When you visit the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Website, including without limitation, text, graphics, logos, button icons, audio clips, digital downloads, data compilations, and software, is the intellectual property of ESW, or its content suppliers and licensors, and is protected by United States and/or international copyright laws. The compilation of content on the Website is the exclusive property of ESW and is protected by United States and international copyright laws. All software used on this site is the property of ESW and its affiliates, or its software suppliers and licensors, and is protected by United States and international copyright laws.
“ESW”, “Elite Specialty & Wholesale”, “Elite Specialty & Wholesale Insurance Services” and other marks, graphics, logos, page headers, button icons, and service or trade names featured on our site are trademarks of ESW, or the site’s content providers and licensors. These trademarks may not be used in connection with any third-party product or service in any manner that is likely to cause confusion among clients or customers, or in any manner that disparages or discredits ESW and its subsidiaries and affiliates. All trademarks not owned by ESW that appear on this site are the property of their respective owners.
License and Site Access
Reviews, Comments, Communications, and Other Content
Visitors may post comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. ESW reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant ESW, its subsidiaries, and its affiliates, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ESW, its subsidiaries, its affiliates, and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ESW, its subsidiaries, and its affiliates for all claims resulting from content you supply. ESW has the right, but not the obligation, to monitor and edit or remove any activity or content. ESW takes no responsibility, and assume no liability, for any content posted by you or any third party.
Accuracy of Information
ESW attempts to be as accurate as possible with respect to information on the Website, however, ESW does not warrant that the content of the Website is accurate, complete, reliable, current, or error-free.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY ESW ON AN “AS IS” “WHERE IS” AND “AS AVAILABLE” BASIS. ESW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ESW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ESW DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM DOMAINS OF THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration at Judicate West in Santa Ana, California, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of ESW, ESW may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
by E-mail: email@example.com;
by mail: 501 N. El Camino Real, Suite 200, San Clemente, CA 92672
or via telephone: (949) 550-6026.