This Terms of Service Agreement (the "Agreement") is between you and NCMIC Group, Inc. ("NCMIC Group") with a principal place of business at 14001 University Avenue, Clive, IA 50325. Use of this NCMIC Group Internet Web site (the "Website") signifies your agreement to the terms and conditions of use set forth below in the Agreement:
The Website is operated by NCMIC Group and is provided only for people authorized by NCMIC Group to use the Website, including employees given explicit authorization to access the Website on behalf of their employers. Any party accessing the Website without proper authorization from NCMIC Group must log out immediately. Unauthorized access to the Website is strictly prohibited and NCMIC Group shall prosecute any violators to the fullest extent permitted by law.
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website.
(2) NCMIC Group may monitor your use of this Website, but shall not disclose any information received from you or collected through your use of the Website except with its affiliates and as is allowed by law.
(3) NCMIC Group reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website.
(4) The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Website are protected by copyright, and are owned or controlled by NCMIC Group or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website. Copying or storing of any Website content for any other use is expressly prohibited without the prior written permission from NCMIC Group.
You may not use an NCMIC Group trademark or any other NCMIC Group owned graphic symbol, logo, icon, or company name in a manner that would imply NCMIC Group’s affiliation with or endorsement or sponsorship of a third party product or service.
NCMIC Group may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. NCMIC Group may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold NCMIC Group, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. NCMIC Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NCMIC Group.
For your convenience, the Website may contain links and pointers to the other World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from Website to other third party sites, maintained by third parties, do not constitute an endorsement by NCMIC Group or any of its subsidiaries or affiliates of any third party resources, or their contents. NCMIC Group disclaims any and all responsibility for content contained in any third party materials provided through links from the Website.
NCMIC Group does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. NCMIC Group reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
NCMIC Group does not and cannot review all materials posted to the Website by users, and NCMIC Group is not responsible for any such materials posted by users. However, NCMIC Group reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in NCMIC Group's sole discretion are objectionable or in violation of this Agreement.
The website, including all content, software, functions, materials and information made available on or accessed through the website, is provided "as is." To the fullest extent permissible by law, NCMIC Group and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the content on the website or the materials, information and functions made accessible by the software used on or accessed through the website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the company website or any linked site. Further, NCMIC Group and its subsidiaries and affiliates disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. NCMIC Group does not warrant that the functions contained in the website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components. NCMIC Group and its subsidiaries and affiliates shall not be liable for the use of the website, including, without limitation, the content and any errors contained therein.
Except for designated portions of the Website protected by Secure Sockets Layer (SSL) software, you acknowledge that transmissions to and from this Website are not confidential and your communications may be read or intercepted by others and that by submitting communications to NCMIC Group, no confidential, fiduciary, contractually implied or other relationship is created between you and NCMIC Group other than pursuant to this Agreement.
This agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Iowa.
This Agreement constitutes the entire agreement between NCMIC Group and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.