Terms of Use
AMS Services Terms of Use
These Terms of Use were last revised on March 21, 2007.
Welcome to the www.amsservices.com and www.freeyouragency.com Websites (the “Websites”). These Terms of Use (“Terms”) are a legal agreement between you and Vertafore, Inc. d/b/a AMS Services (“AMS”). Use of and access to the Websites is subject to your compliance with these Terms, so please read these carefully before using our Websites. AMS reserves the right to limit or terminate your access to our Websites at any time for any reason.
BY ACCESSING AND USING THE WEBSITES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS, DO NOT USE THE WEBSITE IN ANY MANNER. If you are using the Websites on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.
MODIFICATIONS TO THE TERMS OF USE.
AMS may change, modify, update, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Websites following the posting of any changes will signify your acceptance of those changes.
SECURITY POLICY
AMS has security measures in place to protect the loss, misuse and alteration of the information under AMS’s control. These security measures are described in our privacy policy.
Although AMS has taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, AMS cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
PRIVACY POLICY
AMS respects your desire for privacy. AMS’s privacy policy can be found at www.amsservices.com/privacypolicy. By using the Websites, you are consenting to the terms of our privacy policy.
USING THE WEBSITES
Through its network of Websites, AMS provides you with access to a variety of resources including product and service information.
All materials provided on the Websites, including but not limited to information, documents, products, logos, graphics, sounds, images, demo software or other software, and services, if applicable ("Materials"), are provided either by AMS or by others and may be copyrighted. AMS hereby grants you limited permission to use AMS provided Materials on the Websites subject to the terms and conditions of this Agreement provided the use of such Materials is solely for your own informational use. Unless stated with the Materials, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of AMS and/or the appropriate owner. Also, you may not "mirror" any Materials contained on the Websites on any other server without AMS's prior written consent.
In the event you download software, such as demo software, from the Websites as explicitly permitted by terms included with such software, the software, including any files, images incorporated or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by AMS and/or third party providers (“Third Party Providers”). The Software may be used in accordance with any license terms provided with the Software. In the event no license terms are provided with AMS provided Software, AMS grants to you a non-exclusive, revocable, personal, non-transferable limited license to use such Software solely for your own personal use subject to the terms and conditions of this Agreement. AMS and/or the Third Party Providers do not transfer title to the Software to you. You own the medium on which the Software is recorded, but AMS and/or the Third Party Providers 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-readable form. Any unauthorized use of any Materials contained in these Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, or other applicable laws.
NO UNLAWFUL OR PROHIBITED USE
You may not use the Websites (i) for any purpose that is unlawful or prohibited by these Terms, or (ii) in any manner that could damage, disable, overburden, or impair any AMS server, or the network(s) connected to any AMS server, or interfere with any other party’s use and enjoyment of the Websites.
LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to third-party websites which are not under the control of AMS, and AMS is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. AMS is providing these links to you only as a convenience, and the inclusion of any link does not imply that AMS endorses or accepts any responsibility for the content on such third-party site.
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE AND ALL INFORMATION, CONTENT, SOFTWARE, AND ANY OTHER MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND AMS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. AMS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR RESULTS FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMS SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF AMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITES, REMOVAL OR TERMINATION OF THE WEBSITES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES, OR ANY OTHER MATTER RELATING TO THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU.
GOVERNING LAW
You and AMS agree that any claim or controversy at law or equity that arises out of these Terms or your use of the Websites shall be governed by Washington law (without regard to conflict of law provisions) and all claims and actions related hereto shall be brought in the appropriate state or federal court located in King County, State of Washington.
INDEMNIFICATION
You shall indemnify, defend and hold harmless AMS, its affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions arising out of your use of the Websites.
GENERAL INFORMATION
These Terms constitute the entire agreement between you and AMS regarding this subject matter, and govern your use of the Websites. The failure of AMS to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
