Terms Of Use - BuilderCertified Insurance Services

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Legal >> Terms Of Use

General. Certain Services provided hereunder contemplate accessing AxisPointe's website (the "Website"), as explained more fully in the applicable exhibits attached hereto. With respect to the Website:
1. Prohibited Uses. Except as expressly permitted in this Agreement, Builder may not display or print the Website and in no event may Builder broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Website. Additionally, Builder agrees to comply with all applicable laws (including without limitation any applicable export controls) in connection with Builder's use of the Website and with such further limitations or rules as may be set forth on the Website. Without limiting the foregoing, Builder agrees not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that:
  1. Is copyrighted, unless Builder is the copyright owner
  2. Reveals trade secrets, unless Builder owns them
  3. Infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right
  4. Is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity
  5. Is sexually-explicit
  6. Constitutes advertisements or solicitations of business, chain letters or pyramid schemes
  7. Contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information
  Builder further agrees not to
  1. Use any incomplete, false or inaccurate biographical information or other information for purposes of registering
  2. Delete or revise any material or other information of any other user of the Website
  3. Take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure
  4. Use any device, software or routine to interfere or attempt to interfere with AxisPointe's providing of the Services or any activity being conducted on the Website
  5. Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engine and search agents available from the Website and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator)
  6. Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Website
2. Website Security. Builder is prohibited from violating or attempting to violate the security of the Website, including without limitation:
  1. Accessing data not intended for Builder or logging into a server or account that Builder is not authorized to access
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
  3. Attempting to interfere with service to any user, host or network, including without limitation by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Website
  4. Sending unsolicited e-mail to any user of the Website, including promotions and/or advertising of products or services
  5. Forging any TCP/IP packet header or any part of the header information in any e-mail or posting generated in connection with the Services
  Violations of system or network security may result in civil or criminal liability. AxisPointe will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. AxisPointe reserves the right to review postings on the Website, to remove any postings, and to terminate Builder's ability to communicate with, or post to, the Website at any time without notice, in AxisPointe's sole discretion.
3. Operation of Website. AxisPointe shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Website. AxisPointe reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although AxisPointe intends to use commercially reasonable efforts to make the Website and Services accessible, AxisPointe makes no representation, warranty or covenant that the Website or Services will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. AxisPointe may at any time discontinue the Website in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. AxisPointe shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph. Without limiting the foregoing, in the event the Website is no longer available to Builder, AxisPointe agrees to provide, at Builder's request, a CD-ROM archive of Builder's profiles and other stored information relating to the Services, as applicable, at cost, plus a 10% handling fee.
4. Links to Third-Party Services. The Website may contain links to third-party websites or other services (the "Linked Content"). The Linked Content is not under the control of AxisPointe, and AxisPointe is not responsible for the Linked Content, including without limitation links contained in the Linked Content, or any changes or updates to Linked Content. AxisPointe is providing Linked Content to Builder only as a convenience, and the inclusion of such Linked Content is not an endorsement by AxisPointe of such Linked Content. If Builder decides to access any Linked Content, Builder does so at Builder's own risk.
Website Registration and Password.
1. User Identity. If Builder registers on the Website, Builder will create a user identity ("User Identity"), which will be Builder's identity for purposes of interacting with other users through the Website. The User Identity will include certain personally identifying information. Builder is responsible for ensuring that Builder is comfortable making such information available to other Website users.
2. Passwords; Access. Builder shall keep confidential, shall not disseminate, and shall use solely in accordance with the terms and conditions of this Agreement, Builder's User Identity, username and password for the Website. Builder shall immediately notify AxisPointe if Builder learns of or suspects:
  1. Any loss or theft of Builder's User Identity, username or password
  2. Any unauthorized use of Builder's User Identity, username or password, or of the Website
  In the event of such loss, theft, or unauthorized use, AxisPointe may impose on Builder, at AxisPointe's sole discretion, additional security obligations.
3. Security Breach. If any unauthorized person obtains access to the Website as a result of any act or omission by Builder, Builder shall use Builder's best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform AxisPointe. Builder shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Ownership; Rights to Use.
1. Website and Services Generally. As between Builder and AxisPointe, AxisPointe will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in, to or relating in any way to the Website and Services, and in all media now known or later devised relating thereto, to the fullest extent provided under United States and international law. Builder shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Website or any portion thereof. Builder shall not use or permit any third party to use the intellectual property or proprietary information, or name, trademarks, trade names, or trade dress of AxisPointe, without the prior written consent of AxisPointe, as determined in its sole discretion, for each such use.
2. Rights of AxisPointe. Upon Builder's submission of any information, data or materials to AxisPointe or the Website in connection with AxisPointe providing the Services, Builder grants AxisPointe and its agents a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such information, data and materials.