Website Terms and Conditions for Use
Acceptance of Terms and Conditions
These Website Terms and Conditions for Use (together with any documents expressly incorporated by reference, these “Terms and Conditions”) are entered into by and between you and Acrisure, LLC and its affiliates (“Acrisure,” “we,” “us,” or “our”). These Terms and Conditions govern your access to and use of this website, including any content, functionality, products or services offered through this website.
Terms and Conditions
1.0 Changes to the Terms and Conditions. We may revise and update these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately when posted to the website, and apply to all access and use of the website thereafter. Continued use of the website after such changes are posted is deemed acceptance of any revised Terms and Conditions. You must review these Terms and Conditions on a regular basis to keep yourself apprised of any changes. Acrisure may terminate these Terms and Conditions, with or without cause, at any time, without notice and without penalty. You agree that Acrisure shall not be liable to you or any third party for any modification, termination or alteration of these Terms and Conditions.
2.0 Intellectual Property Rights.
2.1 All content, features and functionality (including, but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) on the website is copyrighted and owned by Acrisure, its licensors or other providers of such materials unless otherwise noted, and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, rules and regulations (collectively, “IP Laws”). Such content, features and functionality may not be used, except as provided within these Terms and Conditions, or the text of the website, without Acrisure’s express prior written permission.
2.2 Except as otherwise stated, all trade names, logos, icons, service marks and registered and unregistered trademarks are proprietary to Acrisure (collectively, “Proprietary Materials”). Your use of Proprietary Materials, except as provided within these Terms and Conditions, or text of the website, without Acrisure’s express prior written permission, is strictly prohibited. Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Proprietary Materials displayed on the website without express prior written permission of Acrisure or such third party that may own trademarks or other intellectual property displayed on the website.
2.3 These Terms and Conditions permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit, or otherwise use any of the material on our website, except as follows:
2.3.1 Your computer may temporarily store copies of such materials from our website in RAM incidental to your accessing and viewing those materials.
2.3.2 You may store files that are automatically cached by your web browser for display enhancement purposes.
2.3.3 You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
2.3.4 If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
2.3.5 You must not:
126.96.36.199 Modify copies of any materials from this website.
188.8.131.52 Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
184.108.40.206 Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this website.
2.3.6 If you print, copy, modify, download or otherwise use or provide any other person or entity with access to any part of the website in breach of these Terms and Conditions, your right to use or access the website shall immediately cease and you must, in our sole discretion, return or destroy any copies of the materials you have made. No right, title or interest in or to the website, or any content, feature or functionality within the website is transferred to you, and any rights not expressly granted are reserved by Acrisure.
2.4 Any use of the website not expressly permitted within these Terms and Conditions constitutes a breach of these Terms and Conditions and may violate applicable IP Laws. You are also advised that Acrisure will aggressively enforce its intellectual property rights to the fullest extent of the law, including, but not limited to the seeking of criminal prosecution.
2.6 Acrisure does not represent or warrant that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Acrisure.
3.0 Accuracy. While Acrisure uses reasonable efforts to include accurate, complete and up-to-date information on the website, Acrisure makes no guaranties, representations or warranties of any kind that any of the content on this website is accurate, complete, timely or otherwise applicable to you. Acrisure assumes no liability or responsibility for any errors or omissions in the content of the website.
4.0 Your Use of the Website.
4.1 You are ultimately responsible for all content posted and activity that occurs when you access the website, or under your account (even if that content or activity occurs from other individuals who have accessed the website through your account). You may use the website only for lawful purposes and in accordance with these Terms and Conditions. You agree that:
4.1.1 You will not use our website in any way that violates any applicable Laws (including, without limitation, any laws regarding the export of data or software to or from the United States or other countries), or otherwise prohibited by these Terms and Conditions.
4.1.3 You will not use the website to harass, abuse, defame, stalk or threaten others.
4.1.4 You will not use the website to transmit or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other, similar solicitation.
4.1.5 You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm Acrisure, or users of the website, or expose any of them to liability.
4.1.6 You will not attempt to compromise the security of the website, including but not limited to by uploading viruses or other malicious code.
4.1.7 You will not attempt to circumvent any content filters or content filtering techniques used by Acrisure.
4.1.8 You will access only those areas or features of the website that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.
4.1.9 You will not probe, scan or test the security or vulnerability of our website, including any Acrisure system or network.
4.1.10 You will not engage in any activity that violates these Terms and Conditions.
4.2 We have the right to disclose your identity to any third party who is claiming that your use of materials displayed on the website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for your use of materials displayed on the website.
6.0 Third Party Services and Links.
7.0 Digital Millennium Copyright Act.
7.1 Acrisure does not permit copyright infringing activities or infringement of intellectual property rights on the website.
7.2 If a person is a copyright owner or agent thereof and believes that any content posted on the website infringes upon another’s copyrights, such person may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Acrisure’s copyright contact, identified below, with the following information, in writing:
7.2.1 Information identifying the copyrighted work that is claimed to have been infringed, such as the copyrighted work’s title, author, URL or other information.
7.2.2 Sufficient information allowing us to identify and locate the allegedly infringing material;.
7.2.3 Your contact information, including your address, telephone number and email address, so that we may contact you.
7.2.4 A personal statement that you have a good faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent or law.
7.2.5 A statement, under penalty of perjury, that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner.
7.2.6 A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
7.3 We recommend that you speak to a legal advisor before filing a DMCA notice with our designated copyright contact to assess your rights.
7.4 Please send all DMCA notices to Acrisure’s copyright contact to receive notifications of claimed infringement at:
5664 Prairie Creek Drive SE
Caledonia, MI 49316
8.1 You agree to indemnify, defend and hold harmless Acrisure, LLC, its affiliates and its and their respective employees, officers, directors, partners, shareholders, members, managers, agents, other representatives, successors and assigns (each, an “Acrisure Party”), at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonable attorneys´ fees) and other costs arising out of or relating to your access or use of the website; your content; your breach of these Terms and Conditions or the documents incorporated herein by reference; your negligence or misconduct; or a claim that your use of the website infringes the copyright, trademark, trade secret, patent or other rights of a third party. Acrisure may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
9.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
9.1 Your use and browsing of the website is at your risk. Neither Acrisure nor any other party involved in creating, producing or delivering the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the website. Without limiting the forgoing, everything on the website is provided to you on an “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT OR INFORMATION ON THE WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9.2 Although we take reasonable steps to prevent the introduction of viruses, worms, Trojan horses or other malware or destructive materials, we do not guarantee or warrant that the website or materials that may be accessed or downloaded from the website do not contain such contaminating or destructive properties. You understand and agree that any content, files or other information downloaded or otherwise obtained through your use of the website is at your discretion and risk and that Acrisure is not liable for any damages or harm to your device(s) or loss of data attributable to such content, files or information. If you rely upon the website or any materials available through the website, you do so solely at your own risk. Acrisure is not responsible for any errors or omissions or for the results obtained from the use of any information provided on the website.
9.3 Acrisure assumes no responsibility and assumes no liability for any content provided by you, another user or third party through our website. Acrisure is not responsible for any content that may be inappropriate, offensive, misleading, illegal or otherwise objectionable.
9.4 Acrisure does not warrant that access to or use of the website will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through the website. Acrisure is not responsible for the availability, use, timeliness, security, validity, accuracy or reliability of, or the results of the use of, the content of the website, or other any other website that may be linked to on through the website. Acrisure reserves the right to correct any errors or omissions on the website.
9.5 IN NO EVENT SHALL ANY ACRISURE PARTY HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO ACRISURE’S WEBSITE; THE USE OR THE INABILITY TO USE THE WEBSITE; ANY CONTENT; ANY PRODUCTS OR SERVICES PURCHASED, LICENSED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEBSITE; THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; OR ANY USER CONTENT, IN ALL CASES REGARDLESS OF WHETHER ACRISURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF ANY NEGLIGENCE OF ANY ACRISURE PARTY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9.5.1 In no event will the aggregate liability of all Acrisure Parties for any and all claims related to the website exceed USD 100 or 10% of the total amount paid to Acrisure within the last 12 months, whichever is lesser.
9.5.2 In those jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law.
10.1 Choice of Law; Jurisdiction; Venue. These Terms and Conditions are governed by and construed under the internal laws of Michigan (without giving effect to any choice or conflict of law provision or rule (whether of Michigan or any other jurisdiction) that would cause the application of laws of any other jurisdiction other than those of Michigan), except where preempted by the laws of the United States. Any claims or disputes arising out of or relating to these Terms and Conditions are also governed and construed by the laws of Michigan. All disputes arising out of or related to these Terms and Conditions and the website shall be subject to the exclusive jurisdiction of the state and federal courts located in Grand Rapids, Michigan, including the Michigan District or Circuit Court and the United States District Court for the Western District of Michigan, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
10.2 Transmitted Information. Any communication or material you transmit to the website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Acrisure, LLC or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Acrisure, LLC and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. This means we can use the ideas you to provide us without compensating you.
10.3 Illicit Content. Although Acrisure may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, Acrisure is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such locations on the website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered illegal or constitute a criminal offense, give rise to civil liability or otherwise violate any law. Acrisure will fully cooperate with any lawful and enforceable request made by law enforcement or other public authorities or court orders requesting or directing Acrisure to disclose the identity of anyone posting any such information or materials. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
10.4 Severability. If any portion of these Terms and Conditions is found to be unenforceable, that provision will be severed from these Terms and Conditions, and will not affect the validity and enforceability of the remaining Terms and Conditions.
10.5 Complete Terms and Conditions. Please note that these Terms and Conditions, along with any other documents incorporated by reference, make up the entire agreement between you and Acrisure with respect to the subject matter of these Terms and Conditions. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms and Conditions without our express prior written consent. We do not waive any provision under these Terms and Conditions even if it is not enforced.
10.6 Preventing Unlawful Activity. Acrisure reserves the right to investigate complaints or reported violations of these Terms and Conditions, and to take any action deemed appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary to such persons or entities.
10.7 Responding to Lawful Disclosure Requests. Acrisure may be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial body or other public authorities, or in connection with an enforceable legal obligation. In such instances, we will disclose your Personal Information upon receipt of an enforceable court order, subpoena or other lawful process, or where otherwise required by law.
11.0 Contact Us. For more information, or should you have further questions regarding our terms and conditions, you may contact us at PrivacyPolicy@Acrisure.com.