Our Website offers general information, forms, email contact and payment acceptance.
The terms “us” or “we” or “our” refers to Independent Equine Agents, the owner of this Website. A “Visitor” is someone that merely browses our Website. A “Client” is someone who is a current policy holder. The term “User” is a collective identifier that refers to either a Visitor or a Client. All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Client, a third party, or by us, are collectively known as our “Content”.
Acceptance of Agreement
This Agreement is between you and Independent Equine Agents. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER. Except as otherwise noted, this Agreement constitutes the entire Agreement between you and Independent Equine Agents, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. However, you may also be required to agree to additional terms and conditions. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website. After any revisions to this Agreement are posted you agree to be bound to the changes. Therefore, it is important for you to visit this page periodically to review the Agreement.
Independent Equine Agents grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisorfranchisee relationship between you and Independent Equine Agents.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use these service marks or trademarks, without the prior written permission of Independent Equine Agents. Our Content, as found within our Website, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content is strictly prohibited. Your use of our Website does not grant you any ownership rights to our Content.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on our Website;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
By using our Website and/or Service, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement. Independent Equine Agents has sole right and discretion to determine whether to accept a User, with or without explanation.
The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up to-date. Similar to any printed materials, the Content may become out-of-date.
Corrections and Changes
We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website.
Our Website may be temporarily unavailable from time to time for maintenance or other reasons. Independent Equine Agents assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The information, content and documents from or through our website are provided “as-is”, “as available”, with “all faults”.
Limitation of Liability
Independent Equine Agents, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website, (e) the content contained on our Website, or (f) any delay or failure in performance of our Website beyond our control.
IN NO EVENT WILL INDEPENDENT EQUINE AGENTS, ITS OWNERS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSS, DAMAGE TO COMPUTER, MOBILE PHONE EQUIPMENT, OTHER HARDWARE, SOFTWARE OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE, EVEN IF INDEPENDENT EQUINE AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES.
Use of Information
You may not use this site to engage in any illegal activity. You may not use this site to engage in conduct which is defamatory, libelous, threatening, harassing or that infringes on a third party’s intellectual property or other proprietary rights.
We reserve the right to investigate violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities. You agree that any information you provide through this site will be truthful and accurate.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to/from other sites:
Independent Equine Agents may provide links to other Internet sites that we do not maintain. You should not interpret any link to/from other sites as indicating that Independent Equine Agents sponsors or endorses the sites or their materials or that the sites are affiliated with Independent Equine Agents in any manner. Independent Equine Agents is not responsible for anything contained on such sites and makes no warranties or representations about the contents, products or services offered on such sites.
You represent and warrant, if you are providing payment on this site, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you including any applicable taxes, and (iv) if your initial payment method is dishonored, you will pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
Request for coverage changes must be made in writing. Premium credits or debits will be calculated in accordance with the applicable insurance contract. Unearned premium and applicable taxes will be refunded to the named insured.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website.
Any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations or intellectual property shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Louisville, Kentucky and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Louisville, Kentucky necessary to protect the rights of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Louisville, Kentucky and shall be governed by and construed in accordance with the laws of the State of Kentucky without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Copyright © 2013 All Rights Reserved. This document, or any portion of, may not be copied or duplicated in any way without the written permission of Independent Equine Agents.