information contains
restrictions on use or disclosure, you will comply with the restrictions; and
(iii) you will keep all restrictive language intact in all copies.
(b) Copyrights.
Operator and its Service Providers,
Affiliates and Business Partners
each reserve copyrights in all content that each provides to the
Sites, including
but not limited to design, text, software, technical drawings, configurations,
graphics, other files, and their coordination, selection and arrangement. You
may not prepare derivative works based upon such content, nor may such content
be modified, copied, distributed, framed, reproduced, republished, downloaded,
displayed, posted, transmitted, or sold in any form or by any means, in whole
or in part, without prior written permission of the copyright owner. No such
activity may be competitive with or derogatory to Operator, its Service Providers,
Affiliates or Business Partners. All copyright or other proprietary notices must
be kept intact. You may not distribute any of the content of any of the Sites
to any other person unless that person accepts all obligations under these Terms.
Any copyright owner consent may be revoked at any time, and such consent does
not include consent to republish Site information on any other Internet, Intranet
or Extranet site or to incorporate the information in any other database or compilation,
unless expressly given in writing. Any other use of the content of this Site
is strictly prohibited. You further agree that you will not extract, collect
or harvest, through electronic means or otherwise, any data or data fields from
this Site, including but not limited to personally identifiable information of
any other user of the Sites, or the names of customers Operator or its Affiliates,
Services Providers, or Business Partners.
(c) Trademarks. No trademark, service
mark, certification mark, collective
mark
or trade dress (collectively "Trademarks") owned by Operator, Service
Providers, Affiliates or Business Partners may be copied, imitated, or used,
in whole or in part, without prior written permission of the owner of the relevant
Trademark. All page headers, custom graphics, and button icons may be Trademarks
owned by Operator, Service Providers, Affiliates or Business Partners which may
not be copied, imitated, or used, in whole or in part, without the relevant owner’s
prior written permission. No rights to use any Trademarks are granted under these
Terms. Certain company names and products mentioned on the Sites may be claimed
as Trademarks by their respective owners, who may not be affiliated with Operator,
Service Providers, Affiliates or Business Partners.
(d) Patents. Some products
and processes used on the Sites may be covered by, or may be subject
to, one or more patents and are
subject to other trade secret and proprietary rights. Operator, Service
Providers, Affiliates and Business
Partners reserve all such rights. You agree not to infringe upon such
rights or decompile, reverse
engineer, or disassemble any of the products or processes
on the Sites.
(e) Software. Any software, including any files,
images generated by the software,
code, and data accompanying the software
(collectively, "Software"),
used or accessible through the Sites may be used by you solely for accessing
and using the Sites for purposes expressly stated on the Sites or in
an applicable written document,
provided that such uses are not competitive with or derogatory
to Operator or its Service Providers, Affiliates or Business Partners.
Operator and its Service Providers,
Affiliates and Business Partners retain full and complete
title to and all intellectual property rights they may own in the Software.
You agree not to copy, distribute,
sell, modify, decompile, reverse engineer, disassemble
or create derivative works based upon any Software.
(f) License. Except
as otherwise provided in our
Privacy Policy, in Supplemental
Terms of Use posted on a Site, or in a separate contract, you agree
that
any communications you transmit to anyone through the Site or copyrighted
works you
post on the Sites, including, without limitation, questions, comments,
suggestions, ideas, plans, notes, drawings, configurations, purchase
orders, quotes, performance
data, account information, or other material, data or information (collectively, "Information"),
need not be handled as confidential by Operator or its Service Providers,
Affiliates or Business Partners and you further agree that upon transmission
of such information
to Operator or its Service Providers, Affiliates or Business Partners
via email or other means you grant to Operator and its Service Providers,
Affiliates and
Business Partners an irrevocable, non-exclusive, royalty-free, sublicensable,
worldwide license (including but not limited to a copyright license)
to prepare derivative works, use, reproduce, display, publicly perform,
transmit and distribute
such Information and derivative works thereof for any purpose.
6. User
Conduct - Security. In using any of the Sites, you agree not
to:
(a) disrupt or interfere with
the security of, or otherwise
abuse, the Sites, or any services,
system resources, accounts, servers or networks
connected to
or accessible through the Sites or affiliated or linked websites;
(b)
disrupt or interfere with any
other user's enjoyment of the
Sites or affiliated or linked websites;
(c) upload, post, or otherwise
transmit through or on any Sites
any viruses or other harmful,
disruptive or destructive files;
(d)
use or attempt to use another's
account, service or system without
authorization from Operator or create or use a false
identity on any
Sites;
(e) transmit through or on any Sites spam, chain
letters, junk mail or any other
type of unsolicited mass email to people or
entities who have
not agreed to be
part of such mailings;
(f) attempt to obtain unauthorized access
to any Site or portions of any
Site that are restricted from
general access ( "Limited Access Areas");
(g) grant access
to or use of any Limited Access
Areas of any Sites to any third
party without Operator’s prior consent (evidenced by Operator’s
issuance of valid user name and password); or
(h) use the user name
or password of any other person
at any time.
You also agree to keep any user name and password issued to you
safe from disclosure to third parties, and to be responsible
for all actions and communications undertaken
or transmitted under your account.
7. User Conduct - Online Communities
and Other Interactive Areas. The Sites may contain areas where
you may post and share comments
with other Site users on
a variety of subjects. You agree that you will not post or otherwise
disseminate on or through any of the Sites unlawful, harassing,
libelous,
tortious, abusive,
offensive, threatening, or obscene communications or material
of any kind, or materials which infringe or violate any third
party's copyright, Trademark, trade
secret, privacy or other proprietary or property right, or that
could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable
law or regulation; or, that are otherwise objectionable, including
without limitation, content that evidences bigotry, racism, sexism,
or hatred, or that promotes or
conveys information about illegal activities or harm against
anyone.
Operator reserves the right but not the obligation to remove
any materials it deems objectionable.
You agree to hold harmless Operator and its Affiliates, Service
Providers and Business Partners from all claims based upon communications
made
or materials posted by others or the use by third parties
of any Site.
8. Termination. Registered Users agree to notify
Operator immediately when he/she
is no longer working for the
company or other legal entity under which access
to the Sites was originally granted, or when such entity no longer
consents to such access. All termination notices must be sent
to the Designated Address for
each Site to which the Registered User is registered, containing
the
following header: "NOTICE OF TERMINATION/ CHANGE OF USER STATUS".
The notice must specify the extent of and effective date of the
termination/change, the
user name of the individual who is subject to the notice, and
the Site(s) for which access is terminated. This termination/change
will not affect any obligations
or rights of the parties arising before the effective date of
termination or change. Termination will be deemed effective at
the earlier of: (a) transmission
of an Acknowledgment from Operator to the user expressly confirming
the termination; or (b) midnight on the first business day
following Operator’s
receipt of the termination notice.
9. Links and Third Party Content.
(a) Links to Other
Websites. The Sites may from
time to time contain links to
other websites or other Internet information
sources ("Third Party Sources").
These links are provided as a convenience and do not constitute
an approval, endorsement, sponsorship or recommendation by Operator
of -- or responsibility
for -- the third parties or the linked Third Party Sources or
any content, services or products available on or through such
Third Party Sources.
(b) Links from Other Websites. All links to any Site
must be
approved in writing by Operator, except that Operator consents
to links in which:
(i) the link is a text-only link containing only the name "GEPower.com" or
the URL "http//www.GEPower.com"; (ii) the link "points" only
to http://www.gepower.com and not to deeper pages; (iii) the
link, when activated by a user, displays this page full-screen in a fully
operable and navigable browser
window and not within a "frame" on the linked website; (iv) the
appearance, position, and other aspects of the link may neither create the
false appearance
that an entity or its activities or products are associated with
or sponsored by Operator or its Service Providers, Affiliates or Business
Partners nor be
such as to damage or dilute the goodwill associated with the
name and trademarks of Operator or its Service Providers, Affiliates or Business
Partners. Operator
reserves the right to revoke this consent to link at any time
in its sole discretion.
(c) Third Party Content. Any Site may contain material,
data or information provided, posted or offered by third parties,
including but not limited
to advertisements
and postings in online community discussions. You agree that
neither Operator nor its Service Providers, Affiliates nor Business
Partners shall have any liability
whatsoever to you for any such third party material, data or
information.
10. Disclaimers. Unless Operator or one of its Service
Providers, Affiliates or Business
Partners agrees otherwise in
a separate writing, the following
terms apply to all activity on the Sites.
(a) THESE SITES, THEIR
CONTENT AND THE AVAILABILITY
OF LISTED PARTS AND SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
YOU EXPRESSLY AGREE THAT USE OF ALL SITE(S) AND/OR THEIR CONTENT
IS AT YOUR SOLE RISK.
(b) TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, OPERATOR AND
ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS
PARTNERS DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF ANY SITE WILL NOT EXPAND OPERATOR’S
LIABILITY BEYOND THE LIMITS OF ANY CONTRACT UNDER WHICH ACCESS
HAS BEEN GRANTED. YOU UNDERSTAND
AND AGREE THAT OPERATOR IS NOT RESPONSIBLE FOR ANY DAMAGE TO
YOUR BUSINESS, YOUR COMPUTER SYSTEM, LOSS OF DATA OR MISDELIVERIES
THAT RESULT FROM USE OF THE SITE
OR DOWNLOAD OF ANY CONTENT, DATA AND/OR SOFTWARE FROM THE SITES.
OPERATOR ASSUMES NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY,
CURRENCY, COMPLETENESS, RELIABILITY, COMPATIBILITY OR USEFULNESS
OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE THROUGH
THE SITES. OPERATOR AND ITS SERVICE
PROVIDERS, AFFILIATES AND BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY
THAT ANY SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, WILL
BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
(c)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU THROUGH THE SITES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN AN
APPLICABLE WRITTEN
CONTRACT.
(d) THE SITES TOGETHER WITH ANY DOCUMENTS ISSUED
BY OPERATOR OR ITS SERVICE PROVIDERS,
AFFILIATES OR BUSINESS PARTNERS AND
AVAILABLE THROUGH THE
SITES MAY CONTAIN CERTAIN "FORWARD-LOOKING
STATEMENTS" WITHIN THE MEANING OF THE PRIVATE SECURITIES LITIGATION
REFORM ACT OF 1995. THESE STATEMENTS ARE BASED ON MANAGEMENT'S
CURRENT EXPECTATIONS AND ARE SUBJECT TO UNCERTAINTY AND CHANGES IN CIRCUMSTANCES.
ACTUAL RESULTS MAY
DIFFER MATERIALLY FROM THESE EXPECTATIONS DUE TO CHANGES IN GLOBAL
ECONOMIC, BUSINESS, COMPETITIVE MARKET AND REGULATORY FACTORS.
MORE DETAILED
INFORMATION
ABOUT THOSE FACTORS IS CONTAINED IN OPERATOR’S FILINGS WITH THE SECURITIES
AND EXCHANGE COMMISSION.
(e) ALTHOUGH DATA, QUOTES, STATUS REPORTS,
TECHNICAL DRAWINGS, CONFIGURATIONS, AND CATALOG LISTINGS ON THE
SITES ARE BELIEVED
TO BE ACCURATE, YOU SHOULD
INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE
USEFULNESS TO YOUR PARTICULAR
NEEDS OF ANY PRODUCT OR SERVICE. SPECIFICATIONS FOR PRODUCTS
AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE, AND OPERATOR
AND ITS SERVICE PROVIDERS,
AFFILIATES
AND BUSINESS PARTNERS RESERVE THE RIGHT TO MAKE CHANGES WITHOUT
NOTICE TO PROCESSING, MATERIALS, OR CONFIGURATION. PRODUCTS
LISTED IN ONLINE CATALOGS ARE NOT GUARANTEED
TO BE AVAILABLE AT THE TIME OF YOUR ORDER.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE, SHALL OPERATOR OR ITS AFFILIATES,
SERVICE PROVIDERS, BUSINESS
PARTNERS, VENDORS, OR SUPPLIERS
BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OPERATOR FOR
DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
FROM OR IN CONNECTION WITH
THE USE OF OR THE INABILITY TO USE ANY SITE OR ANY CONTENT CONTAINED
ON ANY SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS
OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT
SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR OTHER
INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE
PROVISIONS OF THIS SECTION 11 AND SECTION 10 ABOVE SHALL ALSO
APPLY TO PROTECT THE PARENTS
AND SUBSIDIARIES OF OPERATOR AND ITS AFFILIATES, SERVICE PROVIDERS,
BUSINESS PARTNERS, VENDORS, AND SUPPLIERS, AND THE OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THEM, WHO ARE THIRD
PARTY BENEFICIARIES OF THIS
AGREEMENT FOR
THIS PURPOSE, AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
General
(a) International. Your access to any Site from territories where
its contents may be illegal is prohibited.
(b) Compliance with
Export Control Laws. All transactions and other activity on any
Site shall at all times be subject
to and conditioned upon compliance
with all applicable export control laws and regulations and any
amendments thereof of the U.S.A. and user’s country. User hereby agrees
that it shall not, except as said laws and regulations may expressly
permit, make any disposition
by way of transshipment, re-export, diversion or otherwise, of
technical information (including but not limited to technical
data and software) made available on
or through any Site, or the direct product thereof, other than
as permitted by applicable export control laws and regulations.
Additional export restrictions,
including those relating to nuclear technical data, information,
software, assistance and services, may also apply, as stated
in the Terms of Use or Supplemental Terms
of Use for a particular Site or any applicable agreement. All
obligations in this paragraph survive any termination of site
access, and discharge of any other
contract obligations.
(c) Applicable Law. These Terms shall be
governed by and construed in accordance with the laws
of the State of New York, and
the federal laws of the United States
of America, without giving effect to its conflict of
laws provisions. You agree to
submit to the personal and exclusive jurisdiction
of the
state or federal
courts located within the State of New York for any disputes
arising from or related to any Site or these Terms. You
also agree that you will
comply with
all applicable local, state, national and international
laws and regulations, including
but not limited to United States export
restrictions, that
relate to your use of or activities on this Site.
(d)
English Language. The
parties agree that there shall
be no requirement to translate any of the Sites, or any portion thereof
or content thereon,
into any
other language than the one in which they appear,
and that all
contractual and transactional communications
shall be in the English language,
and
that there
shall be no requirement to translate any communication
into any other language.
(e) Enforceability.
These Terms are not intended
to alter the terms or conditions of any other agreement you may have
with
Operator or its Service
Providers, Affiliates
or Business Partners to the extent that
those
agreements govern issues other than your
use of any of these Sites, nor any agreements
that they
may have with
one another. Should any provision in
these Terms be found invalid
or unenforceable for any reason, that
provision shall be deemed severable from the Terms and
shall not affect the
validity or enforceability of the remaining provisions. You agree
that any
claim arising out of
or related to the terms or your
use of the Site
must be filed within one year after it
arose or be permanently barred. |