TERMS OF USE FOR EQUITY ONE INSURANCE AGENCY, L.L.C. WEBSITE

Last Modified:  4/2018 

1. GENERAL; ACCEPTANCE OF TERMS OF USE

Welcome to the Equity One Insurance Agency, L.L.C. (“Agency”, or “us”, “we” or the correlative term “our”) website (referred to herein as the “Website”) which you have accessed via one of the following URLs: www.ggiamo.com,  www.globalgreenmo.com,  www.ggiail.com,  or www.ggiastl.com.

These terms of use are entered into by and between you and this Agency. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use,  of this Website.

This Agency is an  independently owned and operated insurance agency known as and operating under the trade name “GlobalGreen Insurance Agency®”.  This Website is owned by the Agency.  This Agency is an Affiliate of Equity One Franchisors, LLC (“Franchisor”).   This Agency is not affiliated with any other independently owned and operated franchisees or licensees of Franchisor (collectively, “Franchised Agencies”), even though they may operate under the trade name “GlobalGreen Insurance Agency®”.  We may, from time to time, establish other Affiliates (“Affiliates” means companies related to our Agency by common ownership or control, which can be financial and nonfinancial companies).

Information about your privacy and our Privacy Policy and Online Privacy Notice (“Online Privacy Notice”) https://ggiamo.com/privacy-policy-and-online-privacy-notice is set forth in Section 5 below.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THIS WEBSITE. BY USING THIS WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR POLICIES CONTAINED IN OUR ONLINE PRIVACY NOTICE, FOUND AT https://ggiamo.com/privacy-policy-and-online-privacy-notice, INCORPORATED HEREIN BY REFERENCE.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE ONLINE PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE THIS WEBSITE. 

2. DISCLAIMER.

PLEASE NOTE THAT THESE TERMS OF USE APPLY ONLY TO YOUR USE OF THIS WEBSITE AND NOT THE WEBSITE OF FRANCHISOR  OR ANY WEBSITE OF ANY FRANCHISED AGENCIES. 

3. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use and/or the Online Privacy Notice from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of this Website thereafter.

Your continued use of this Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

4. ACCESSING THIS WEBSITE

We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, by users.

You are responsible for:

• Making all arrangements necessary for you to have access to this Website.
• Ensuring that all persons who access this Website through your internet connection are aware of these Terms of Use and comply with them.

5. PRIVACY

To access this Website or some of the resources it offers, you may be asked to provide certain Personal Information to this Agency and this Agency may be required to use and disclose such Personal Information from time to time in order to provide insurance services to you. For purposes of these Terms of Use, “Personal Information” means, generally, any nonpublic information related to an identified individual (e.g., you or your family), and is frequently referred to as “personally identifiable information”, “personal information”, “protected health information” and/or by similar names.  Examples of Personal Information include, but are not limited to, your name, address, Social Security Number, driver’s license number, assets, financial accounts and information, credit card numbers and accounts, credit history, income and medical information, among others.

All information we collect on this Website is subject to the provisions of our Online Privacy Notice https://ggiamo.com/privacy-policy-and-online-privacy-notice, the provisions of which are incorporated into these Terms of Use by this reference. You (i) agree that all information you provide to us in connection with this Website and/or in connection with your use of this Website and/or the services available through this Website, including but not limited to, through the use of any interactive features on this Website, is governed by our Online Privacy Notice https://ggiamo.com/privacy-policy-and-online-privacy-notice; and (ii) you consent to all actions we take with respect to your information consistent with our Online Privacy Notice.

For avoidance of doubt, this Website does not permit you to create an account or otherwise permit you to provide any information except as provided for in this Website

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use]

6. LINKS FROM THIS WEBSITE

This Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. These links include links contained in advertisements, including banner advertisements and sponsored links. The use of links to third party websites does not constitute or imply any affiliation with any of the third party websites or the owners thereof, and we do not endorse any such websites.   We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

7. INTELLECTUAL PROPERTY RIGHTS

This Website and its entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by this Agency or its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Agency hereby grants you a personal, non-exclusive, non-transferable, limited license to access and use this Website, the Website content and the software embodied in this Website solely as provided to you by this Agency and solely in connection with and solely during the term of your use of this Website. Such license and these Terms of Use permit you to use this Website for your use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of this Website for your own personal, non-commercial use and not for further reproduction, publication or distribution for commercial purposes.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• To the extent we link to social media networks in connection with this Website, e.g., Facebook, Google +, Pinterest, Twitter, LinkedIn and other social media networks, you may take such actions as are enabled by such features.

You must not:

• Print, download or otherwise use this Website for any commercial purpose.
• Modify copies of any materials from this Website for any commercial purpose.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use this Website or any content, services or features available through this Website for any use or purpose other than in accordance with these Terms of Use and applicable instructions provided on this Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Website in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by this Agency. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other applicable laws.

8. TRADEMARKS

The trade name  “GlobalGreen Insurance Agency®”, the phrase “more choices, better service ™” and all related names, logos, product and service names, designs and slogans are trademarks of the Franchisor and licensed to us.  In addition, the names of other companies and products mentioned on this Website and/or third party trade names and logos displayed on this Website may be the trademarks of their respective owners.   Nothing contained on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Franchisor trademark or third party trademarks displayed on this Website without the written permission of Franchisor or such third party that may own or holds the right, title and interest in other trademarks displayed on this Website.

9. PROHIBITED USES

You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, including the U.S. Foreign Corrupt Trade Practices Act, and the U.S. Export Administration Act).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate this Agency, the Franchisor and/or any employee, a franchisee or licensee of any of them, or another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by us, may harm this Agency, Franchisor or users of this Website or expose them to liability.

Additionally, you agree not to:

• Violate or attempt to violate any security features of this Website, or use or attempt to use this Website to violate any security features of a third party site, including without limitation:
  • Accessing content not intended for you, or logging onto a server or account that you are not expressly authorized to access.
  • Attempting to probe, scan, or test the vulnerability of this Website, or any associated system or network, or to breach security or authentication measures without proper authorization.
  • Reverse looking-up, tracing or seeking to trace any information on any other user of or visitor to this Website or any other customer of this Agency, including any account not owned by you, to its source, or exploit this Website or information made available or offered by or through this Website, in any manner in which the purpose is to reveal or misuse any information, including but not limited, to personal identification, other than your own information, as provided by this Website.
  • Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, submitting to this Website a virus, Trojan horse, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, overloading this Website, or “flooding,” “spamming,” “mail bombing,” or “crashing” this Website.
  • Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by this Agency in providing this Website.
• Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of this Website, including their ability to engage in real time activities through this Website.
• Use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
• Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of this Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website.
• Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of this Website.

10. MONITORING AND ENFORCEMENT; RIGHT TO TERMINATE

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website.
• Terminate or suspend your access to all or part of this Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND AGREE TO HOLD HARMLESS THIS AGENCY, FRANCHISOR AND THEIR RESPECTIVE SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review any material before it is posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

11. RELIANCE ON INFORMATION POSTED

The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by this Agency, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of this Agency. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NEITHER WE, NOR FRANCHISOR WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EQUITY ONE, NOR ANY PERSON ASSOCIATED WITH THIS AGENCY, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. THIS AGENCY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  IN ADDITION TO AND NOT IN LIMITATION OF ANY OF THE FOREGOING, NEITHER THIS AGENCY, NOR ANYONE ASSOCIATED WITH AGENCY, REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL THIS AGENCY OR ITS SERVICE PROVIDERS, OWNERS, EMPLOYEES, AGENTS, MEMBERS, LICENSORS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THIS AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless this Agency, and its owners, members, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of this Website, including, but not limited to, any use of this Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Website.

15. GOVERNING LAW AND JURISDICTION

All matters relating to this Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this Website shall be instituted exclusively in the United States District Court for the Eastern District of Missouri or the state courts of general jurisdiction sitting in St. Louis County, State of Missouri although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  Any disagreement between you and Equity One will be considered unique as to its facts and must not be brought as a class action, and you waive any right to proceed against Equity One by way of class action, or by way of a multi-plaintiff, consolidated or collective action.

If you have any questions, concerns, or suggestions regarding these Terms of Use, please contact us: www.info@ggiamo.com.

16. EQUITABLE RELIEF

Equity One reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or the rules and regulations set forth on this Website, including without limitation the right to block access from a particular internet address.

17. WAIVER AND SEVERABILITY

No waiver by Equity One of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Equity One to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. ENTIRE AGREEMENT

Except as expressly provided in a separate written agreement between you and this Agency or in our Online Privacy Notice, these Terms of Use, constitute the sole and entire agreement between you and this Agency with respect to this Website and the services provided therein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this Website.

19. YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support and other communications relating to this Website should be directed to: www.info@ggiamo.com.

This Agency does not want to receive confidential or proprietary information from you through this Website. Except as expressly provided in a separate written agreement entered into between you and this Agency.   By sending this Agency any information or material, you grant Equity One an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information consistent with the Online Privacy Notice, and you also agree that this Agency is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, except as set forth in the Online Privacy Notice we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

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