Agreement between user and hammerinsurance.com
The terms “its”, “we” , “us” or “our” shall refer to HAMMER INSURANCE SERVICES, INC. The terms “you”, “your” or “User” shall refer to any individual or entity who accepts this Agreement or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Hammerinsurance.com is an e-commerce site
The purpose of hammerinsurance.com is to provide an insurance resource to prospect and current insurance clients.
Visiting hammerinsurance.com, initiating chat or sending emails to HAMMER INSURANCE constitutes electronic communications. You consent to receive electronic communications and you agree to all agreements, notices, disclosures and other communications that we provide to you electronically (via email and on the Site), satisfy any legal requirement that such be in writing.
Links to third party sites/Third party services
Hammerinsurance.com may contain links to other websites (“Links Sites”). The Linked Sites are not under the control of HAMMER INSURANCE and HAMMER INSURANCE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HAMMER INSURANCE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HAMMER INSURANCE of the site or any association with its operators.
Certain services made available via hammerinsurance.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the hammerinsurance.com domain, you hereby acknowledge and consent that HAMMER INSURANCE may share such information and data with any third party with whom HAMMER INSURANCE has a contractual relationship to provide the requested product, service or functionality on behalf of hammerinsurance.com users and customers.
No unlawful or prohibited use/Intellectual Property
Unless otherwise stated, HAMMER INSURANCE and/or its licensors, affiliates or related companies own the intellectual property rights in the Site and material on the website. Subject to these Terms, all intellectual property and proprietary rights are reserved. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, (re)publish, redistribute, transmit, reverse engineer, participate in the transfer of sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HAMMER INSURANCE content is not for resale. Your use of the Site does not entitle you to make an unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HAMMER INSURANCE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of HAMMER INSURANCE or our licensors expect as expressly authorized by the Terms.
You agree to indemnify, defend and hold harmless HAMMER INSURANCE, its officers, directors, employees, agents and third party affiliates, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HAMMER INSURANCE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HAMMER INSURANCE in asserting available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HAMMER INSURANCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HAMMER INSURANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINS ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HAMMER INSURANCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Access to certain areas of the Site is restricted. HAMMER INSURANCE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
If HAMMER INSURANCE provides you with a login account to enable you to access restricted areas/assets of the Site or other content or services, you must ensure that the password(s) are kept confidential. HAMMER INSURANCE may disable/limit your access/password at HAMMER INSURANCE’s sole discretion without notice or explanation.
HAMMER INSURANCE reserves the right to edit or remove any material submitted to this website, or stored on HAMMER INSURANCE’s servers, or hosted or published upon the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HAMMER INSURANCE as a result of this agreement or use of the Site. HAMMER INSURANCE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HAMMER INSURANCE’s right to comply with governmental, court and law enforcement requests or in requirements relating to your use of the Site or information provided to or gathered by HAMMER INSURANCE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original prevision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HAMMER INSURANCE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HAMMER INSURANCE with respect to the Site. 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 business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
HAMMER INSURANCE reserves the right, at its sole discretion, to change the Terms under which hammerinsurance.com is offered. The most current version of the Terms will supersede all previous versions. Please check this page regularly to stay informed of our updates.
HAMMER INSURANCE may transfer, sub-contract or otherwise deal with HAMMER INSURANCE’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
HAMMER INSURANCE welcomes your questions or comments regarding the Terms:
9225 Charles Smith Ave Ste A
Rancho Cucamonga, California 91730
Effective as of June 02, 2014