LAST CHANGED: Oct 31, 2012
A. TERMS APPLICABLE TO ALL USERS
EJMS may, at any time, for any reason and without notice, make changes to (i) this Web Site, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Web Site. Any modifications will take effect when posted to the Web Site. Therefore, each time you access the Web Site, you need to review the Legal Terms upon which access and use of this Web Site is conditioned. By your continuing use of the Web Site after changes are posted, you will be deemed to have accepted such changes.
This web site (“Web Site”) is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Web Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Web Site. EJMS makes no representation that the information, opinions, advice or other content on the Web Site (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Not all of the products and services described on this Web Site are available in all geographic areas of the United States. You may not be eligible for all of the insurance products and services described in this Web Site. EJMS reserves the right to determine all eligibility for such products and services in its sole discretion.
The Web Site may provide a general description of certain types of insurance products, coverage and services available through EJMS. These descriptions are not a part of an insurance contract or policy and do not amend, revise or alter the terms of any policy issued through or services provided by EJMS.
2. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Web Site for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Web Site, or the design or layout of the Web Site or individual sections of it, in any form or media. The systematic retrieval of data from the Web Site is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Internet privacy statement at Section 4 in these Legal Terms. You agree not to submit or transmit any e-mails or materials through the Web Site that (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. EJMS shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Legal Terms, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Web Site without the prior written consent of EJMS is strictly prohibited.
3. Copyrights and Trademarks; Digital Millennium Copyright Act Take-Down Procedures
The Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other laws. Unless otherwise indicated, the Content, including, but not limited to, graphic images, buttons, layout, trademarks, service marks, logos, text, and other materials contained in this Web Site are the exclusive property of EJMS or its third party licensors; except as otherwise set forth in the following paragraphs of this Section 3. Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Web Site without the prior written permission of EJMS. You may not use a part of this Web Site on any other web site, without EJMS’ prior written consent.
For some of our users who are registered with ejms.com or ejmsinsurance.com, we provide “bulletin board-type” services, where users are able to post messages or other materials that will be accessible only to other registered users of their choice. Because we provide these services, EJMS takes special precautions to respect the intellectual property of others and we ask that our users do the same. If you believe that the Web Site displays copyrighted material that infringes on your legal rights, and you want us to take down or disable the infringing materials, please provide EJMS’ copyright agent with the information listed below, which is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
Our Designated Agent for Notice of claims of copyright infringement on the Web Site is accessible through Email at: firstname.lastname@example.org. The following information must be submitted so that we may properly address any notice of complaint:
- Identification of the copyrighted work claimed to be infringed.
- Identification of the material claimed to be infringing together with “information reasonably sufficient to permit the service provider to locate the material.” Specifically, a complete URL or URLs in the case of multiple works, must be provided.
- Your address, telephone number, and email address.
- A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by “the copyright owner, its agent, or the law.”
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; plus a physical or electronic signature of the complaining party.
- Any notification that fails to comply with the provisions above may not, in our sole discretion, be considered sufficient notice and may not be deemed to confer upon EJMS actual knowledge of facts or circumstances from which infringing material or acts are evident.
Internet Privacy Statement
Our Use of Personal and Non-Personal Information
We collect two kinds of information about our Web Site users: personal and non-personal information. Personal information is information that can identify an individual personally, such as name, address or policy information. We collect personal information only when it is voluntarily offered and solely for purposes that are clearly identified on the Web Site. For example, if you choose to register with www.ejms.com, the information that is collected online is used only to facilitate your requests, process any transactions you might initiate, or update your account information.
Non-personal information is collected to track the total number of guests visiting ejms.com and to guide our efforts to improve the Web Site. To achieve these improvements, the Web Site , like many web sites, use “cookies” (a small text file placed on the user’s hard drive) to facilitate site navigation, maintain quality of online service, provide additional security, and allow the customization of your access to the Web Site. Cookies themselves do not enable us to access any personal information about our users; however, they do allow us to analyze use of the Web Site. The “cookies” automatically collect information about your computer hardware and software, which can include browser type, access times and Internet Protocol (IP) address. The Web Site does not use “cookies” to collect information for distribution to third parties for any purpose, nor does it use “cookies” to secure information from other web sites you may visit.
We may personalize your user experience by using information about your interests to recommend other services or sites that might be of interest to you; we may also monitor user traffic patterns and site usage to help provide enhancements to its services; we may use the information it collects to notify you about new services or special offers. Further, by providing information or materials to this Web Site, you grant to EJMS an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request, except as may otherwise be restricted by these Legal Terms. Without limiting the generality of the previous sentence, we reserve the right, in connection with (i) a request or investigation by any governmental body or governmental agency, or (ii) our effrts to investigate, prevent or take other action regarding illegal activities, suspected fraud, potential threats to public safety, material violations of these Legal Terms, and pursuant to law, to reveal any information collected through this Web Site regarding users of our services.
You may not link to this Web Site without EJMS’ written permission. If you are interested in linking to this Web Site, please contact email@example.com.
6. No Warranties
THE WEB SITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH EJMS EXPRESSLY DISCLAIMS. EJMS DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND EJMS WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEB SITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEB SITE. EJMS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEB SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY EJMS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
7. Governing Law, Location and Miscellaneous
These Legal Terms shall be governed in all respects by the laws of the State of California USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Legal Terms, the Legal Terms will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
The Web Site is operated by EJMS Services LLC (identified below in Section 8), from its offices in Los Gatos, California USA.
8. The subsidiaries of EJMS Services, LLC
EJMS does business in its own name and no other entity. Its operating territory include the States of AZ, CA, CO, GA, HI, IA, ID, IL, MA, ME, MI, MN, MS, NC, NV, NY, OH, OR, TX, and WY.
EJMS may terminate the right of any user to access the Web Site at any time, with or without cause, in EJMS’ absolute discretion and without notice. Any statement in the Legal Terms or elsewhere on the Web Site of specific grounds for termination of a user’s right to access the Web Site shall in no manner limit EJMS’ absolute right to terminate any user’s access to the Web Site.
10. Separate Agreements
You may have other agreements with EJMS. Those agreements are separate and in addition to these Legal Terms. These Legal Terms do not modify, revise or amend the terms of any other agreements you may have with EJMS.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
11. U.S. Resident
You represent that you are a United States resident.
12. No Professional Advice
The information available on the Web Site is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. It is not offered as legal, accounting or other professional advice. This Web Site is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEB SITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
13. Registration and Security
You are responsible for maintaining the confidentiality of your user name and password. You may not share your password with or transfer your password to any third party. You are responsible for all uses of your user name and password, and any and all related charges, whether or not authorized by you. You agree to immediately notify EJMS of any unauthorized use of your password or user name or any other breach of security. Until EJMS is properly notified of a breach of security by either e-mail notice at firstname.lastname@example.org, you will remain responsible for any unauthorized use of the Web Site occurring under your user name and password. You will not violate, or assist in violating, the security of the Web Site, whether intentionally, negligently or otherwise. You will not attempt to utilize another user’s account, user name, password, or persona without authorization from that user.
For purposes of identification, billing and marketing, you agree to provide EJMS with accurate, complete, and updated information required by registration to our service (“Registration Data”), including your legal name, address, telephone number(s), e-mail and, where required, applicable payment data (e.g., credit card number and expiration date). EJMS reserves the right to verify the accuracy of all Registration Data. You agree to promptly notify us of any change in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Web Site.
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any EJMS confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Legal Terms or this Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. 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 held in Los Gatos, California USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
15. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. EJMS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF EJMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZD ACT.