NCJUA/NCIUA TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
AS THEY GOVERN YOUR ACCESS TO AND USE OF, THIS WEB
SITE PROVIDED BY THE NORTH CAROLINA JOINT
UNDERWRITING ASSOCIATION (NCJUA) AND THE NORTH
CAROLINA INSURANCE UNDERWRITING ASSOCIATION
(NCIUA) (THE ASSOCIATIONS). ADDITIONAL TERMS MAY
APPLY TO YOUR ACCESS AND USE OF DIFFERENT
PORTIONS OF THIS WEB SITE; ANY ADDITIONAL TERMS
WILL BE POSTED IN THE “TERMS AND CONDITIONS”
SECTION ASSOCIATED WITH THAT PARTICULAR PORTION
OF THE WEB SITE. IF YOU USE THIS WEB SITE, YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Copyright Notice
©2000-2005 NCJUA/NCIUA, All Rights Reserved
License and Reproduction
Original material of the Associations posted on this web site is
protected by intellectual property laws. You are granted a
nonexclusive, nontransferable, limited and revocable right to access,
use, display and navigate this web site solely for your personal,
non-public use. You are also granted a limited and revocable license
to print copies of any Content accessible from this web site (the
“Content”), but solely for your personal, non-public use. EXCEPT
AS EXPRESSLY PROVIDED ABOVE, ALL RIGHTS ARE
RESERVED. ANY COMMERCIAL OR PUBLIC USE OF THIS
WEB SITE OR ANY CONTENT IS STRICTLY PROHIBITED.
Except as expressly provided above, no portion of this web site, its
Contents or any copyright, trademark, trade name, service mark or
any other proprietary information of the Associations (collectively,
the “Intellectual Property”), displayed on this web site or on any of
the Content may be reproduced, altered, removed, transmitted,
published or distributed, whether electronically, mechanically, by
photocopy, recording or otherwise, without the prior written
permission of the Associations that owns the Intellectual Property.
Use of any trademarks of the Associations as metatags on any thirdparty web site is strictly prohibited. You may not co-brand this web
site or display this web site in frames (or any of the Content via inline links) without the prior written permission of the Associations.
“Co-branding” means your display of any of the Intellectual
Property, or your taking of other means of attribution or
identification of the Associations in such a manner reasonably likely
to give a third party the impression that you or such third party has
the right to display, publish or distribute this web site or any
Content. You agree to cooperate with the Associations in causing
any unauthorized co-branding, framing or linking to cease
immediately.
Personal Information
See our Privacy Policy.
Operation of Web site
The Associations operates this web site from its offices in North
Carolina. The Associations do not represent that Content on this
web site is appropriate or available for use in other locations, and
access from certain locations may be strictly prohibited. You
acknowledge and agree that you are accessing this web site on your
own initiative, at your own risk, and are responsible for compliance
with all local laws. These Terms and Conditions shall be governed
by and construed in accordance with the laws of the United States
and the State of North Carolina. You consent to exclusive
jurisdiction and venue in Wake County, North Carolina and waive
the defense of forum non convenience.
Linking
As a convenience to you and other visitors to this web site, the
Associations may authorize third-party links to this web site and/or
may provide links to third-party web sites and the Content posted on
such sites, and the Associations make no representations and
disclaims all liability as to the Content or material available at those
locations, the accuracy of information and the quality of products or
services provided or advertised on such third-party sites. Moreover,
any link to any third-party site or from a third-party site to this web
site (whether or not authorized) does not constitute any express or
implied sponsorship, affiliation or endorsement of such third-party
site.
Spamming and solicitation
You may not use any information obtained from this web site for
spamming or solicitation.
Disclaimer of Warranties
THE ASSOCIATIONS DISCLAIM ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS
WEB SITE IS MADE AVAILABLE “AS IS,” WITHOUT ANY
WARRANTIES WHATSOEVER ABOUT THE NATURE,
CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS
A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL
AT ON THE SITE, AND WITHOUT ANY REPRESENTATIONS
OR GUARANTEES. IN ADDITION, THE ASSOCIATIONS
MAKES NO REPRESENTATIONS, WARRANTIES OR
GUARANTEES THAT THIS WEB SITE WILL BE SECURE,
ACCESSIBLE
CONTINUOUSLY
AND
WITHOUT
INTERRUPTION, OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL THE ASSOCIATIONS, AND THEIR
RESPECTIVE SERVICE, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS (“THE REPRESENTATIVES”) BE LIABLE TO
YOU, WHETHER AT LAW OR IN EQUITY, FOR CLAIMS AND
LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY
WAY RELATED TO YOUR ACCESS OR USE OF THIS WEB
SITE OR ITS CONTENTS. THE ASSOCIATIONS AND THEIR
RESPECTIVE REPRESENTATIVES WILL NEVER BE LIABLE
TO YOU FOR ANY DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
ANY SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY
THIRD PARTIES ARISING OUT OF OR IN ANY WAY
RELATED TO YOUR ACCESS TO, OR USE OF, THIS WEB
SITE OR ANY OF ITS CONTENTS, WHETHER SUCH
DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY
OF LAW OR EQUITY.
Remedies
Your access and use privileges of this web site and its Content are
conditioned upon your adherence to these Terms and Conditions.
The Associations have the right to deny you access and use of this
web site and its Content if you violate (as the Associations may
determine in their sole and absolute discretion) any provision of
these Terms and Conditions. The Associations reserve the right to
seek all other remedies available at law and in equity. You agree, at
your own expense, to defend, indemnify and hold the Associations
and their respective Representatives harmless from any claim or
demand made by a third party in connection with or arising out of
your access to or use of (1) the web site or any of its Content in a
manner other than as expressly authorized by these Terms and
Conditions, (2) your breach of these Terms and Conditions or (3)
your violation of applicable laws or any rights of any third party.
You further agree to pay for the reasonable attorneys’ fees incurred
by the Associations in responding to those claims and demands
outlined just above.
Entire Agreement
Excerpt to the extent of additional terms imposed by different
portions of this web site, these Terms and Conditions set forth the
entire understanding between the Associations and you with respect
to your access to, and use of, the web site and the Content and
supersedes all prior or contemporaneous understandings regarding
your access and use.
Severability
In the event that any portion of these Terms and Conditions is ruled
invalid or otherwise unenforceable, the remainder of these Terms
and Conditions shall not fail on account thereof, and shall continue
in full force and effect. Any invalid or unenforceable portion should
be construed as narrowly as possible in order to give effect to as
much of these Terms and Conditions as possible.
Waiver
The Associations failure, in any instance, to exercise any of its rights
under these Terms and Conditions will not constitute waiver of such
right or any other rights under these Terms and Conditions.
Right to Modify
The Associations reserve the right to modify these Terms and
Conditions and the Content of the web site at any time in the
Associations’ discretion. Your use of this web site after such
changes are implemented constitutes your acceptance of the
changes.
Updated July 15, 2005