Site (Usage) Terms and Agreement - Mutual of Enumclaw
Mutual of Enumclaw reserves the right to change or modify any of the terms and conditions contained in the "Site Terms" or any policy or guideline of the Site at any time and at its sole discretion. Any changes or modifications will be effective upon posting of the revisions and notice of such changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the "Site Terms" and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE "SITE TERMS" OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
All copyrighted and copyrightable materials on this Site, including, without limitation, the Mutual of Enumclaw logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright 2017 Mutual of Enumclaw and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of Mutual of Enumclaw or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Mutual of Enumclaw or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Trademarks and Service Marks
Mutual of Enumclaw, the Mutual of Enumclaw logo, and the products and services described in this Site, are either trademarks, service marks or registered trademarks of Mutual of Enumclaw and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mutual of Enumclaw or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Mutual of Enumclaw, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mutual of Enumclaw. All trademarks, registered trademarks, product names and Mutual of Enumclaw names or logos mentioned herein are the property of their respective owners.
Limitation of Liability
IN NO EVENT SHALL Enumclaw Insurance Group BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Mutual of Enumclaw (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Mutual of Enumclaw's SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID Mutual of Enumclaw, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations, may not apply to you, and you may have additional rights to those contained herein.
No Unlawful or Prohibited Use
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices.
Without limiting the foregoing, copying or reproduction of the Web site to any other server or location for further reproduction or redistribution is expressly prohibited.
You are granted a limited, non-exclusive right to create a hyperlink to the Site provided such link does not portray Mutual of Enumclaw or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an Mutual of Enumclaw logo or other proprietary graphic or trademark of Mutual of Enumclaw to link to this Site without the express written permission of Mutual of Enumclaw. This limited right may be revoked at any time.
Third Party Links
Mutual of Enumclaw makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Mutual of Enumclaw and Mutual of Enumclaw is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Mutual of Enumclaw is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Mutual of Enumclaw of the site or any information contained therein. When leaving the Mutual of Enumclaw Site, you should be aware that Enumclaw Insurance Group's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. MUTUAL OF ENUMCLAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. MUTUAL OF ENUMCLAW DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MUTUAL OF ENUMCLAW IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MUTUAL OF ENUMCLAW ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, MUTUAL OF ENUMCLAW CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Applicable Law and Venue
This agreement is governed by the laws of the State of Washington, USA. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA, in all disputes arising out, of, or, relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Mutual of Enumclaw as a result of this agreement or use of this Web site.
Mutual of Enumclaw's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mutual of Enumclaw's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Mutual of Enumclaw with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the customer and Mutual of Enumclaw with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and Mutual of Enumclaw with respect to this Web site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.