Terms and Conditions of Use

OWNERSHIP OF SITE; AGREEMENT TO TERMS AND CONDITIONS

These Terms and Conditions of Use ("Terms of Use" or “user agreement,” whether or not capitalized) apply to [FILL IN SITE ADDRESS] all related software owned, operated, licensed, and controlled by Confirm Insurance, including its related, affiliated, or subsidiary companies (together, "Confirm Insurance,” “Provider,” or “we,” etc.), and all associated websites, including but not limited to those websites associated with our clients and used by their Tenants for opting out of a Program (collectively, the "Site" or the “Sites”). It also provides information related to the Services provided by us. Capitalized terms used in this Paragraph are defined below.

The Site is the property of Provider and is provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully. These Terms of Use are intended to make you aware of the terms and conditions of your use of the Site. By using this Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE SITE.

We reserve the right at its sole discretion to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

These Terms of Use should be read in conjunction with the Privacy Policy that is also available on this website.

SERVICES

Confirm Insurance provides a mechanism for tenants (“Tenants” or “you,” etc.) to submit personal liability insurance policies for review according to the terms of the leases they enter into with Landlords (“Landlord”); tenants submitting policies in compliance with certain requirements of those leases (“Lease Requirements”) may be opted out of programs offered by their Landlords (“Services,” which term may be used to refer to the use of the sites to opt out of a Program when specified herein). The Lease Requirements are determined entirely by the Landlord; Confirm Insurance has no control over, and bears no responsibility or liability for, the Lease Requirements.

INTELLECTUAL PROPERTY

This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Provider, its affiliates or third parties and all right, title and interest therein shall remain the property of Provider, its affiliates and/or such third parties (collectively, the "Content"). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with Provider. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the internet, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Provider.

SITE SECURITY

As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Tenant or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Provider network or breach security or authentication measures without proper authorization; or (iv) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability and Provider has the right to suspend or terminate your access and refuse any and all current or future use of the Services.

Only authorized users may access or use the password protected and/or secured areas of the Site. If required, you will create account login information, including a password, when enrolling to use any services through this site. You are solely responsible for maintaining the confidentiality of the username and password you designate. You agree to immediately notify Provider of any disclosure or unauthorized use of your login information or any other breach of security. Provider is not liable for damages caused by your failure to comply with this section. Provider reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice or liability.

CONDITIONS, LIMITATIONS, DISCLAIMERS, LIMITS OF LIABILITY, AND INDEMNITIES FOR USE OF THIS SITE

Conditions and limitations

• This Site contains links to sites maintained by third parties. Provider is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
• You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information.
• To use the Site, you agree that you are providing the following representations: (1) that you are over the age of 18; (2) that all information provided by you to us is truthful, accurate and complete; (3) you understand that you are authorizing Provider to retain a copy of the information and documentation you submit through the Site.
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No Warranty

• EPROVIDER DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PROVIDER CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PROVIDER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT BECAUSE PROVIDER OBTAINS DATA FROM THIRD PARTIES THAT THE INFORMATION MAY, OR MAY NOT BE, COMPLETELY THOROUGH AND ACCURATE. YOU SHALL NOT RELY UPON US FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED IN USING THE SERVICES.

Limitation of Liability

• EXCEPT WHERE PROHIBITED BY LAW, NEITHER PROVIDER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, PROVIDER'S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE OR SERVICES.

Indemnity

• By using the Site, you agree to defend, indemnify, and hold harmless Confirm Insurance from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Confirm Insurance may become obligated to pay arising or resulting from your use of this Site or your breach of these Terms of Use. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Some jurisdictions do not allow the exclusion of certain warranties, certain limitations on liability, and/or certain indemnities. Accordingly, some of the foregoing limitations may not apply to you.

APPLICABLE LAW

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Montana and you hereby consent to the exclusive jurisdiction and venue of courts in the state and federal courts in the State of Montana in all disputes arising out of or relating to the use of the Services. You agree that all claims or causes of action shall be brought within one (1) year of the time the claim or cause of action arose or be forever barred. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Provider as a result of these Terms of Use or use of the Sites. Provider’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of PROVIDER’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by PROVIDER with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and PROVIDER with respect to the use of the Sites, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PROVIDER with respect to the Sites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Site and its Content are directed to persons residing in the United States. You may not use or export or re-export any portion of this Site or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and

EXPORT RESTRICTIONS

You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.

NO ASSIGNMENT

You may not assign these Terms of Use. A determination that any provision of this User agreement is unenforceable or invalid shall not render any other provision of this User agreement unenforceable or invalid.