Terms And Conditions

TABLE OF CONTENTS

5. POLICY

All sales are final and no refund will be issued.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other harmful material, including spam or repetitive content that interferes with the Services.
• Engage in automated data collection such as bots, scrapers, or similar tools.
• Delete copyright or proprietary notices from Content.
• Attempt to impersonate another user or use another user’s credentials.
• Transmit tracking mechanisms such as cookies, spyware, or similar data collection tools.
• Interfere with or disrupt the Services or connected networks.
• Harass, threaten, or intimidate any staff or agents.
• Bypass any access or security restrictions of the Services.
• Copy or adapt the software or code of the Services.
• Reverse engineer or decompile any part of the Services except where legally permitted.
• Use automated systems like spiders, robots, or scrapers without authorization.
• Use buying agents or purchasing agents to make purchases.
• Collect user data (emails, usernames) for spam or unauthorized communication.
• Use the Services for competitive or commercial exploitation without permission.

7. USER GENERATED CONTRIBUTIONS

The Services do not offer users to submit or post content. However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe any third-party rights, including copyright, patent, trademark, trade secret, or moral rights.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize use of your Contributions.
• You have consent from each identifiable individual in your Contributions to use their name or likeness as required.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited advertising, spam, pyramid schemes, chain letters, or mass solicitations.
• Your Contributions are not obscene, offensive, violent, harassing, defamatory, or otherwise objectionable.
• Your Contributions do not ridicule, intimidate, or abuse any person.
• Your Contributions are not used to harass, threaten, or promote violence against any person or group.
• Your Contributions do not violate any applicable laws, rules, or regulations.
• Your Contributions do not violate privacy or publicity rights of any third party.
• Your Contributions do not violate laws protecting minors or include child exploitation material.
• Your Contributions do not include discriminatory or offensive content based on race, origin, gender, sexual orientation, or disability.
• Your Contributions do not violate these Legal Terms or link to violating content.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

8. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data that you provide in accordance with the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations made in your Contributions.

You are solely responsible for your Contributions to the Services and you agree to exonerate us from any and all responsibility and to refrain from taking legal action against us regarding your Contributions.

9. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us.

If you leave the Services and access Third-Party Websites or use Third-Party Content, you do so at your own risk and acknowledge that these Legal Terms no longer govern. You should review the applicable terms and privacy policies of any third-party site or application you use.

Any purchases made through Third-Party Websites are made directly with those third parties. We are not responsible for such transactions, and they are solely between you and the third party.

You agree that we do not endorse products or services offered on Third-Party Websites and you will hold us harmless from any harm, loss, or damage resulting from your use of Third-Party Websites or Third-Party Content.

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

(1) monitor the Services for violations of these Legal Terms;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities;
(3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) remove or disable any files or content that are excessive in size or burdensome to our systems, without notice or liability; and
(5) otherwise manage the Services to protect our rights and property and ensure proper functioning.

11. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: Privacy Policy . .

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised that the Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States and you expressly consent to such transfer and processing.

12. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or no reason, including for breach of any representation, warranty, covenant, applicable law, or regulation contained in these Legal Terms. We may terminate your use or participation in the Services or delete any content or information you have posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if acting on behalf of a third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive remedies.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without notice.

You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain, support, or update the Services.

14. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida, applicable to agreements made and to be performed entirely within the State of Florida, without regard to its conflict of law principles.

15. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration.

You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA Consumer Rules, available at American Arbitration Association (AAA) website .

Arbitration fees and costs shall be governed by the AAA Consumer Rules. The arbitration may be conducted in person, by document submission, by phone, or online. The arbitrator will issue a written decision and must follow applicable law. Except as otherwise required, arbitration will take place in Florida, United States.

Either Party may seek court action to compel arbitration, stay proceedings, or enforce an arbitral award.

If a Dispute proceeds in court instead of arbitration, it shall be brought in the state and federal courts located in Florida, United States. The Parties consent to jurisdiction and waive defenses of lack of personal jurisdiction and forum non conveniens.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply.

Any Dispute must be filed within one (1) year after the cause of action arises. If any part of this provision is found unenforceable, the remainder shall still apply, and the Dispute shall be resolved in court as permitted above.

Restrictions

Any arbitration shall be limited to the individual Dispute between the Parties. To the fullest extent permitted by law:

• No arbitration shall be joined with any other proceeding.
• No Dispute shall be arbitrated on a class-action basis.
• No Dispute may be brought in a representative capacity on behalf of others.

Exceptions to Informal Negotiations and Arbitration

The following Disputes are not subject to informal negotiations or arbitration:

• Disputes involving intellectual property rights enforcement or validity.
• Disputes involving allegations of theft, piracy, privacy violations, or unauthorized use.
• Claims for injunctive relief.

If any exception is found unenforceable, the remainder of this section shall still apply, and the Dispute shall be resolved in a court of competent jurisdiction as described above.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. Disclaimer

The services are provided on an as-is and as-available basis. you agree that your use of the services will be at your sole risk.

to the fullest extent permitted by law, we disclaim all warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

we make no warranties or representations about the accuracy or completeness of the services’ content or any websites or mobile applications linked to the services and assume no liability for:

• errors, mistakes, or inaccuracies of content and materials;
• personal injury or property damage resulting from your access to and use of the services;
• unauthorized access to or use of secure servers and personal or financial information stored therein;
• interruptions or cessation of transmission to or from the services;
• bugs, viruses, or other harmful components transmitted by third parties;
• errors or omissions in content or loss or damage from use of posted content.

we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised by third parties through the services or any linked websites. we are not responsible for transactions between you and third-party providers.

you should use your best judgment and exercise caution when making purchases or using third-party services.

18. Limitations of Liability

in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.

notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to the event giving rise to the claim.

certain state and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of:

• Use of the Services;
• Breach of these Legal Terms;
• Breach of your representations and warranties set forth in these Legal Terms;
• Your violation of the rights of a third party, including intellectual property rights;
• Any harmful act toward another user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services.

You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically (via email or on the Services) satisfy any legal requirement that such communication be in writing.

you agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records initiated or completed via the services. you waive any rights under laws requiring an original signature, non-electronic records, or non-electronic payments.

22. SMS TEXT MESSAGING

Program Description

By opting into any text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Text messages may include account alerts.

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply "STOP" to any message. You may receive a confirmation SMS confirming your opt-out. After this, you will no longer receive SMS messages from us. If you wish to rejoin, you may sign up again through the same process.

Message and Data Rates

Message and data rates may apply to SMS messages sent or received. Rates are determined by your carrier and mobile plan. Carriers are not responsible for delayed or undelivered messages.

Support

If you need assistance regarding SMS communications, reply with "HELP" or contact us via email at statenofault@comcast.net or call 772-283-9920.

For privacy-related questions, please review our Privacy Policy: Privacy Policy .

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law.

We may assign any or all of our rights and obligations at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by events beyond our reasonable control.

If any provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision shall be severed and will not affect the validity of the remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You waive any defenses based on the electronic form of these Legal Terms and lack of physical signatures.

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

State No-Fault Insurance Agency
4340 SE Federal Hwy
Stuart, FL 34997
Phone: 772-283-9920
Email: statenofault@comcast.net

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