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Alternative Market Services Inc. dba: MartinoWest Business & Insurance Solutions (MartinoWest), Back Office Support Services ("BOSS"), a division of MartinoWest any subsidiaries and affiliates provides online access to the information and services under the following terms and conditions. By accessing and/or using the Site, you indicate your acceptance of these terms and conditions. Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with any applicable additional terms and conditions, are referred to as this "Agreement."
BOSS reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
- LAWS AND REGULATIONS. Access to and use of this site is subject to any applicable international, federal, state and local laws and/or regulations. User agrees not to use the Site in any way that violates such laws or regulations.
- USE OF SITE. You may use the Service, Site and the information, writings and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your contracted business's purposes and/or to learn about BOSS products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. BOSS reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the site.
- COPYRIGHT AND TRADEMARKS. The information available on or through this Site is the property of BOSS, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this tie for commercial or public purposes. Users may not use the trademarks, logs and service marks ("Marks") for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites on the internet without the written permission of BOSS or such third party may own the Mark.
- THIRD PARTY INFORMATION. BOSS makes every effort to insure the accuracy of all information on the Site, BOSS makes no warranty as to the accuracy of any such information.
- LINKS TO THIRD-PARTY WEB SITES. Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BOSS of the third party, the third-party web site, or the information contained therein. BOSS is not responsible for the availability of any such web sites. BOSS is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of BOSS affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy applicable to those web sites.
- LINKING TO THIS SITE. If you would like to link to the Site, you must follow BOSS's link guidelines. Unless specifically authorized by BOSS< you may not connect "deep links" to the Site, i.e, create links to this Site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. BOSS reserves the right to disable any unauthorized links or frames.
- DOWNLOADING FILES. BOSS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
- DISCLAIMER OF WARRANTIES. BOSS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSEOVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BOSS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS IMPLIED, STATUATORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BOSS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVCIE WILL BE CORRECTED. BOSS DOES NOT WARRANT THE ACCUARCY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERCIE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOSS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL BOSS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITIATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF BOSS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- PRIVACY.
- SECURITY. Data transmitted to and from BOSS client Sites is encrypted for the user's protection. However, the security of information transmitted through the Internet can never be guaranteed. BOSS is not responsible for any interception of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of BOSS sites. In order to protect you and your data, BOSS may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
- USER CONDUCT. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to us the Site in any manner that might interfere with the rights of third parties.
- PASSWORD SECURITY. You are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
- GENERAL PROVISIONS
- Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by BOSS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BOSS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BOSS does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- Enforcement/Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, BOSS's Privacy Policy, your use of the Site, any other BOSS web site , the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.
- Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.
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