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Updated: August 10, 2005
PLEASE READ THESE TERMS AND CONDITIONS OF
SERVICE ("TERMS") BEFORE USING THIS
SITE. By continuing to access or use this
site or any service on this site, you signify
your acceptance of the TERMS. From time to
time, Pacific Financial Group ("PFG")
may modify the TERMS. Accordingly, please
continue to review the TERMS whenever accessing
or using this site. Your use of this site,
or any service on the site, after the posting
of modifications to the TERMS will constitute
your acceptance of the TERMS, as modified.
If, at any time, you do not wish to accept
the TERMS, you may not use the site. Any terms
or conditions proposed by you that are in
addition to or which conflict with the TERMS
are expressly rejected by PFG and shall be
of no force or effect.
1. User Assent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the TERMS for 1pfg.com. You further agree: (i) to comply with applicable U.S. federal, state, local, and foreign laws and regulations regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TERMS; (ii) not to use the Service for illegal purposes; and (iii) not to interfere or disrupt networks connected to the Service.
2. Disclaimer. All content provided on this Web site is based upon information which we believe to be reliable and should be understood to be general insurance information only. It is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such. Insureds should consult their insurance advisors with respect to individual coverage issues.
3. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with this Web site are owned by PFG, or third parties who have authorized their use. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Service. You agree to notify PFG in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party.
4. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TERMS. You agree to use the Service solely for your personal use and benefit or that of your organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of PFG. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by PFG and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of PFG and such others. You agree to protect the proprietary rights of PFG and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by PFG or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify PFG in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
5. Further Restrictions
on Use. YOU MAY NOT COPY, REPRODUCE,
RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM,
MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS
FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART
OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD
MATERIAL FROM THE SERVICE AND/OR MAKE PRINT
COPIES FOR USE BY YOU AND/OR WITHIN YOUR ORGANIZATION,
PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT
AND OTHER PROPRIETARY NOTICES. THE ANALYSIS
AND PRESENTATION INCLUDED IN THE SERVICE MAY
NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED
BY YOU WITHOUT PFG'S PRIOR WRITTEN CONSENT.
MODIFICATION OF THE SERVICE'S CONTENT WOULD
BE A VIOLATION OF PFG'S COPYRIGHT AND OTHER
PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY
NOT OFFER ANY PART OF THE SERVICE FOR SALE
OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING
BUT NOT LIMITED TO OVER-THE-AIR TELEVISION
OR RADIO BROADCAST, A COMPUTER NETWORK OR
HYPERLINK FRAMING ON THE INTERNET WITHOUT
THE PRIOR WRITTEN CONSENT OF PFG. THE SERVICE
AND THE INFORMATION CONTAINED THEREIN MAY
NOT BE USED TO CONSTRUCT A DATABASE OF ANY
KIND. NOR MAY THE SERVICE BE STORED (IN ITS
ENTIRETY OR IN ANY PART) IN DATABASES FOR
ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE
ANY DATABASE SERVICES CONTAINING ALL OR PART
OF THE SERVICE. YOU MAY NOT USE THE SERVICE
IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA
SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY.
FURTHERMORE, YOU MAY NOT USE ANY OF PFG'S
NAMES OR MARKS IN ANY MANNER THAT CREATES
THE IMPRESSION SUCH NAMES OR MARKS BELONG
TO OR ARE ASSOCIATED WITH YOU OR IMPLY ANY
ENDORSEMENT BY PFG, AND YOU ACKNOWLEDGE THAT
YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY
OF THESE NAMES OR MARKS. YOU WILL NOT USE
THE SERVICE, THE INFORMATION CONTAINED THEREIN
OR ANY OF PFG'S NAMES OR MARKS IN UNSOLICITED
MAILINGS OR SPAM MATERIAL AND WILL NOT SPAM
OR SEND UNSOLICITED MAILINGS TO ANY PERSON
OR ENTITY USING THE SERVICE.
6. License. You acquire no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the TERMS.
7. Linking And Framing. PFG prohibits caching this Web site, unauthorized hypertext links to this Site, and the framing of any materials available through this Site. PFG reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to this Site. Other internet sites which are linked to this Web site have their own terms and conditions of use and privacy policies. Access to any other Internet sites linked to this Web site is at your own risk and PFG expressly disclaims any and all liability related to such Web sites.
8. Linking - Additional Terms. (1) By linking to this Web site, you represent that you have read and agree to be bound by the TERMS. (2) Upon linking to this site pursuant to the Terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use the PFG name solely for providing an underlined, textual link from your Web site to www.1pfg.com, and for no other use. (3) You may include a link(s) on your Web site only to the 1pfg.com home page, currently located at http://www.1pfg.com ("Home Page") provided that you first send to PFG via email to contact@1pfg.com: (a) your name or the name of the technical contact responsible for the link(s); (b) the name of your company; (c) the email address and telephone number for you or the technical contact responsible for the link(s); and (d) the Web site address(es) where the link(s) to the Home Page will appear. (4) Without specific, written consent by PFG, you may not link to an internal or subsidiary page of this Web site that is located one or several levels down from the Home Page ("deep link"), or bring up or present content of this Web site within another Web site ("frame").
9. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service shall, as between you and PFG, at all times be and remain the sole and exclusive property of PFG. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to PFG.
10. Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND THAT PFG MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. PFG DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR IS FREE OF ERRORS OR VIRUSES, WORMS OR "TROJAN HORSES" AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. YOU AGREE THAT PFG, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF PFG, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE; OR (II) ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SERVICE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SERVICE ON SUCH EQUIPMENT. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE IS NOT MAINTAINED OR CONTROLLED BY PFG. PFG IS THEREFORE NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEB SITES, SERVICES OR GOODS THAT MAY BE LINKED TO, OR ADVERTISED ON, THE SERVICE. PFG DOES NOT: (A) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE SERVICE; (B) GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR ADEQUACY OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE; OR (C) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE. PFG IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU UNDERSTAND THAT PFG AND/OR THIRD-PARTY CONTRIBUTORS TO THE SERVICE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS.
11. Limitation of Liability.
YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING
BUT NOT LIMITED TO NEGLIGENCE, SHALL PFG,
ITS SUPPLIERS OR ITS THIRD-PARTY AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED
REPRESENTATIVE OF PFG HAS BEEN ADVISED SPECIFICALLY
OF THE POSSIBILITY OF SUCH DAMAGES, ARISING
FROM USE OF OR INABILITY TO USE THE SERVICE
OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY
PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED
TO, LOSS OF REVENUE OR ANTICIPATED PROFITS
OR LOST BUSINESS. THIS LIMITATION ON LIABILITY
INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION
OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT,
FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT
OR COMMUNICATION LINES, UNAUTHORIZED ACCESS,
OR ANY FORCE MAJEURE. PFG CANNOT AND DOES
NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR
SECURE ACCESS TO THE SITE. (Applicable law
may not allow the limitation or exclusion
of liability or incidental or consequential
damages.)
12. Representations and Warranties. You represent, warrant and covenant that you: (i) have the power and authority to enter into this agreement; (ii) are at least eighteen (18) years old; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Service only as set forth in these TERMS.
13. Indemnification.
You agree, at your own expense, to indemnify,
defend and hold harmless PFG and its employees,
representatives, Suppliers and agents, against
any claim, suit, action or other proceeding,
to the extent based on or arising in connection
with your use of the Service, or any links
on the Service, including, but not limited
to: (i) your use or someone using your computer's
use of the Service; (ii) a violation of the
TERMS by you or anyone using your computer;
(iii) a claim that any use of the Service
by you or someone using your computer infringes
any copyright, trademark, or other intellectual
property right of any third party, or any
right of personality or publicity, is libelous
or defamatory, or otherwise results in injury
or damage to any third party; (iv) any deletions,
additions, insertions or alterations to, or
any unauthorized use of, the Service by you
or someone using your computer; or (v) any
misrepresentation or breach of representation,
warranty or covenant made by you contained
herein. You agree to pay any and all costs,
damages and expenses (including reasonable
attorneys' fees) and costs awarded against
or incurred by or in connection with or arising
from any such claim, suit, action or proceeding.
14. Termination. Either you or PFG may terminate this agreement with or without cause at any time and effective immediately. You may terminate by discontinuing use of the Service and destroying all materials obtained from the Service. This agreement will terminate immediately without notice from PFG if PFG determines, in its sole discretion that you have failed to comply with any provision of these TERMS. Upon termination by you or upon notice of termination by PFG, you must promptly destroy all materials obtained from the Service and any copies thereof. Sections 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive any termination of this agreement.
15. Governing Law. These TERMS
shall be governed and construed in accordance with the
laws of the United States of America and the State of California, without giving effect to conflicts-of-law principles
thereof. You agree to submit to the personal jurisdiction
of the state and federal courts located in Orange County
with
respect to any legal proceedings arising out of this agreement
and waive any objection to the propriety or convenience
of venue in such courts. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of this Site or these
terms and conditions must be filed within one (1) year after
such
claim or cause of action arose. If any provision of the
TERMS is found by a court of competent jurisdiction to
be invalid or unenforceable, such provision shall be enforced
to the maximum extent permissible and the other provisions
of the TERMS shall remain in full force and effect.
16. Access Outside the
United States. If you choose to access
the Service from outside the United States,
you are responsible for compliance with foreign
and local laws. PFG does not provide insurance
brokerage, third party administrator, or other
services to governments, governmental agencies,
other groups, individuals, or any of their
agents which are subject to U.S. trade sanctions,
including, without limitation, to the following
Embargoed Persons: (i) governments, government
agencies, businesses organized in, and nationals
or residents of any embargoed governments
or regimes or (ii) to anyone on the U.S. Treasury
Department's Office of Foreign Asset Control's
lists of Specially Designated Nationals, Specially
Designated Global Terrorists, and Foreign
Terrorist Organizations. By using the Service,
you represent and warrant that you are not
an Embargoed Person and are not controlled
by or acting as an agent of any such an Embargoed
Person.
17. Miscellaneous. You acknowledge that PFG has the right to change the content or technical specifications of any aspect of the Service at any time at PFG's sole discretion. You further accept that such changes may result in your being unable to access the Service.
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