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 these "Site Terms" and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. Unless we provide you with specific notice, no changes to these Site Terms will apply retroactively.
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 2018 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. You shall not use Mutual of Enumclaw’s name or any language, pictures or symbols which could, in Mutual of Enumclaw’s judgment, imply Mutual of Enumclaw’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Account Registration and Security.
You understand that you will need to create an account to have access to all of the parts of the Site. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration page (such information being the "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 Mutual of Enumclaw has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mutual of Enumclaw has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Site or through the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
Limitation of Liability
IN NO EVENT SHALL MUTUAL OF ENUMCLAW 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 $25.00 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 Site, you warrant that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices.
Without limiting the foregoing, copying or reproduction of the Site to any other server or location for further reproduction or redistribution is expressly prohibited.
You are prohibited from using the Site to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Site is expressly prohibited by these Site Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Site Terms, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from using the Site and/or the immediate removal of the related materials from the Site at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
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 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 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 Site or information provided to or gathered by Mutual of Enumclaw with respect to such use.
Neither Mutual of Enumclaw nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
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 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 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 by Mutual of Enumclaw.
Updated May 2018