Terms of Use

Effective Date June 7, 2010
 

Loya Insurance Group provides its services and products to you subject to the provisions of these Terms of Use ("TOU"). By using this Site or viewing the content herein you accept and agree to be bound by these TOU and each of its provisions. This is a legally binding agreement between you and Loya Insurance Group, so please read it carefully. If you do not agree to these TOU, please do not use Loya Insurance Group.

Modification

Scope of Use Use of the Site by a competitor organization or other non-consumer third party is not permitted. We grant you permission to access Loya Insurance Group but not to download or copy any portion of its content for any commercial purpose or to modify any portion of it, except with our written or e-mailed consent. This license does not include any commercial use of Loya Insurance Group or its content, any derivative use of Loya Insurance Group or its contents, or any use of data mining, robots or similar data gathering or extraction tools or processes. You further agree not to undertake any of the foregoing. Except as explicitly provided in these TOU, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of Loya Insurance Group for any commercial purpose. You may display and print a copy of the pages of Loya Insurance Group for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on Loya Insurance Group without our prior written consent. Requests for permission to reproduce or distribute materials found on the Site should be sent to support@fredloya.com. You may not use our name or any misspelling or typographical variation of Loya Insurance Group, whether alone or in conjunction with any other word or phrase, trademarks or service marks in any manner (including use in any meta-tags or any other "hidden text") without our prior written or e-mailed consent. Any violation of the foregoing will terminate the permission granted by us to access and make use of Loya Insurance Group.

Products and Services The information provided to you on this website is general in nature and may not contain all of the terms and conditions applicable to Loya Insurance Group's services. You must review the terms of your individual policy to determine the applicable terms and conditions. Coverage may vary by state and the services described on the Site are only available in the jurisdictions where Loya Insurance Group is licensed. The information provided to you on this Site is not offered as legal, accounting or other professional advice, and is not tailored to your particular circumstances.

Quotations and Coverage All quotations generated on the Site are estimates based upon information that you have provided to Loya Insurance Group. They do not constitute a contract or agreement to extend insurance coverage. To obtain coverage you must submit an application to Loya Insurance Group. All applications are subject to approval, and coverage and availability may vary by state.

When you submit information to us for your quote, we rely on the accuracy of that information. If you decide to purchase a policy through us, we will verify the information you have provided us from motor vehicle and claims reports, and your quote is therefore subject to change based on other variables we may learn about.

Online Claims Submissions You may choose to submit a claim through Loya Insurance Group's website. Your submission does not bind Loya Insurance Group to coverage for this loss. Information you submit regarding the loss is subject to verification and review. Loya Insurance Group reserves the right to request additional information regarding the loss prior to adjudicating a claim, and all provisions in your individual policy will continue to apply.

Account and Password In order to access some features on the Site, you will have to create a User account. In creating a User account, we ask that you provide certain information about yourself. If you have created a User account with Loya Insurance Group, you are responsible for the security of your account and password. You agree to accept responsibility for all activities that occur in connection with your account, whether or not the use is authorized. In addition, you agree to notify us immediately of any known unauthorized use of your account. We reserve the right to close your account at any time for any reason.

Privacy Policy Loya Insurance Group's current Privacy Policy is available at Privacy Policy and is incorporated herein by this reference.

Copyright Policy The information on this Site and any materials is the copyrighted work of Loya Insurance Group and is protected by United States and worldwide copyright laws and treaty provisions. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Loya Insurance Group without obtaining our prior written consent. You are granted limited permission to use the information and/or materials on this site such information or materials: i) is used solely for non-commercial purposes and remains unmodified or revised, ii) retains any copyright notices as may accompany the original version, and iii) contains a statement that the material or information is used with Loya Insurance Group 's permission.

Ownership Loya Insurance Group owns the Loya Insurance Group Content that is available on the Site, including but not limited to visual interfaces, interactive features, graphics, scripts, photos, sounds, music, videos, design, compilation, computer code, products, software, text, aggregate user review ratings, and all other elements and components of the Site, excluding any third party content. Loya Insurance Group also owns or has the license for the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Loya Insurance Group Content and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Loya Insurance Group Content in whole or in part except as expressly authorized by Loya Insurance Group. Except as expressly and unambiguously provided herein, Loya Insurance Group does not grant you any express or implied rights. All rights in and to the Website and the Loya Insurance Group Content are retained by Loya Insurance Group.

Links to Third Party Websites Loya Insurance Group may include links to other websites. Loya Insurance Group does not control or endorse any content of these third party websites, and, by using Loya Insurance Group you agree that Loya Insurance Group is not responsible for the availability or content of such third party websites.

Termination Loya Insurance Group reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any reason, with or without prior notice, and without liability. Loya Insurance Group expressly reserves the right to remove your User account and/or restrict, suspend, or terminate your account and your access to any part of the Site if it determines, in its sole discretion that you breached the TOU or are suspected of involvement in illegal activity. You may terminate your account with Loya Insurance Group at any time, for any reason, by following the instructions on the User Account Settings page [make sure you have this feature in Account Settings] or sending an email to support@fredloya.com. Subject: CLOSE ACCOUNT. Make sure to reference your account information in the body of the email. In the event of any termination, this TOU shall remain in effect.

Warranty Disclaimers ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH LOYA INSURANCE GROUP ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH LOYA INSURANCE GROUP ARE ACCURATE, RELIABLE OR CORRECT; THAT LOYA INSURANCE GROUP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT LOYA INSURANCE GROUP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE LOYA INSURANCE GROUP. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT LOYA INSURANCE GROUP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

Damages; Indemnification You agree that you will be responsible for any damages resulting from any violation of these TOU. You further agree to indemnify and hold Loya Insurance Group, and its owners, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys$rsquo; fees, made by any third party due to or arising out of your breach of these TOU, or any violation of any law or the rights of any third party that occurs in connection with your use of Loya Insurance Group.

Reservation of Rights Loya Insurance Group reserves all right to obtain any remedy available in law or equity for breaches of the TOU set forth in this Site. Loya Insurance Group does not attempt to market any services to those under 18 years of age and does not knowingly collect information from minors. In using this Site, you represent that you are 18 years of age.

Choice of Law and Forum These TOU shall be governed by and construed in accordance with the laws of the State of Texas, excluding conflicts of law rules. You agree that, unless expressly waived by us, the exclusive jurisdiction for any claim or action arising out of or relating to these TOU or your use of Loya Insurance Group shall be in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You also agree that in the event of any action to enforce or interpret these TOU, the prevailing party shall be entitled to collect its reasonable attorneys' fees.

Severability If any of provision of these TOU shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of these TOU.

Miscellaneous The failure of Loya Insurance Group to exercise or enforce any right or provision of this TOU shall not operate as a waiver of such right or provision. The section titles in this TOU are for convenience only and have no legal or contractual effect. This TOU operates to the fullest extent permissible by law.

If you have any questions regarding these TOU, please contact us at: support@fredloya.com.

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