TERMS OF USAGE ("TERMS") FOR THE WEB SITE OF THE ARIZONA SELF-INSURERS ASSOCIATIONBy using this web site (the "Web Site") you agree to be bound by the Terms and Conditions set forth below. Use of the Web SiteThe Web Site is for the use of individuals in connection with the Organization only and may not be used for any other purposes, including any commercial purposes. Any improper and/or unauthorized uses of the Web Site are prohibited. You further agree that through your use of the Web Site, you agree to and accept the Privacy Policy of the Web Site. Use by ChildrenThe Web Site does not offer products or services for sale to, and does not solicit or accept contributions or payments from children under 18. By using the Web Site, you represent to us that you are 18 years old or older. The Organization, its donors, employees, officers, agents, servants and directors will not be liable for any damages that may result from misrepresentation of age by a user of the Web Site. Copyright and Other RightsThe Organization owns and retains all proprietary rights to all material in the Web Site. The Web Site may contain the copyrighted material, trademarks, and other proprietary information of the Organization. The Web Site's custom graphics and other content may not be copied, imitated or used, in whole or in part, except as provided for herein. You may electronically copy and print hard copy portions of the Web Site for the sole purpose of using materials it contains for informational and educational use only. Any other use of the materials in the Web Site, including any commercial use, reproduction for purposes other than described above, and/or any modification, distribution, republication, display or performance is prohibited. DisclaimerTHE WEB SITE AND THE MATERIALS IN THE WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ORGANIZATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ORGANIZATION DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT THE ORGANIZATION PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE ORGANIZATION DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Organization reserves the right to change any and all content contained on the Web Site at any time without notice. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Organization. Limitation of LiabilityIN NO EVENT SHALL THE ORGANIZATION OR ITS DONORS, EMPLOYEES, OFFICERS, AGENTS, SERVANTS AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE ORGANIZATION OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE ORGANIZATION'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ORGANIZATION (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE WEB SITE EXCEED THE MEMEBERSHIP FEES YOU PAID THE ORGANIZATION FOR ACCESS TO OR USE OF THE WEB SITE FOR THE PREVIOUS 12 MONTHS FROM THE DATE OF THE CLAIM. Third Party LinksThe Organization may allow links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. The Organization does not monitor, nor does it have any control over, any Third Party Content. The Organization does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The Organization makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Web Site, you should be aware that the Organization's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk. Severability and Non-waiverIf any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of the Organization to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of the Organization's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. IndemnityYou agree to defend, indemnify and hold harmless the Organization, its donors, employees, officers, agents, servants and directors, from and against any third party claim whether or not caused by or claimed to be caused by concurring or contributory act, omission or negligence, whether active or passive by the Organization, its donors, employees, officers, agents, servants or directors for, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of your use of the Web Site, including without limitation any actual or threatened suit, demand, or claim made against the Organization and/or its donors, employees, officers, agents, servants and directors . JurisdictionThe laws of the State of Arizona will govern and construe these Terms of Use without giving effect to any conflict of laws or provisions to the contrary. ArbitrationIn the event any dispute or controversy arising out of the use of the Web Site or this agreement cannot be settled by the parties, such controversy or dispute shall be submitted to binding arbitration in Arizona. Arbitration shall be sole mechanism for the resolution of any dispute that arises, and for this purpose each user hereby expressly consents to such arbitration in such place. In the event the parties cannot mutually agree upon an arbitrator to settle their dispute or controversy, each party shall then select one arbitrator and the two so selected shall select a third arbitrator. |