Terms of Use for P.W. Wood & Son, Inc
1. Acceptance of Terms of Use and Amendments.
2. Our Service.
3. Your Responsibilities and Registration Obligations.
4. Privacy Policy.
5. Your Conduct.
6. Submission of Content on this Website.
7. Third Party Services.
8. Indemnification.
9. Disclaimer of warranties and Limitations on Damages.
10. Limitation of liability.
11. Reservation of Rights.
12. Notification of Copyright Infringement.
13. Applicable Law.
14. Miscellaneous Information.
1. Acceptance of Terms of Use and Amendments.
This website is operated by P.W. Wood & Son, Inc, a corporation organized and existing under the laws of the State of New York engaged in the business of providing for our clients’ personal insurance policy and risk management needs. Throughout the site, the terms “we”, “us” and “our” refer to P.W, Wood & Son, Inc. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
The website and the information herein constitute only general information and is not to be viewed, construed, or deemed specific, individualized insurance or fiscal advice. A review of the content and information available at and through this website is not a substitute for consulting with a qualified insurance agent or professional of your choice. Your use of this website or any of its features does not create, imply, initiate, or constitute the formation of a formal or informal business relationship between us.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. Each time you use or cause access to this website, you agree to be bound by these Terms of Use, including as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services, and such rules and guidelines shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy and our Online Insurance Account Access Terms and Conditions, which are also incorporated into these Terms of Use by reference.
Any new features or tools which are added to the current website shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
A breach or violation of any of the Terms will result in an immediate termination of your privileges as a user of the website.
Our website and services provided to you on and through our website on an “AS IS” and “AS AVAILABLE” basis, without any warranties, representations or conditions of any kind and without any endorsement. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. ***NO COVERAGES CAN BE BOUND OR CHANGES MADE TO YOUR POLICY, NEW OR EXISTING, WITHOUT RECEIVING A WRITTEN BINDER FROM OUR OFFICE. SUBMISSION OF FORMS FROM THIS SITE DO NOT CONSTITUTE A BINDING COVERAGE AGREEMENT***
We reserve the right to refuse service to anyone for any reason at any time.
3. Your Responsibilities and Registration Obligations.
In order to use this website, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission.
You explicitly agree, in using this website or any service provided, that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, discriminatory based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of your identity or any Content provided by you; (c) collect or harvest any data about other users; (d) provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; (e) spam, phish, pharm, pretext, spider, crawl, or scrape; or (f)provide any Content that may give rise to our civil or criminal liability, or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets. You further agree that we may, in our sole discretion and without recourse, at any time remove any content, information, or material from the website, make changes to the website or discontinue any and all aspects of any website services, and restrict online use, transmission, or storage of any information or data, regardless of its truth or accuracy. We assume no general or other duty of confidentiality as to any use or information, and you understand that use and all information transmitted is at your sole risk.
6. Submission of Content on this Website.
By providing any Content to our website: (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section; (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
Goods and services of third parties may be advertised or made available on or through this website. Third party links on this site may direct you to third party websites that are not affiliated with us. We do not endorse such links, sites, or third parties, we are not responsible for examining or evaluating the content or accuracy of third-party information or sites, and we do not warrant and have no liability or responsibility for any third-party materials, products, services or websites. We are not liable for any harm or damages arising from or related to your use of any third-party websites, services, content, or resources, and you are solely responsible to review, be familiar with, know the risks of, and know the terms of use of all third-party websites. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party. We expressly disclaim any and all liability in connection with any third-party content that may be accessed through this website.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorneys’ fees, that may be made by any third party due to or arising out of your conduct or in connection with this website or service, your provision of Content, your violation of these Terms of Use, the use of third party sites or information, or as may arise from any other violation of the rights of another person or party.
9. Disclaimer of Warranties and Limitations on Damages.
You understand and agree that your use of this website and any services or content provided (the “Service”) is made available and provided to you at your own risk. It is provided to you “as is” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. In no case shall P.W. Wood & Son, Inc, our directors, officers, shareholders, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our website or any products or services procured using our website, or for any other claim related in any way to your use of our website or any product or service procured using our website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
P.W. Wood & Son, Inc is a United States-based company and website. We make no representation that any aspect of our website or any product or service procured using our website is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access our website from other locations are responsible for compliance with applicable local laws.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you. It is expressly understood and agreed that each and every provision herein that provides for a limitation of liability, a disclaimer of warranties, or an exclusion of damages is intended to be a separable and independent element of risk allocation, intended to be enforced as such.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
12. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address: 2333 N. Triphammer Road Ithaca, NY 14850.
You agree that this Terms of Use and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with the laws of New York State, USA, without regard to or the application of New York’s conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive application of New York law, and the exclusive jurisdiction and venue of the Tompkins County Supreme Court, or other lower courts seated within Tompkins County, New York.
14. Miscellaneous Information.
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this website or in respect to the service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred. You also agree that we may assign our rights and obligations under this Terms of Use and, upon assignment, we shall be relieved of any further obligations.