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PLEASE
READ THESE TERMS OF USE
By using this site, you
signify your assent to these terms of use. If you do not agree to
these terms of use, please do not use our site.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by TMK Risk Management , Inc.(referred
to as
"we," "us," or "our" herein). No material
from TMK Risk.com or any Web
site owned, operated, licensed or controlled by TMK Risk Management
, Inc. may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download
copies of the materials on any single computer for your personal
or commercial use only, provided you keep intact all copyright and
other proprietary notices. Modification of the materials or use
of the materials for any other purpose is a violation of TMK Risk
Management , Inc. copyright and other proprietary rights. For purposes
of this Agreement, the use of any such material on any other Web
site or networked computer environment is prohibited. All trademarks,
service marks, and trade names are proprietary to TMK Risk Management,
Inc.
In the event you download software from the site, the software,
including any
files, images incorporated in or generated by the software, and
data
accompanying the software (collectively, the "Software")
are licensed to you
by TMK Risk Management , Inc. We do not transfer title to the Software
to you.
You own the medium on which the Software is recorded, but TMK Risk
Management , Inc. retains full and complete title to the Software,
and all intellectual property rights therein. You may not redistribute,
sell, decompile,reverse engineer, disassemble, or otherwise reduce
the Software to a
human-perceivable form.
SUBMISSIONS
TMK Risk Management, Inc. is always pleased to hear from its loyal
clients and
welcomes your comments regarding TMKRISK.COM
online
services. Unfortunately, however, TMK Risk Management, Inc.'s long-standing
company policy does not allow it to accept or consider creative
ideas,
suggestions, proposals, or materials other than those it has specifically
requested. We hope you will understand that it is the intent of
this policy to
avoid the possibility of future misunderstandings when proposals
developed
by TMK Risk Management, Inc. are presented. Accordingly, we must,
regretfully,
ask that you do not send us any original creative materials such
as web site
ideas, insurance ideas, or original work. While we do value your
feedback on
our services and products, we request that you be specific in your
comments
on those services and products, and not submit any ideas, suggestions,
or
materials.
If, despite our request that you send us any materials, suggestions,
ideas,
notes, proposals, concepts, or other information (collectively,
the
"Information"), the Information shall be deemed, and shall
remain, the
property of TMK Risk Management, Inc. None of the Information shall
be subject
to any obligation of confidence on the part of TMK Risk Management,
Inc. and
TMK Risk Management , Inc. shall not be liable for any use or disclosure
of any
Information. Without limitation of the foregoing, TMK Risk Management,
Inc. shall
exclusively own all now known or hereafter existing rights to the
Information
of every kind and nature throughout the universe and shall be entitled
to
unrestricted use of the Information for any purpose whatsoever,
commercial
or otherwise, without compensation to the provider of the Information.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented
solely for the purpose of promoting insurance and other products
available in the State of Florida. This site is controlled and operated
by TMK Risk Management , Inc. from its offices within the County
of Broward, in the State of Florida, in the United States of America.
TMK Risk Management , Inc makes no representation that materials
in the site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do so
on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. Software
from this site is further subject to United States export controls.
No software from this site may be downloaded or otherwise exported
or reexported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such
country or on any such list.
TERMINATION
This agreement is effective until terminated by either party. You
may terminate this agreement at any time by destroying all materials
obtained from any and all TMK Risk Management, Inc. site(s) and
all related documentation and all copies and installations thereof,
whether made under the terms of this agreement or otherwise. This
agreement will terminate immediately without notice from TMK Risk
Management , Inc. if in TMK Risk Management, Inc.'s sole discretion
you fail to comply with any term or provision of this agreement.
Upon termination, you must destroy all materials obtained from this
site,and all copies thereof, whether made under the terms of this
agreement or otherwise.
DISCLAIMER
THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TMK Risk
Management, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. TMK RISK MANAGEMENT, INC. DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TMK RISK MANAGEMENT , INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TMK
RISK MANAGEMENT INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence,
shall
TMK Risk Management , INC. be liable for any special or
consequential damages that result from the use of, or the inability
to
use, the materials in this site, even if TMK Risk Management , INC.
or a TMK Risk Management , INC. authorized representative has
been advised of the possibility of such damages. Applicable law
may
not allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion may
not apply to you. In no event shall TMK Risk Management , INC.'S
total liability to you for all damages, losses, and causes of action
(whether in contract, tort (including, but not limited to, negligence),
or otherwise) exceed the amount paid by you, if any, for accessing
this site.
OTHER
This agreement shall be governed by and construed in accordance
with the
laws of the State of Florida, without giving effect to any principles
of conflicts
of law. If any provision of this agreement shall be unlawful, void,
or for any
reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between
the parties relating to the subject matter herein and shall not
be modified except in writing, signed by both parties.
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