TERMS OF SERVICE

Welcome to Telivy!  By accessing and using this Website, you are agreeing to comply with and be bound by all of the following Terms of Service.  Please review these Terms of Service thoroughly and carefully.  If you do not agree with any of these terms, you should not use this Website.  

A.  Your Agreement and Use of this Website 

1.  “Telivy” is a registered trademark of Telivy, Inc., a Delaware corporation, and describes the Telivy family of companies, including its licensed insurance producer affiliate “Telivy Insurance Solutions” (“TIS”).  TIS is licensed in all states EXCEPT Florida, Massachusetts and New York (collectively, the “Excepted States”).  This website does not constitute a solicitation or offer of insurance in any Excepted State.  Consumers residing in the Excepted States are advised to contact a licensed insurance producer (broker or agent) to assist with their insurance needs.

2.  You are granted a non-exclusive, non-transferable, revocable license (a) to access and use this Website solely in accordance with these Terms of Service; (b) to use this Website solely for internal or personal purposes; and (c) to print out discrete information from this Website solely for internal, personal purposes and provided that you maintain all copyright and other policies contained therein.  No print out or electronic version of any part of this Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

3.  Your use of our website constitutes your agreement to use this Website consistent with these Terms of Service and acceptance of our Terms of Service and is expressly conditioned on your acceptance of the Terms of Service provided herein. Telivy reserves the right to modify any or all of these Terms of Service at any time without notice.  Your continued or subsequent use of this Website constitutes your acceptance of any revisions to the Terms of Service.  We recommend that you revisit our Terms of Service each time you access this Website. 

4.  The Terms of Service disclosed on this Website relate solely to your use of and access to this Website and do not amend, change, alter or modify in any way the terms, conditions, exclusions, requirements or limitations of any insurance policy or other product or service obtained via this Website.

5.  If you do not agree with our Terms of Service, in whole or in part, you must not use this Website.For additional information or if you have any questions concerning any of our Terms of Service, please contact us at info@Telivy.com. 

B.  Insurance Companies

We represent multiple insurance companies and insurance producers (agents/brokers) who provide a variety of insurance coverages and products.  Each insurance company has sole financial responsibility for the insurance policies it issues.  Eligibility for insurance products and coverages are subject to the requirements, qualifications, terms, and conditions imposed by each such insurer.  In addition, each insurance policy contains exclusions, limitations, and other conditions and requirements imposed by the issuing insurance company.Each insurer has its own underwriting guidelines and requirements.  Accordingly, you may not be eligible under the applicable underwriting guidelines for all products or services described on this Website.  Please contact us at info@Telivy.com if you have any questions.At any time and without notice, Telivy may change the insurance companies and/or insurance producers it represents and/or the coverages it makes available through this Website.  All insurance coverages, products, and services referred to in this Website are subject to availability and other qualifications. 

C.  Premium Quotes

Insurance premium quotes provided by this Website are only estimates of what you might pay for coverage based on the information you have provided to us.  Such quotes do not constitute a contract, binder, or agreement to extend insurance coverage at that price by us or any insurance company or insurance producer identified on this Website.  To obtain coverage, you must submit an application for insurance; all applications for insurance are subject to the underwriting criteria imposed by each insurance company. 

D.  Limited Advice

Your individual insurance needs are likely unique to you and unlike the needs of others.  Accordingly, nothing on this Website should be deemed specific insurance or professional advice by any Telivy company or employee to you.  If you purchase insurance coverage or any other service pursuant to this Website, you should not rely solely on the information provided by this Website.  Your insurance decision should be based on your review of the policy documentation, the terms, conditions, exclusions, and limitations of the specific products, and any advice obtained by you from other insurance, financial, or legal professionals consulted by you. 

E.  Limitation of Liability

THE FOLLOWING LIMITATIONS OF LIABILITY APPLY ONLY IF AND TO THE EXTENT PERMITTED UNDER THE LAWS OF YOUR STATE:  YOUR USE OF THE INFORMATION PROVIDED ON THIS WEBSITE IS AT YOUR OWN RISK.  NEITHER TELIVY NOR ANY OF ITS AFFILIATES NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, ATTORNEYS, SUCCESSORS AND ASSIGNS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY YOU THAT ARISE OR RESULT FROM (1) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THIS TELIVY WEBSITE, (2) YOUR RELIANCE ON THE INFORMATION CONTAINED IN THIS WEBSITE, OR (3) VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER EQUIPMENT, WHETHER CAUSED, IN WHOLE OR IN PART, BY ACTS OF GOD OR MALICIOUS MISCHIEF BY OTHERS, INCLUDING BUT NOT LIMITED TO UNAUTHORIZED USE OR ACCESS TO THIS WEBSITE.THE AGGREGATE LIABILITY OF TELIVY AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE “TELIVY PARTIES”) IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR YOUR USE OF THIS WEBSITE SHALL NOT EXCEED $100.00 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE TELIVY PARTIES OR ANY OF THEM. 

F.  No Warranties  

THE FOLLOWING DISCLAIMERS OF WARRANTIES APPLY ONLY IF AND TO THE EXTENT PERMITTED UNDER THE LAWS OF YOUR STATE:  YOUR USE OF THIS TELIVY WEBSITE IS ENTIRELY AT YOUR OWN RISK.  TELIVY IS NOT AND WILL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF SUCH USE BY YOU, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OF ANY KIND WHICH IN ANY WAY ARISE FROM THE FUNCTIONALITY OR OPERATION OF THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAY IN OPERATION OR TRANSMISSION), EVEN IF TELIVY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TELIVY PROVIDES THIS WEBSITE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING WARRANTIES OF QUIET ENJOYMENT, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT. 

G.  Errors, Corrections, and Changes

Telivy does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected.  Telivy does not represent or warrant that the information available on or through this Website will be correct, accurate, timely or otherwise reliable.  Each insurance premium quotation or other information concerning available insurance coverages depends on the customer’s individual facts and circumstances.  We may make changes to the features, functionality or content of this Website at any time. We reserve the right in our sole and absolute discretion to edit or delete any documents, information or other content appearing on this Website. 

H.  Indemnification  

You shall defend and indemnify Telivy, each of its affiliates, and any of their respective employees, agents, directors, officers, representatives, shareholders, attorneys, successors and assigns, and hold each of them harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (i) any attempt by you or others at your direction or control to decompile, modify, alter or reverse engineer this Website, (ii) your introduction of or attempt to introduce any virus or other malicious software to this Website, and (iii) any other fraudulent, illegal, malicious or negligent act perpetrated by you or any person at your direction or control.We reserve the right to seek all legal and equitable remedies available to us for violations by you or others under your direction and control of any of the Terms of Service on this Website, including but not limited to our right to block access to our Website by you or any other person.

I.  Links to Third Parties  

Telivy may provide links on this Website to websites maintained by third parties with whom we have contracted to provide services or who have purchased space on this Website for such sites’ individual marketing or advertising purposes (collectively, “Third Party Sites”). Telivy does not operate or control any of the Third Party Sites and is not responsible or liable for any information, content, products, services or other materials on or available from the Third Party Sites.  Telivy provides these links solely as a convenience to you and without warranties or representations of any kind, express or implied.  Telivy does not endorse any Third Party Site nor have we independently (1) confirmed the accuracy or truthfulness of any information, representation or other statement contained on any such Third Party Site, or (2) assessed and confirmed the quality of any products or services offered on any Third Party Site. Accordingly, Telivy is not and will not be responsible for (1) the terms and/or conditions, in whole or in part, of any product or service you obtain using a Third Party Site, (2) the credit-worthiness, business reputation, or background of any Third Party Site, (3) determining whether any product or service you obtain from any Third Party Site is appropriate for your specific needs, or (4) any other legal liability arising out of or resulting from your use of any Third Party Site or any product or service obtained from any such Third Party Site.

J.  Linking to Our Website

You may provide links to our Website provided (a) that you do not remove or obscured, by framing or otherwise, the copyright notice or other notices on this Website, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

K.  Secure Access/Passwords

Certain sections and applications of this Website may require you to establish a separate account or create a password in order to obtain access.  Unauthorized use of these sections and/or functions or any attempt by you to access another user’s account is prohibited and may result in civil and/or criminal liability and prosecution.  Attempts by you to obtain unauthorized access of any restricted area or application on this Website may be monitored and recorded by Telivy and any information obtained by us may be provided by us to state, federal, and/or local law enforcement for prosecution.You are solely responsible for maintaining and safeguarding any password(s) created by you in connection with your use of this Website and/or its various applications.  DO NOT SHARE YOUR PASSWORD(S) WITH ANYONE.  If you suspect someone has obtained unauthorized use of your password or, if previously authorized by you, is now using your password in an unauthorized manner, you should (1) change your password immediately, and (2) contact us at info@Telivy.com.  Telivy will not be held responsible and is not responsible if you share your password with any person or fail to protect and safeguard any password. 

L.  Foreign Language Requirements

If your primary language is not English, laws and regulations in certain states require us and/or the insurance companies who are identified on this Website to make the information contained on this Website or in an insurance company’s policy, application and other documents available to you in your language.  If you require documentation in a language other than English, please contact info@Telivy.com.  However, please be advised that in the event of any conflict or contradiction between the terms of any English-language document and any translated document, the English-language document will control.

M.  Copyright; Our Intellectual Property Rights

Our name and the name of every affiliate appearing on this Website, our “Telivy” logo/brand, all trademarks, and all content and text, including any electronic and/or audio content, contained on this Website constitutes the intellectual property of Telivy.  You may not duplicate or copy this Website, in whole or in part, or distribute, display, re-engineer, create one or more derivative works or otherwise use this Website or any of its content without our prior written consent given in each and every instance. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to this Website are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights.  The copying, redistribution, use and/or publication by you of any such matters or any part of this Website, except as otherwise allowed under this Website, is strictly prohibited.  You do not acquire ownership rights to any article, document, form or other material(s) posted on, under or by or viewed through this Website.  The posting of information or materials on this Website does not constitute a waiver of any right in such information or materials.  Some of the content on this Website may be the copyrighted work of third parties.

N.  Arbitration

Any legal controversy or legal claim arising out of or resulting or relating to this Website and/or your agreement to use this Website (excluding legal action taken by Telivy or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with commercial arbitration rules.  Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees, costs and expenses incurred, and each party shall bear its own attorneys’ fees, costs and expenses.

O.  Miscellaneous

1.  These Terms of Service and the agreement created by your use of this Website shall be treated as though they were executed and performed in San Francisco, California, and shall be governed by and construed and interpreted in accordance with the laws of the State of California (without regard to conflict of laws principles).  Any cause of action by you with respect to this Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

2.  All actions shall be subject to the limitations set forth in these Terms of Service, including but not limited to Paragraphs E, F and N hereof.  

3.  The language in these Terms of Service shall be interpreted as to its fair meaning and not strictly for or against any party.  Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms of Service. The headings used in these Terms of Service are included for convenience only and shall neither affect the construction or interpretation of any provision of these Terms of Service nor affect any of the rights or obligations of the parties. 

4. Should any provision, in whole or in part, of these Terms of Service be  held invalid or unenforceable, that portion shall be construed as possibly consistent with applicable law and the remaining portion(s) shall remain in full force and effect.  

5.  Our failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under these Terms of Service shall survive any termination of Telivy and/or of these Terms of Service.