MCIC Vermont Web Site Agreement
Welcome to the MCIC Vermont Web site (the "Service"). The Service is an online information and communications service provided by MCIC Vermont (A Reciprocal Risk Retention Group) ("MCICVT"), subject to your compliance with the terms and conditions set forth below, including the Confidentiality Agreement set forth as Exhibit A hereto. By using the Service, you represent that you have read, and you agree to abide by and be bound by all of the terms of the following Agreement:
- "MCIC Vermont" and the MCIC Vermont "shield" design are registered trademarks of MCICVT in the United States. Additionally, the Service (including, but not limited to text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States. You must abide by all additional copyright notices or restrictions contained in the Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright. Certain other marks which appear on this Web site may be marks of third parties that are not affiliated with MCICVT. MCICVT and its affiliates do not control or endorse the content of third party Web sites.
- You agree to indemnify and hold harmless MCICVT, its directors, officers, managers, employees, shareholders, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 2. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- The Service is available "as is". We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the information or other materials available through the Service. We are not responsible for the availability or content of other services that may be linked to the Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Service or available though links in the Service. We reserve the right to correct any errors or omissions in the Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to the Service, we do not guarantee or warrant that the Service or materials that may be downloaded from the Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Service and any materials available through the Service, you do so solely at your own risk.
- MCICVT and its officers, directors, managers, employees, shareholders, subsidiaries, affiliates, agents, or licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to the Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of the Service.
- You agree to abide by the terms of the Confidentiality Agreement set forth below as Exhibit A.
- This Agreement shall be governed by the laws of the United States and New York. BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
- As used herein, "Confidential Information" means all data, reports, records, documents and statements of any kind, which are provided by the Service and are not available to the general public; provided, however, that "Confidential Information" shall not include information that (i) was available to you on a non-confidential basis prior to its disclosure by the Service or (ii) has become available to you on a non-confidential basis from a source other than MCICVT or its representatives.
- Except as expressly permitted in writing by MCICVT, you will not in any manner, directly or indirectly, disclose, in whole or in part, any Confidential Information to any person or use such Confidential Information in any way detrimental to MCICVT.
- You agree that any person to whom the Confidential Information is disclosed by you will be advised by you of the confidential nature of such information and that by receiving such Confidential Information they are agreeing to be bound by the terms of this Confidentiality Agreement.
- You understand that, except as may otherwise be expressly agreed in writing, MCICVT does not make any representation or warranty as to the accuracy or completeness of the Confidential Information. You agree that neither MCICVT nor its representatives shall have any liability to you or any other person resulting from your use of the Confidential Information.
- You agree that money damages would not be a sufficient remedy for any breach of this Confidentiality Agreement by you and that MCICVT shall be entitled to specific performance and injunctive or other equitable relief as remedies for any such breach. Moreover, should litigation be necessary to enforce any provision hereof, MCICVT, should it prevail, shall be entitled to recover all costs, including reasonable legal fees. Such remedies shall not be deemed to be the exclusive remedies but shall be in addition to all other remedies available at law or in equity to MCICVT. You waive any requirement for the securing or posting of any bond in connection with any such remedy.