Talage, Inc. Terms of Service - 3.15.2016

TERMS OF USE

Talage, Inc. (“Talage,” “we,” “us,” or “our”) welcomes you ! We invite you to access and use our online services (“Services”), which are made available to you through our website located at Privacy Policy (the “Website”).

We provide Visitors and Registered Users (all as defined below) access to our Website and Services subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by signing up, accessing and/or using the Services, you represent and warrant that you are at least 18 years of age and you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website and/or the Services.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. DESCRIPTION AND USE OF OUR WEBSITE AND SERVICES

We provide Visitors and Registered Users with access to the Website and the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) e-mail us.

Registered Users. Registered Users can do all the things that Visitors can do, and can: (i) create, access, manage, and update their own personal accounts on the Website; and (ii) obtain insurance product quotes from third party insurance carriers (“Third Party Insurance Carriers”).

Talage is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Talage may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

We are a licensed insurance agency. We do not underwrite any insurance policy for which quotes are made available to you through the Services. Any insurance policy premium quotes or ranges displayed on the Website or through the Services are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application. Insurance products and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The third-party insurance products offered for sale through the Services are only available in the jurisdictions in which we are properly licensed. We are not a party to any transaction between the Third Party Insurance Carriers and you. If you choose to purchase any third party insurance products based on the quotes provided to you through the Services, you shall finalize the transaction directly with the applicable Third Party Insurance Carrier and such transaction will be subject to the terms and conditions of the applicable Third Party Insurance Carrier. In the event of a conflict between this Agreement and any such other terms, the terms of such other terms will control.

2. COMMUNITY GUIDELINES

Talage’s community, like any community, functions best when its users follow a few simple rules. By using the Website and/or by accessing and/or using the Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

• You will comply with all applicable laws in your use of the Website and the Services and will not use the Website and the Services for any unlawful purpose;
• You will not “stalk,” threaten, or otherwise harass another person;
• You will not spam or use the Website and the Services to engage in any commercial activities;
• You will not access or use the Website and the Services to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Website and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website and the Services;
• You will not use any robot, spider, scraper, or other automated means to access the Website and the Services for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
• You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, the Services, or any portion of the Website and the Services, without notice, and to remove any content that does not adhere to these Community Guidelines.

3. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Talage will not be liable for any loss or damage caused by any unauthorized use of your account.

4. COLLECTION AND USE OF PERSONAL INFORMATION

Your use of the Services may involve the transmission to us of certain Personal Information. Our policies with respect to our collection and use of such information are set forth in our Privacy Policy, which is hereby incorporated by reference in its entirety.

5. FEES AND PAYMENT

The Services are currently provided to you for free. However, we reserve the right to begin charging fees at any time upon notice to you.

6. INTELLECTUAL PROPERTY

The Website and the Services contain material, such as videos, course work, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Talage (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may view all publicly-available Content for your own personal, non-commercial use. Other than as expressly set forth in this Agreement, you have no other rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Talage. Talage retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content, the Website and the Services automatically terminates.

The trademarks, service marks, and logos of Talage (the “Talage Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Talage. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Talage Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Talage Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

7. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

8. NO WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITE, THE SERVICES, OR ANY CONTENT.

THE INSURANCE PRODUCT QUOTES PROVIDED THROUGH THE SERVICES ARE BASED ON PRELIMINARY DATA PROVIDED BY YOU AND RECEIVED BY US. THE INSURANCE PRODUCT QUOTES SHOULD NOT BE INTERPRETED AS FINANCIAL OR INSURANCE ADVICE, OR AS A RECOMMENDATION TO BUY OR FOREGO ANY INSURANCE PRODUCT, WITHOUT DOING FURTHER RESEARCH ON YOUR OWN OR WITH A FINANCIAL OR INSURANCE PROFESSIONAL.

ANY AND ALL INSURANCE PRODUCTS QUOTED THROUGH THE SERVICES ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE THIRD PARTY INSURANCE CARRIER PROVIDING SUCH PRODUCTS. ANY AND ALL QUESTIONS, CONCERNS OR DISPUTES WITH ANY SUCH PRODUCTS SHOULD BE RAISED WITH THE THIRD PARTY INSURANCE CARRIER PROVIDING SUCH PRODUCTS AND NOT WITH US. ANY CLAIMS ARISING UNDER SUCH PRODUCTS SHOULD BE DIRECTED OR RAISED WITH THE THIRD PARTY INSURANCE CARRIER PROVIDING SUCH PRODUCTS AND NOT WITH US.

THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE AND THE SERVICES. THE WEBSITE AND THE SERVICES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITE AND/OR THE SERVICES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE AND THE SERVICES FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE WEBSITE, THE SERVICES, AND THE CONTENT AT YOUR OWN RISK; AND (II) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY INSURANCE PRODUCTS YOU PURCHASE THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. EXTERNAL SITES

The Website may contain links to third-party Website (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all Website to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Website, the Services and/or the Content; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.

11. COMPLIANCE WITH APPLICABLE LAWS

The Website and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website and/or the Services at any time without prior notice or liability.

13. MISCELLANEOUS

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.” This Agreement shall be governed by and construed in accordance with the laws of the State of California. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of California.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Last Update: March 15, 2016