AGREEMENT BETWEEN USER AND the National Association of Professional Insurance Agents (herein referred to as “PIA”):
The PIA website is located at http://www.pianational.org and is referred to herein as the PIA website; it is composed of various webpages operated by PIA. The PIA website is offered to visitors (referred to herein as “you” or “your”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
3. Interactive Areas
The PIA website may contain certain interactive areas, including but not limited to discussion boards, chat areas, social media links, news groups, an agent-to-agent locator, PIA member profiles, forums, communities, personal web pages, calendars, and/or other message or interactive areas designed to enable you to communicate with the public at large, with another PIA website user, or with a group of fellow PIA website users. To the extent that you access any of these interactive features, you do so for the exclusive purpose and nature of the specific interactive feature, which is to be used as PIA prescribes on its website and for no other use or purpose whatsoever.
Any material, messages, or information, whether submitted by you or any other user, is not controlled, reviewed, endorsed, or approved by PIA, and, therefore, PIA specifically disclaims any liability arising from the interactive areas and any actions resulting from your participation therein. Managers and hosts are not authorized PIA spokespersons, and their views do not necessarily reflect those of PIA.
However, PIA reserves the right to remove any material submitted or posted by you to the interactive areas, without notice to or permission from you, if PIA becomes aware and determines, in its sole and absolute discretion, that you are, or there is a likelihood that you may do any of the following, including but not limited to:
3.1 Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
3.2 Restrict or inhibit any other user from using and enjoying the PIA website;
3.3 Violate any code of conduct or other guidelines that may be applicable to any particular interactive area of the PIA website;
3.4 Publish, post, upload, distribute, send, or disseminate any inappropriate, profane, defamatory, infringing, harmful, vulgar, sexually oriented, racially offensive, pornographic, obscene, threatening, indecent, harassing, unethical, abusive, or unlawful message, data, text, graphics, link, topic, name, material, or information, including but not limited to material that is defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal, or international law, either intentionally or unintentionally;
3.5 Publish, post, upload, distribute, or disseminate files that contain software, files, or any other similar programs or materials protected by the intellectual property laws (or by rights of privacy or publicity), unless you own or control the rights thereto or have received all necessary consents to post or upload such materials;
3.6 Publish, post, upload, distribute, or disseminate files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of PIA’s and/or a third party’s computer, computer system, and/or network;
3.7 Download any file posted by another user of the PIA website that you know or reasonably should know cannot be legally distributed in such manner;
3.8 Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in an uploaded file;
3.9 Harvest or otherwise collect information about others, including email addresses, without their consent;
3.10 Violate any copyright, trademark, other applicable Virginia or international laws, regulations, or intellectual property rights of PIA or any third party;
3.11 Advertise or offer to sell or buy any products or services for any business purpose, unless the PIA website specifically allows such communications;
3.12 Conduct or forward surveys, contests, pyramid schemes, or chain letters;
3.13 Submit content containing marketing or promotional material intended to solicit business without the prior written consent of PIA;
3.14 To use the PIA website, you must be 18 years of age or older. By submitting content to the site, you are verifying that you are 18 years of age or older.
3.15 You may not sell items directly from this site, nor may you directly link to payment gateways or services like Paypal or solicit financial contributions by linking to websites like Gofundme.
PIA does not claim ownership of the materials you provide to PIA (including feedback and suggestions) or post, upload, input, or otherwise submit to any part of the PIA website, including its interactive areas. However, by posting, uploading, inputting, providing, or submitting your materials, you are granting PIA, its affiliates, and business partners permission to use your materials in connection with the operation of their business, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your materials, and to publish your name in connection with your materials.
No compensation will be provided with respect to the use of your materials as provided herein. PIA is under no obligation to post or use any materials you may provide. By posting, uploading, inputting, providing, or submitting your materials, you warrant and represent that you own or otherwise control all of the rights to your materials as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the materials.
PIA reserves the right to terminate your access to any or all the interactive areas listed above, and/or the PIA website, at any time without notice to you and for any reason whatsoever. PIA always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in PIA’s sole discretion.
Various state and federal laws prohibit the exchange of information among competitors regarding matters pertaining to price, refusals to deal, market division, tying relationships, and other topics that might infringe upon applicable antitrust or other commercial laws or regulations. No such exchanges or discussions will be tolerated. PIA will fully cooperate with any law enforcement authority or court order requesting or directing PIA to disclose the identity of anyone posting any such information or materials.
Materials uploaded to the interactive areas of the PIA website may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download such materials.
You should always use caution when giving out any personally identifying information about yourself or your children in any interactive area like the ones listed above.
4. Copyright, Trademarks, Logos, and Service Marks
All contents on the PIA website are copyrighted by PIA unless otherwise indicated. All rights are reserved by PIA, and any rights not expressly granted herein are reserved. The content on the PIA website may not be reproduced, disseminated, published, or transferred in any form or by any means, except with the prior written permission of, and with express attribution to, PIA. Copyright infringement is a violation of federal law, and violators are subject to criminal and civil penalties. To request PIA’s permission to use content located on the PIA website, please email email@example.com.
The trademarks, names, logos, and service marks, collectively referred to herein as the trademark(s) or Mark(s), that are displayed on the PIA website are registered and unregistered Marks of PIA and its affiliates and related subsidiaries. Nothing contained on the PIA website should be construed as granting any license or right to use any trademark without the prior written permission of PIA. The names of actual companies and products mentioned on the PIA website may be the trademarks of their respective owners.
Local PIA associations, chartered by PIA and known as PIA affiliates, and PIA members are granted a nonexclusive, nontransferable, revocable, limited license to reproduce specified Marks according to the rules set forth in the current PIA Logo Use Guidelines, which are available through the Member Benefits section of the PIA website and may be reproduced only using specified electronic files, which are also available through the Member Benefits section of the PIA website.
5. Accuracy of Information on the PIA Website
The content provided on the PIA website is composed of information produced by PIA and provided to PIA by other organizations. While PIA takes reasonable steps to determine the accuracy and completeness of the content contained on the PIA website, PIA disclaims all warranties as to the accuracy, completeness, adequacy, timeliness, and your ability to use such content. You assume sole responsibility for your results when using any content obtained from the PIA website.
While every effort is made to keep the information updated on the PIA website, neither PIA nor any third party or data or content provider make any representations, statements, guarantees, or warranties, whether express, implied in law, or residual, as to the sequence, accuracy, completeness, or reliability of the information, opinions, research information, data, material, and/or content contained on the PIA website (including but not limited to any information provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the PIA website.
PIA reserves the right at any time to change or discontinue without notice any aspect or feature of the PIA website. No information contained on the PIA website shall be construed as advice, and information on the PIA website is offered for informational purposes only and is not intended for any other purpose. You and your company rely on the information contained on the PIA website at your own risk. If you find an error or omission on the PIA website, please contact PIA at firstname.lastname@example.org to let us know.
6. PIA Website Does Not Contain Expert Professional Advice
The PIA website does not contain content intended to constitute or constituting expert professional advice of any kind (legal, accounting, or otherwise). Use of the PIA website does not create an attorney-client or other expert professional-client relationship. The content of the PIA website does not replace the need for any user to review, evaluate, and determine the proper use of information secured via the PIA website, independently and/or with the services of their own attorney, accountant, or other expert who would or could know a user’s particular circumstances and the applicable laws and regulations pertinent to said circumstances.
7. Links to Third-Party Websites
The PIA website may contain links to other, external (third party) websites containing information created, published, maintained, or otherwise under the control of other organizations, businesses, or individuals that are not affiliated with or controlled by PIA. PIA is not responsible for the contents of any third-party websites, and no representation is made as to their content. PIA does not and cannot control, endorse, approve, or certify these third-party websites. PIA is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by PIA of the site or any association with its operators.
Reference Does Not Imply Endorsement. Reference in third-party websites to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement or recommendation by PIA.
PIA Does Not Endorse Material Contained on Third-Party Websites. PIA does not and cannot guarantee the accuracy, completeness, efficacy, or timeliness of content contained on any third-party website, including without limitation any link or content within a link located on a third-party website, or any changes or updates to the content or policies of a third-party website.
PIA Assumes No Liability for Content of Third-Party Websites. PIA is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content contained on any third-party websites. PIA is not responsible for webcasting or any other form of transmission received from any third-party website.
PIA is not responsible for and assumes no liability for any damages to, or viruses that may infect, the computer equipment or other property of a visitor to the PIA website arising from or related to access to or use of any third-party website or arising from or related to the downloading of any materials, data, text, images, video, or audio files from third-party websites by visitors to the PIA website.
8. Linking to the PIA Website
9. Disclaimer of Liability
a. Users should not rely on the information available on the PIA website.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PIA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED HEREIN. PIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PIA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE PIA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, MEDICAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PIA is not responsible for and disclaims all liability for any personal injury or expense of any nature whatsoever that may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your personal information, or material and information transmitted over the PIA website.
PIA is not liable in any way to you or to any other person or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury, or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby, or by reason of non-performance or interruption, or termination thereof.
b. The PIA website and its content are provided as-is.
PIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED MATERIALS CONTAINED ON THE PIA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PIA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
c. PIA is not liable for damages or losses arising out of use of the PIA website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PIA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE PIA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED MATERIAL OBTAINED OR SOUGHT TO BE OBTAINED THROUGH THE PIA WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PIA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE NATURE OF ELECTRONIC, INTERNET TECHNOLOGY IS SUCH THAT IT IS POSSIBLE THAT, DESPITE PIA’S EFFORTS TO THE CONTRARY, YOUR COMPUTER, PROPERTY, AND/OR PERSONAL INFORMATION MAY BE DAMAGED, INFECTED BY A VIRUS, OR OTHERWISE ADVERSELY AFFECTED WHILE USING THE PIA WEBSITE. PIA SHALL NOT BE RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY SUCH DAMAGES OR LOSSES. FURTHERMORE, PIA EXPECTS VISITORS TO ITS WEBSITE TO EXERCISE REASONABLE CARE AND SECURITY MEASURES TO GUARD THEIR SYSTEMS SO AS NOT TO INFECT THE PIA WEBSITE WITH THEIR USE.
PIA IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE PIA WEBSITE, THE CONTENT THEREOF, THE INTERACTIVE AREAS OF THE PIA WEBSITE, OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PIA IS NOT LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PIA WEBSITE OR ITS CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PIA’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
d. PIA disclaims all warranties in connection with the PIA website and its contents.
THE PIA WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PIA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PIA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE PIA WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS PROVIDED ON THE PIA WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE PIA WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THE PIA WEBSITE OR ITS CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE PIA WEBSITE OR ITS CONTENT.
e. PIA is indemnified against all claims.
You agree not to use the interactive areas of the PIA website to publish, post, upload, distribute, send, or disseminate any inappropriate, profane, defamatory, infringing, harmful, vulgar, sexually oriented, racially offensive, pornographic, obscene, threatening, indecent, harassing, unethical, abusive, or unlawful message, data, text, graphics, link, topic, name, material, or information, including but not limited to material that is defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal, or international law, either intentionally or unintentionally, and you hereby indemnify PIA against any loss, liability, damage, or expense of whatever nature that PIA or any third party may suffer caused by or attributable to, directly or indirectly, your use of the PIA website to send or post any such message or material.
The provisions of this section are for the benefit of PIA and its officers, directors, employees, agents, licensors, suppliers, and any third parties providing information for the PIA website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.
11. No Unlawful or Prohibited Use or Activity
As a condition of your use of the PIA website, you warrant to PIA that you will not use the PIA website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PIA website in any manner that could damage, disable, overburden, or impair the PIA website or interfere with any other party’s use and enjoyment thereof. You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the PIA website.
12. Governing Law
PIA controls and operates the PIA website in the United States. We make no representation that the materials available on the PIA website are appropriate outside of the United States. Access to the PIA website from territories where such use is illegal is strictly prohibited. Those who choose to access the PIA website from outside the United States do so on their own initiative and are responsible for ensuring compliance with applicable local laws.
13. Incorporation by Reference and Severability
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and PIA with respect to access to and use of the PIA website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and PIA with respect to the PIA website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
Additionally, any claim relating to the materials available on the PIA website shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Virginia, and users consent to the exclusive jurisdiction of the state and federal courts located in Virginia.
14. Comments or Questions