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Terms of Use

Terms Of Use
These terms of use are entered into between you, whether personally or on behalf of an entity (“you”) and Commercial Industrial Building Owners Alliance, Inc., dba CIBA Insurance Services and its affiliates, including Claims Adjusting Group, Inc. (collectively “CIBA”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of our website and any site, including portals or social media pages otherwise connected thereto, as well as any content, functionality, and services offered on or through the foregoing (collectively the “Website”).
You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MUST NOT ACCESS OR USE THE SITE. The Website is intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to access, register, or use the Website.

 

Intellectual Property Rights
Except where otherwise indicated, all materials contained on the Website are the copyrighted property of CIBA, its affiliated companies and/or third-party licensors. The CIBA logo, all other service marks, and the names of various products and services described within are service marks of CIBA or its affiliates.
Except as expressly provided herein, you shall not use any portion of the Website, or any other of our intellectual property (including, but not limited to our service marks), on any other website, in the source code of any other website, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of the Website’s content or frame this Website within any other website without our prior written permission. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without our prior written permission is prohibited.

 

Use of Website
You shall not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You shall not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, ransomware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent. You shall not use the Website to transmit or send unsolicited commercial communications or marketing without our express written consent.

 

Restricted access
We reserve the right to restrict access to certain areas of the Website at our discretion. If we provide you with a user identification and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user identification and password are kept confidential. We may disable your user identification and password at our discretion without notice or explanation.

 

Third-party websites
The Website may contains links to third-party websites that are not maintained by us. These links are provided solely for your convenience. We make no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, such third-party websites. We recommend that you take the time to read the privacy policies and user agreements of these websites.

 

Third-party vendors
We may use third-party vendors to access your information for purposes of verifying insurance and providing insurance verifications and quotes.  We make no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, such third-party vendors.

Electronic Communications, Transactions, And Signatures
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
 
Limitations Of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES AND ANY OF OUR OR THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 
Indemnity
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) use of the Website; (2) breach of these Terms of Use; (3) breach of any of your representations and warranties set forth in these Terms of Use; (4) violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

Breaches of these Terms of Use
Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing legal proceedings against you.

 

Updates
We may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of the Website from the date of the publication of the revised Terms of Use on the Website. Please check this page regularly to ensure you are familiar with the current version.

 

Data Privacy and Security Notice.
We care about data privacy and security. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy and agree to be bound by our privacy terms as described in our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Website is hosted in the United States and intended for users in the United States. If you access the Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 16 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Website as quickly as is reasonably practical.

 

Our Privacy Policy can be viewed at: https://www.cibaservices.com/privacy-policy.
 

Last Updated: May 31, 2024

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