|Conditions of use PLEASE READ THESE Terms AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. By using this website or any service on this website, you acknowledge your assent to the Terms without limitation or qualification. These Terms may be revised at any time by updating this posting. Accordingly, please continue to review the Terms whenever accessing or using this website or any service available on this website. Your use of this website or any service on this website, after the posting of revisions, will constitute your acceptance of the Terms, as modified. If, at any time, you do not wish to accept the Terms, you may not use the website. Any Terms or conditions proposed by you that are in addition to or which conflict with the Terms are expressly rejected by Roach, Howard, Smith & Barton, Inc. (“RHS&B”) and shall be of no force or effect.
User Assent to Terms and Conditions of Service
You represent that you have read and agree to be bound by the Terms for www.rhsb.com. You further agree: (i) to comply with applicable U.S. federal, state, local, and foreign laws and regulations regarding the transmission of any data obtained from the Service (as hereinafter defined) in accordance with the Terms; (ii) not to use the Service for illegal purposes; and (iii) not to interfere or disrupt networks connected to the Service.
The content provided through the Service is based upon information which RHS&B believes to be reliable and is not intended to be complete descriptions of all Terms, exclusions and conditions applicable to the products and services, but is provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement. In addition, such content is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such. A product or service shown through the Service may not necessarily be suitable for you. Users and insureds should consult their insurance advisors with respect to individual coverage issues.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE “ITEMS”) ARE PROVIDED “AS IS” AND THAT RHS&B MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. RHS&B DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. RHS&B DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE WEBSITE IN Terms OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. RHS&B DOES NOT WARRANT THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS COMPATIBLE WITH YOUR EQUIPMENT OR IS FREE OF ERRORS OR VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. YOU AGREE THAT RHS&B, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF RHS&B, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE; OR (II) ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SERVICE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SERVICE ON SUCH EQUIPMENT. YOU (AND NOT RHS&B) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE IS NOT MAINTAINED OR CONTROLLED BY RHS&B. RHS&B IS THEREFORE NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEB SITES, SERVICES OR GOODS THAT MAY BE LINKED TO, OR ADVERTISED ON, THE SERVICE. RHS&B DOES NOT: (A) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE SERVICE; (B) GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR ADEQUACY OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE; OR (C) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE. RHS&B IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU UNDERSTAND THAT RHS&B AND/OR THIRD-PARTY CONTRIBUTORS TO THE SERVICE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE Terms.
Limitation of liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RHS&B, ITS SUPPLIERS OR ITS THIRD-PARTY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF RHS&B HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE Terms, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, UNAUTHORIZED ACCESS, OR ANY FORCE MAJEURE. RHS&B CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. (Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.)
IN NO EVENT SHALL RHS&B’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. RHS&B ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE.
By providing material on the Service, RHS&B does not in any way promise that the materials will remain available to you or that you will qualify for the products we offer. RHS&B is entitled to terminate all or part of any of its Services at any time, without notice to you.
When you select a password and sign-up in order to access RHS&B’s online policyholder services, if available, you agree to the following conditions:
- RHS&B is authorized to act on instructions received under your password without any requirement to question those instructions;
- RHS&B is not liable for any unauthorized access to your personal information that is not directly due to the negligence of RHS&B;
- Your password contains sensitive information and you will keep it confidential and secret;
- You will notify RHS&B immediately if you believe anyone else has learned your password or if you believe an unauthorized access to RHS&B or your personal information has occurred or may occur;
- RHS&B may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
The website, including but not limited to text, content, photographs, video, audio, graphics and all present and future copyright, trademarks, and other intellectual property rights relating to the website (the “Service”) is vested in RHS&B and/or its licensors and is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Service are owned by RHS&B or third parties who have authorized their use. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Service. You agree to notify RHS&B in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party.
Restrictions on Use
You may not use the Service for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Service solely for your personal use and benefit or that of your organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of RHS&B. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by RHS&B and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of RHS&B and such others. You agree to protect the proprietary rights of RHS&B and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by RHS&B or its suppliers of content, equipment or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify RHS&B in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE PRINT COPIES FOR USE BY YOU AND/OR WITHIN YOUR ORGANIZATION, PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT RHS&B’S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE’S CONTENT WOULD BE A VIOLATION OF RHS&B’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF RHS&B. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF RHS&B’S NAMES OR MARKS IN ANY MANNER THAT CREATES THE IMPRESSION SUCH NAMES OR MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR IMPLY ANY ENDORSEMENT BY RHS&B, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES OR MARKS. YOU WILL NOT USE THE SERVICE, THE INFORMATION CONTAINED THEREIN OR ANY OF RHS&B’S NAMES OR MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL AND WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
You acquire no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the Terms.
Linking and Framing
RHS&B prohibits caching this website, unauthorized hypertext links to this website, and the framing of any materials available through this website. RHS&B reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to this website. Other internet sites which are linked to this website have their own terms and conditions of use and privacy policies. Access to any other Internet sites linked to this website is at your own risk and RHS&B expressly disclaims any and all liability related to such websites.
Linking – Additional Terms
By linking to this website, you represent that you have read and agree to be bound by the Terms. Upon linking to this website pursuant to the Terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use the RHS&B name solely for providing an underlined, textual link from your website to www.rhsb.com and for no other use. You may include a link(s) on your Web site only to the www.rhsb.com home page, currently located at http://www.rhsb.com/ (“Home Page”) provided that you first send to RHS&B via e-mail to firstname.lastname@example.org (a) your name or the name of the technical contact responsible for the link(s); (b) the name of your company; (c) the email address and telephone number for you or the technical contact responsible for the link(s); and (d) the Web site address(es) where the link(s) to the Home Page will appear. Without specific, written consent by RHS&B, you may not link to an internal or subsidiary page of this website that is located one or several levels down from the Home Page (“deep link”), or bring up or present content of this website within another Web site (“frame”).
Ownership of information
Any information, other than personal data or information, you transmit to RHS&B via the Service, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of RHS&B. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. RHS&B is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to RHS&B via the Service or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
In the UK, RHS&B will treat any personal information received about you with the utmost respect and in accordance with data protection legislation, including the Data Protection Act 1998 as amended from time to time. Under the Data Protection Act 1998, you are entitled to a copy of your personal data held by us upon written request (contact details below) and payment of a fee. If the details are incorrect then you can ask us to amend them. You may also remove your personal information from our database, so as not to receive further communications, by emailing or writing to email@example.com.
All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service shall, as between you and RHS&B, at all times be and remain the sole and exclusive property of RHS&B. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to RHS&B.
Unless otherwise expressly set forth herein, RHS&B makes no representation that the Service or any materials that form a part thereof are appropriate or available for use in any location. Those who choose to access the Service or any part thereof do so on their own initiative and are responsible for compliance with local laws.
Except as expressly set forth herein, the information contained through the Service is not an offer to sell or a solicitation to buy any security, insurance product or other product or service by RHS&B. No security, insurance product or other product or service is offered or will be sold by RHS&B or, if sold by RHS&B, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
You acknowledge that any software which may be available or provided to you through the Service may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. RHS&B does not authorize the downloading or exportation of any software or technical data from the Service to any jurisdiction prohibited by such export controls laws and regulations.
If you access or use any information on the Service and by doing so, you break any law, RHS&B will not be responsible.
Cookies are used on the Service for the purpose of compiling web statistics. They are not used to gather personal information about website users. Any information stored in the cookie is solely for server administration purpose.
Cookies are programs which track the movements of individual visitors to the website and gather information. The web browser stores this information on disk in the form of a small data file. You may refuse the cookie, if you wish. To do so, you will need to adjust your browser settings.
Representations and Warranties
You represent, warrant and covenant that you: (i) have the power and authority to enter into this agreement; (ii) are at least eighteen (18) years old; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Service only as set forth in these Terms.
Before purchasing a product or service, you confirm that
All answers given in your application and otherwise are true and correct, you have read and understood the relevant and current policy (or product) terms, conditions and limitations (and similar provisions) (which may change from time to time) and are satisfied the product or service purchased meets your needs.
The information and statements you give, together with the policy (or product) terms, conditions and limitations (and similar provisions), form the basis of the contract. If you do not provide true, correct and full information, you may invalidate your product or service purchased. All statements made by you or information you provide prior to purchase are your responsibility. RHS&B is not bound to offer you insurance or any other product or service.
You agree, at your own expense, to indemnify, defend and hold harmless RHS&B and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) a violation of the Terms by you or anyone using your computer; (iii) a claim that any use of the Service by you or someone using your computer infringes any copyright, trademark, or other intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer; or (v) any misrepresentation or breach of representation, warranty or covenant made by you contained herein. You agree to pay any and all costs, damages and expenses (including reasonable attorneys’ fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.
Either you or RHS&B may terminate this agreement with or without cause at any time and effective immediately. You may terminate by discontinuing use of the Service and destroying all materials obtained from the Service. This agreement will terminate immediately without notice from RHS&B if RHS&B determines, in its sole discretion that you have failed to comply with any provision of these Terms. Upon termination by you or upon notice of termination by RHS&B, you must promptly destroy all materials obtained from the Service and any copies thereof.
These Terms shall be governed and construed in accordance with the laws of the United States of America and the State of Texas, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Dallas County with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the Terms shall remain in full force and effect.
Access outside the United States
If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. RHS&B does not provide insurance brokerage, third party administrator, or other services to governments, governmental agencies, other groups, individuals, or any of their agents which are subject to U.S. trade sanctions, including, without limitation, to the following Embargoed Persons: (i) governments, government agencies, businesses organized in, and nationals or residents of any embargoed governments or regimes or (ii) to anyone on the U.S. Treasury Department’s Office of Foreign Asset Control’s lists of Specially Designated Nationals, Specially Designated Global Terrorists, and Foreign Terrorist Organizations. By using the Service, you represent and warrant that you are not an Embargoed Person and are not controlled by or acting as an agent of any such an Embargoed Person.
Changes to the Service
You acknowledge that RHS&B has the right to change the content or technical specifications of any aspect of the Service, and may terminate or suspend the operation of the Service or any part thereof, for any reason, at any time at RHS&B’s sole discretion, without notice or liability. You further accept that such changes may result in your being unable to access the Service.
Official Correspondence must be sent via postal mail to:
Roach Howard Smith & Barton, Inc.
8750 No. Central Expressway, Suite 500
Dallas, Texas 75231
Attn.: John Losurdo
© 2009 Roach, Howard, Smith & Barton, Inc. All Rights Reserved