Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.
By using this Web site, you signify your assent to these terms of use. 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. Updated versions will be posted to our web site and date stamped so that you are always aware when the Terms and Conditions Statement was last updated.
Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes. If you are dissatisfied with any Dashers Insurance Services, Inc. material, or with any of Dashers Insurance Services, Inc. Terms and Conditions, your sole and exclusive remedy is to discontinue using the Dashers Insurance Services, Inc. Web site.
RESTRICTIONS ON USE OF MATERIALS.
Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the "Content") are protected by copyright and owned, controlled or licensed by Dashers Insurance Services, Inc., P.O. Box 8128, Newport Beach, CA, U.S.A. (hereafter "Dashers ®") or the party credited as the provider of the content. You will abide by all additional copyright notices, information or restrictions contained in any content accessed through the Web site.
No content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any content for other than personal use is expressly prohibited without prior permission from administrator@dashers.com, or the copyright holder identified in the copyright notice contained in the content.
If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from Dashers®. No other use is permitted without prior written permission of Dashers®.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content is strictly forbidden.
Modification of the content or use of the content for any other purpose is a violation of Dashers® copyright and other proprietary rights. For purposes of these terms, the use of any content on any other web site or networked computer environment is prohibited. Dashers® and other names of Dashers® products referenced herein are trademarks or registered trademarks of Dashers® Other trademarks/logos are the property of their respective owners.
USAGE BY CHILDREN.
The Web site is directed to adults and is not directed to children. Dashers® cannot prohibit minors from visiting the website. Dashers® must rely on parents, guardians and those responsible for supervising children to decide which materials are appropriate for such children to view and/or purchase. Dashers® however, we cannot always determine the age of persons who access and use our web site. If a minor (as defined by applicable law) provides us with his/her data without parental or guardian consent, we encourage the parent or guardian to contact us to have this information removed and to unsubscribe the minor from any future Dashers® marketing communications.
MEMBER ACCOUNT.
If you register as a user of this website, you will be provided with the ability to self assign a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify Dashers® of any unauthorized use of your username and password or other breach of security at administrator@dashers.com.
CONTENT & SERVICES OFFERED.
Dashers® has the right at any time to change or discontinue any aspect of the web site, including, but not limited to, the community areas, content, hours of availability and software requirements needed for access to use. Such changes, modifications, additions or deletions will be effective immediately upon posting and any subsequent use by you after such posting will conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
PRIVACY.
Registration data and certain other information about you are subject to Dashers® privacy policy. For more information, see our privacy policy page, which is incorporated in full herein by reference.
strong>INDEMNIFICATION.
You agree to indemnify, defend and hold Dashers® harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this agreement or use of the website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
NON-TRANSFERABILITY.
Your right to use this website is not transferable. Any password or right given to you to obtain information is not transferable.
JURISDICTION.
Unless otherwise specified, the content on the website is presented solely for the purpose of obtaining information about Dashers® and insurance products sold through Dashers® available in California. The website is controlled and operated by Dashers® from its offices within the State of California. Dashers Insurance Services Inc. makes no representation that content on the website is appropriate or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or content under any or all jurisdictions and the compliance of that information or content with local laws, if and to the extent local laws are applicable. All users, including those users who access the website from a country other than the U.S., agree that the laws of the State of California will govern any dispute, including those arising from Dashers® use of personal information or otherwise relating to privacy.
TERMINATION. The privileges granted to you by these terms will terminate immediately without notice from Dashers® if, in Dashers® sole discretion, you fail to comply with any provision of these terms. Dashers® may take such further action as Dashers® determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Dashers® will not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Dashers® exercise of its rights under these terms and conditions.
DISCLAIMER.
THE CONTENT IN THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DASHERS INSURANCE SERVICES, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DASHERS INSURANCE SERVICES, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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 DASHERS INSURANCE SERVICES, INC. BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES ON THE WEB SITE, EVEN IF DASHERS INSURANCE SERVICES INC. OR AN DASHERS INSURANCE SERVICES INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 DASHERS INSURANCE SERVICES INC.'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 THE WEB SITE.
This site may contain advice, opinions, and statements of various information providers and content providers. The content contained on the website has been prepared by Dashers® as a service to its users and the Internet community and is not intended to constitute legal or professional advice, which is always fact specific. Dashers® 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 on or linked to the website. Users of information from the website or links do so at their own risk. Reliance upon any such opinion, advice, statement, or other information will also be at your own risk. Neither Dashers® nor its affiliates, nor any of their respective agents, employees, information providers or content providers will be liable to any user or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting there from.
OTHER PRODUCTS.
Any reference made by the website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Dashers®. Content on the website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Dashers®.
LINKS TO OTHER WEB SITES AND SERVICES.
To the extent that the Web site contains links to outside services and resources, Dashers® Insurance Services Inc. 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.
SERVICE CONTACT.
Contact administrator@dashers.com with questions or problems with this Web site.
OTHER.
Any rights not expressly granted herein are reserved. These terms will be governed by and construed in accordance with the laws of the State of California. You agree that any action at law or in equity arising out of or relating to these terms will be filed only in the state or federal courts located in Orange County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action except that if you are located or a resident outside the United States you hereby submit to exclusive binding arbitration, in Orange, California, subject to UNCITRAL rules. If any provision of these terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the website and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and will not be modified except as provided herein or in writing, signed by Dashers Insurance Services, Inc. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Dashers Insurance Services, Inc.’s failure to enforce any provision of this Agreement will not be deemed a waiver of such provision nor of the right to enforce such provision.
DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
- Introduction.
This policy is intended to implement the procedures described in the Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA") for the reporting of alleged copyright infringement. It is the policy of Dashers Insurance Services, Inc. to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of Dashers Insurance Services, Inc. website are required to respect the legal protections provided by applicable copyright law.
- Designated Agent.
Upon receipt of notification of claimed infringement, Dashers® will follow the procedures outlined herein and in the DCMA. Dashers® Designated Agent to receive notification of alleged infringement under the DMCA is Helen Hayden.
- Complaint Notice Procedures for Copyright Owners.
A notice of alleged copyright infringement to the Designated Agent must include the following:
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site is covered by a single notice, 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 Dashers Insurance Services, Inc. to locate the material.
- Information reasonably sufficient to permit Dashers Insurance Services, Inc. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
NOTICE AND TAKEDOWN PROCEDURE. It is expected that all users of any part of Dashers® website will comply with applicable copyright laws. However, if Dashers Insurance Services Inc. is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Dashers® will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
REPEAT INFRINGERS. Under appropriate circumstances, Dashers® may, in its discretion, terminate authorization of users of its website are repeat infringers.
ACCOMMODATION OF STANDARD TECHNICAL MEASURES. It is Dashers Insurance Services, Inc.' policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Contact Information:
P.O. Box 8128
Newport Beach, CA 92658
Telephone: (949) 851-6362
US Toll Free: (800) 949-3274
Fax: (949) 851-1718
administrator@dashers.com
Revised May 2009
