Panorama Insurance Associates Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, OR SERVICES THROUGH THIS WEBSITE. Panorama Insurance Associates, Inc. (“PIA” or “we” or “us”) provides access to and use of this Website (“Website”) subject to your acceptance of these terms and conditions (“Terms”). By accessing, using, or obtaining any data, materials, information, products, services, or other content (collectively, “Content”) through this Website, you acknowledge that you have read and understand these Terms and agree to abide by them. If you do not accept or understand all of these Terms, do not access or use this Website and cease your current access.

LICENSING

PIA and PIA’s subsidiaries and affiliates are licensed as insurance brokers or agents in various U.S. states. This Website is not intended as a solicitation for insurance in any state or location where PIA or its subsidiaries or affiliates are not licensed.

OWNERSHIP

PIA and its content providers (which many include insurance companies and insurance industry news providers, referred to herein as “Providers”) own and have copyrights on this Website and all of the Content, which is protected by US and International copyright laws and treaties. The information, materials and other content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, sold, or otherwise used for public or commercial purposes, in whole or in part, without the express prior written consent of PIA.

Trademarks, logos, and service marks displayed on this Website (“Marks”) are the registered or common law Marks of PIA or its Providers. Your use of and access to this Website does not grant you any license or right to use any of the Marks. You may not use any technological means such as robots, spiders, or other devices to monitor materials available through this Website.

USE

By using this Website you warrant that you are at least 18 years of age and can enter into binding contracts for insurance or other goods. If you less than 18 years of age you may not use this Website and you must leave immediately. You are responsible for maintaining the confidentiality of any passwords, login names, or other information associated with your use of this Website.

You may not use this Website for any false or fraudulent purpose. You are also forbidden from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, 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. You may not use any device, software, or routine that interferes or attempts to interfere with the normal operation of this Website or take any action that imposes an unreasonable load on PIA ‘s computer equipment.

You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other person’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of PIA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PIA or the applicable copyright owner. You agree that you do not acquire any ownership rights in any protected content and such content is not for resale. Except as expressly set forth in these terms, you are not being granted any licenses, express or implied, to the intellectual property of PIA or its suppliers.

You may not use this Website for any commercial, financial or other similar purpose without the express prior written consent of PIA.

Finally, you may not use this Website for any purpose that is unlawful or otherwise prohibited by these Terms.

PIA reserves the right, at any time and without advance notice or liability, to terminate your access to this Website or any component therein.

PRIVACY

Your use of this Website is subject to our Privacy Policy. Your acceptance of these Terms indicates your consent to the Privacy Policy as well.

CO-BRANDED AREAS

Certain pages in this Website are operated and controlled by a third party (“Co-Branded Areas”). Although these Co-Branded Areas continue to display PIA’s trademarked logo at the top of the page, they are operated and managed by a third party. These third parties allow PIA to provide a greater breadth of services, functions and information to our website visitors and clients. These Terms, in conjunction with any further terms and conditions posted in the Co-Branded Areas, govern your access and use of those areas. In all other respects, access to the Co-Branded Areas is at your own risk.

LINKS

This Website may contain links to other sites on the World Wide Web. Links to outside sites do not constitute or imply any sort of endorsement by PIA of the linked Website or any material contained within, and we are not responsible or liable whatsoever for the information contained, or any products or services offered, on such other sites. Access to all such sites is at your own risk.

PRODUCTS/QUOTATIONS

Under no circumstances should you regard any information you may access in this Website as a recommendation, advice, or complete description of any products, service, or plan. Application for an insurance quotation through this Website does not constitute a binder of insurance coverage or the reporting of a claim. The application may be used by PIA to provide an estimate of the terms, conditions, and costs of coverage. A quotation may be subject to receipt of additional information or other conditions. Insurance coverage is provided by various insurance companies and is subject to the terms and conditions of the policies. Circumstances vary and Website visitors must carefully review their own insurance policies and consult with their insurance advisors.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless PIA and its affiliates and their respective members, shareholders, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use this Website, any information provided by you, your violation of any portion of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PIA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PIA in asserting any available defenses.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. PIA AND ITS PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY OF THE CONTENT. THIS WEBSITE AND CONTENT ARE PROVIDED “AS-IS”. PIA EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. PIA FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF ANY OF THE CONTENT ON THIS WEBSITE, AND FURTHER EXPRESSLY DISCLAIMS LIABILITY RESULTING FROM OR ARISING OUT OF ANY ERRORS OR OMISSIONS CONTAINED IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THIS WEBSITE. PIA AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

LIMITATION OF LIABILITY

PIA AND ITS PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR THE CONTENT FOUND THEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE TO SUBMIT APPLICATIONS FOR INSURANCE PRODUCTS OR SERVICES), OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN, OR A PROVIDER HAS BEEN ADVISED, OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

CAUTIONARY STATEMENT ON FORWARD-LOOKING STATEMENTS

This Website contains news, press releases and other written statements issued by PIA or its Providers and may include forward-looking statements which reflect the current views of PIA or its Providers with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and other factors that could cause actual results to differ materially from such statements. The words “believe,” “expect,” “anticipate,” “project,” “plan,” and similar expressions identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements that speak only as of their dates. PIA undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

MISCELLANEOUS

These Terms are governed by the laws of the State of California, excepting its conflicts of law principles. Any dispute arising out of this Website shall be subject to the exclusive venue of a court of competent jurisdiction in San Mateo County, California. The headings in these Terms are for convenience and reference and shall have no legal effect. Any failure by PIA to act with respect to you or another person’s breach of these Terms will not constitute a waiver with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, such Term(s) deemed unenforceable or invalid will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items incorporated by reference, constitute the entire agreement between you and PIA relating to your use of the Website and replaces any prior oral or written understandings or agreements.

REVISIONS

PIA reserves the right to change these Terms without prior notice, from time to time and in its sole discretion. If these Terms change, the revised Terms will be posted at the “Terms and Conditions” link on this Website’s home page. Any material changes to the Terms will be brought to your attention when you next visit this Website. In addition, the last time these Terms were revised is set forth below. If the date displayed is later in time than your last visit, you must re-read these Terms. Your continued use of this Website after the date of the last revision indicates your acceptance of any revisions.

These Terms were last revised on March 31, 2020.