Unless otherwise indicated, in THIS AGREEMENT, the parties shall be identified as follows: "YOU" or "YOUR" means both you and any company on whose behalf you may be acting, including, but not limited to, the entity for which you work; "WE", "US", or "OUR" means Fireman's Fund Insurance Company.
If YOU establish a hyper-link to OUR web site ("WEB SITE") or use OUR MARKS (as defined below) in any manner, YOU accept the terms and conditions set out below.
1. OUR trademarks, logos and name, including, but not limited to, the familiar "Firehat" mark and "Fireman's Fund Insurance Company" (collectively, the "MARKS"), OUR WEB SITE and its contents are and shall remain OUR sole property.
2. Nothing in THIS AGREEMENT shall give YOU any right of ownership in the MARKS .
3. YOUR use of the graphical image of any of the MARKS will be in a manner compliant with the Logo Usage Requirements, including but not limited to, use only of approved graphical images provided by US. YOUR permission to use OUR MARKS is subject to such rules of use and limitations as WE, in OUR sole discretion, deems appropriate, including, but not limited to, OUR Logo Usage Requirements.
4. YOUR permission to use any MARK is limited to using the MARK as a graphical hyper-link. YOU may not use any MARK in any manner other than as a graphical hyper-link.
5. Any link or access YOU establish must transfer the user only to the home page of the WEB SITE , www.firemansfund.com, and then only in a manner to enable the viewing of the site as posted by US without the imposition of any frames, browser windows or third party content.
6. Unless YOU have been specifically granted authority in another written agreement with US, YOU will not state or imply in any way that WE have endorsed YOU, YOUR products or services, or YOUR web site.
7. WE may, at any time, with or without cause, and with or without prior notice, revoke YOUR permission to use the MARKS and/or to link to any WEB SITE. Additionally, if applicable, YOUR permission to use the MARKS and/or to link to a WEB SITE terminates immediately upon the termination of any other agreement WE may have with YOU, such as an agency or broker agreement or a vendor services agreement. If OUR permission is revoked, YOU must immediately remove any and all links to the WEB SITE and cease use of any and all MARKS .
8. YOU agree to defend, indemnify and hold harmless, US, OUR trustees, officers, employees, and agents from and against any claims, demands, damages, causes of action, loss or judgments arising from YOUR breach of THIS AGREEMENT or YOUR hyper-link to the WEB SITE .
9. YOU EXPRESSLY AGREE THAT THE USE OF OUR MATERIAL AND WEB SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE PROVIDE ACCESS "AS IS" AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE USE OF ANY OF THE MATERIALS OR MARKS UNDER THIS AGREEMENT OR ACCESS TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OUR NEGLIGENCE AND REGARDLESS OF WHETHER SUCH LIABILITY IS FOUND IN CONTRACTS, NEGLIGENCE, TORT OR ANY THEORY OF LIABILITY.
10. Any notice required to be given hereunder may be given by personal delivery, electronic mail, facsimile transmission or U.S. certified, registered or first class mail. Such notice shall be deemed duly given on the date that appears on the written or electronic document that was sent to the other party.
11. THIS AGREEMENT will be construed and enforced in accordance with substantive laws of the State of California. Notwithstanding the foregoing, California's laws on conflicts of laws shall not be applied so as to allow the construction or enforcement of THIS AGREEMENT in accordance with the substantive laws of any other state.
12. YOU represent that that YOU have the legal capacity and authority to enter into THIS AGREEMENT.