This agreement outlines the terms and conditions application to the use of D’Agostino Agency Insurance websites by you (according to below definitions) as well as the use of any subscription service or product on offer by D’Agostino Agency Insurance and/or affiliated parties. The rights to all D’Agostino Agency Insurance products and services are personal and non-transferable.

• 1

  Definitions

  “D’Agostino Agency Insurance Sites” will refer to all areas and/or subscriptions and/or paid products and services available or offered through the interactive online platform operated by D’Agostino Agency Insurance over the World Wide Web. This consists of content and information services offered by D’Agostino Agency Insurance, its affiliates and third parties on contract with D’Agostino Agency Insurance .

  “Agent areas” will refer to all areas where registration is required as well as user participation areas within D’Agostino Agency Insurance sites

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  General

  D’Agostino Agency Insurance has the right to at any time alter or remove any aspect or feature within D’Agostino Agency Insurance Sites including but not restricted to content, agent areas, equipment for use/access and hours of availability. Such alterations, additions, removals or otherwise adjustments are effective directly on notice thereof. Giving of the notice may be by means including but not restricted to notification via e-mail or posting on community areas revisions to this agreement.

  XYZ will conclusively take any use of agent areas following such notices as acceptance of alterations, additions, removals or otherwise adjustments. Users agree to review the terms of use from time to time to get information regarding these revisions.

• 3

  Use of agent areas and D’Agostino Agency Insurance Sites

  • 1 Use of agent areas may only be for lawful purposes. No information may be transmitted through or posted on agent areas that is a violation or infringement on the rights of others, being defamatory, threatening, abusive, invasion of public or privacy rights, profane, vulgar, indecent, objectionable, obscene or otherwise unlawful, encouraging conduct that is criminal, creating civil liability or directly violated any existing laws. No action may be undertaken which, according to D’Agostino Agency Insurance ’s knowledge inhibits or limits any other user from accessing or making use of the agent areas. Commercial solicitation and advertising through or on agent areas, except when D’Agostino Agency Insurance has issued prior approval and the commercial solicitation or advertisement is in compliance with all conditions demanded by D’Agostino Agency Insurance .
  • 2 Agent areas and D’Agostino Agency Insurance sites contain proprietary material, trademarks and other copy-protected information among them software, images, video, text, music, sound and graphics. The entire content within D’Agostino Agency Insurance Sites is patented collectively according to the US Copyright laws. Copyright in the D’Agostino Agency Insurance Sites wholly belongs to D’Agostino Agency Insurance, which owns patent rights in coordination, enhancement, selection and arrangement of such content, including content originating therein. Every third-party content provider is the owner of copyright for content original to them. User may not transmit, publish, display, modify, create works derived from, participate in sale or transfer or otherwise exploit content published within D’Agostino Agency Insurance sites or any part of it. Except where overtly allowable under US copyright law, users have restrictions that disallow them from copying, redistributing, publishing, displaying or commercially exploiting any material in the D’Agostino Agency Insurance Sites without the written permission of D’Agostino Agency Insurance and its copyright owner where applicable. In case of allowable copying, publication or redistribution of any D’Agostino Agency Insurance Sites content, they will not make any alterations in or deletion of author trademarks, copyright notices, attribution or legend. Users acknowledge that they do not acquire ownership rights on download of copyrighted material. Without restricting the generalization of above mentioned, users agree that all photos, videos, text, audio and/or graphics belong to D’Agostino Agency Insurance .
  • 3 Users may not post, upload or otherwise avail within agent areas any material safeguarded under trademarks,copyright or further proprietary rights except where express permission from the trademark,copyright or proprietary right owner has been received. You will be responsible for ensuring that such material is not under the protection of trademark, copyright or otherwise patent rights. You will be exclusively liable for all damaged ensuing following violation of trademarks, copyrights or otherwise patent rights, as well as other harm following the uploading, submission or posting of content.
  • 4 Users hereby give D’Agostino Agency Insurance and all global affiliates perpetual, irrevocable, non-exclusive and royalty-free license/right to reproduce, use, adapt, modify, translate, publish, create derivatives of, perform, display and distribute any message submitted in agent areas and/or through electronic mail sent to D’Agostino Agency Insurance by you (wholly or in part) and/or to include it within works of other media, forms, or technology available now or to be developed in future.
  • 5 Users may not: (a) use or select a participant name or login email address belonging to another participant to impersonate them; (b) use a participant name or login email address belonging to another participant without their express permission; (c) use a participant name in a way that violates their intellectual property right; or (d) use a participant name which is considered offensive in any way by D’Agostino Agency Insurance .
  • 6 Users must give D’Agostino Agency Insurance complete, accurate and up-to-date information offered at the point of registration.
  • 7 D’Agostino Agency Insurance Sites may have links to other sites, advertisers and resources. D’Agostino Agency Insurance is neither liable for the availability of such sites, nor does it take responsibility for or endorse advertising, content, products or other material availed through or on these external sites. In no case shall D’Agostino Agency Insurance accept direct or indirect responsibility or liability for any damage or loss caused or purported to be caused to any user regarding the reliance on or use of any products, services or content available on or through these external sites. Any concerns should be directed to the external site’s webmaster or administrator.
  • 8 Users are responsible for attaining and retaining any telephones, computer hardware as well as other devices/equipment required to gain access and make use of agent areas and D’Agostino Agency Insurance Sites, and remain responsible for charged incurred there from.
  • 9 The above mentioned provisions within this section 3 are meant for the advantage of D’Agostino Agency Insurance, their affiliates and third-party content providers and each has the right to enforce and assert such provisions for themselves.
  • 10 D’Agostino Agency Insurance has meticulously built the D’Agostino Agency Insurance Sites with the intent of offering specific content to visitors in specific formats and designated appearance. No third-party is permitted to use the content within D’Agostino Agency Insurance sites for any reason contrary to this intent. Specifically, D’Agostino Agency Insurance forbids any from exhibiting any material within D’Agostino Agency Insurance Sites in any format not authorized by D’Agostino Agency Insurance where third-party advertising or otherwise application will be viewable or viewed alongside D’Agostino Agency Insurance copyright content.
• 4

  Monitoring

  D’Agostino Agency Insurance retains the right, but not obligation, to monitor content within agent areas from time to time to evaluate compliance thereof with the terms of use and other operating guidelines enforced by D’Agostino Agency Insurance . XYZ maintains sole discretion to alter disallow or delete any content posted to or submitted in agent areas. Without restricting the above mentioned, D’Agostino Agency Insurance retains the right, but not obligation, to take out any material that D’Agostino Agency Insurance, in their sole judgment, has found to be infringing on the provisions provided for here-under, or otherwise stale and/or objectionable. Irrespective of this right of D’Agostino Agency Insurance, users are solely responsible for all content within their messages. You agree and acknowledge that neither D’Agostino Agency Insurance nor its affiliate bodies worldwide will be liable or responsible for actions or in-actions performed by D’Agostino Agency Insurance or any of its affiliates regarding conduct or actions related to agent areas or any information or communication availed in the agent areas.

• 5

  Limitation of liability disclaimer of warranty

  • 1 You agree expressly that you use D’Agostino Agency Insurance Sites and agent areas at your own risk. D’Agostino Agency Insurance, its affiliate globally and any agents, third-party content providers, licensors or employees do not provide guarantee that D’Agostino Agency Insurance sites will be error-free and/or uninterrupted. Neither do they provide warranty regarding the results gained from the utilization of D’Agostino Agency Insurance sites being accurate or reliable nor of any content, information, products or services provided under the agent areas or D’Agostino Agency Insurance sites.
  • 2 The agent areas and D’Agostino Agency Insurance sites are offered on an “as available” “as is” basis, without guarantees of any sort, whether implied or express, including but not restricted to implicit warranties of fitness or merchantability or warranties of title for any particular purpose, apart from those warranties granted implicitly by and incapable of segregation, limitation or alteration under laws applied to this agreement.
  • 3 Disclaimers of liability expressed under this part 5 are applicable to all injury or damages resultant following any failure, inadequacy in error, performance, interruption, omission, defect, delay in transmission/operation, deletion, communication line breakdown, computer virus, destruction or theft, or unsanctioned access to, use of or modification of, whether for tortuous conduct, negligence, breach of contract or for other cause of actions. You particularly recognize that D’Agostino Agency Insurance will not be held liable for offensive, defamatory or unlawful conduct by third parties or other users, and that any risk of injury resultant of the above mentioned solely lies with you.
  • 4 Under no circumstance shall D’Agostino Agency Insurance or any other person or entity concerned with the creation, production or distribution of D’Agostino Agency Insurance sites be held responsible for any incidental, indirect, direct, consequential or special damages as a result of utilization or inability to utilize D’Agostino Agency Insurance sites or following breach of warranties. Your herewith recognize that provisions stated under this part 5 is applicable to all content within D’Agostino Agency Insurance sites and/or its agent areas. D’Agostino Agency Insurance ’s responsibility to users, where applicable, shall under no circumstance be in excess of total amounts remitted to D’Agostino Agency Insurance .
  • 5 D’Agostino Agency Insurance does not endorse nor shall it be held liable for the reliability or accuracy of any advice, opinion or statement displayed within D’Agostino Agency Insurance sites, nor for any obscene, offensive or defamatory postings made within agent areas by personal other than official D’Agostino Agency Insurance employee spokespeople acting within the purview of their official duties. In no event shall D’Agostino Agency Insurance be held responsible for damages or loss as a result of your dependence on information obtained from either D’Agostino Agency Insurance sites or any postings made on the agent areas. You shall be responsible for evaluating the completeness, accuracy or relevance of any opinion, advice, information or any other content offered through D’Agostino Agency Insurance sites and/or its agent areas. You are advised to enlist the assistance of professionals where applicable, for the evaluation of any particular opinion, advice, information or any other content, inclusive of but not restricted to, health, lifestyle or financial opinion, advice, information or any other information.
  • 6 D’Agostino Agency Insurance does not guarantee, endorse or warrant any services or products offered under D’Agostino Agency Insurance sites, nor shall it be party to or otherwise oversee any transactions between users and providers of third party products and/or services. Just as you might in the purchase of products or services in any environment or through whichever medium, you are advised to make careful consideration and exercise due caution as applicable. D’Agostino Agency Insurance offers all products and services availed on D’Agostino Agency Insurance sites short of warranties of any sort, whether implied or express, inclusive of but not limited to implicit warranties of fitness and/or merchantability or warranties of title for any specific purpose, apart from the warranties which are overtly provided for and cannot be excluded, restricted or modified according to the laws governing this agreement.
  • 7 Before the completion of any purchase or sales transaction for any investment or security, it is advised that you make consultation with your financial advisor or broker to confirm pricing as well as other information. D’Agostino Agency Insurance shall not, nor shall any third-party content providers thereof, have responsibility for investment decisions arrived at following results obtained from or based on content provided here. D’Agostino Agency Insurance, along with any third party content providers do not warrant or guarantee the sequence, accuracy, completeness of timeliness of any such information. Nothing found within D’Agostino Agency Insurance sites may be interpreted as investment recommendations. D’Agostino Agency Insurance is not an investment advisor or registered broker/dealer, nor does it endorse any product over another or offer investment advice.
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  Indemnification

  Users acknowledge and accept to indemnify, defend and hold no fault on D’Agostino Agency Insurance and its affiliates including all respective officers, directors, agents and employees against and from every claim and expenses, including but not restricted to attorneys’ fees arising from the use of D’Agostino Agency Insurance sites and agent areas by you.

• 7

  Termination

  D’Agostino Agency Insurance maintains the sole discretion and right to terminate this agreement immediately as regards any users’ actions deemed by the sole discretion of D’Agostino Agency Insurance to be objectionable or in the event that the user has breached the terms of this agreement. The provisions allowed in section 5, 6, 7 and 8 remain effective upon dissolution of this agreement.

• 8

  Trademarks

  Any and all trademarks included in D’Agostino Agency Insurance sites are the exclusive property of their owners respectively, including D’Agostino Agency Insurance where applicable.

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  Products; Subscription Services

  • 1

    Subscription services:

    D’Agostino Agency Insurance makes accessible for users specific subscription services online, including other paid products and services. the terms and conditions stated here-under shall be applicable to users who opt in to any subscription service(s) offered by D’Agostino Agency Insurance and/or within D’Agostino Agency Insurance sites, hereafter known as “the Subscription”:
    • a

      Subscription terms:

      The Subscription shall linger until D’Agostino Agency Insurance obtains a notice of termination from the user according to the description given below. You sanction D’Agostino Agency Insurance to levy all current fees and charges for every term following the subscription plan which you have selected, to the credit/debit card account entered at the time of registration. You are liable for all charges related to the connection to D’Agostino Agency Insurance sites, inclusive of but not restricted to, all telephone charges and all internet access provision charges. You shall give D’Agostino Agency Insurance complete, up-to-date and accurate information regarding your name, license account information and email address given by you at the time of registration. Failure to adhere to this constitutes a breach of these terms of use.
    • b

      Changed terms:

      D’Agostino Agency Insurance reserves the right to, at any point, change, modify of impose its billing methods and fees, as well as any further terms and conditions so applicable to your utilization of the Subscription or otherwise impose fresh terms and conditions. Such modifications, alterations, deletions or additions shall take effect presently on notice terms and conditions, which may be supplied by means inclusive of but not limited to, user access on the D’Agostino Agency Insurance sites. If any of such alterations are unacceptable to you, you may discontinue your subscription on following the procedure provided below. Any utilization of the Subscription following such notice shall be deemed conclusively to constitute acceptance of said alterations, modifications, deletions or additions. You accept that you will from time to time review the terms and conditions to acquaint yourself with any such alterations. You may also be bound by further terms and conditions imposed on you by third-party content providers as regards third-party software, products, services or content.
    • c

      Termination:

      Either D’Agostino Agency Insurance or you may discontinue this agreement at whatever point. You sole right/recourse as regards any displeasure at (i) any term and/or condition stipulated in this agreement, or policy and/or operations of D’Agostino Agency Insurance with respect to handling of the D’Agostino Agency Insurance sites and/or its agent areas; (ii) content made available via the Subscription or other alteration there-under; or (iii) type/amount of fees and/or billing schemes or alterations thereof, is to discontinue this agreement by transmitting your written notice thereof to D’Agostino Agency Insurance ’s corporate headquarters through an official email sent to its support services. Notice of termination/discontinuation shall take effect immediately upon acceptance by D’Agostino Agency Insurance . Without restricting the above mentioned, D’Agostino Agency Insurance retains the right to presently discontinue this agreement as regards any user conduct which, within the full discretion of D’Agostino Agency Insurance, I considered objectionable or where there has been a breach of this agreement by you. Under the circumstance of cancellation or termination of your account, no refunds for any fees paid, membership fees paid included, will be given. Provisions allowed in parts 5, 6, 7, 8 and 10 shall remain binding upon termination/discontinuation/cancellation of this agreement. Any fees paid for any subscriptions are considered advance payments and are non-refundable, wholly or in part, on condition however that, in case of termination or discontinuation for any reason apart from breach of agreement by you or discontinuation by you as outlined in sub-part c of this agreement where you identify termination to be resultant of changes in the terms, D’Agostino Agency Insurance shall make prorated refunds to you.
  • 2

    Products and other services:

    As regards products and/or services given for sale by D’Agostino Agency Insurance and/or third parties on or via D’Agostino Agency Insurance sites; you will be notified regarding all terns for offer, inclusive of but restricted to methods of payment, pricing, handling and shipping, sales tax, refund and returns policies and all appropriate privacy policies within the screen where the purchase is to be made.
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  Miscellaneous

  This agreement, as well as any other operating guidelines established for the D’Agostino Agency Insurance sites and its agent areas make up the full agreement of all parties as regards the subject matter here-under and supplants any and every previous written or verbal agreement between the parties regarding this subject matter. This agreement will be interpreted according to the laws of the State of California, disregarding any conflict of law provisions. No caveat by any party in respect of any breach of default hereof shall be taken to be a caveat for any foregoing or succeeding breaches or defaults. Any section headings used here-under are only for convenience, they may not be accorded any legal importance.