LICENSE AGREEMENT AND DISCLAIMER OF WARRANTIES

This agreement between the person or entity using this product and Insurance Marketing & Management Services and/or any of its subsidiaries (IMMS) supersedes any previously existing agreements regarding the subject matter hereof.

The terms of the agreement cover the product, defined as IMMS Membership.

This product is licensed to the user and not sold.

Product License

This license permits the user to use the individual documents contained in the product.

The license grants no right to redistribute, recirculate, or infringe the compilation and presentation of these documents.

The user may not rent, lease, or lend either the product or access to it.

Copyright

The product is protected by copyright laws and international treaty provisions and the user agrees to treat the product as protected copyright material, except as provided for in the licensing agreement.

IMMS expands valuable resources in compiling, organizing and presenting the product, and while IMMS does not assert any copyright interest in the individual documents, it does assert all applicable rights in the product. (The originators of each document may have reserved rights in conjunction with their exploitation.)

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Warranty

IMMS compiles the documents in the product from a variety of sources and does not draft or create them. IMMS makes no warranties as to the contents of the documents. Reference herein to any specific product, process, or service by trade name, trademark, service mark, manufacturer, downloadable literature/information, or otherwise does not constitute or imply endorsement, recommendation or favoring by IMMS.

THE PRODUCTS AND ALL MASTER COPIES ARE PROVIDED "AS IS."

IMMS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCT PROVIDED UNDER THIS AGREEMENT.

IN NO EVENT WILL IMMS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE BREACH OF THIS AGREEMENT, EVEN IF IMMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (SINCE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITATION OR EXCLUSION MAY NOT APPLY).

This Product is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that IMMS is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

The information in the product has not been customized for your particular business situation, thus creating no special relationship of reliance between the user and IMMS.

This agreement shall be governed by California law, excluding: (i) that body of law known as "conflicts of law" and (ii) the United Nations Convention on Contracts for the Sale of Goods.

If the terms of this licensing agreement are unacceptable, do not install or use this product; however, the user may return the product or cancel the subscription within three (3) days of purchase for a full refund.

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Discussion Forums

All above terms and conditions apply to the IMMS Discussion Forums, which provide information and commentary within IMMS Membership/P&C Plus. Under no circumstances shall IMMS, any of its subsidiaries, or the various Discussion Forum moderators, be liable for direct, indirect, or incidental damages resulting from your use of that information or commentary. You agree to indemnify the above parties and hold them harmless from any actions, claims, proceedings, or liabilities arising from your use.

Conduct

You agree to use these Discussion Forums for lawful purposes only. You may not use, or allow others to use, the Discussion Forums to: Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory; Post or transmit any material that you do not have a right to transmit under law (such as copyright) or under contractual or fiduciary relationships (as in nondisclosure agreements); Post, transmit, or link to sexually explicit material; Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; Post or transmit statements that are intentionally false or misleading; Post or transmit chain letters or pyramid schemes; Post or transmit any advertising, promotional materials, or other solicitation; Offer, sell, or buy any security; Intentionally violate applicable law, including the regulations of such governmental agencies as the U.S. SEC.

You are responsible for all statements made and acts that occur through the use of your subscription and password. Please don't disclose your password to anybody. If your password has been stolen, you must let us know. IMMS may at any time, and at its sole discretion, terminate your subscription without prior notice to you for violating the above provisions.

While we can't review all transmissions by subscribers in the forum, IMMS reserves the right to, and may from time to time, monitor any information transmitted or received through our service. IMMS, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards) that we deem inappropriate or that violates any of this agreement. You agree to indemnify, defend, and hold harmless IMMS from and against any claim, liability, cost, damage or loss it may incur (including, without limitation, attorneys fees) as a result of any violation by you of your obligations under this agreement.

Hyperlinks

At certain places on the IMMS Web site, live links to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained or otherwise posted by institutions or organizations independent of IMMS. IMMS does not endorse, approve, certify or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such addresses. Reference herein to any specific product, process, or service by trade name, trademark, service mark, manufacturer, downloadable literature/information or otherwise does not constitute or imply endorsement, recommendation or favoring by IMMS.

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