Terms of Use

For the purposes of this document, “Company” is defined as Incisive Financial Services.

The following are terms of a legal agreement (“Agreement”) between you and Company. These terms and conditions apply to a user (“user,” “you,” or “your”) who accesses, browses and/or otherwise uses this Web site (“Site”) and/or the services provided by this Site (“Services”). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations.  If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. Please read this Agreement carefully as it governs your use of the Services and this Site. Incisive Financial Services and its subsidiaries and affiliates (collectively, “IFS”), give you the ability to access our content online at our site(s) on the World Wide Web (the “Website”). You can use the Website for online access to your personal accounts (if available), our product information, educational content, our services, and self-help tools as well as to conduct business electronically (if available) (“Online Activities”).  We also offer options to go Paperless, to subscribe to SMS texting services, and provide mobile applications/apps for your use (collectively “Other Services”).  The Website, Online Activities or Other Services are collectively referred to herein as Services

When you access the Services you’re agreeing to these terms and conditions of use, plus any additional terms or conditions within the Website itself (collectively “Terms and Conditions”). The Terms and Conditions are in addition to any other agreements between you and IFS.

IFS reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Such modification or change shall be effective upon posting by IFS on the Website. You agree to be bound to any changes to these Terms and Conditions when you use the Services after any such change is posted.

If you do not agree to be bound by the Terms and Conditions do not use the Services.

If you have any questions regarding this Agreement, or any agreement or document herein incorporated, please contact Company at info@incisivefinancialservices.com or info@ifsusa.net. 

This Agreement applies to your access to, and browsing and/or use of, this Site and the Services and does not alter in any way the terms and conditions of any other agreement you may have with Company for products, software, services or otherwise, unless otherwise directed by Company. If you breach any of these terms and conditions, your authorization to use this Site and the Services automatically terminates and you must immediately destroy any downloaded or printed Materials (as hereinafter defined) and discontinue use of any hyperlinks to this Site.

By accessing, browsing and/or using this Site and the Services, you consent to receiving electronic communications from Company. You agree that all notices, agreements, disclosures, and other communications that are sent to you electronically by Company shall satisfy any and all legal requirements that such communications be in writing.

You must be at least 18 years of age to use and/or subscribe to the Services.

Please read the Company Privacy Policy, which is hereby incorporated by reference. The Company Privacy Policy discusses and governs our collection and use of any information that is submitted to, or collected by, us. You understand that through your use of the Services and this Site, you consent to the collection and use (as set forth in the Privacy Policy) of registration data and certain other information about you, including the transfer of this information through and to the United States and/or other countries for storage, processing and use by Company.

Company may revise this Agreement at any time without notice by updating this posting. By accessing, browsing and/or otherwise using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound. Any new Materials, Content, Services or features on this Site shall be subject to this Agreement. The current version of this Agreement is dated October 8, 2021

1. Copyright. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files and the selection and arrangement thereof (the “Materials”) are copyrighted Materials, ALL RIGHTS RESERVED.
2. Trademarks. The trademarks and/or trade dress, service marks, trade names, and logos (the “Marks”) used and displayed on this Site are registered and unregistered trademarks of Company, its suppliers or other third parties. In addition, the Marks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the owner of the Mark(s) at issue. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Marks used or displayed on the Site, without the express written permission of Company or the owner of the Mark(s) at issue. The misuse of the Trademarks displayed on this Site is strictly prohibited.
3. Company Materials. This Site, the Materials, the Trademarks, the Services, including, without limitation, any of Company’s or its licensor’s Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof, are and shall remain the sole and exclusive property of the Company, its suppliers or other third parties.
4. Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this Site (collectively, the “Content”), are the sole responsibility of the person from whom such Content originated. You understand that Company does not control, and is not responsible for Content made available through this Site, and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via this Site.

You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.

You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.

You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.

Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.

You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.

You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.

5. General Disclaimer; Not an Offer or Solicitation. Unless explicitly stated otherwise, the content on the Site is for general information purposes only and is not intended to be taken as advice regarding any individual circumstance. This Site may provide materials or content that contains certain descriptions of insurance products and related services available by or through the Company. Such materials are intended for general description and information purposes only and, at all times, subject to the specific terms and conditions governing such products or services in addition to applicable law.

UNLESS EXPLICITLY STATED OTHERWISE, THE CONTENT OF THE WEBSITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO PURCHASE INSURANCE, INSURANCE SERVICES, OR INSURANCE RELATED PRODUCTS. ADDITIONALLY, NOTHING ON THIS WEBSITE CONSTITUTES INVESTMENT ADVICE OR AN OFFER TO SELL OR SOLICITATION TO PURCHASE SECURITIES OR INVESTMENT PRODUCTS OR RELATED SERVICES. AT ALL TIMES THE PURCHASE AND SALE OF SUCH PRODUCTS AND SERVICES SHALL BE GOVERNED BY APPLICABLE LAW (INCLUDING FEDERAL, STATE, AND LOCAL LAW OF YOUR JURISDICTION).

THE MATERIALS ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL SOFTWARE) (COLLECTIVELY, “MATERIALS”) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IFS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IFS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKE ANY OF THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IFS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT IFS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ALL EQUIPMENT, DATA, OR OTHER ITEMS. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES. IFS may make changes to the Materials and the product information at any time without notice and without obligation to update the Materials.

The information available on this Website is intended to be a general information resource regarding the matters covered, but is not offered as legal, tax, accounting or other professional advice, and is not tailored to your specific circumstance. You should evaluate all information, opinions and advice available on this Website in consultation with your agent or other advisors.

LIMITATION OF LIABILITY

IFS’s Liabilities
WHILE IFS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SERVICES ERRORS OR OMISSIONS SOMETIMES OCCUR. IFS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IFS OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OR THE RESULTS OF THE USE OF THE SERVICES OR THE MATERIALS OR INFORMATION CONTAINED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF IFS OR A IFS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IFS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES OR THE MATERIALS AS APPLICABLE.

IFS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT. MOBILE DEVICE OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. IFS SHALL NOT BE LIABLE FOR ANY MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE, CELLULAR OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Your Liabilities
IFS has the right to deny you access and use of the Services and their content if you violate (as IFS may determine in its sole and absolute discretion) any provision of these Terms and Conditions. IFS reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold IFS harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party in connection with or arising out of your access to, or use of, the Services or any of their content in a manner other than as expressly authorized by these Terms and Conditions, your breach of these Terms and Conditions or your violation of applicable laws or any rights of any third party.

6. Grant of License. Company hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicenseable, and revocable license to use the Services and/or the Materials for personal, noncommercial use only, subject to the restrictions in this Agreement.
7. License Restrictions. You acknowledge and agree that you do not acquire any ownership rights by using the Site, the Services, the Marks or the Materials. You may not: (a) copy the Services or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use, or otherwise, without the prior written approval of Company, (c) “frame” or “mirror” any Materials contained on this Site on any other server without the prior written permission from Company, (d) permit other individuals or companies to use the Services and/or the Materials, (e) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon this Site, Materials, Services, or any software or programming related thereto, (f) rent, lease, transfer, resell and/or or otherwise transfer rights to the Marks, the Materials or the Services, or (g) delete or write over any portion of any software relating in any manner to the Site or the Services. You also agree that you shall only use this Site, the Services, the Marks and the Materials in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that your use of this Site, the Services, the Marks and the Materials is subject to all applicable local, state, national and international laws and regulations. You agree that your use of this Site and the Services shall not violate or infringe the rights of any third party. Any forbidden use shall immediately and automatically terminate your license to use the Services and the Materials without notice. Any unauthorized use of the Services, the Marks and/or the Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Company reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.
8. Additional Use Restrictions. You may only use this Site, the Services, the Marks and the Materials in a manner that, in Company’s sole judgment, is consistent with the intended purposes thereof. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at info@incisivefinancialservices.com or info@ifsusa.net.  By way of example, and not limitation, you agree not to: (a) Access, or attempt to access, other areas of the Company computer system or other computer systems through this Site for any purposes; (b) Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on this Site or the content contained hereon without Company’s prior, express, and written permission; (c) Use any device, software or routine to interfere, or attempt to interfere, with the proper working of this Site or take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure; (d) Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; (e) Express or imply that any statements you make are endorsed by Company without Company’s prior written consent; (f) Assist any third party in engaging in any activity prohibited by this Agreement.
9. Monitoring the Site. Company has the right, but not the obligation, to monitor this Site, and Company as a general practice does not monitor this Site or any Content posted hereon or otherwise submitted hereto. We strive to provide you with access to content and information that we believe to be reliable and accurate. However, the information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content or links to content created or provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing or creating those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided or created by any third parties.

10. Hyperlinks. You are granted a limited, nonexclusive, and revocable right to create a “hypertext” link to this Site, provided that such link is to the entry page of this Site and does not portray Company or the Site owner, or any of Company or the Site owner’s products or services, in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company Trademark or other proprietary information including the images found at this Site, the content of any text or the layout/design of any page or any form contained on a page without Company’s express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Company has not reviewed all of these third party sites and does not control, and is not responsible for, any of these sites or their availability, content, or policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such third party sites.
11. Downloadable Materials. Any Materials that are made available to download from this Site are the copyrighted work of Company and/or its or suppliers or other third parties. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.
12. Your Information. If you register for any use of the Site’s Services, you agree to (i) provide true, accurate, current and complete transactional information and any information about you and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. You agree to update such information by notifying Company by email of any changes at info@incisivefinancialservices.-com or info@ifsusa.net.
13. Modification or Cancellation of Services. Company may, in its sole discretion and at any time, modify, cancel or suspend the Services, or any part thereof, without cause and without notice. You agree that Company shall not be liable to you or to any third party for any immaterial modification of the Services or any modification of the Services which, in Company’s sole discretion, constitutes an improvement. Upon cancellation of the Services, your right to use the Services stops immediately.
14. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Company is done so at your own risk.
15. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICES AND THIS SITE IS AT YOUR SOLE RISK. THE SERVICES AND THIS SITE, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY (INCLUDING, WITHOUT LIMITATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF COMPANY (COLLECTIVELY, “COMPANY THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND COMPANY THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. NEITHER COMPANY NOR ANY COMPANY THIRD PARTIES MAKE ANY WARRANTY THAT THIS SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN THE SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE CORRECTED; NOR DO COMPANY OR ANY COMPANY THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THE SERVICES OR THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ANY COMPANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE SERVICES, THIS SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED $100.00 OR THE TOTAL FEES YOU PAID TO US IN DURING THE 3 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.
17. Indemnification & Release. You agree to notify Company of, and indemnify, defend, and hold Company and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against, any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any Content or materials you submit or transmit to this Site, or to other websites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with this Site and any Services. If you are a California resident, you hereby agree to waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
18. Force Majeure. Company shall not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.
19. Statute of Limitations. 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, the Services, or this Agreement (or any other agreement incorporated herein), must be filed within one (1) year after such claim or cause of action arose or forever be barred.
20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas notwithstanding any conflict of laws provisions. You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Collins County, Texas (the “Texas Courts”) for any litigation or controversy arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Texas Courts and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
21. General. If any provision(s) of this Agreement is(are) held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. By agreeing to the terms set forth in this Agreement, you agree to waive any right you may have to a jury trial and/or to take part in any class action lawsuits. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company. There are no third party beneficiaries to this Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter.