PLATINUM SUPPLEMENTAL INSURANCE, INC.
137 MAIN STREET
DUBUQUE, IA 52001
Website Terms and Conditions of Use
ACCEPTANCE OF TERMS AND CONDITIONS
“ Platinum Supplemental Insurance, Inc.” provides an interactive online service operated on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities provided by Platinum, affiliates of Platinum and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to the End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Platinum, and Platinum shall not be responsible for any data lost while transmitting information on the Internet. While it is Platinum’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason, including, but not limited to, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Platinum, access to the Site may be interrupted, suspended or terminated from time to time.
Platinum shall have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, content, hours of availability, and equipment needed for access or use. Further, Platinum may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Platinum shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
5. End User Conduct
6. Copyright and Trademarks
Everything located on or in this Site, including the Microsites, is the exclusive property of Platinum or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF PLATINUM SERVICES, INC IS STRICTLY PROHIBITED.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Platinum Supplemental Insurance, Inc. protected by copyright as a collective work under the United States copyright laws. Platinum owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the original content to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download/print/save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Platinum and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
End User acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material. Any and all Trademarks that are located on this Site or another website with which Platinum is affiliated are for the exclusive benefit and use of Platinum, unless otherwise expressly stated. End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right. Platinum does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Platinum the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User hereby grants Platinum the right to edit, copy, publish and distribute any material made available to the Site by End User. These provisions apply equally to and are for the benefit of Platinum, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
All rights in respect of the Platinum Supplemental Insurance, Inc ® trademark (Reg. No. 2392797 and Serial No. 75624384) and the Platinum Insurance ® trademark (Serial No. 77181654) are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners.
7. Disclaimer of Warranty; Limitation of Liability
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER PLATINUM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
END USER SPECIFICALLY ACKNOWLEDGES THAT PLATINUM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH END USER. IN NO EVENT SHALL PLATINUM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER PLATINUM NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PLATINUM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY PLATINUM. MOREOVER, PLATINUM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE.
Platinum has the right, but not the obligation; to monitor the content of the Site at all times in order to determine compliance with this Agreement and to satisfy all applicable laws, regulations, or governmental requests. Platinum may remove any material from the Site that it finds, in its sole discretion, to be in violation of any of the terms or conditions hereof or that Platinum otherwise finds objectionable.
10. License Grant
By posting communications on or through this Site, End User shall be deemed to have granted to Platinum a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Platinum, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site and/or the Microsites by End User.
Platinum may terminate this Agreement at any time. Without limiting the foregoing, Platinum shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Platinum, in its sole discretion, considers to be unacceptable, or in the event of any breach by the End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, and 12 will survive the termination of this Agreement.
13. Third Party Content
Platinum, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other End Users are those of the respective author(s) or distributors and not of Platinum. Neither Platinum nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Section 6 above).
In certain cases the content available through the Site will represent the opinions of the respective information provider, End User, or other user not under contract with Platinum. Platinum neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than those authorized by Platinum while acting in official capacities. Under no circumstances will Platinum be liable for any loss or damage caused by an End User’s reliance on information obtained through the Site. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site.
The Site may contain links to third party websites maintained by other content providers. These links are provided as a convenience to the End User and should not be construed as an endorsement by Platinum of the contents of such third-party sites. Platinum hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access a linked third-party website, End User does so at his/her own risk. An End User may not provide a hyperlink to the Site from any other website without the express written permission of Platinum, which consent may be revoked at any time at Platinum’s sole discretion.
This Agreement and all other operating rules for the Site established by Platinum constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Platinum’s headquarters are located in Dubuque, Iowa. This Site and the use of this Site is governed by the laws of the State of Iowa (exclusive of its rules regarding conflicts of law).