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TERMS OF USE

 

The Terms and Conditions of Use set forth herein apply to the Web sites owned, operated, licensed, or controlled by SimplyGapInsurance.com. ("SimplyGapInsurance.com"). Please Read These Terms And Conditions Of Use Carefully Before Using This Web Site. By using this Web site (collectively, with any other Web site owned, operated, licensed or controlled by SimplyGapInsurance.com, the "SimplyGapInsurance.com Web Sites"), you signify your assent to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the SimplyGapInsurance.com Web Sites. This Agreement constitutes the entire and only agreement between SimplyGapInsurance.com and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the SimplyGapInsurance.com Web Sites, the content, products or services provided by or through the SimplyGapInsurance.com Web Sites, and the subject matter of this Agreement. If you do not agree to these terms of use, please do not use the site.  We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the SimplyGapInsurance.com Web Sites following the posting of changes to these terms will mean you accept those changes.

 

Restrictions On Use Of Materials.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the SimplyGapInsurance.com Web Sites are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by SimplyGapInsurance.com. You do not acquire ownership rights to any content, document or other materials viewed through the SimplyGapInsurance.com Web Sites. No material from the SimplyGapInsurance.com Web Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of SimplyGapInsurance.com's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to SimplyGapInsurance.com.

Indemnification.
You agree to indemnify, defend and hold SimplyGapInsurance.com harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation or alleged violation of this Agreement or use of the SimplyGapInsurance.com Web Sites.

Nontransferable.
Your right to use the SimplyGapInsurance.com Web Sites is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Jurisdictional Issues.
Unless otherwise specified, the materials in SimplyGapInsurance.com Web Sites are presented solely for the purpose of promoting the publication which is available in the United States, its territories, possessions, and protectorates. The SimplyGapInsurance.com Web Sites are controlled and operated by SimplyGapInsurance.com from its offices within the State of California,  United States of America. SimplyGapInsurance.com makes no representation that materials in any SimplyGapInsurance.com Web Sites are appropriate or available for use in other locations. Those who choose to access the SimplyGapInsurance.com Web Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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 SimplyGapInsurance.com Web Sites and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. This Agreement will terminate immediately without notice from SimplyGapInsurance.com if in SimplyGapInsurance.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this SimplyGapInsurance.com Web Sites and all copies thereof, whether made under this Agreement or otherwise.

Disclaimer.
The materials in the SimplyGapInsurance.com Web Sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SimplyGapInsurance.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SimplyGapInsurance.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that SimplyGapInsurance.com Web Sites or the server(s) that makes the SimplyGapInsurance.com Web Sites available are free of viruses or other harmful components. SimplyGapInsurance.com does not warrant or make any representations regarding the use or the results of the use of the materials in the SimplyGapInsurance.com Web sites in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, whether oral or written, obtained by you from SimplyGapInsurance.com through the SimplyGapInsurance.com Web Sites shall create any warranty, representation or guarantee not expressly stated in this Agreement. You (and not SimplyGapInsurance.com) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation Of Liability.
Under no circumstances, including, but not limited to, negligence, shall SimplyGapInsurance.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in the SimplyGapInsurance.com Web Sites, even if SimplyGapInsurance.com or an SimplyGapInsurance.com authorized representative has been advised of the possibility of such damages. The negation of damages set forth herein is a fundamental element of the basis of the bargain between SimplyGapInsurance.com and you. The SimplyGapInsurance.com Web Sites and the materials contained herein would not be provided without such limitations. 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 SimplyGapInsurance.com'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 or any other SimplyGapInsurance.com Web Sites.

Not Legal Advice.
The information contained at this Web site and any other SimplyGapInsurance.com Web Sites has been prepared by SimplyGapInsurance.com as a service to its readers and the Internet community and is not intended to constitute legal advice. SimplyGapInsurance.com has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the SimplyGapInsurance.com Web Sites. Users of information from the SimplyGapInsurance.com Web Sites or links do so at their own risk.

Links To Other Web Sites And Services.
To the extent that the SimplyGapInsurance.com Web Sites contains links to outside services and resources, SimplyGapInsurance.com does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. You agree that the use of such outside services and resources is at your sole risk and is without warranties of any kind by SimplyGapInsurance.com, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantablity or non-infringement. Under no circumstances is SimplyGapInsurance.com liable for any damages arising from the transactions between you and the providers of these outside services and resources or for any information appearing on linked Web sites. Use of Information. SimplyGapInsurance.com reserves the right, and you authorize SimplyGapInsurance.com, to the use and assignment of all information regarding SimplyGapInsurance.com Web Site uses by you and all information provided by you in any manner consistent with SimplyGapInsurance.com’s Privacy Policy.

Other.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Any cause of action by you with respect to the SimplyGapInsurance.com Web Sites (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. To the extent that anything in or associated with the SimplyGapInsurance.com Web Sites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. SimplyGapInsurance.com’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.


Disclaimer of Warranties


THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. SimplyGapInsurance.com DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. SimplyGapInsurance.com 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 USE OF THE SERVICES OR YOUR ACCESS TO, USE OF, OR BROWSING IN THE SimplyGapInsurance.com WEB SITE, ANY LINKED SITES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THEREFROM.

 

SimplyGapInsurance.com Potential Liability for the Services is Limited

SimplyGapInsurance.com MAKES NO REPRESENTATION ABOUT THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE SERVICES, THE SimplyGapInsurance.com WEB SITE, THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS”. NEITHER SimplyGapInsurance.com NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO FOR LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OR PERFORMANCE OF THE SERVICES, THE SimplyGapInsurance.com WEB SITE, OR LINKED SITES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES, THE SimplyGapInsurance.com WEB SITE, OR LINKED SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SimplyGapInsurance.com CLICKS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SimplyGapInsurance.com WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES (LINKED SITES) OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO DIRECTORY LISTINGS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF SimplyGapInsurance.com , ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

 

Although SimplyGapInsurance.com may from time to time monitor or review the Linked Sites, SimplyGapInsurance.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any of those Linked Sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within any of those Linked Sites. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

 

LIMITATION OF COMPANY'S LIABILITY.

The aggregate liability of SimplyGapInsurance.com to you for all claims arising from the Web Site and/or the use of the Materials or Products is limited to $.01.