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FIRST TECH INSURANCE SERVICES

TERMS AND CONDITIONS OF USE

The following Terms and Conditions of Use govern the insurance information and services provided by First Tech Insurance Services ("Agency") and your use of the website insurance services provided by us. The Agency's web site services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this User Agreement. By accessing the website, you have indicated your acceptance and agreement to these Terms and Conditions of Use, and any amendments.

1.        Web Site Services. The Agency's web site services includes information and features that you can access and use, including: insurance quote information; insurance coverage information; and online claims initiation services for and any features or content we may add in the future. We refer to all of the above as the Agency's "web site insurance services. In continuing to use our web site, you agree to follow these terms of use as they may apply to you.

2.        Authorization. We may require you to choose a password to access secure areas of our website. You are responsible for maintaining the confidentiality of your password. You are fully responsible for all activities that occur using your password. Please notify us immediately of any unauthorized use of your password or any other breach of security. You may not use anyone else's password at any time. You authorize and consent to our access of and collection of your information from time to time at our discretion in order to provide or offer the insurance services to you. You acknowledge and agree that our access is based on your express consent in order to provide the services and does not constitute a breach of any privacy policy or a failure to safeguard the confidentiality of your insurance records. The Agency may rely on this authorization and consent until it receives your express revocation and has a reasonable time to act upon your revocation.

3.        Proprietary Information. You acknowledge and agree that we own all rights to our web site and the content displayed on the site. You are only permitted to use this content as expressly authorized by the specific web site service. Further, you agree not to reverse engineer or reverse compile any of our technology. The Agency's web site services are owned by the Agency or its affiliates or agents and are protected by United States trademark and copyright laws. All content, trademarks, service marks, trade names, images and logos are proprietary to or used with permission by the Agency, its affiliates or agents. Nothing on this web site should be construed as granting by implication or otherwise any license or right to use any trademark or proprietary material without the written permission of the Agency.

4.        Privacy Policy. We respect your privacy. The information you provide enables us to provide the services to you. It also enables us to give you updates about our services. We will not use or disclose any information you provide or any records collected on your behalf to any third party except as necessary to provide this service. We will use all means possible to protect the confidentiality of your personal information, including requiring any of the Agency's service providers to abide by the Agency's privacy policy and agreeing to maintain confidentiality of your records. Please keep in mind that whenever you voluntarily disclose personal information in the Agency's public areas, of this web site, that information can be collected and used by others. You agree to the terms of our Privacy Policy are which is incorporated herein. To view the Agency's Privacy Policy, go to Privacy Policy.

5.        Use Limitation. Your right to use the web site is personal to you; therefore, you agree not to resell or make any commercial use of the web site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, upload, post, distribute or create derivative works from, transfer, or sell any information, software, products or services obtained through the web site, including any material protected by the Agency's copyright or any other intellectual property right. As a condition of your use of the web site, you agree that you will not use the web site services for any commercial purpose not expressly authorized by the Agency in writing or any other purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use any service in any manner including uploading, posting or transmitting any material that contains viruses or any computer code which could damage, disable, overburden, interrupt, limit or impair any functionality of the web site or interfere with any other party's use and enjoyment of the web site.

6.        Links to Third Party Sites. The web site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of the Agency and the Agency is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Agency is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Agency of the site or any association with its operators. The Agency makes no effort to review the content of these sites, nor is the Agency responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, the Agency does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Agency does not pre-screen content, but that the Agency and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the Service.

7.        Disclaimer of Warranties.

YOU AGREE YOUR USE OF ANY WEBSITE SERVICE AND ALL INFORMATION AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, THE WEB SITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AGENCY OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

8.        Limitation of Liability. YOU AGREE THAT NEITHER THE AGENCY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES REQUESTED; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA BY ANYONE BEYOND OUR CONTROL; OR (iv) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY FEATURE OF THIS SITE, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

9.        Indemnification. You agree to indemnify and hold the Agency and our affiliates, and service providers harmless from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your actions related to your access codes, your use of the web site services, your violation of these Terms and Conditions of Use or your infringement, or infringement by any other user of your access code of any intellectual property.

10.     Modification of These Terms of Use. We reserve the right to change the terms, conditions, and notices under which any web site services are offered. You are responsible for regularly reviewing these terms and conditions. Any use of the web site services after any such changes shall constitute your consent to such changes.

11.     Termination/Access Restriction. The Agency reserves the right, in its sole discretion, to terminate your access to the Agency's web site and related services or any portion thereof at any time, without notice. You may cancel your use or secure service access at any time by notifying us in writing. Upon confirmation of your request, your access will be canceled and all your information will be deleted.

12.     General. This agreement is governed by the laws of the State of Oregon. You hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Oregon in all disputes arising out of or relating to the use of the web site. Use of the 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. This Agreement constitutes the entire agreement between you and First Tech Insurance Services with respect to the use of the Agency's web site and supersedes all prior or contemporaneous communications, whether electronic, oral or written. You agree a printed version of this Agreement and of 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.