Friday, November 21, 2008
 
     

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Terms & Conditions

This PROGRAMBUSINESS.COM Website Agreement (the "Agreement") is between you and Programbusiness.com, Inc. (the "Company"). Use of the PROGRAMBUSINESS.COM Website (the “Website") signifies your agreement to the terms and conditions of use, your agreement to the Privacy Policy and that you are of the age of majority in your jurisdiction. We may change the terms and conditions (the “Terms and Conditions”) of this Agreement from time to time, and at any time without notice to you, by posting such changes on the Website. By using the Website following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

A. The Company provides a portal at which you, as a consumer, can apply to receive insurance or quotations from a network of insurance agents, brokers, discount program representatives and other service providers. The Company does not issue insurance contracts or bind coverage. The Company does not endorse or recommend any companies or insurance policies, nor does it provide insurance, tax or financial advice. The Company does not guarantee that any of the insurance agents, brokers or companies to whom your application is forwarded will contact you or agree to provide you coverage. The Company is not responsible in any way for the conduct of the insurance agents, brokers, discount program representatives and companies that are matched with your online application. If you would like personal advice or specific policy recommendations, you should consult with an insurance agent, broker, or other qualified professional. Insurance is underwritten by member companies of different insurance carriers, and is subject to underwriting review and approval. The description herein is a summary only. It does not include all terms, conditions and exclusions of the policies described. Please refer to the actual policies of each company for complete details of coverage and exclusions. Coverage may not be available in all states. Non-insurance products may be provided through vendors and or independent third parties resources in this site.

B. You represent, warrant and covenant that: you shall not upload, post or transmit to, or distribute, or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, or defamatory (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain advertising of any kind (i.e. Spam), or (vii) constitute or contain false or misleading indications of origin or statements of fact. You represent and warrant to defend, indemnify, and hold the Company, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your misuse of the Website and its contents, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or these Terms and Conditions.

C. No alterations may be made to proposals and all laws and regulations of your state's Department of Insurance shall apply to all transactions resulting from your use of this Web site and to any Storefronts participating in the proposal and quoting process.

D. From time to time, the Company and/or Website advertisers will contact you by telephone and forward information on programs and coverage via e-mail newsletter. Your agreement indicates your request to receive such information by the above methods.

E. The Company owns, solely and exclusively, all rights, title and interest in and to the Website, all the content, code, data and materials contained therein, the look and feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website, including, but not limited to, all intellectual property and proprietary rights therein. Any commercial use or exploitation of the Website is strictly prohibited. Reproduction, duplication, distribution, or exploitation of any content, code, data or materials on the Website is prohibited. Linking of this Website's pages or software in any way for the purpose of program creation or sales and marketing is prohibited without the written approval of the Company. The systems, information, rating structure and underwriting format shall not be duplicated in any way. You agree that this program, also known as a search engine, portal, web site or facilitation site, is the sole exclusive property of the Company.

F. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Website are only for your personal, non-commercial use. All materials contained on the Website are protected by copyright, and are owned or controlled by the Company or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Company or the copyright holder identified in the individual content's copyright notice.

G. If you believe that specific content on the Website infringes upon your copyrighted materials, please provide the Company with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the allegedly infringing material is located on the Website, including the URL’s of the particular web pages; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the use on the Website is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Company’s Designated Agent for copyright claims can be contacted as follows:

Copyright Claims
Programbusiness.com, Inc.
23172 Plaza Pointe Drive Suite #205
Laguna Hills, CA 92653

H. The Website contains links and pointers to other related World Wide Web Internet sites, applications, resources, and sponsors of the Website. Links to and from Website to other third party sites, maintained by third parties, contain information created, published, maintained or otherwise provided by entities, businesses or organizations independent of the Company. The Company does not endorse approve, certify or control these external applications and Internet addresses. The Company does not guarantee the accuracy, completeness, efficiency, timeliness or correct sequencing of information located at such addresses. Reference to any specific product, process, or service does not constitute or imply endorsement, recommendation or favoring by the Company. If you decide to access any of the third-party sites linked to the Website and/or engage the services of any third party listed on the Website, you do so entirely at your own risk.

I. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company is not responsible for any incorrect or inaccurate content posted on the website or in connection with any benefit, product or service offered on the website, whether caused by users of the website, the Company, or its members, vendors, carriers, brokers, or affiliates, or by any of the equipment or programming associated with or utilized in the website. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. The Company does not and cannot review all materials posted to the Website by users, and the Company is not responsible for any such materials posted by users. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that, in the Company's sole discretion, are objectionable or in violation of this Agreement.

J. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

K. YOU MAINTAIN SOLE RESPONSIBILITY FOR YOUR INTERACTIONS WITH THE COMPANY MEMBERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT IN ANY WAY SCREEN ITS MEMBERS OR VERIFY ANY STATEMENTS MADE BY ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE CONDUCT OF MEMBERS. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE.

L. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement will be an appropriate state or federal court located in the State of California, County of Orange. You agree that: (I) the Website is solely based in California; and (II) the Website is a passive website that does not give rise to personal jurisdiction over the company, either specific or general, in jurisdictions other than California. Alternatively, upon request of either party, any dispute will be referred to J.A.M.S. in Orange County, California.

M. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by the Company on the Website or provided to you, constitute the entire agreement between you and the Company concerning the Website. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

N. If you need to update or change registration information, you may do so by logging on to the Website and selecting Setup to add or update information. To update an organization’s data, please log on to the Website and select Organization Set up. To update billing information, please e-mail customerservice@programbusiness.com or call 1.800.736.9741. To discontinue service, please call 1.800.736.9741. Please allow 15 days for your correction or update request to be processed.

O. The Website contains security measures to help protect against the loss, misuse, and alteration of information you provide and contents under our control. When accessing the Website using Netscape Navigator, or Microsoft Internet Explorer versions 5.5 or higher, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption to help ensure that information and contents are safe, secure, and available only to you. The Company also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Website in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, the Company provides unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information and contents.

P. Questions regarding these Terms & Conditions, and policies or the practices of this Website should be directed to Security Administrator by e-mailing such questions to the Company at customerservice@programbusiness.com or by mail at 23172 Plaza Pointe Drive Suite #205, Laguna Hills, California, 92653. The Company can also be reached by calling 1.800.736.9741.

PRIVACY POLICY

Programbusiness.com, Inc. (the "Company") is committed to protecting the privacy of our customers’ personal information. This statement applies with respect to the information that the Company collects the Website, located at PROGRAMBUSINESS.COM ("Website"). Amendments to this statement will be posted at this URL and will be effective when posted. Your continued use of this site following the posting of any amendment, modification or change shall constitute your acceptance thereof.

Information Collected
The Company collects non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address, computer settings or most-recently visited URL. The Company does not collect any personally identifiable information about you unless you voluntarily submit such information to the Company, by, for example, filling out a survey or registration form. The types of information that may be requested include your name, address, e-mail address, and telephone number.

Use of Information
In general, the Company will only use the information you provide to the Company for the purpose for which such information was provided. The Company may also use this information to deliver to you information about our company and promotional material from some of our partners, or to conduct trend analysis, pattern detection, and site administration. Your information may also be used to contact you when necessary and may be shared with other companies that may want to contact you with offers consistent with your stated preferences. Users may opt-out of receiving future mailings from the Company and other entities by following the instructions set forth in the opt-out section below.

Non-personal demographic and profile data is used to tailor your experience at our site, showing you content the Company thinks you might be interested in. This information may also be shared with advertisers on an aggregate non-personal basis.

Use of IP Addresses
The Company may use your IP Address to help diagnose problems with our server, and to administer our Website.

Use of Cookies
When you view our Website, the Company might store some information on your computer. This information will be in the form of a "cookie" or similar file. Cookies are small pieces of information stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a Website as easily as possible. The Company may use cookies to deliver content specific to your interests and to prevent you from reentering all your registration data at each connection.

Security
Our site has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as "perfect security" on the Internet, the Company will take all reasonable steps to insure the safety of your personal information.

Other Websites; Links
Our Website may contain links to other websites. The Company is not responsible for the privacy practices or the content of such websites.

Choice; Opt Out
You may opt-out of receiving communications from our partners, and from the Company, by sending an e-mail to customerservice@nationalmarketing.com.

California Privacy Rights
Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask the Company for a notice describing what categories of personal customer information the Company shares with third parties or corporate affiliates for those third parties' or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

California Privacy Rights Notice
Security Administrator
Programbusiness.com, Inc.
23172 Plaza Pointe Drive Suite #205
Laguna Hills, CA 92653

*Please allow 30 days for a response.


What We Do

Programbusiness.com is your own unique web platform designed to connect ALL levels of the Property/Casualty insurance supply chain. In a nutshell, pb.com is the insurance industry at your finger tips.

The number of insurance professionals using the services of pb.com is presently more than 40,000 and growing everyday! ...[more]