Privacy & Terms of Use

Collins Martin Agency Insurance Company and its affiliates (collectively, “Collins Martin Agency”) have developed and published
certain digital properties including the websites and mobile applications (collectively, the “Properties”) that link to these “Terms of Use”. Collins Martin Agency provides the Properties and related programs and services (collectively, the “Services”) for your personal non-commercial use only and subject to your compliance with these Terms of Use. These Terms of Use set forth Collins Martin Agency’s policies with respect to its operation of the Services. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE A LEGAL RESIDENT OF THE UNITED STATES; (B) YOU ARE AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (C) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, OR OTHER TECHNOLOGY ( COLLECTIVELY, "DEVICE") BY WHICH YOU ACCESS THE SERVICES; AND (D) YOU WILL ACCESS AND USE THE PROPERTIES AND SERVICES IN ACCORDANCE WITH THESE TERMS OF USE.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PROPERTIES AND SERVICES. YOUR USE OF ANY PART OF THE PROPERTIES OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE PROPERTIES AND SERVICES.
 

Certain programs or features offered by, through, or  within the Properties or Services may be governed by additional terms presented in conjunction with those products or services ("Additional Terms").
You must agree to those Additional Terms before using those programs or features. The Additional Terms and these Terms of Use,
taken together, apply to your use of those areas or the Services. If there is an inconsistency between the Additional Terms and these Terms of Use, the Additional Terms control.

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QUICK GUIDE TO CONTENTS
1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
2. ACCOUNTS, CANCELLATION
3. DISCLAIMER OF WARRANTIES
4. LIMITATIONS ON LIABILITY
5. INDEMNIFICATION
6. MODIFICATION/TERMINATION OF THE SERVICES
7. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SERVICES
8. USER CODE OF CONDUCT
9. INTERACTIVE SERVICES AND USER MATERIALS
10. REFERRAL PROGRAMS
11. VOTING/RATING FEATURES
12. MOBILE DEVICES AND APPLICATIONS
13. PREMIUM SERVICES
14. INTERNATIONAL USE/U.S. EXPORT CONTROLS
15. GENERAL
16. INTELLECTUAL PROPERTY NOTICES
17. CHANGES TO THESE TERMS OF USE

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1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please review the Collins Martin Agency Privacy Notice to learn about our practices regarding the collection, use, disclosure and
protection of personal information. By using any part of the Properties or Services, you agree to the terms of the Collins Martin Agency Privacy Notice.

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2. ACCOUNTS, CANCELLATION
If Collins Martin Agency requires an account to use the Properties or Services, you must provide Collins Martin Agency with complete and accurate registration information. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. It is your responsibility to maintain the confidentiality of all usernames, passwords and account details. You are also responsible for all activities that occur under your account. You agree to notify Collins Martin Agency immediately of any unauthorized use of your account. Collins Martin Agency is not liable for any loss that you may incur if someone else uses your password or account. Collins Martin Agency may suspend or terminate your account or other access to the Services if Collins Martin Agency reasonably believes that the account is being used in connection with fraudulent activity, or that  you have breached the Terms of Use, or for any other reason in its sole discretion. You may cancel your account or subscription to the Services at any time by clicking here to contact Collins Martin Agency.

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3. DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE PROPERTIES OR SERVICES IS AT YOUR OWN RISK. THE PROPERTIES, SERVICES, AND ASSOCIATED CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. COLLINS MARTIN AGENCY AND ITS AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE PROPERTIES, SERVICES, (OR CONTENT (COLLECTIVELY, THE “COLLINS MARTIN AGENCY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE PROPERTIES, THE SERVICES, OR THE CONTENT PROVIDED THROUGH THE PROPERTIES AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COLLINS MARTIN AGENCY PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

 

BY WAY OF EXAMPLE (AND NOT LIMITATION) COLLINS MARTIN AGENCY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COLLINS MARTIN AGENCY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY
PURPOSE.

COLLINS MARTIN AGENCY IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE PROPERTIES OR SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.

Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COLLINS MARTIN AGENCY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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4. LIMITATIONS ON LIABILITY
In no event shall the Collins Martin Agency Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Properties or Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Properties, Services, or content obtained through the Properties or Services; (vi) any transactions entered into through the Properties or Services, (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Properties or Services, including hyperlinked content; or (viii) damages otherwise arising out of your use of or access to the Properties, the Services, or content linked to or from the Services. These limitations of liability apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if you have advised Collins Martin Agency of the possibility of damages. In no event shall Collins Martin Agency’s liability exceed the total amount paid by you to Collins Martin Agency, if any, for accessing the Properties or Services.

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5. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Collins Martin Agency Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms of Use, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Properties or Services. You agree to cooperate fully with Collins Martin Agency in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms of Use.

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6. MODIFICATION/TERMINATION OF THE PROPERTIES OR SERVICES
Collins Martin Agency may, in its sole discretion, modify, suspend, or terminate the Properties, the Services or any portion thereof at any time for any reason with or without notice to you.

 

If Collins Martin Agency cancels or terminates your account, you will
no longer be authorized to use the Services, but you will still be bound by your obligations under these Terms of Use and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Collins Martin Agency shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.

 

Except where otherwise provided, the Properties and Services are currently available without charge. Collins Martin Agency reserves the right to charge a fee for access to or use of the Properties or Services at any time in the future, and Collins Martin Agency will notify you before it does so. Your access to or use of the Properties or Services before such time does not entitle you to access or use without charge in the future.

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7. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SERVICES
Collins Martin Agency owns, controls, or has licenses to any content made available in connection with the Services, including applications (such as the Mobile App), podcasts, or streaming audio or video. The content is protected by copyright laws and international treaty provisions. You may only use the content for private, non-commercial purposes and subject to the terms of any end user license agreement, accompanying the content. Collins Martin Agency has no liability with respect to any content owned or controlled by third parties.

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8. USER CODE OF CONDUCT
Collins Martin Agency makes the Properties and Services available for your personal and non-commercial use only. In accessing and using the Services, you agree that you will not:

• Deliver, or provide links to, any postings containing material that

  • constitutes unsolicited advertisement, promotional materials, junk email, spam / bulk email, chain letters, surveys or contests, or a solicitation to participate in any pyramid schemes;

  • could be considered unlawful, harmful, obscene,
    pornographic, indecent, lewd, violent, abusive, profane,
    insulting, threatening, harassing, hateful or objectionable;

  • harasses, victimizes, degrades, or intimidates an individual
    or group of individuals based on religion, race, ethnicity,
    sexual orientation, gender, age, or disability

  • is defamatory, false or libelous; or

  • infringes or violates any intellectual property or other right
    of any entity or person.

• Deliver any posting that you do not have a right to make
  available under law or contractual or fiduciary relationships.

• Impersonate another person or entity, misrepresent your
  affiliation with a person or entity, or adopt a false identity if the
  purpose of doing so is to deceive or defraud another.

• Manipulate electronic identifiers to disguise the origin of any
  posting that you deliver.

• Deliver any posting containing personal information, such as
  phone numbers, social security numbers, account numbers,
  addresses or employer references (except as specifically
  instructed, e.g., in response to a job posting or to update a
  beneficiary designation).

• Use this service in any manner which could damage, overburden
  or interfere with the Properties, the Services, other users’
  Devices, or any other software, hardware, or
  telecommunications equipment.

• Attempt to gain unauthorized access to the Services, any related
  website, or other accounts, computer systems, or networks
  connected to the Services.

• Obtain or attempt to obtain any materials or information through
  any means not intentionally made available through the
  Properties or Services, including by collecting information about
  others such as email addresses.

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9. INTERACTIVE SERVICES AND USER MATERIALS

Interactive Services
The Properties may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums
(collectively, “Interactive Services”). The selection of available Interactive Services may change from time to time in Collins Martin
Agency’s sole discretion.

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User Materials
Collins Martin Agency does not control and is not responsible for any information or other materials delivered through the Services by you or other users, including any personal information and feedback data such as questions, comments and suggestions regarding the Services or any portion of the Services (collectively, “User Materials”). Collins Martin Agency is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Collins Martin Agency reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Collins Martin Agency is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages. You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by Collins Martin Agency will not violate the rights of any third party.

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By providing or modifying any User Material, you are granting Collins Martin Agency and its designees a royalty-free, fully paid, non- exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use such User Material (including any ideas, concepts, know-how or techniques contained in such User Material) for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products incorporating such User Material, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may provide. Collins Martin Agency also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Notice.

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The information and opinions expressed in User Materials are not necessarily those of Collins Martin Agency or its content providers, advertisers, sponsors, affiliated or related entities. Collins Martin Agency makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. Collins Martin Agency does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. Collins Martin Agency has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that other users of the Properties will have
access to your User Materials and might copy, modify or distribute them. If you are aware of any User Materials which violate these Terms of Use, please contact Collins Martin Agency by clicking here.

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Please provide as much detail as possible, including a copy of the underlying material, the location where Collins Martin Agency may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and Collins Martin Agency will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.” Collins Martin Agency does not accept unsolicited content or suggestions with respect to the Properties or Services. By submitting any unsolicited content or suggestions, you are granting Collins Martin Agency the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Collins Martin Agency, its affiliates, and its licensees are free to use any information submitted for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

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10. REFERRAL PROGRAMS
The Services may allow you to spread the message about the Services, including referral programs that permit you to submit information from the Services about other persons (each, a “Referred Person”), including, without limitation, U.S.-based email addresses, wireless telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Services. You should obtain the consent of the Referred Person prior to providing Collins Martin Agency with his or her contact information. Collins Martin Agency reserves the right to limit the number of Referred Persons you can submit. Collins Martin Agency also reserves the right to limit the number of communications with any Referred Person from time to time. A Referred Person must be of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, the Services. The contact information for a Referred Person must be valid and functioning Collins Martin Agency to contact him or her about the Services. Collins Martin Agency will not be responsible for validating the contact information you provide. Collins Martin Agency may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to match any of our “do not contact” or “do not e-mail” lists. Collins Martin Agency may also reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms of Use, or (c) Collins Martin Agency determines in its sole discretion that the participation of such individual may be harmful to Collins Martin Agency, the Properties or Services, or any third party. Collins Martin Agency specifically disclaims any liability for such rejection.

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Collins Martin Agency may send you a confirmation to inform you that the Referred Person has registered for an account. If Collins Martin Agency determines that you have engaged in improper behavior with respect to a referral program, Collins Martin Agency may discontinue providing the associated Services to you. Collins Martin Agency may also offer incentives or rewards in connection with a referral program, subject to Additional Terms. Collins Martin Agency may suspend or terminate referral programs without notice, reason or liability.

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11. VOTING/RATING FEATURES
For any voting/rating features that are available through the Services, you must follow all instructions and limitations provided via the Services to submit your votes/ratings. Votes/ratings received from you over any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by Collins Martin Agency may be void. Collins Martin Agency is not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Collins Martin Agency may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. Collins Martin Agency may disqualify any individual Collins Martin Agency found to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.

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12. MOBILE DEVICES AND APPLICATIONS
Mobile Devices
Through use of the Properties and Services, you may be able to: (a) upload content to the Properties via your mobile Device, (b) receive and reply to messages, or access or make posts using text messaging, (c) browse the Properties from your mobile Device and/or (d) access certain features you have downloaded and installed on your mobile Device (collectively the “Mobile Services”). To make use of Mobile Services, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable). You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Services. You must ensure that your Device and/or software does not disturb or interfere with the Services, including the Properties' operations. Collins Martin Agency may disconnect any equipment or software causing interference from the Services and suspend or terminate your further use of the Services, immediately and without further notice. If any upgrade to the Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of these
Terms of Use.

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Mobile Applications
The Properties may include access to software applications intended for use on mobile devices and distributed through mobile device marketplaces such as the Apple App Store, Google Play (a “Mobile App”). When you download and install a Mobile App, the following terms also apply.

• Collins Martin Agency grants you a non-exclusive, non- transferable license to download, install, and use the Mobile App on your Device(s), subject to your acceptance of and compliance with these Terms of Use and with applicable terms (if any) established by the marketplace provider or Device manufacturer.

• The marketplace provider facilitates your ability to download and install the Mobile App. The marketplace provider has no other obligations or liabilities with respect to the Mobile App, regardless of the nature of the claim.

• The marketplace provider cannot provide support for use of the Mobile App or respond to complaints or concerns involving the Mobile App; please contact Collins Martin Agency as specified in the Mobile App with any questions or concerns related to the Mobile App.

• These Terms of Use are exclusively between you and Collins Martin Agency; the marketplace provider is not bound by the Terms of Use but may enforce its terms against you as an intended third-party beneficiary of these Terms of Service.

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13. PREMIUM SERVICES
Some Services may be offered to you conditioned on your payment of a fee (each, a “Collins Martin Agency Premium Service”). By using a Collins Martin Agency Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service, in addition to these Terms of Use. You may register for each Collins Martin Agency Premium Service by completing the applicable registration form.
 
Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If a Collins Martin Agency Premium Service does not recognize your device from a previous sign-in, Collins Martin Agency will ask you  for information that will help identify your registration. It is your responsibility to maintain the confidentiality of any passwords established. You are entirely responsible for all activities that occur under your account, and agree to notify Collins Martin Agency immediately of any unauthorized use of your account.

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Charges for Premium Service
Collins Martin Agency will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. Collins Martin Agency is not liable for any loss that you may incur due to someone else using your password or account, whether with or without your knowledge.
 
Limited to Personal and Non-Commercial Use
Any Collins Martin Agency Premium Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from any Collins Martin Agency Premium Service without our prior written consent.
 
Cancellation
You may cancel your membership in a premium service at any time by contacting Collins Martin Agency using the contact information provided on the applicable premium service.

Collins Martin Agency reserve the right to terminate your access to a premium service or any portion thereof at any time, without notice.

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Service Contact
You may email your requests for customer service through the contact information provided within the applicable Collins Martin Agency Premium Service.

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14. INTERNATIONAL USE/U.S. EXPORT CONTROLS
Accessing materials through the Services by certain persons in certain countries may not be lawful, and Collins Martin Agency makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.

The United States controls the export of any software downloadable from the Services. No software or any other materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You must comply with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

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15. GENERAL
These Terms of Use and any Additional Terms are governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered and performed entirely within such state, without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to these Terms of Use, the Additional Terms, or the Properties, Services, or Privacy Notice, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in New York, New York, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction, provided, however, that the party that commences an action to enforce, vacate or otherwise modify an arbitration award shall not include any confidential information in such filing unless required to do so by applicable court rules and, if so required, shall take all reasonable actions to prevent the disclosure of such confidential information, including but not limited to moving for permission to make its initial filing under seal or filing a redacted version of its filing that omits such information. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to these Terms of Use within one year after the claim arises. You agree that a proceeding commenced after this date is barred.

If any provision of these Terms of Use, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms of Use shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms of Use shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, these Terms of Use make up the entire agreement between you and Collins Martin Agency with respect to the use of the Properties and Services and shall not be modified except in writing, signed by an authorized representative of Collins Martin Agency. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account. If you have any questions concerning these Terms of Use, the Properties or the Services, please contact Collins Martin Agency by clicking here.

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16. INTELLECTUAL PROPERTY NOTICES
Ownership and Use of Intellectual Property
Collins Martin Agency or its affiliates own or license all aspects of the Properties and  Services, including text, photographs, graphics, video and audio material, software, logos, titles, characters, names, and button icons (collectively “Intellectual Property”). The Intellectual Property is protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. 

 

You may view, store, print, reproduce, and distribute content within the Properties and Services solely for your personal, non-commercial purposes, provided that you (a) do not modify any content and (b) include this page and any other notice regarding content use or ownership with all stored, reproduced, or distributed pages.

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Except as noted in the previous sentence, you may not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute, perform publicly, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer, or sell any Intellectual Property, or any other information, software or products obtained from or through the Properties or Services, in whole or in part, without the express written permission of Collins Martin Agency. 

Additionally, you may not create or promote a website with hyperlinks to any page beyond the homepage or initial display of any Property (a/k/a “deep linking”), frame the Properties or any web page or material contained within the Services, or include hyperlinks to any aspect of the Services in an email for commercial purposes, without the express written permission of Collins Martin Agency.

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Copyright Infringement
Collins Martin Agency respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials, you (a) grant permission to have the User Materials posted on the Properties or via any other of the media channels used for the Services, and (b) represent that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. 

 

Collins Martin Agency may independently remove material that it reasonably believes to be infringing the rights of a third party, but has no obligation to do so. Collins Martin Agency’s actions do not affect any other rights Collins Martin Agency may have under law or contract.

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Procedure for Making Claim of Copyright Infringement
If you believe that any portion of the Intellectual Property infringes copyrights in your independent work of authorship, you may send written notification to our Designated Agent in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”):

Designated Agent
Collins Martin Agency Insurance Company

By Email
To be effective under U.S. copyright law (17 U.S.C. § 512(c)), the Notification must include: 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Collins Martin Agency to locate the material;

• Information reasonably sufficient to permit Collins Martin Agency to contact the complaining party, such as an address, telephone number, and, if available, an email address; and

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that the Notification process is valid only with respect to a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

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17. CHANGES TO THESE TERMS OF USE
Collins Martin Agency reserves the right, in its sole discretion, to change these Terms of Use and/or the Additional Terms at any time. Collins Martin Agency will endeavor to provide notice of any material change to these Terms of Use on the Properties. Regardless of such notice, your continued use of the Properties and Services constitutes your agreement to be bound by any changes to these Terms of Use. Please review these Terms of Use and/or the Additional Terms periodically for changes.