1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE.
Comprehensive Mobile Insurance Company, Inc., maintains this cmicpay as a service to its customers. By using the Site or any current or future service(s) provided to you by the Comprehensive Mobile Insurance Company, Inc. (collectively the “Services”) in accordance with an applicable service agreement (“Service Agreement(s)”), you are agreeing to comply with and be bound by the terms and conditions of these Terms of Use and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Site (collectively, the “Terms”). The Terms govern your access to and use of the Site, the Services and any information, products, software, and/or features made available to you. If you are using the Site or Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf. In the case of any violation of the Terms, Comprehensive Mobile Insurance Company, Inc., Inc. reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to the Site and use of the Services, both now and in the future. ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, THE SERVICES OR SUCH OTHER ACTION PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPREHENSIVE MOBILE INSURANCE COMPANY, INC. SERVICE AGREEMENT.
2. INTERNET ABUSE.
You are prohibited from engaging in any form of Internet abuse, including but not limited to: (a) distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as “junk mail” or “spam”), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet; (b) posting a single article or substantially similar articles to an excessive number of news groups or mailing lists; (c) repeated or deliberate posting of articles that are off-topic according to the charter of the news group or mail list where such articles are posted; (d) posting commercial advertising in a conference or news group, unless it is specifically permitted to be posted within that group; or (e) violating the CAN-SPAM Act.
3. ENFORCEMENT.
Comprehensive Mobile Insurance Company, Inc. reserves the right and has absolute discretion to enforce the Terms. Comprehensive Mobile Insurance Company, Inc. may, in its sole discretion, immediately terminate or suspend: (i) the Services; (ii) a Service Agreement; and/or (iii) access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, Comprehensive Mobile Insurance Company, Inc. also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Comprehensive Mobile Insurance Company, Inc. also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
4. MODIFICATIONS TO THE SITE.
Comprehensive Mobile Insurance Company, Inc. reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Site and/or Services; and (b) notify Comprehensive Mobile Insurance Company, Inc. of termination.
5. INTELLECTUAL PROPERTY RIGHTS.
The Site is proprietary to Comprehensive Mobile Insurance Company, Inc.. All the text, images, marks, logos and other content of the Site (“Site Content”) is proprietary to Comprehensive Mobile Insurance Company, Inc. or to third parties from whom Comprehensive Mobile Insurance Company, Inc. has obtained permission. Comprehensive Mobile Insurance Company, Inc. authorizes you to view, download, and print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Comprehensive Mobile Insurance Company, Inc.. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Comprehensive Mobile Insurance Company, Inc. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
6. DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, COMPREHENSIVE MOBILE INSURANCE COMPANY, INC. SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE SITE OR SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THIS SITE. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT COMPREHENSIVE MOBILE INSURANCE COMPANY, INC. DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE.
7. LIMITATION OF LIABILITY.
cmicpay.com EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, MERCHANT INTERFACES, WEBSITES, FACILITIES, OR YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND COMPREHENSIVE MOBILE INSURANCE COMPANY, INC., INC.REASONABLE CONTROL.YOU EXPRESSLY AGREE THAT cmicpay.com SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE DATA FROM THE SITE.
8. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
9. SERVICES OFFERED BY COMPREHENSIVE MOBILE INSURANCE COMPANY, INC.
When you enroll to obtain a Service from the Comprehensive Mobile Insurance Company, Inc., you accept the specific terms and conditions applicable to that Service in accordance with the applicable Service Agreement. Except as provided in the Service Agreement, Comprehensive Mobile Insurance Company, Inc. does not warrant that any service description or content contained in this Site is accurate, current, reliable, complete, or error-free.
10. TERMINATION & EFFECT.
Comprehensive Mobile Insurance Company, Inc. may terminate access to the Site, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Comprehensive Mobile Insurance Company, Inc. shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Site; and (b) notify Comprehensive Mobile Insurance Company, Inc. of termination. Upon termination of access to the Site, your right to use the Site shall immediately cease.
11. PRIVACY POLICY.
Information collected by the Site will be treated in accordance with Comprehensive Mobile Insurance Company, Inc. Privacy Policy.
12. GOVERNING LAW & JURISDICTION.
The Site is accessible in all fifty states, and each of these places has laws that may differ from those of California and from each other. As you and Comprehensive Mobile Insurance Company, Inc. both benefit from establishing a predictable legal environment in which to publish, access and use the Site, by publishing, accessing, and/or using this Site, you and Comprehensive Mobile Insurance Company, Inc. agree that all matters arising from or relating to the use and operation of this Site will be governed by the laws of the State of California, without regard to its conflicts of laws principles. You agree that all claims it may have arising from or relating to the operation or use of this Site will be heard and resolved in the courts of Santa Clara, CA. You consent to the personal jurisdiction of such courts over it, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.
13. TRADEMARKS.
The Comprehensive Mobile Insurance Company, Inc., logo’s, are registered trademarks of the Comprehensive Mobile Insurance Company, Inc., and cmicpay.com are trademarks of the cmicpay.com. All other Comprehensive Mobile Insurance Company, Inc. and product names referenced herein are the trademarks or registered trademarks of their respective holders. This list may be modified from time-to-time in the Comprehensive Mobile Insurance Company, Inc.’s discretion. You shall not register or attempt to register any of the Comprehensive Mobile Insurance Company, Inc.’s marks or trademarks that would reasonably be deemed to be confusingly similar to any of the Comprehensive Mobile Insurance Company, Inc.’s marks or trademarks. You shall comply with all standards with respect to the Comprehensive Mobile Insurance Company, Inc.’s marks and all uses of the marks shall be consistent with Comprehensive Mobile Insurance Company, Inc. standards.
14. GENERAL.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Comprehensive Mobile Insurance Company, Inc.’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Terms and the applicable Service Agreement, the latter shall govern.