REPRESENTATIONS ABOUT CUSTOMER
You represent and warrant to us that you have the power and authority to enter into this Agreement. You represent and warrant that the information that you provide to us will be current, true, accurate, supportable and complete, and that if you provide incorrect or incomplete information it may affect the value of the Website to you. Furthermore if you provide information that is incorrect or incomplete it will render the guarantee void and payments forfeited. The Website is not designed for use by children under the age of 18, and we do not intentionally collect personal information from children through our Website. Thus, as a condition to using our Website, you represent and warrant to us that you are at least 18 years of age.
The Black Walnut Group does not charge you a fee to use the Website. Service Providers may pay The Black Walnut Group fees for services and to be matched with users of the Website, however. The Black Walnut Group is not involved with and is not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby release The Black Walnut Group of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services, including any fees charged by a Service Provider.
INTELLECTUAL PROPERTY WITH RESPECT TO THE WEBSITE
The content of this Website is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Website and all related intellectual property not expressly granted under this Agreement. If you submit comments, suggestions, ratings, or other feedback regarding the Website or your experience (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you. You are granted permission to use the information provided to you on or via the Website solely for your own personal, non-commercial use, provided that none of the content is modified and that any legal legends are retained. Except as stated herein, none of the content may be used, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written permission.
RESTRICTIONS ON USE OF THE WEBSITE
You may not rent, lease, lend, sell, redistribute, reproduce or sublicense the Website. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit the Website in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
LIMITATIONS ON AVAILABILITY
The Website or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Website is available or permitted in any particular location. Use of the Website is void where prohibited. You use the Website at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Website as required by law.
DISCLAIMER OF WARRANTY
THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR ESTIMATES MIGHT BE WRONG. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL The Black Walnut Group BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, WARRANTY, RELIANCE, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, The Black Walnut Group ’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO USE BY YOU FOR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF DAMAGES OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
CONSENT TO RECEIVE COMMERCIAL EMAIL
We would like to be able to make certain commercial offers available to you from time to time. AS SUCH, IF YOU PROVIDE YOUR EMAIL TO US, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM US AND/OR OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT SUCH EMAIL ADDRESS MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
This Agreement may be modified by The Black Walnut Group at any time by updating and posting a new version of it on the Website or by otherwise notifying you of the revised Agreement. By subsequently using the Website, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
U.S. GOVERNMENT RESTRICTED RIGHTS
The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
The courts sitting in the USA shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
WHAT INFORMATION DOES The Black Walnut Group COLLECT?
“Sensitive Information” means any information that may be used to identify an individual or your Company associated with your account, including, but not limited to, Company name, first and last name, office or other physical address, email address and password, phone number, age information, social security number, tax identification number, current policy and/or record information, credit information, and credit card or other payment information. We may ask you to provide Sensitive Information that will enable us to enhance your use of the Service, for purposes such as facilitating correspondence with you, registering your entitlement to access certain special features, or to complete transactions. It is always your choice whether or not to provide that Sensitive Information. If you choose not to provide requested Sensitive Information, you may not be able to use certain features of the Service.
Technical Information. We may collect and use technical data and related information—including but not limited to technical information about your device(s), system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service. We may also automatically receive and record information on our server logs from your browser, which could include your IP address, cookie information, browser information, and the page you request. We do not deem this information to constitute Sensitive Information and while we will not use it in a way that associates such information with you, such information may be aggregated and used. The Black Walnut Group owns this information and may use it in any manner it deems appropriate.
Location Based Information. You also acknowledge and agree that The Black Walnut Group may collect location-based data from you through the Service (“Location Based Information”).
HOW DOES The Black Walnut Group USE SENSITIVE INFORMATION?
Except as otherwise set forth herein, or in any applicable Terms of Service, Sensitive Information and Location Based Information that you provide will be kept confidential and used to support your relationship with The Black Walnut Group and our products and services. Among other things, we want to help you quickly find information through our Service, leverage our tools in connection with your authorized use of our products and services, process payment, facilitate interaction with third party services, and alert you to product upgrades, special offers, updated information and other new products and services from The Black Walnut Group .
[The Black Walnut Group may use Location Based Information, as long as it is in a form that does not identify you, to improve, market or promote its products (including without limitation to comply with applicable laws or regulations related to insurance) or to provide services or technologies to you. The Black Walnut Group may also sell or license Location Based Information regarding its users to third parties, including Service Providers, but not in a manner in which the recipient will be able to identify you personally. You acknowledge that certain information or content that you provide in connection with the Service may inherently allow or help third parties to personally identify you.]
SHARING OF SENSITIVE INFORMATION
Except as set forth herein or in any applicable Terms of Service, The Black Walnut Group does not rent, sell or share Sensitive Information or Location Based Information it collects about you to or with third parties, and Sensitive Information and Location Based Information collected from you is only used to provide you with products and services and to comply with any requirements of law.
Agents or contractors of The Black Walnut Group may have access to your Sensitive Information and Location Based Information on a need-to-know basis for the purpose of performing services on behalf of The Black Walnut Group . All such agents or contractors who have access to such information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for The Black Walnut Group or as otherwise required by law.
We may also share certain Sensitive Information or Location Based Information with institutions providing possible product offerings to you based on the information you submit through the Website, and/or certain The Black Walnut Group vendors in order to allow them to use that information to obtain and provide us with additional information about you, and/or product offerings that might be of interest to you.
The Black Walnut Group or its agents or contractors may disclose Sensitive Information or Location Based Information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process; (2) protect and defend the rights or property of The Black Walnut Group or its agents or contractors; or (3) act in urgent circumstances to protect the personal safety of users of the Service or the public.
Finally, if The Black Walnut Group should ever merge with another organization, file for bankruptcy, or sell our assets, we may transfer the information you provide to us on through the Service to a third party or share your Sensitive Information to the company with which we enter into such transaction as a part of such transaction.
SECURITY OF YOUR INFORMATION
We maintain physical, electronic, and procedural safeguards designed to protect Sensitive Information, and our systems are designed to protect Sensitive Information from unauthorized usage on shared computers in that users are required to log in through our applications. Despite the actions and precautions we take, however, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of your Sensitive Information and you transmit it to us at your own risk.
Please keep in mind that whenever you voluntarily disclose Sensitive Information through public facing aspects of the Service, through e-mail, or in chat areas, that information can be collected and used by others. In short, by posting Sensitive Information online that is publicly accessible, you may receive unsolicited messages from other parties in return. We are not responsible for the security or privacy of any Sensitive Information you choose to submit in connection with these public features.
We may send an email to you at the email address you have provided to us in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
THIRD-PARTY WEBSITES, SERVICES AND APPLICATIONS
Sensitive Information collected through the Service may be stored and processed in the United States or any other country in which The Black Walnut Group or its affiliates, subsidiaries, agents or contractors maintain facilities, and by using the Service, you consent to any such transfer of information outside of your country.
CONTACTING The Black Walnut Group