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Terms of Service

Terms & Conditions

These terms and conditions (the “Terms”) govern your use of the Website. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to the Terms, which are subject to change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.

You must be at least eighteen (18) years of age to use the Website. By using the Website you warrant and represent that you are at least eighteen (18) years of age.

This Website uses cookies, as more fully set forth in our Privacy Policy. By using the Website and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of BGA Insurance Group’s Privacy Policy.

License to Use Website

You hereby acknowledge and agree that Company owns all right, title and interest in any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles on the Website. All rights not expressly granted to you under these Terms are reserved by Company.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in the Terms.

License Restrictions

You are strictly prohibited from: (i) republishing material from this Website (including republication on another website); (ii) selling, renting or sub-licensing material from the Website; (iii) showing any material from the Website in public; or (iv) reproducing, duplicating, copying or otherwise exploiting material on the Website for a commercial purpose; editing or otherwise modifying any material on the Website.

You are prohibited from using the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You are prohibited from using the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You are prohibited from conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data and data harvesting) on or in relation to the Website without Company’s express written consent.

User Content

In these Terms, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose. You grant to Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company or a third party (in each case under any applicable law). You must not submit any User Content to the website that is or has ever been the subject of any threatened or actual legal proceedings.

Company reserves the right to edit or remove any material submitted to the Website, or stored on Company’s servers, or hosted or published upon the Website.

Warranty Disclaimer

THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE. WITHOUT PREJUDICE TO THE FOREGOING COMPANY DOES NOT WARRANT THAT: (I) THE WEBSITE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; OR (II) THE INFORMATION ON THE WEBSITE IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING. YOU HEREBY ACKNOWLEDGE THAT THE INTERNET IS NOT A SECURE MEDIUM, MAY BE INHERENTLY UNRELIABLE AND SUBJECT TO INTERRUPTION OR DISRUPTION AND MAY BE SUBJECT TO INADVERTENT OR DELIBERATE BREACHES OF YOUR SECURITY.

Limitations of Liability

COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM YOUR USE OF, OR OTHERWISE IN CONNECTION WITH, THE WEBSITE OR THE CONTENT OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY INTERRUPTION OF BUSINESS, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY, EVEN IF THE PARTIES HERETO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Severability

If any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

Indemnification

You agree to indemnify, defend and hold harmless Company and its subsidiaries, affiliates and licensors, as well as each of their officers, directors, employees, attorneys and agents, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with (i) any breach by you of any provision of the Terms or (ii) any user content you upload to the Website.

Breach of the Terms

Notwithstanding any other rights under these Terms, in the event of a breach of the Terms, Company may take such action as it deems appropriate, in its sole discretion, including, but not limited to, suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Governing Law

These terms and conditions will be governed by and construed in accordance with the [Commonwealth of Pennsylvania] without regard to its conflict of laws provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located within the [City of Philadelphia] to resolve any disputes arising from the Terms.

Entire Agreement

These Terms constitute the entire agreement between you and Company in relation to your use of the Website, and supersede all previous agreements with respect to the subject matter hereof.

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