PLEASE READ THIS INFORMATION CAREFULLY. YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
DRJ Ventures LLC dba Accurate Coverage ("Accurate Coverage") provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.gotomyurl.com/tos.
In addition, when using particular Accurate Coverage owned or operated services, you and Accurate Coverage shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Your use of our sites constitutes your binding acceptance of the TOS, including any modifications that we make.
Accurate Coverage may also offer other services that are governed by different Terms of Service. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
Accurate Coverage provides users with access to a large collection or online services and content (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for Accurate Coverage to provide the Service. You also understand that the Service may include certain communications from Accurate Coverage including but not limited to service announcements and administrative messages and that these communications are considered part of the Service.
You understand and agree that unless explicitly stated otherwise, any new feature that enhances the current Service, including the addition of new Accurate Coverage web sites, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that Accurate Coverage, its employees, affiliates and vendors, assume no responsibility for the timeliness, deletion, ms-delivery or failure to store any user communication, content, or settings.
You understand and agree that you are responsible for obtaining access to the Service and that access may involve third-party feeds as such service provider feeds or airtime charges. You further understand and agree that you are solely responsible for any feeds charged in obtaining access to the Service and any related advertisements.
You understand and agree that you are solely responsible for the provision, cost and maintenance of any equipment required for you to access the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You understand and agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service ("Personal Information") and (b) maintain and promptly update the Personal Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Accurate Coverage at its sole discretion, has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Accurate Coverage has the right to suspend or terminate your account , without prior notice, and Accurate Coverage may at its sole discretion, refuse any and all current or future use of the Service (or any portion thereof).
Accurate Coverage provides certain services only to You on a subscription basis ("Subscription Service). You will be entitled to receive the Subscription Service only during the subscription period ("Subscription Period") as specified in the enrollment form ("Enrollment Form").
Subscription Service will automatically renew on their renewal date for the same period as their initial period as specified in the Enrollment Form until cancelled by you.
You agree to pay Accurate Coverage the subscription fees as specified in the Enrollment Form in advance of the Subscription Period ("Subscription Fee"), regardless of whether the Subscription Period is on an annual or a month-to-month basis.. A valid credit card is required to subscribe to Subscription Services.
You agree to provide Accurate Coverage true, accurate, current and complete information on a valid credit card that you are legally authorized to use for the purpose of paying for Subscription Service during the initial Subscription Period and subsequent Subscription Periods.
In the event that your credit card expires before the end of the Subscription Period and you fail to to provide Accurate Coverage with updated credit card information, Accurate Coverage will terminate your access to the Subscription Service prior to the start of the subsequent Subscription Period.
Subscription Fee(s) are payable in United States dollars (including, if any, all applicable taxes).
You may cancel your access to the Subscription Service at anytime for any reason by submitting a cancellation requests ("Cancellation Requests") to Accurate Coverage. Subscription Fees are non-refundable and non-transferable. If you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund of the Subscription Fee(s) previously paid to Accurate Coverage.
Cancellation Requests must be submitted to Accurate Coverage in writing only by email sent to support@accuratecoverage.com or by postal Mail sent to:
DRJ Ventures LLC
Attn: Accurate Coverage Cancellation Department
105 S Ashland
Green Bay, WI 54303
Cancellation Requests must be received by Accurate Coverage no later than five (5) days before the end of the current Subscription Period in order to be effective in the current Subscription Period. Cancellation Requests received any later than five (5) days before the end of the Subscription Period will be effective at the end of the next Subscription Period.
Personal Information provided by you and other information collected about you is subject to the terms as specified by Accurate Coverage's Privacy Policy. For more information visit: http://www.gotomyurl.com/privacy/.
Some features of the Service require a membership account ("Membership Account"). Upon successfully creating a Membership Account, you will be assigned a user name and a password, that is unique to you, that will permit you and only you to access the Service. You agree that you are responsible for maintaining the confidentiality of your user name, password, and other Membership Account information and you further agree that you are fully responsible for all activities that occur under your Membership Account.
You agree to immediately notify Accurate Coverage of any unauthorized use of your Membership Account or any other breach of security.
You agree to ensure that you exit from your Membership Account at the end of each session.
You also agree that Accurate Coverage will not be held liable for any loss or damage arising from your failure to comply with the terms as set forth in section 8.
In consideration of your use of the Service, you agree to provide honest opinions and answers to any surveys or polls you participate in. Accurate Coverage maintains the right, at its sole discretion, to terminate your access to the Service if it deans that you are in breach of this provision.
When posting comments, opinions, or feedback ("Content") to the Service, you acknowledge that Accurate Coverage may or may not pre-screen Content, but that Accurate Coverage and its designees shall have the right, but not the obligation, in their sole discretion to pre-screen, refuse or move any Content that is available via the Service.
Without limiting the foregoing, Accurate and its designees shall have the right, in their sole discretion, to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Accurate Coverage may access, preserve and disclose your account information, Membership Account and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Accurate Coverage, its users and the public.
Accurate Coverage does not claim ownership of Content you submit or make available to other users of the Service. However, with respect to Content you submit or make available to publicly accessible areas of the Service, you grant Accurate Coverage a perpetual, worldwide, royalty-free, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Publicly accessible areas of the Service are those areas of the Service that are intended by Accurate Coverage to be available to the general public including but not limited to blogs and discussion forums.
You agree to indemnify and hold Accurate Coverage and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service or access to the Service without prior express written permission from Accurate Coverage.
Accurate Coverage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Accurate Coverage shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCURATE COVERAGE PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCURATE COVERAGE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ACCURATE COVERAGE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
IN NO EVENT WILL ACCURATE COVERAGE OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ACCURATE COVERAGE OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF SERVICE OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
The Service is the property of Accurate Coverage, and subject to the intellectual property rights of Accurate Coverage and its licensors. © 2008 Accurate Coverage. All rights reserved.
Accurate Coverage may provide you with notices, including those regarding changes to the TOS, by e-mail, or postings on the Service.
The TOS constitutes the entire agreement between you and Accurate Coverage and governs your use of the Service, superseding any prior agreements between you and Accurate Coverage with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other Accurate Coverage services.
The TOS and the relationship between you and Accurate Coverage shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. You and Accurate Coverage agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Brown, Wisconsin.
The failure of Accurate Coverage to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.