Terms of Use

Effective Date of these Terms of Use

This privacy policy is effective August 3rd, 2021.

The following Terms of Use (“TOU”) describe the terms and conditions applicable to  your registration, access and use of the AB Northwest Insurance, LLC Website (the  “Website”). By using the Website, you are accepting and agreeing to the TOU. If you do  not agree to the TOU, do not use the Website. We reserve the right to change the TOU  at any time without notice; modifications will be included in the TOU. It is your  responsibility to check the TOU from time to time for modifications. Continued use of the  Website after any modifications of the TOU will constitute acceptance of such  modifications. The Website is owned and operated by AB Northwest Insurance, LLC  (“Company”), an Oregon corporation.  

Ownership: 

The Website, including without limitation, any information, software,  photographs, images, video, audio, graphics, or text on the Website (“Company  Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret,  and other proprietary rights therein are the sole property of the Company and various  third party owners. You agree to abide by all applicable intellectual property laws and  any additional restrictions set forth on the Website in relation to the Company Content. 

Limited License; Permitted Uses: 

You are granted a non-exclusive, non-transferable,  revocable license: (a) to access and use the Website strictly in accordance with this  TOU; (b) to use the Website solely for internal, personal, non-commercial purposes; and  (c) to print out discrete portions of Company Content from the Website solely for  internal, personal, non-commercial purposes and provided that you maintain all  copyright and other policies contained therein. No print out or electronic version of any  part of the Website or its contents may be used by you in any litigation or arbitration  matter whatsoever under any circumstances. 

Use of Website: 

By using the Website, you represent that you are at least 18 years old  and are a resident of the United States. You may not be eligible for all of the insurance  products or services described in this Website. The Company reserves the right to  determine all eligibility for such products or services. If you are under 18 or not a U.S.  resident, do not use the Website. The Company does not intend to market any products  or services to children and does not knowingly collect personal information from children  under the age of 13 through the Website. You may not store, modify, reproduce,  transmit or distribute content (including Company Content) from the Website without the  prior written consent of the Company. The Company may change or restrict your use of  the Website and/or make changes to the products and services described on the  Website at any time without notice. You also agree not to use the Website for any  unlawful purpose or in any manner that could damage, disable, overburden or impair  any server, or the network(s) connected to any server of Company, its affiliates or  service providers, or interfere with any other party’s use and enjoyment of the Website.  You may not attempt to gain unauthorized access to the Website or any services, other  accounts, computer systems or networks connected to any server or to any of the 

services, through hacking, password mining or any other means. Certain third-party owners may impose additional terms and conditions set forth elsewhere herein. Your  use of Company Content from those third-party owners is also subject to those terms  and conditions. Any and all caching, hypertext linking to the Website or framing of any  Company Content is prohibited without the Company’s prior written consent. The  Company reserves the right to disable any unauthorized links or frames. 

Information Contained on Website: 

The information contained on the Website is not  intended as professional, medical, or legal advice. The Company makes no warranties  or representations related to the information contained on the Website and disclaims all  liability for errors or omissions in the information presented. The Company does not  recommend or endorse any specific insurance company and does not provide advice on  which insurer to select or which products to buy. The insurance quotations obtained by  use of the Website do not constitute an offer of insurance and are subject to the  approval of the respective insurance providers. No contract for the provision of a policy  of insurance is formed by the use of the Website. YOU ARE ADVISED TO SEEK THE  ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION  OF ANY SPECIFIC, REPORT, QUOTE, OPINION, ADVICE OR OTHER MATERIAL  ON THE WEBSITE. 

Disclaimer of Warranties: 

THE WEBSITE, THE COMPANY CONTENT AND ANY  PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED  TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY  KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY  IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND  NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS OR  WARRANTIES THAT USE OF THE WEBSITE, WEBSITE CONTENT OR PRODUCTS  OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE  RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT  ANY WEBSITE CONTENT YOU MAY OBTAIN ARE FREE OF VIRUSES OR ANY  OTHER HARMFUL COMPONENTS. 

Limitation of Liability: 

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN  NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF  THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS  OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO  THE WEBSITE, THE OFFERING OF PRODUCTS AND SERVICES HEREUNDER,  COMPANY CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT,  TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT  LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY  COMPANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS  IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE,  THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE 

OR THE WEBSITE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY,  EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Exclusion of Consequential Damages; Further Limitation of Liability: 

IN NO  EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF  THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS  OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT,  SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR  ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO  THE WEBSITE, THE OFFERING OF PRODUCTS AND SERVICES HEREUNDER,  THE COMPANY CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO  NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION  OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE “DISCLAIMER OF  WARRANTIES” AND “DISCLAIMER OF LIABILITY” SECTIONS MAY NOT APPLY TO  YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY  OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF COMPANY  UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF  THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING  CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE THOUSAND  DOLLARS ($1,000) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER  REMEDIES WHICH YOU MAY HAVE AGAINST US, OUR THIRD PARTY  PROVIDERS, AND ANY AFFILIATED PARTY. 

User Submissions: 

By submitting information, graphics, images, photographs or other  materials (“User Content”) through the Website, you grant to the Company an  unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display,  modify, create derivative works from and transmit such User Content for any purpose,  including without limitation, disclosing any such User Content as necessary to satisfy  any law, regulation, or governmental request. All remarks, suggestions, ideas, or  inventions communicated by you to us (collectively, a “Submission”) will forever be our  property. We will not be required to treat any Submission as confidential, and will not be  liable for any ideas (including without limitation, product, service or advertising ideas)  and will not incur any liability as a result of any similarities that may appear in our future  products, services or operations. Without limitation, we will have exclusive ownership of  all present and future existing rights to the Submission of every kind and nature  everywhere. We will be entitled to use the Submission for any commercial or other  purpose whatsoever, without compensation to you or any other person sending the  Submission. You agree not to submit or transmit any User Content through the Website  that in Company’s opinion: (i) are defamatory, threatening, obscene or harassing; (ii)  contain a virus, worm, Trojan horse or any other harmful component; (iii) incorporate  copyrighted or other proprietary material of any third party without that party’s  permission; (iv) violate Company’s rules or procedures; or (v) otherwise violate any  applicable laws or regulations. You acknowledge that Company does not have a duty to  pre-screen User Content but that Company expressly reserves the right to reject any 

submission of User Content on the Website. The Company shall not be subject to any  obligations of confidentiality regarding any User Content that you submit except as  specified in Company’s Privacy Policy, or as otherwise specifically agreed to or required  by law. You understand that all User Content you submit through the Website is the sole  responsibility of the person from whom such information or materials originated. Thus,  you, not Company, are entirely responsible for such information and materials and liable  for any infringement, violation of privacy, defamation, libel or other causes of action that  arise from such User Content. 

Indemnification: 

You agree to indemnify and hold harmless Company and its  subsidiaries, affiliates, officers, agents, employees, partners and licensors from any  claim or demand, including reasonable attorneys’ fees, made by any third party due to  or arising out of User Content or Submission you submit, transmit or otherwise make  available to us, your use of any Company Content, your violation of any provision of this  TOU, or your violation of any rights of another party. 

Trademarks: 

The Company’s trademarks, service marks and/or logos are protected  marks of the Company. Unauthorized use of trademarks, service marks or logos owned  by the Company is strictly prohibited and may also be a violation of federal and state  trademark laws. 

Copyright: 

The Website is protected by U.S. copyright laws of the Company, its  affiliates, and certain third-party providers. Except as expressly provided under “Use of  Website” section above, you may not use, reproduce, modify, transmit, distribute or  publicly display any part of the Website or Company Content without the prior written  consent of the Company. 

We respect the intellectual property of others, and we ask you to do the same. If you  believe that your work has been copied in a way that constitutes copyright infringement,  please provide our Copyright Agent the following information: 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Site; d. Your address, telephone number, and email address;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright  infringement on the Website can be reached by directing an e-mail to the Copyright  Agent at dbox@AgentForceUSA.com. 

Governing Law:

The TOU shall be governed in all respects by the laws of the State of  Oregon USA, without reference to its choice of law rules. By accessing the Website, you  understand and agree that all transactions take place in Deschutes County, Oregon and 

agree that the Deschutes County Superior Court has exclusive jurisdiction over any  disputes with the Company arising from or related to your use of the Website or any of  the products or services offered hereunder or Company Content or User Content on the  Website. You irrevocably consent and submit to the exclusive personal jurisdiction of  that court, and you irrevocably waive any jurisdictional, venue or inconvenient forum  objections to such court. 

Statute of Limitations: 

Except for claims arising from your misuse of the Website or  Company Content, you agree that regardless of any statute or law to the contrary, any  claim or cause of action arising out of or related to the TOU must be filed within one (1)  year after such claim or cause of action arose or be forever barred. 

Third-Party Links: 

The Website may contain links to third party websites. The  Company makes no representations regarding the content or accuracy of any website  that you may access through the Website. The Company does not monitor and is not  responsible for the content found on other websites that are linked from the Website.  The Company does not imply endorsement, recommendation or sponsorship for any  linked website or the services, products or advice described on the site, and the  Company shall have no liability for its content, including its accuracy, subject matter,  quality or timeliness, or any personal information that you provide to such site. USE OF  SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other  information or content expressed therein are those of the respective author(s) or  distributor(s), not of the Company. 

Third Party Services: 

We may allow access to or advertise certain third-party product  or service providers (“Merchants”) from which you may purchase certain goods or  services. You understand that we do not operate or control the products or services  offered by Merchants. Merchants are responsible for all aspects of order processing,  fulfillment, billing and customer service. We are not a party to the transactions entered  into between you and Merchants. You agree that use of or purchase from such  Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND  BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF  TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.  UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING  FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY  INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED  TO OUR SITE. 

Third Party Merchant Policies: 

All rules, policies (including privacy policies) and  operating procedures of Merchants will apply to you while on any Merchant sites. We  are not responsible for information provided by you to Merchants. We and the  Merchants are independent contractors and neither party has authority to make any  representations or commitments on behalf of the other.

 

Security: 

The Company does not make warranties or representations regarding the  security of Company Content or User Content. Data sent over the Internet may be  intercepted by third parties; if you are concerned about the security of your data, you  should not send it over the Internet. 

User ID and Password: 

You are required to have a user ID and password to access  certain areas of the Website. You are responsible for maintaining the confidentiality of  your user ID and password and are responsible for all uses of them, regardless of  whether the uses were authorized by you. The Company prohibits the transfer or  sharing of user IDs and passwords. You agree to immediately notify the Company of  any unauthorized use of your user ID or password or any other breach of security. 

Linking to the Website: 

You may not link to the Website prior to obtaining written  permission from the Company, which may be withheld in Company’s sole discretion. 

Information and Press Releases: 

The Website contains information and press  releases about us. We disclaim any duty or obligation to update this information or any  press releases. Information about companies other than ours contained in the press  release or otherwise, should not be relied upon as being provided or endorsed by us. 

Your Registration Obligations: 

By registering on this Website, you represent that you  are of legal age to form a binding contract and are not a person barred from receiving  products or services under the laws of the State of Oregon and of the United States or  other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and  complete information about yourself in the registration form (“Registration Data”) and (b)  maintain and promptly update the Registration Data to keep it true, accurate, current  and complete. If you provide any information that is untrue, inaccurate, not current or  incomplete, or the Company has reasonable grounds to suspect that such information is  untrue, inaccurate, not current or incomplete, the Company has the right to suspend or  terminate your account and refuse any and all current or future use of the Website or  any products or services offered hereunder. 

Interstate Nature Of Communications On Website: 

When you register with the  Website, you acknowledge that you will be causing communications to be sent through  the Company’s computer networks. As a result, and also as a result of the Company’s  network architecture and business practices and the nature of electronic  communications, even communications that seem to be intrastate in nature can result in  the transmission of interstate communications regardless of where you are physically  located at the time of transmission. Accordingly, by agreeing to the TOU, you  acknowledge that communication via the Website results in interstate data  transmissions. 

Special Admonitions For International Use: 

Recognizing the global nature of the  Internet, you agree to comply with all local rules regarding online conduct and  acceptable content. Specifically, you agree to comply with all applicable laws regarding 

the transmission of technical data exported from the United States or the country in  which you reside. 

No Resale: 

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for  any commercial purposes, the Company Content, including any product or service  obtained from us through the Website. 

General Practices Regarding Use And Storage: 

You agree that the Company has no  responsibility or liability for the deletion or failure to store any messages and other  communications or other User Content maintained or transmitted through the Website.  You acknowledge that the Company reserves the right to log off accounts that are  inactive for an extended period of time. You further acknowledge that Company  reserves the right to modify these general practices and limits from time to time. 

Termination: 

You agree that Company may, in its discretion, and without prior notice,  immediately terminate your Website account and your access to the Website. 

No Third-Party Beneficiaries: 

You agree that, except as otherwise expressly provided  in this TOU, there shall be no third-party beneficiaries to this TOU. 

Waiver: 

The failure of the Company to exercise or enforce any right or provision of this  Agreement shall not constitute a waiver of such right or provision. 

Headings: 

The section and paragraph headings used in this TOU are inserted for  convenience only and will not affect the meaning or interpretation of this TOU. 

Violation of TOU: 

The Company reserves the right to seek all remedies available at  law and in equity for violations of the rules and regulations set forth in this TOU and the  Privacy Policy (which is incorporated by reference), including, but not limited to, the right  to block access from a particular Internet address to the Website. 

Entire Agreement; Severability: 

This TOU, and the Privacy Policy, constitutes the  entire agreement between you and the Company relating to the use of the Website.  Additional terms and conditions may apply when you use any services of Merchants or  other third parties, or access any linked websites. Should any provision of our TOU be  held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or  unenforceable provision shall be severable from the remaining provisions. Such invalid,  unlawful or unenforceable provision shall not affect the validity or enforceability of the  remaining provisions. 

Contacting The Company: 

If you have Website questions, comments, or concerns,  please email info@abnwinsurance.com. Please include detail of your questions,  comments or concerns and your complete name and contact information. You may also  call our Customer Service team at (208) 861-8442.

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