Prohibited Uses
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Website or any part thereof, which includes, without limitation: (a) use of the Website to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Website to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website, to restricted portion of the Website, to Content, or any other computer network or equipment; (d) use of the Website to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Website to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Website); (g) use of the Website to gain competitive intelligence about RPS, the Website, or any product or service offered via the Website or to otherwise compete with RPS or its affiliates; (h) framing or otherwise simulating the appearance or functions of the Website or any portion thereof; (i) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users;or (j) use of the Website to engage in any activity that, as determined by RPS, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.
Copyright & Copyright Uses
RPS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Website sufficient to allow us to locate the allegedly infringing material
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact us for Notice of Claims of copyright infringement at: copyright@RPSins.com
Disclaimers
The Content provided via the Website, or any product or service offered via the Website, is provided for informational purposes only, from a general insurance/risk management perspective, with the understanding that RPS is not rendering legal, accounting, or other professional advice on specific matters. Accordingly, RPS assumes no liability whatsoever in connection with the use of such content. RPS recommends that you consult your legal counsel or other professional advisor with respect to your individual situation.
RPS uses reasonable efforts to maintain the Website, but RPS is not responsible for any defects or failures associated with the Website, any part thereof, any Content posted using the Website, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which RPS may undertake from time to time, or (c) causes beyond the control of RPS or which are not foreseeable by RPS.
Please note the following important disclaimers of warranties:
To the maximum extent allowed by law, the website, any content, and any products or services provided via the website are provided "as is" and "as available," and at your sole risk. To the maximum extent allowed by law, RPS expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title and non-infringement.
Without limitation, RPS makes no warranty that the website, any content, or any products or services provided via the website will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the foregoing or any information found thereon will be accurate or reliable, or that the quality of any content, products, services, information or other material obtained through the website will meet your expectations.
Any content or other material downloaded or otherwise obtained through the use of the website is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Further, please note that no advice or information, obtained by you through the website or any product shall create any warranty not expressly provided for in these terms of use.
Limitation of Liability
To the maximum extent allowed by law, you expressly understand and agree that RPS shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if RPS has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the website, any content, or any products or services purchased via the website; (b) the cost of procurement of substitute products and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the website or otherwise; (c) unauthorized access to or alteration of your transmissions, content or data; or (d) any other matter relating to the website, any content, or the purchase of RPS’ products or services. If you are dissatisfied with the website, your sole and exclusive remedy shall be to discontinue use of the website and terminate this agreement in accordance with its terms. To the maximum extent allowed by law, in no event shall RPS’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing the website, purchasing any content or purchasing RPS’ products or services or any amount retained by RPS for providing the services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless RPS, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (c) infringement or misappropriation of any intellectual property or other rights of RPS or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Agreement, or (f) your use of any Content, services, or products provided by RPS.