REGISTERED USER WEBSITE USE AGREEMENT
(Please read entire agreement to continue)
This website is provided by the Louisiana Home Builders Association Self Insurers Fund (LHBA-SIF) and any access and/or use of this website is subject to the terms and conditions of this Registered User Website Use Agreement, as may be amended from time to time (the Agreement). The restricted areas of this website are intended solely for LHBA-SIF members and/or those agencies who have entered into agency contracts with the LHBA-SIF (hereinafter collectively referred to as “Associates”), and require a log in and password.
PLEASE READ THIS AGREEMENT ENTIRELY AND CAREFULLY BEFORE ACCESSING AND/OR FURTHER ACCESSING AND/OR USING THIS WEBSITE. BY ACCESSING AND/OR FURTHER ACCESSING THE RESTRICTED AREAS OF THIS SITE, YOU AGREE TO BE BOUND BY EACH AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND YOU MUST IMMEDIATELY DISCONTINUE ANY FURTHER ACCESS AND/OR USE OF THIS WEBSITE.
Access and Use.
By your access and/or continued access to any restricted areas of this website, you are affirmatively declaring that you have read and reviewed this Restricted Website Access Agreement, and agree to be bound by each and all of its terms. Unauthorized attempts to upload any information or change information on this website are strictly prohibited and, in addition to loss of access privileges, may be punishable under the Computer Fraud and Abuse Act of 1986 and other federal and state statutes.
Access to restricted areas of this website is intended solely for Associates of LHBA-SIF, which is defined herein as LHBA-SIF members and/or insurance agencies that have entered into agency contracts with the LHBA-SIF. By your access and/or further accessing any restricted areas of this website, you are affirmatively declaring that you and/or your employer are a current Associate of the LHBA-SIF and properly authorized by the LHBA-SIF and the Associate by whom you are employed to access this website. Prior to access and use of this website, Associate’s of the LHBA-SIF must first log in to this website by entering their identity and password in the appropriate boxes. Associates are obligated to maintain the secrecy and confidentiality of their passwords and to obtain new passwords when and to the extent necessary to prevent unauthorized use and/or access to the website. Each Associate is exclusively responsible for any unauthorized use and/or access to this website that is caused by said Associate’s failure to monitor and protect the secrecy of its password. The information on this website is intended solely for each Associate’s own use and such information may not be disclosed or otherwise disseminated to any other person. Unauthorized attempts to upload any information or change information on the website are strictly prohibited and, in addition to loss of access privileges, may be punishable under the Computer Fraud and Abuse Act of 1986 and other federal and state statutes. You agree that you will never use or attempt to use another Associate’s log in credentials or attempt to access any account or information not specifically intended for you.
As a condition of your use of this website, you agree that you will not use this website for any illegal or improper purpose whatsoever or any way that could damage, disable, or impair this website or another website, the property of another, or anyone else’s use of this website.
You agree and acknowledge that LHBA-SIF reserves the right, in its sole discretion, to modify or amend any terms of this Agreement, at any time, and it is solely your responsibility to periodically review this Agreement for any revisions before each access and use of this website to verify any changes to this Agreement. Your continued access and/or use of this website following any posting of any revisions to this Agreement shall signify your acceptance of any such revisions.
Accuracy and Changes.
Any information on this website may include technical inaccuracies and/or typographical errors. Furthermore, the content and information may not be current or live data, and may change from time to time without any notice. Although LHBA-SIF makes reasonable efforts to present accurate and reliable information on this website, LHBA-SIF does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review and verification of its accuracy, completeness, efficacy, and timeliness. LHBA-SIF reserves the right to change or update information at any time without notice and may also make improvements and/or changes in the services and/or content described on this website.
Termination of Access.
In LHBA-SIF’s sole discretion, any Associate’s access to this website may be immediately terminated without notice for any conduct or threatened conduct that LHBA-SIF believes may be in violation of the Agreement or any other agreement entered into with LHBA-SIF. All Associates shall be responsible and help accountable for the actions of their employees and agents, whether authorized or unauthorized, and shall initiate and maintain appropriate policies and procedures to ensure compliance with the terms and conditions of this Agreement by all employees and agents that have access to the Associate’s password and/or this website.
General Limitations of Liability.
IN NO EVENT SHALL LHBA-SIF BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, THEFT, ERRORS, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE CONTENT OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF LHBA-SIF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS(EVEN IF LHBA-SIF HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES). THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
ASSOCIATES EXPRESSLY UNDERSTAND AND AGREE THAT LHBA-SIF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF LHBA-SIF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE LHBA-SIF'S SERVICES OR WEBSITE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, OR (V) ANY OTHER MATTER RELATING TO LHBA-SIF'S SERVICES OR WEBSITE.
THESE LIMITATIONS OF LIABILITY SHALL BE BROADLY INTERPRETED TO THE FULLEST EXTENT ALLOWED BY LAW.
Disclaimer of Warranties
The LHBA-SIF (including its directors, officers, employees and agents) assumes no responsibility for any errors, omissions and/or technical inaccuracies contained on this website and/or any consequences resulting from the any access to this website or the use of the data or information herein, or from use of the data or information obtained at linked Internet addresses. No oral advice or written information provided shall create a warranty, nor shall any Associate rely on any such information or advice. Associates respectively assume all responsibility and risk for any use of this website and the Internet generally.
ALL INFORMATION ON THIS WEBSITE, INCLUDING TEXT, IMAGES, AND LINKS, IS PROVIDED “AS IS” BY LHBA-SIF AS A CONVENIENCE TO ITS ASSOCIATES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LHBA-SIF DOES NOT WARRANT THAT: (A) ANY CONTENT ON THE WEBSITE IS TIMELY, ACCURATE, COMPLETE, RELIABLE, OR CORRECT; (B) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE LHBA-SIF WEBSITE IS SOLELY AT YOUR OWN RISK.
If you are dissatisfied with this website or any content on this website or with these terms and conditions, you agree and acknowledge that your sole remedy is to discontinue your use of this website. You acknowledge, by your use of this website, that your use of the website is at your sole risk and peril.
No oral advice or written information provided shall create any warranty or representations, nor shall any Associates rely on any such information or advice. LHBA-SIF SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR DAMAGES CAUSED BY VIRUSES OR OTHER MALICIOUS CODING, BUGS, WORMS, OR OTHER MALWARE SURREPTITIOUSLY INSTALLED BY ANY THIRD PARTY. The Associate assumes all responsibility and risk for the access and/or use of this website and the Internet generally.
LHBA-SIF MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF ITS SERVICES AND/OR WEBSITE OPERATIONS WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. ASSOCIATES UNDERSTAND AND AGREE THAT LHBA-SIF DOES NOT PROVIDE PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT EACH ASSOCIATE’S OWN RISK AND WITHOUT ANY LIABILITY AGAINST LHBA-SIF OF ANY KIND.
Copyright LHBA-SIF 2017 All Rights Reserved.
LHBA-SIF retains all copyrights in any text, content, graphic images, and software owned by LHBA-SIF. You may not copy, mirror, distribute, reproduce, transmit the information contained therein, or the like, without written permission from LHBA-SIF. You may not access, print or otherwise download any information and/or data on this website except in compliance with the terms of this Agreement and only for the intended purposes and uses set forth herein.
Feedback is Non-Confidential.
Any comments or materials (collectively “Feedback”) sent to LHBA-SIF including questions, suggestions, ideas, comments, or the like relating to this website or any LHBA-SIF services shall be deemed to be non-confidential. LHBA-SIF shall have no obligation of any kind with respect to such Feedback and shall be free to transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, and distribute the information to others without limitation. Further, LHBA-SIF shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information.
Hyperlinks are Not Endorsements.
LHBA-SIF makes no representations whatsoever about any other website which you may access through this one. A link to a non- LHBA-SIF website does not mean that LHBA-SIF endorses or accepts any responsibility for the content, or the use, of such website. It is your responsibility to take precautions to ensure that whatever you select for use is free of such items as viruses and other items of a destructive nature. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by LHBA-SIF.
Through your access and use of this website, you agree that any and all claims arising under, relating to, or in connection with this Agreement and/or the website shall be exclusively governed and resolved pursuant to Louisiana law, excluding its conflicts of law rules, and the United States of America. You further agree and expressly acknowledge that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the LHBA-SIF website shall be filed only in the state or federal courts located in East Baton Rouge Parish, Louisiana, and you further agree and submit to the venue and exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any term or provision in this Agreement is found to be invalid or unenforceable by a court with proper jurisdiction, the court shall strike any such invalid term or provision and any such deleted term or provision shall not affect the validity or enforceability of any other provisions of this Agreement, each of which shall remain valid and enforceable.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Through my access and use of this website, I hereby verify that I have read, understand, agree, and FULLY accept the terms and conditions of this Agreement.