Acceptance of Terms
New Empire Insurance Services (“New Empire Insurance Services”) welcomes you to its Web Site (the “Site”). By accessing this Site, you agree to be bound by these terms and conditions that govern your use of our Site (the “Agreement”). If you do not agree to these terms and conditions, please do not use the Site. We may from time to time change the terms and conditions that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may change, move, delete portions of, or may add to, our Site from time to time. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages on this Site.
This Site and the Materials herein are provided on an “as is” basis. New Empire Insurance Services makes no representations or warranties, either express or implied, of any kind with respect to this Site, its contents or the insurance products offered. New Empire Insurance Services disclaims all such representations and warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In addition, New Empire Insurance Services does not represent or warrant that the information accessible via this Site is accurate, complete or current. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that New Empire Insurance Services shall not be liable for any damages of any kind related to your use of this Site. Price and availability information is subject to change without notice. New Empire Insurance Services has no obligation to update this Site and keep it current. It is up to you as a prudent reader to understand and determine on your own what you need to do in order to make informed decisions in connection with the insurance products offered on this site. YOUR INSURANCE POLICY, NOT THE STATEMENTS ON THIS WEB SITE, FORMS THE CONTRACT BETWEEN THE INSURED AND THE INSURER. Please contact New Empire Insurance Services for the most current prices, terms and availability. This Site could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of this Site. New Empire Insurance Services may make improvements and/or changes in the Material(s), product(s) and/or the program(s) described in this Site at any time. This Site can be accessed from all states and from other countries around the world and may contain references to New Empire Insurance Services, services, products, and programs that have not been announced in your state or country. These references do not imply that New Empire Insurance Services intends to announce such services, products, or programs in your state or country. PLEASE CONTACT NEW EMPIRE INSURANCE SERVICES TO DETERMINE THE AVAILABILITY OF ITS PRODUCTS, SERVICES AND PROGRAMS IN YOUR STATE OR COUNTRY.
This Site is protected by copyright: Copyright ©2001 – 2019 New Empire Insurance Services. All rights reserved. Except as specifically permitted herein, no portion of the Materials (as defined below) posted on this Site, including but not limited to editorial and pictorial content, may be reproduced in any form or by any means without prior written permission from New Empire Insurance Services. See Contacting New Empire Insurance Services for contacts to obtain such permission.
All pages on this Site, including the name “New Empire Insurance Services”, logo, splash screen and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress (collectively, “Marks”) of New Empire Insurance Services or licensed to it by third parties. You are not permitted to use the Marks without the prior written consent of New Empire Insurance Services or such third-party that may own the Marks.
GENERAL USE PARAMETERS AND RESTRICTIONS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio clips, video clips, news articles, documents, products, software, services, forms and written and other materials that are part of this Site (collectively, the “Materials”) are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to New Empire Insurance Services or third parties (other than New Empire Insurance Services, “Third-Party Providers”). Except as stated herein under the terms of the Site, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of New Empire Insurance Services or the Third-Party Provider. No part of the Site, including logos, graphics, sounds, images, layout or design may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of New Empire Insurance Services. You also may not, without New Empire Insurance Services’ prior express written permission, “mirror” any Material contained on this Site on any other server. Any use of these Materials on any other Web site or networked computer environment for any purpose is prohibited. Nothing on this Site shall be construed as conferring any license under any of New Empire Insurance Services’ or any Third-Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Unless otherwise indicated by the terms of the Site, permission is granted to display, copy, distribute and download New Empire Insurance Services’ Materials on this Site provided that: (1) both the copyright notice which appears on this Site and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of this Site’s terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. Documents specified above do not include the design or layout of this Site or elements protected by trade dress that are protected by United States and International law and other intellectual property rights and may not be copied or imitated in whole or in part. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
USE OF SOFTWARE
The Software and accompanying documentation that may be made available to download from this Site from time to time are the copyrighted work of New Empire Insurance Services and/or third parties. Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with such Software. You will not be able to download or install any Software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you will not be able to use the Software.
SUBMISSION AND THIRD-PARTY CONTENT DISCLAIMER
You agree that nothing submitted by you to the Site shall contain any content which: a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks; c) violates any law; d) advocates illegal activity; or, e) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively, “Non-Approved Material”). You acknowledge that you are responsible for the Materials that you submit, and you, not New Empire Insurance Services, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright. Materials provided by Third-Party Providers have not been independently authenticated in whole or in part by New Empire Insurance Services. New Empire Insurance Services does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by New Empire Insurance Services. Anything submitted that is of a threatening or libelous nature on this Site which might be considered a violation of any law may require New Empire Insurance Services to report and fully cooperate with any law enforcement authorities or a court order requesting or directing New Empire Insurance Services to disclose the identity of anyone submitting any such Materials.
THIRD-PARTY LINKS – GENERALLY
This Site may contain links to third-party Web sites, which are not under the control of New Empire Insurance Services. New Empire Insurance Services makes no representations of any kind regarding the content or appropriateness of content on such sites, and you hereby irrevocably waive any claim against New Empire Insurance Services with respect to such sites. When you access a third-party Web site from this Site, you leave this Site and you do so at your own risk. New Empire Insurance Services is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these other Web sites. New Empire Insurance Services permits or provides these links merely as a convenience. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. New Empire Insurance Services webmaster (email@example.com) would appreciate being copied on any complaint or concern expressed to a third-party site linked to this Site so that it can be determined whether any action should or can be taken from this Site which might respond to your complaint or concern.
THIRD-PARTY WEBSITES SEEKING TO LINK
If you would like to link to New Empire Insurance Services’ Site, please read and comply with the following guidelines and all applicable laws. A Web site that links to New Empire Insurance Services’ Site:
- May link to, but not replicate, New Empire Insurance Services content.
- Should not create a browser or border environment around New Empire Insurance Services content.
- Should not imply that New Empire Insurance Services is endorsing it or its products.
- Should not misrepresent its relationship with New Empire Insurance Services, its shareholders, officers or directors.
- Should not present false information about New Empire Insurance Services, its services or activities.
- Should not use the New Empire Insurance Services logo, screen shot, splash screen or any New Empire Insurance Services Marks displayed on this Site without permission from New Empire Insurance Services.
- Should not be a Web site that infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks, violating any law or advocating illegal activity.
- Should not be a Web site that contains content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
Any Web site that creates a link to New Empire Insurance Services’ Site which New Empire Insurance Services discovers violates these terms and conditions, New Empire v expressly reserves the right to request that such a link be removed and to undertake whatever other action it deems appropriate.
No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Site, nor does the inclusion of such links imply that New Empire Insurance Services endorses or accepts any responsibility for the content or uses of such linked Web sites.
LOCAL LAWS AND EXPORT CONTROLS
New Empire Insurance Services controls and operates this Site from its headquarters in New York and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws, including, but not limited, to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to Site visitors located in the United States. You acknowledge and agree that all Materials herein are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from New Empire Insurance Services, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. By downloading or using Materials, including Software from this Site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by New Empire Insurance Services from its offices within the State of New York, United States of America. By accessing this Site, you and New Empire Insurance Services agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. You and New Empire Insurance Services also agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of Nassau County and the United States District Court for the Eastern District of New York with respect to such matters. New Empire Insurance Services makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where this Site’s contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
This Agreement is effective unless and until terminated by either you or New Empire Insurance Services. You may terminate this Agreement at any time. New Empire Insurance Services also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in New Empire Insurance Services’ sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or New Empire Insurance Services, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
If you have a disability and the format of any material on our web pages interferes with your ability to access the information, please contact the webmaster by email at firstname.lastname@example.org. The webmaster will refer your request to the appropriate New Empire Insurance Services department, and the department will respond to your request. To enable us to respond in a manner most helpful to you, please indicate the nature of the accessibility problem, the web address of the requested material, your preferred format in which you want to receive the material (electronic format (ASCII, etc.), standard print, large print, etc.), and your contact information.
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