Entrata Insurance Agency dba ResidentInsureTM ("EIA") provides the "User" access to the Website subject to these Terms and Conditions of Use. By accessing or using this website, including information made available on this site (collectively, the "site"), and/or availing yourself of the services offered herein (collectively the "services") user accepts these terms and conditions, including all terms, policies, and guidelines incorporated by reference (collectively, the "terms") and any modifications that may be made to the terms from time to time. If user does not agree to any provision of the terms, he / she may not access or use the site.
1. Modifications to Terms
EIA reserves the right to change or modify any of the terms and conditions contained herein, and any other terms, policies, or guidelines, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. User's continued use of the Site following the posting of such changes or modifications will constitute acceptance of such changes or modifications.
2. Copyrights and Limited Trademarks
The Site and all content and materials available on the Site, including, without limitation, any logos, designs, text, documents, graphics, software, videos, sound files, and the selection and arrangement thereof (collectively, "Content"), are the proprietary property of EIA and are protected by U.S. and international copyright laws. The EIA names and logos, and any other product or service name or slogan contained on the Site and in any Content are trademarks of EIA and may not be copied, imitated or used, in whole or in part, without the prior written permission of EIA or the applicable trademark holder. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied under these Terms. Unless stated explicitly in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
3. No Spam Policy
User acknowledges and agrees that any unauthorized use of the Site or EIA"s computer systems (e.g., unsolicited email advertisements) is a violation of these terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the User or its agents to civil and criminal penalties.
4. Dealings with Site Users
Any fees or payments collected by EIA applicable to transactions set forth on the Site, and all terms and conditions applicable to such fees or payments are set forth in the Site's Terms of Sale (defined in Section 7 below). THE SITE IS PROVIDED AS-IS AND USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE, SALE, LEASE, OR OTHER TRANSACTIONS BY OR WITH SITE USERS OR OTHER THIRD PARTIES THAT RELATE TO THE SITE, ARE AT USERS OWN RISK.
User is responsible for determining whether sales, use, and other taxes apply to any transaction or other dealings relating to the use of the Site. Users must collect, report, and remit the correct tax to the appropriate tax authority. EIA is not obligated to determine whether sales, use, or similar taxes apply to any transactions or other dealings relating in any manner to the Site, and, except as stated expressly on the Site, is not responsible for collecting, reporting, or remitting any sales, use, or similar taxes arising from any transactions or dealings relating to the Site.
6. Registration Data Account Security
In consideration of the use of the Site, User agrees to (a) provide accurate, current and complete information about User as may be prompted by registration forms on the Site ("Registration Data") (b) maintain the security of any logins, passwords, or other credentials that User selects or that are provided for use on the Site and (c) maintain and promptly update the Registration Data, and any other information User provides to EIA, and to keep all such information accurate, current, and complete.
7. Paid Services
EIA offers Services on the Site that require the payment of fees. Services, are made available subject to additional terms and conditions ("Terms of Sale") that supplement these Terms which are made available and must be agreed to in connection with the purchase of any Services by User. Cancellations and modifications will be processed by EIA in a timely manner. EIA will not refund any pre-paid fees paid for Services during the month in which a cancellation or modification request was received. EIA makes no guarantees with respect to the results expected or realized by Customer through the Services.
User will defend, indemnify and hold harmless EIA, its parents, subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to its use of the Site, violation of these Terms, or violation of any rights of a third party.
9. Disclaimer of Warranties
USER AGREES THAT USE OF THE SITE AND THE SERVICES IS ENTIRELY AT USER"S OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS” OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED. EIA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND FOR THE RESULTS OF THE SERVICES. EIA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SITE. EIA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICES.
10. Limitation of Liability
NEITHER EIA NOR ITS PARENT, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EIA OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO USER"S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, ANY CONTENT OR SERVICES. NEITHER EIA NOR ITS PARENT COMPANY SHALL BE HELD LIABLE FOR: A RESULT OF AN ERROR OR OMISSION IN PROCESSING ANY AUTHORIZED RECURRING DEBIT PAYMENT OR, YOU DO NOT HAVE ENOUGH MONEY IN YOUR ACCOUNT TO MAKE YOUR PAYMENT OR, A TRANSFER OF MONEY FROM YOUR ACCOUNT IS RESTRICTED OR, THIS WEBSITE WAS NOT WORKING OR, CIRCUMSTANCES BEYOND EIA"S CONTROL PREVENT PAYMENT DESPITE REASONABLE PRECAUTIONS OR, YOU FAIL TO USE THIS WEBSITE PROPERLY OR FAIL TO PROPERLY SECURE YOUR COMPUTER FROM VIRUSES, SPYWARE, TROJAN HORSES, OR OTHER MALICIOUS CODE OR, YOU DO NOT REQUEST PAYMENT SUFFICIENTLY IN ADVANCE OF YOUR PAYMENT DUE DATE OR, YOUR FINANCIAL INSTITUTION OR CARD ISSUER REFUSES TO HONOR YOUR PAYMENT OR, EIA HAS BLOCKED YOUR ACCESS TO THIS WEBSITE OR, THIS WEBSITE HAS BEEN TERMINATED OR SUSPENDED OR, THIS WEBSITE INDICATES YOUR REQUEST WILL NOT BE PROCESSED OR, FROM ANY ACT OR OMISSION OF ANY FINANCIAL INSTITUTION, ELECTRONIC FUNDS TRANSFER SYSTEM, OPERATOR OR THIRD PARTY SERVICE PROVIDER, OR CREDIT CARD ISSUER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. THE MAXIMUM TOTAL LIABILITY OF EIA AND ITS SUPPLIERS AND LICENSORS FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE AMOUNT ACTUALLY PAID, BY USER TO EIA FOR USE OF THE SITE AND THE SERVICES IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Restrictions on Access Downtime
Access to and use of the Site and Services may be temporarily down, inaccessible, or deactivated due to maintenance, upgrades, equipment failure, power failure, and/or other scheduled or unscheduled downtimes or interruptions and EIA shall not be liable to User or any third party for any such circumstances. Neither EIA nor its suppliers or licensors will be liable to User or to any third party for any modification, discontinuance, or restriction of the Site or Services.
12. Consent to Electronic Communications
By using the Site, User consents to receiving electronic communications from EIA. These communications may include notices about User’s account and information concerning or related to the Site. User agrees that any notices, agreements, disclosures, or other communications that EIA sends electronically will satisfy any legal communication requirements, including that such communications be in writing.
13. General Legal Notices
EIA’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of User’s license to access the Site or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. These Terms are governed by the laws of the State of Utah, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Site, Services or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Salt Lake City, Utah, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Utah law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party"s rights or property pending the completion of arbitration. These Terms, including all policies and guidelines incorporated into these Terms by reference, constitute the entire agreement between User and EIA concerning the Site and Services. These Terms supersede all prior agreements or communications between User and EIA regarding the subject matter of these Terms.
14. Underwriting Entities
You are provided the following information pursuant to various state insurance laws, including, but not limited to those of CA, MA and MO.
15. Questions & Contact Information
User should direct any questions or comments about the Site to EIA at firstname.lastname@example.org.
These Terms and Conditions may vary by state. All statements are subject to the terms and conditions of the applicable policy.