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Terms of Use

By using the https://roundstoneinsurance.com/excelsior. website (“Site”), you agree to follow and be bound by these terms of use (“Terms of Use”), and the Privacy Policy, which are hereby incorporated into these Terms of Use. In these Terms of Use, the words “you” and “your” refer to each Site visitor or user, “we”, “us” and “our” refer to https://roundstoneinsurance.com/excelsior and Roundstone Management, Ltd. (“Roundstone”) and “Services” refers to all services, content, and functionality provided by us.you undertake through our Site.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 13 YEARS OF AGE, RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS.

We are not a law firm nor do we provide any legal advice. This Site is not intended to create any attorney-client relationship, and your use of the Site does not and will not create an attorney-client relationship between you and us. You, yourself, are and will be representing yourself in any legal matter you undertake through our Site.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Roundstone regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Changes to the Terms of Use

We may revise these Terms of Use at any time without notice to you in our sole discretion. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information.

When you use or access certain portions of the Site, you may be asked to provide complete and accurate information as requested on a registration form. You may also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify https://roundstoneinsurance.com/excelsior immediately of any unauthorized use of your account, user name or password. We shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by https://roundstoneinsurance.com/excelsior, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

You grant us a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate https://roundstoneinsurance.com/excelsior’s rights at any time by removing your personal information from the applicable service.

Ownership

This Site and its entire contents, features and functionality (including, but not limited to all information, text, displays, images, videos, audio and the design, selection, copyrights, trademarks, trade dress, and arrangement thereof (“Materials”)) are owned and operated by Roundstone. Except as may be expressly stated on the Site or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Roundstone’s or https://roundstoneinsurance.com/excelsior’s intellectual property rights, whether by estoppel, implication or otherwise. We do not sell, license, lease or otherwise provide any of the Materials. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. Any rights not expressly granted herein are reserved by us.

You must not:

(1) Modify copies of any materials from this Site.

(2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

(3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You may not use our name, logo, or any related names, logos, product or service names, designs, and slogans without the prior written permission of us. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Rights and Responsibilities

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers.

When accessing or using https://roundstoneinsurance.com/excelsior, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit.

No Warranty

THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Limitation of Liability.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AFFILIATES OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, INDEMNIFICATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT,  OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF US YOU IS $10,000 USD OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.

Indemnification

You agree to defend, indemnify, and hold harmless Roundstone, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Unsolicited Submissions

Except as may be required in connection with your use of https://roundstoneinsurance.com/excelsior, we do not want you to submit confidential or proprietary information to us through the Site. All comments, feedback, information or material submitted to https://roundstoneinsurance.com/excelsior through or in association with this Site shall be considered non-confidential. By providing such submissions to https://roundstoneinsurance.com/excelsior you hereby grant https://roundstoneinsurance.com/excelsior a license to use, reprint, distribute, modify and create derivative works which will be owned by Roundstone. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

Compliance with Export Restrictions

You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use, Privacy Policy, or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

Geographic Restrictions

The owner of the Website is based in the state of Ohio in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Acknowledgement.

BY USING https://roundstoneinsurance.com/excelsior YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.