This system is owned and operated by Definity Communications Corporation. This system, and the service it provides are made available for a fee. The right to use this service is provided by revocable license. This system and all information stored within it is protected by copyright. No part of this system may be stored, recorded, reused, modified or reverse engineered for any purpose without the express written consent of Definity Communications Corporation. Unauthorized access or use is prohibited.
Last Updated: May 2005
First Displayed: February 2003
1. THIS IS AN AGREEMENT BETWEEN YOU AND DEFINITY
This is a legally binding agreement ("Agreement") between you and Definity Communications Corporation. This Agreement governs your access of and use of the Definity Claims Center (each, a "DEFINITY Web Site," and collectively, the "DEFINITY Web
Sites" or "Claim Center"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
DEFINITY OFFERS THE DEFINITY WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE DEFINITY CLAIM CENTER SYSTEM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. HOW DEFINITY MAY MODIFY THIS AGREEMENT
DEFINITY reserves the right to change the terms, conditions, and notices under which it offers the DEFINITY Web Sites, including any charges associated with the use of the DEFINITY Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any DEFINITY Web Site. Your continued use of the DEFINITY Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any DEFINITY Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that DEFINITY Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a DEFINITY Web Site, then the terms in this Agreement shall control.
4. NO UNLAWFUL ACCESS OR HARMFUL USE OF THE DEFINITY WEB SITES
The DEFINITY Web Sites are only for access by persons or groups specifically licensed by DEFINITY for access to the Claim Center System. You are strictly forbidden from sharing, loaning or transferring your account or other logon information, or using such an account or logon information. Unauthorized access to a secure communications system is a federal crime and will be vigorously prosecuted under TITLE 18 UNITED STATES CODE § 1030.You will not use the DEFINITY Web Sites in any way that is unlawful, or harms DEFINITY, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "DEFINITY Party" and collectively, the "DEFINITY Parties") or any customer of a DEFINITY Party, as determined in DEFINITY's sole discretion. DEFINITY may tell you about certain specific harmful uses in a code of conduct or other notices available through a DEFINITY Web Site, but has no obligation to do so. You may not use the DEFINITY Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the DEFINITY Web Sites. Without limiting the generality of this section, you may not use the DEFINITY Web Sites in any manner that could damage, disable, overburden, or impair any DEFINITY Web Site (or the network(s) connected to any DEFINITY Web Site) or interfere with any other party's use of the DEFINITY Web Sites.
5. Proprietary Rights in Content, Methods and Trade Dress in the Claim Center
You acknowledge and agree that the Claim Center uses and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, modify, sell, distribute, license, reverse-engineer or create derivative works based on the Definity Claim Center in whole or in part for any purpose whatsoever. You agree not to access the Service by any means other than through the interface that is provided by Definity for use in accessing the Service.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to DEFINITY related to the DEFINITY Web Sites (a "Submission"), you grant DEFINITY permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the DEFINITY Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. DEFINITY will not pay you for your Submission. DEFINITY may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, DEFINITY may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the DEFINITY Parties or any customer of a DEFINITY Party.
Your use of any software associated with the DEFINITY Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then DEFINITY grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the DEFINITY Web Sites and in accordance with this Agreement. DEFINITY reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. DEFINITY or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. DEFINITY may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the DEFINITY Web Sites.
8. DEFINITY MAKES NO WARRANTY
DEFINITY PROVIDES THE DEFINITY WEB SITES "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, THE DEFINITY PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE DEFINITY PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE DEFINITY WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY DEFINITY PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE DEFINITY WEB SITES, EVEN IF SUCH DEFINITY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 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 (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE DEFINITY WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY DEFINITY PARTY WITH RESPECT TO THIS AGREEMENT OR THE DEFINITY WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DEFINITY WEB SITES.
10. CHANGES TO THE DEFINITY WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE DEFINITY PARTIES MAY CHANGE THE DEFINITY WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the DEFINITY Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by DEFINITY and persons other than DEFINITY (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE DEFINITY PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTUOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT DEFINITY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE DEFINITY WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE DEFINITY WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE DEFINITY WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE DEFINITY WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTION
DEFINITY may terminate this Agreement, or terminate or suspend your access to the DEFINITY Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the DEFINITY Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE DEFINITY WEB SITES MAY NOT BE RETRIEVED LATER.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Georgia, without reference to conflict of laws principles. If this Agreement is with a DEFINITY affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such DEFINITY affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject DEFINITY Web Sites are directed. If this Agreement is with DEFINITY COMMUNICATIONS CORPORATION, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Cherokee County, Georgia, USA in all disputes arising out of or relating to the use of the DEFINITY Web Sites.
13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. DEFINITY may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the DEFINITY Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and DEFINITY with respect to the DEFINITY Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DEFINITY with respect to the DEFINITY Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
14. Indemnity. You agree to indemnify and hold harmless Definity, its officers, agents and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the Content you Upload, your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party.
15. Limitation on Liability. In no event will Definity be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Definity has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Definity’s 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, if any, by you to Definity for the Service.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the DEFINITY Web Sites are Copyright © 1999-2004 DEFINITY COMMUNICATIONS CORPORATION and/or its suppliers, PO BOX 725469, Atlanta, Georgia 31139-2469 U.S.A. All rights reserved. DEFINITY, DEFINITY logo (Words "Definity Communications" inside green/blue circle Word "Corporation" below), and/or other DEFINITY products and services referenced herein may also be either trademarks or registered trademarks of DEFINITY in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain DEFINITY Web Sites servers is based in part on the work of Collin R. Windsor. Copyright © 1989 -2004 Collin R. Windsor. All rights reserved.