1. Your Use of the SLA Web Site Constitutes Acceptance
This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent or partner of each organization you represent in connection with any use of the SLA Web Site) and the SLA. By using the SLA Website, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the SLA Web Site.
Where you use the SLA Web Site in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent or partner of such organization which you represent, and references in this Agreement to "you" shall mean both you as the individual user of the SLA Web Site and you in your capacity as a representative of your organization.
Notwithstanding the forgoing, any signed agreement between you and the SLA, will supersede any conflicting term in this Agreement.
2. Description of Services
The SLA Web Site provides you with a variety of resources, including information about the SLA and its mission, reports and other documents related to the SLA, its organization and activities, information about contacting the SLA, video of SLA presentations and events, presentation materials, links to the Utah Department of Insurance and other surplus line resources, as well as other materials and information related to the SLA and surplus lines (collectively, the "Services"). The Services, including any updates, enhancements, new features are provided subject to the terms of this Agreement.
3. Privacy and Protection of Personal Information
The SLA does not use the SLA Web Site to collect personal information and no personal information is available on the SLA Web Site.
The SLA may record certain information about your visit, such as the name of the Internet service provider and the Internet Protocol ("IP") address through which you access the Internet, the date and time your access the SLA Web Site, the uniform resource locator ("URLs") of the web sites and pages you visit (before, during and after your visit to the SLA Web Site), information about the computer hardware and software you use and other information that may be available. Also, the SLA may place "cookies" on your computer to recognize you on return visits to enable the SLA to enhance your browsing experience, as well as to collect additional information about you. You may adjust your browser settings or use other means to prevent cookies from being placed on your computer, but doing so may result in reduced functionality and a less personalized browsing experience. This information is used by the SLA for several purposes: to monitor use of the SLA Web Site, to improve services offered on the SLA Web Site; to diagnose problems with our server; to solve technical problems; and to collect information about attempts of unauthorized access; and to administer the SLA Web Site.
4. Intellectual Property
All of the Content, including, without limitation, all text, graphics, video and sounds on the SLA Web Site, and all computer code associated therewith, are the valuable proprietary property of the SLA, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that the SLA has expended substantial time and effort to create the SLA Web Site, and the Content and Services provided therewith, and that the SLA either exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material.
If you wish to make any complaint regarding any Content then please contact us at:
Surplus Line Association of Utah
6711 South 1300 East
Salt Lake, Utah 84121
5. Links to Third Party Sites
For your convenience, the SLA Web Site links to other sites. The SLA is not responsible for the privacy practices or the content of such other web sites, nor do we provide personal data to such sites or the owners or administrators of such sites. These linked external or third party web sites are not controlled by the SLA and, therefore, are not subject to this Privacy Statement. You should consult the privacy statements or policies posted on third party sites to determine how your personal information, if provided by you, may be utilized by the proprietors of those third party sites. The SLA disclaims any and all responsibility and/or liability for the collection and/or transfer of information collected by such other third party web sites.
6. NO WARRANTIES
THE SLA PROVIDES THE SLA WEB SITE AND ALL CONTENT AND SERVICES RELATED THERETO STRICTLY ON AN "AS-IS" BASIS. SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW, NEITHER THE SLA WEB SITE, NOR ANY CONTENT OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SLA WEBSITE ARE SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. THE SLA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE SLA WEB SITE OR ITS CONTENTS. IN ADDITION, THE SLA DOES NOT GUARANTEE THAT THE SLA WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.
7. NO LIABILITY FOR DAMAGES
EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE SLA, OR ANY OF ITS MEMBERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, THE SLA WEB SITE OR ANY CONTENT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF THE SLA, OR ITS AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.
8. Reservation of Rights
The SLA reserves the right in its sole and absolute discretion (without penalty or liability of any kind) to: (a) suspend or terminate the access to or use of all or any part of the SLA Web Site at any time; (b) alter or vary the format and contents of the SLA Web Site at any time; or (c) block access to and/or suspend operation of all or part of the SLA Web Site, temporarily or permanently, at any time.
The SLA provides the SLA Web Site, Content and Services solely as an accommodation to you, and the SLA will not accept any risks arising from your use thereof. As such, you will indemnify, defend and hold harmless the SLA, and their respective members, employees and agents, from and against any and all claims that arise from or relate to: (a) your use of the SLA Web Site, Content or Service; or (b) your breach of any provision of this Agreement.
This Agreement will be governed by the laws of the State of Utah, without regard to its rules of conflict of laws. The state and federal courts located in Salt Lake County, Utah, will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, or the SLA Web Site. Each party hereby consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non convenience with respect to such courts. Notwithstanding the foregoing, either party may seek appropriate injunctive relief from any court having jurisdiction.
Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party.
The SLA will not be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
E. Complete Understanding
This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.
11. Contacting the SLA Web Site
If you have any questions about this Agreement, or your dealings with the SLA Web Site, you are invited to contact:
Surplus Line Association of Utah
6711 South 1300 East
Salt Lake, Utah 84121