Your use of mdaprograms.com (the “Website”) is subject to the terms and conditions (the “Terms”) set forth below. By accessing the Website or using any MDA Insurance & Financial Group (“MDAIFG”) service available by or through the Website (“Services”), you, the user (“you” or “user”) agree that you are bound by these Terms and by all applicable laws and regulations. If you do not agree with any of these Terms, you must leave this Website immediately. The data and information contained on or within the Website are protected by applicable copyright and trademark law. This Website includes (a) the Website, (b) all information included on the Website, and (c) any services accessible via the Website. This Website is further subject to, and governed by MDAIFG’s Privacy Policy (“Privacy Notice”), to the extent applicable. If you have any questions or concerns regarding your use of the Website, you may email us at: moglesby@mdaifg.com
Use of the Website & Services
No one under the age of 18 is allowed to use the Website or Services without the express written permission of a parent or legal guardian. By using the Website and Services, you state that:
- You can form a binding contract with MDAIFG.
- You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Website or Services on behalf of a business or some other entity, you state that you are authorized to agree to these Terms on behalf of the business or entity and bind them to the same.
By using the Website you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Website; (2) use the Website for any unlawful purpose, including but not limited to infringing on any third-party intellectual property in violation of applicable copyright or trademark laws; or (3) resell or export the software associated with the Website.
Modification and Incorporation of Terms
MDAIFG reserves the right to change these Terms from time to time in its sole and absolute discretion without prior advance notice. Your use of the Website will be subject to the most current version of the Terms posted on the Website at the time of such use. You agree to periodically review these Terms to ensure that you are aware of any changes to them. In addition, you shall be subject to any posted guidelines or rules that may contain terms and conditions in addition to those in these Terms, including but not limited to the afore-mentioned Privacy Notice, as may be further modified. All such guidelines or rules are hereby incorporated by reference into these Terms. If you breach any of these Terms, your authorization to use this Website automatically terminates, and you must destroy all information obtained from the Website and all copies thereof, whether made under the terms herein or otherwise. You remain bound by the Terms with respect to usage that occurred while your authorization to use this Website was in effect.
Intellectual Property
MDAIFG and/or its licensors are the sole owners of the Website, which includes any software, method of doing business, domains, and content made available through the Website. Except as expressly authorized by MDAIFG, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content on the Website. You may not remove, use, or alter any MDAIFG Trademarks (as hereinafter defined) without MDAIFG’s prior written consent. “MDAIFG Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that MDAIFG uses in connection with its products and services. You expressly acknowledge MDAIFG’s rights in the MDAIFG Trademarks and agree that any use of the MDAIFG Trademarks by you will inure to MDAIFG’s sole benefit. You agree not to incorporate any MDAIFG Trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies. All other trademarks not owned by MDAIFG that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by MDAIFG. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights.
Restrictions on Use
Except as otherwise indicated elsewhere on this Website, you may view, download, use or print the information available on this Website subject to the following conditions:
- The information may be used solely for personal, informational, internal, non-commercial purposes.
- The information may not be modified or altered in any way.
- The information may not be distributed by you to others.
- You may not remove any copyright or other proprietary notices contained in the information.
MDAIFG reserves the right to revoke your authorization to view, download, use or print the information available on this Website at any time, and any such use shall be discontinued immediately upon written notice from MDAIFG. You may not view, download, use or print the information except as expressly authorized by these Terms and, in any event, you may not distribute, modify, transmit, copy or publicly display the information without the written permission of MDAIFG.
Disclaimer
The information or Services made available on this Website is presented for informational purposes, and only contains general information about insurance policies, rates, and coverages that may be available to purchase. Actual coverage provided to you by any insurer under a policy is subject to the terms and conditions of the applicable insurance policy. Nothing herein shall constitute a promise, representation, warranty or covenant that you are eligible for any type of insurance or coverage thereunder.
Further, although MDAIFG strives to provide Services and information that is both useful and accurate, laws, regulations, data, and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, the information on the Website may not be up to date, accurate, or complete. MDAIFG may make changes to the Services and information contained on this Website at any time without notice. In addition, portions of the information on the Website have been contributed to the Website by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and MDAIFG expressly disclaims any liability with respect to the foregoing.
Assumption of Risk
You acknowledge and agree that you should not rely on the Website for any reason. You further acknowledge that you are solely responsible for maintaining and protecting all of your data and information, even if it is stored, created, retrieved, or otherwise processed by the Website. You acknowledge that MDAIFG makes no representation that (a) the Website will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Website will be accurate or reliable; or (c) any errors on the Website will be corrected.
No Warranties
YOU EXPRESSLY REPRESENT, WARRANT, AND COVENANT THAT YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK. THE WEBSITE, THE SERVICES AND ALL INFORMATION CONTAINED, ON, IN, OR LINKED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MDAIFG MAKES NO WARRANTY THAT 1) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, 2) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR 4) THE QUALITY OF ANY SERVICES OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING THE WEBSITE, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION RESULTING FROM COMPUTER VIRUSES.
Waiver and Limitation of Liability
You agree that MDAIFG, its affiliates, subsidiaries, and their respective agents, officers, directors, insurers, owners or suppliers shall not have any liability to you under any theory of liability or indemnity in connection with your access to or use of this Website or any website referenced in or linked to or from this Website.
IN NO EVENT SHALL MDAIFG, ITS AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, INSURERS, EMPLOYEES, OWNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, COMPUTER OR SOFTWARE DAMAGE, PROFITS, OR IDENTITY THEFT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, INFORMATION OR ANY LINKED SITE IS TO STOP USING THE WEBSITE, INFORMATION OR SERVICES, AS APPLICABLE.
Notwithstanding the foregoing paragraph, in the event that any of the parties identified above is found liable to you for any reason whatsoever (including if the foregoing paragraph is found unenforceable), you agree that the total aggregate liability of any such party and their respective agents, officers, directors, insurers, owners or suppliers, if any, for losses and damages suffered by you arising out of or connected with your use of or access to this Website shall not exceed one hundred ($100) dollars.
Conduct
You are responsible for any activity from your device on the Website, whether or not you authorized that activity. You acknowledge that if you wish to protect your transmission of information to MDAIFG, it is your responsibility to use a secure encrypted connection to communicate with the Website.
Indemnity
You agree to indemnify and hold MDAIFG, its affiliates, subsidiaries, and their respective agents, officers, directors, insurers, owners or suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your violation of the Terms, or your violation of any rights of another.
Links to the Other Websites
This Website contains links to third-party websites that are not under the control of MDAIFG. MDAIFG makes no representations whatsoever about any other website you may access through this Website. When you access a non-MDAIFG website, you do so at your own risk, and MDAIFG is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. MDAIFG provides these links merely as a convenience, and the inclusion of such links does not imply that MDAIFG endorses or accepts any responsibility for the content or uses of such websites.
Information, Privacy, and Content Submission
By using the Website, you may submit your personal information or the personal information of others to MDAIFG, or you may have access to the personal information of others through use of the Website. As noted above, any information that you submit or that MDAIFG collects when you are using the Website is subject to the Privacy Notice. Subject to the terms of the Privacy Notice, MDAIFG may need your permission to do certain things that you ask it to do with your information or the information of others. You agree that MDAIFG needs to do those things solely to provide its Services to you, and you give MDAIFG permission to do so. You agree that you are solely responsible for the content you submit to the Website. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms and with the Privacy Notice. If any of the content that you use in connection with the Website is the protected intellectual property of others, you are responsible for and liable for how you use that content. You agree that MDAIFG is free to use any comments, information, or ideas contained in any communication you may send to MDAIFG without compensation, acknowledgement, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the Website or other products or services.
Termination
We reserve the right to suspend or terminate the Website and its Services or support for the Website and its Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use of the Website if you are not complying with these Terms, or if you use the Website in any way that would cause us legal liability or disrupt others’ use of the Website, as we may determine in our sole discretion. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your access immediately.
Governing Law
These Terms shall be governed by the internal laws of the State of Michigan, without reference to its conflict of laws provisions. This Website is solely directed to individuals residing in the United States, and MDAIFG makes no representation or warranty that the Website is appropriate or available for use in other jurisdictions or locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Binding Arbitration
You agree that any controversy, claim, dispute or proceeding involving MDAIFG and you arising out of or related to the Website or these Terms or the Privacy Policy shall be resolved exclusively by arbitration, held in Ingham County, Michigan, in accordance with the rules of the American Arbitration Association. Any decision or award of arbitration shall be final and binding upon the parties and shall be enforceable by entry of a judgment by any court of competent jurisdiction. Notwithstanding the foregoing, you agree that MDAIFG may seek and obtain injunctive relief, specific performance or other equitable relief, as appropriate, for any breach or threatened breach of the Terms, in any court of competent jurisdiction, without resorting to and/or in addition to proceeding with arbitration.
Time Limitations on Claims
You agree that any cause of action or claim you may have arising out of or with respect to the Website or these Terms must be commenced within one year after your claim or cause of action arises, or be forever barred, regardless of any statute or law to the contrary.
Force Majeure
Notwithstanding the above, MDAIFG shall not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. Upon the occurrence of any such event, MDAIFG will be excused from any further performance of its obligations effected by the event for so long as such performance is affected by the occurrence of any such event.
Notice
You agree, for purposes of these Terms, that MDAIFG may give notice to you by posting such notice on this Website, by regular mail, or by email sent to an email address supplied by you. You may, for purposes of these Terms, give notice to MDAIFG by email addressed to moglesby@mdaifg.com or by regular mail.
Severability/Non-Waiver
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions of these Terms shall be enforced. The failure by one party to act with respect to a breach by the other party under these Terms does not waive the first party’s right to act with respect to subsequent or similar breaches.