Terms and Conditions of Use
Last Changed 04/28/2003
A. TERMS APPLICABLE TO
ALL USERS
1. Introduction
YOUR USE OF THIS WEB SITE IS
EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
- For users who are not registered with this Web
Site, your use of the Web Site will be deemed to be acceptance of the Terms
of Use, Section A.
- For users who are registered with the Web Site, your use of the Web Site shall be subject to (i) certain designated terms (found at Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use.
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU,
YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.
You may print a copy of these
Terms of Use for your records at any time by using the "print"
function on your internet browser.
These Terms of Use ("Legal
Terms") describe the terms and conditions applicable to your access and use
of this web site, which is owned, operated and controlled by Frontier Bonding
Service, Inc.
Frontier may, at any time,
for any reason and without notice, make changes to (i) this Web Site, including
its look, feel, format, and content, as well as (ii) the products and/or
services as described in this Web Site. Any modifications will take effect when
posted to the Web Site. Therefore, each time you access the Web Site, you need
to review the Legal Terms upon which access and use of this Web Site is
conditioned. By your continuing use of the Web Site after changes are posted,
you will be deemed to have accepted such changes.
This web site ("Web
Site") is directed to those individuals and entities located in the United
States. It is not directed to any person or entity in any jurisdiction where (by
reason of nationality, residence, citizenship or otherwise) the publication or
availability of the Web Site and its content, including its products and
services, are unavailable or otherwise contrary to local laws or regulations. If
this applies to you, you are not authorized to access or use any of the
information on this Web Site. Frontier makes no representation that the
information, opinions, advice or other content on the Web Site (collectively,
"Content") is appropriate or that its products and services are
available outside of the United States. Those who choose to access this
Web Site from other locations do so at their own risk and are responsible for
compliance with applicable local laws.
Not all of the products and
services described on this Web Site are available in all geographic areas of the
United States. You may not be eligible for all of the insurance products and
services described in this Web Site. Frontier reserves the right to determine
all eligibility for such products and services in its sole discretion.
The Web Site may provide a
general description of certain types of insurance products, coverage and
services available through Frontier. These descriptions are not a part of an
insurance contract or policy and do not amend, revise or alter the terms of any
policy issued through or services provided by Frontier.
2. Scope of Use
You are only authorized to
view, use, copy for your records and download small portions of the Content
(including without limitation text, graphics, software, audio and video files
and photos) of this Web Site for your informational, non-commercial use,
provided that you leave all the copyright notices, including copyright
management information, or other proprietary notices intact. You may not store,
modify, reproduce, transmit, reverse engineer or distribute a significant
portion of the Content on this Web Site, or the design or layout of the Web Site
or individual sections of it, in any form or media. The systematic retrieval of
data from the Web Site is also prohibited.
The commercial use,
reproduction, transmission or distribution of any information, software or other
material available through the Web Site without the prior written consent of
Frontier is strictly prohibited.
3. Copyrights and Trademarks
The Web Site is protected by
copyright as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions and other laws. Unless otherwise indicated, the
Content, including, but not limited to, graphic images, buttons, layout,
trademarks, service marks, logos, text, and other materials contained in this
Web Site are the exclusive property of Frontier or its third party licensors.
Except as expressly provided under the "Scope of Use" section above,
you may not use, reproduce, modify, transmit, distribute, or publicly display or
operate this Web Site without the prior written permission of Frontier. You may
not use a part of this Web Site on any other web site, or link any other web
site to the Web Site without Frontier's prior written consent.
4. Privacy
Until you are registered online
with the Web Site, no information of any type is collected online from you.
Frontier's Privacy Notice for its commercial lines customers is available by
clicking
here.
5. Links
Frontier offers links to other
web sites operated by other entities as a convenience to you in the belief that
making hyperlinks available to publicly accessible web pages and newsgroups is
legally permissible and consistent with the common, customary expectations of
those who make use of the Internet. Frontier makes no representation regarding
the content or accuracy of any web site that you may access through this Web
Site. Frontier does not monitor and is not responsible for the content found on
other web sites that are linked from this Web Site. Inclusion of these links on
Frontier's Web Site does not imply endorsement, recommendation or sponsorship
for any linked web site or the services, products or advice described on the
site. Accordingly, Frontier assumes no responsibility or liability for the
content of any linked sites. Before entering any linked site, you should review
and understand that site's privacy policy.
You may not link to this Web
Site without Frontier's written permission. If you are interested in linking to
this Web Site, please contact admin@frontierbonding.com
.
6. No Warranties
THE WEB SITE, AND ANY CONTENT,
ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT, ALL OF WHICH FRONTIER EXPRESSLY DISCLAIMS. FRONTIER DOES NOT
ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR
RELIABILITY OF THE CONTENT, AND FRONTIER WILL NOT BE LIABLE OR OTHERWISE
RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEB SITE OR ANY CONTENT. WE
HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEB SITE. FRONTIER MAKES NO
REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF
ACCESSING THE WEB SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY
PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE
OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY
DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES
OFFERED BY FRONTIER. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
7. Governing Law, Location and Miscellaneous
These Legal Terms shall be
governed in all respects by the laws of the State of Washington USA, without
reference to its choice of law rules. If an applicable law is in conflict with
any part of the Legal Terms, the Legal Terms will be deemed modified to conform
to the law. The other provisions will not be affected by any such modification.
The Web Site is operated by
Frontier Bonding Service, Inc.
8.
Termination
Frontier may terminate the
right of any user to access the Web Site at any time, with or without cause, in
Frontier's absolute discretion and without notice. Any statement in the Legal
Terms or elsewhere on the Web Site of specific grounds for termination of a
user's right to access the Web Site shall in no manner limit Frontier's absolute
right to terminate any user's access to the Web Site.
9. Separate Agreements
You may have other agreements
with Frontier. Those agreements are separate and in addition to these Legal
Terms. These Legal Terms do not modify, revise or amend the terms of any other
agreements you may have with Frontier, or with any other company within Frontier
Financial Services.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
10. U.S. Resident
You represent that you are a United States resident.
11. No Professional Advice
The information available on the Web Site is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. It is not offered as legal, accounting or other professional advice. This Web Site is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEB SITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
12. Privacy; User Submissions; Cookies; User E-Mails; Registration and Security
a. Registration and Security
You are responsible for
maintaining the confidentiality of your user name and password. You may not
share your password with or transfer your password to any third party. You are
responsible for all uses of your user name and password, and any and all related
charges, whether or not authorized by you. You agree to immediately notify
Frontier of any unauthorized use of your password or user name or any other
breach of security. Until Frontier is properly notified of a breach of security
by either e-mail notice at admin@frontierbonding.com
or written notice by U.S. mail addressed to Frontier Bonding Service, Inc. 130
Nickerson Street Suite 311 Seattle, WA 98109, you will remain responsible for
any unauthorized use of the Web Site occurring under your user name and
password. You will not violate, or assist in violating, the security of the Web
Site, whether intentionally, negligently or otherwise. You will not attempt to
utilize another user's account, user name, password, or persona without
authorization from that user.
For purposes of identification,
billing and marketing, you agree to provide Frontier with accurate, complete,
and updated information required by registration to our service
("Registration Data"), including your legal name, address, telephone
number(s), e-mail and, where required, applicable payment data (e.g., credit
card number and expiration date). Frontier reserves the right to verify the
accuracy of all Registration Data. You agree to promptly notify the Web Site of
any change in your Registration Data. Failure to comply with this provision may
result in immediate suspension or termination of your right to use the Web Site.
b. User E-Mail
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information.
c. Privacy, User Submissions and Cookies
Frontier may collect
information from you online through this Web Site, subject to the following:
Until you are registered online
with the Web Site, no information of any type is collected online from
you. You may, however, submit a claim report online without first
registering. Once you are registered, the information that is collected online
is used only for the following purposes: to facilitate your requests, process
any transactions you might initiate, or update your account information, except
as otherwise provided in the
Privacy
Notice for
Frontier's commercial lines customers. To achieve these goals, the Web Site,
like many web sites, uses "cookies" (a small text file placed on the
user's hard drive) to facilitate site navigation, maintain quality of online
service, provide additional security, and allow the customization of your access
to the Web Site. The "cookies" automatically collect information about
your computer hardware and software, which can include browser type, access
times and Internet Protocol (IP) address. The Web Site does not use
"cookies" to collect information for distribution to third parties for
any purpose, nor does it use "cookies" to secure information from
other web sites you may visit.
- Frontier may personalize your user experience by using information about your interests to recommend other services or sites that might be of interest to you;
- Frontier may also monitor user traffic patterns and site usage to help provide enhancements to its services;
- Frontier may use the information it collects to notify you about new services or special offers; and
- Frontier reserves the right to reveal any Registration Data or other information in its possession regarding users of its services in cooperation with a request or investigation by any governmental body or governmental agency.
By providing information or
materials to this Web Site (other than personal information subject to
Frontier's
Privacy Notice for
its commercial customers), you grant to Frontier an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, display, publicly perform,
and transmit such information and materials for any purpose, including without
limitation, disclosing any such information and materials as necessary to
satisfy any law, regulation, or governmental request. You agree not to submit or
transmit any e-mails or materials through the Web Site that (i) are defamatory,
threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or
any other harmful component, (iii) incorporate copyrighted or other proprietary
material of any third party without that party's permission or (iv) otherwise
violate any applicable laws. Frontier shall not be subject to any obligations of
confidentiality regarding any information or materials that you submit except as
specified in
Frontier's
Privacy Notice, as
set forth in any additional terms and conditions relating to specific products
or services, or as otherwise specifically agreed or required by law.
13. Arbitration
Except as regarding any action
seeking equitable relief, including without limitation for the purpose of
protecting any Frontier confidential information and/or intellectual property
rights, any controversy or claim arising out of or relating to these Legal Terms
or this Web Site shall be settled by binding arbitration in accordance with the
commercial arbitration rules, in effect at the time the proceedings begin, of
the American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be held in Seattle, Washington USA.
All information relating to or
disclosed by any party in connection with the arbitration of any disputes
hereunder shall be treated by the parties, their representatives, and the
arbitrator as proprietary business information. Such information shall not be
disclosed by any party or their respective representatives without the prior
written authorization of the party furnishing such information. Such information
shall not be disclosed by the arbitrator without the prior written authorization
of all parties. Each party shall bear the burden of its own counsel fees
incurred in connection with any arbitration proceedings.
Judgment upon the award
returned by the arbitrator may be entered in any court having jurisdiction over
the parties or their assets or application of enforcement, as the case may be.
Any award by the arbitrator shall be the sole and exclusive remedy of the
parties. The parties hereby waive all rights to judicial review of the
arbitrator's decision and any award contained therein.
14. Limitation of Liability
YOUR USE OF THE CONTENT IS AT
YOUR OWN RISK. FRONTIER SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN
IF FRONTIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE
IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF,
INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN
TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN
WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT
OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE OR THE CONTENT. THIS
LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS
AND SERVICES OFFERED BY FRONTIER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
