Terms and Conditions

These Terms and Conditions (“Terms”) constitute a legal contract between you and HBW Insurance Services, LLC, its parents, affiliates or subsidiaries (collectively, “2-10 IS”, “we”, or “our”), and govern all aspects of your use of the website, https://www.2-10.com/insurance-services/ whether accessed via computer, mobile device or otherwise, and all related webpages (collectively, the “Site”) or any services offered on the Site (“Services”). These Terms also apply to any resources and tools provided through the Site, including but not limited to download areas, community forums, chat rooms, blogs, sharing sites, portals, email functions and product and Service information. These Terms apply to all webpages that comprise the Site, both now and in the future.

By using or accessing our Site or Services, you acknowledge and agree that you consent to these Terms and any incorporated additional terms, such as our Privacy Notice. If you do not agree to be bound by the Terms, please exit the Site now.

These Terms are in addition to any other terms and conditions that may apply to the Services (the “Additional Terms”). Where appropriate, please review those separate terms and conditions. In the event these Terms conflict with the Additional Terms, the Terms of Use shall control all aspects of your use of the Site.

Please read the following terms carefully

Modification of these terms

We may add to, delete or change these Terms, your license to use the Site, and any policies or agreements which are incorporated herein, at any time without notice, and such changes or modifications shall be effective immediately upon posting the revised Terms at this Site. You are responsible for regularly reviewing these Terms. Continued use of the Site after any such changes constitutes your consent to the revised Terms. If you have an account with us, we may occasionally notify you of changes or modifications to the Terms by e-mail. We assume no liability or responsibility for your failure to receive an e-mail notification if such failure results from an inaccurate e-mail address listed under your account. It is, therefore, important that you keep your account information current.

The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, as set forth below shall survive any termination of these Terms.

Account registration

The Site and Services are not intended for use by anyone under the age of 18.

The Site and Services are not intended for, and should not be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.

To use the Services, you must provide complete and accurate information when you register for an account. As part of the registration process, you will need to provide us with access credentials, such as an e-mail address and password for your 2-10 IS account. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers, and symbols.

2-10 IS reserves the right to refuse registration of, or cancel, accounts for any reason, in its sole discretion.

User and account holder responsibilities

You are solely responsible for (i) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials; (ii) not allowing another person to use your access credentials; and (iii) any damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials.

2-10 IS is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of these Terms) to allow another person or entity to access and use the Site or Services using your access credentials.

You must immediately notify 2-10 IS if you become aware of any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your account by using the contact information listed below.

You will comply at all times with 2-10 IS’s Privacy Notice. 2-10 IS may, from time to time and in its sole discretion, revise its Privacy Notice, such revisions to be effective immediately upon being posted on the Site.

Unlawful or prohibited uses

You accept sole responsibility for your use of the Site and Services. Your use of the Site and Services is limited to their intended functions. Unauthorized use of the Site or Services is strictly prohibited. Prohibited use of the Site and Services includes:

• Harassment in any manner or form on the Site or any areas of the Site, including via e-mail and chat, or by obscene or abusive language.
• Impersonation of others, including a 2-10 IS employee, host, or representative or other members or visitors.
• Uploading to, distributing, or otherwise publishing through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
• Uploading commercial content on the Site or using the Site to solicit others to join or become members of any other commercial online service or other organization.
• Behavior that violates any law, statute, ordinance, or regulation, or that is otherwise fraudulent or deceptive, or encourages conduct that would constitute a criminal offense or that gives rise to civil liability.
• Attempt to gain unauthorized access to other accounts, networks, or computer systems connected to the Site.
• Attempt to damage, disable, overburden, or impair 2-10 IS’s servers or networks.
• Use or launch any technology, including without limitation, “robots”, “spiders”, or accounts.
• Attempt to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
• Behavior that violates the Terms or any 2-10 IS policies or agreements, including but not limited to the 2-10 IS’s Anti-Spam Policy.
• 2-10 IS reserves the right, in its sole discretion, to terminate any Services provided to you and to assert legal action with respect to your use of the Site or Services that 2-10 IS reasonably believes is or might be in violation of the Terms, Additional Terms, or other 2-10 IS policies or agreements.

Copyrights and Trademarks

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof (“Website Content”) is copyrighted as a collective work under the United States and other copyright laws, and is the property of 2-10 IS. The collective work includes works that are licensed to 2-10 IS. Copyright 2000 through current calendar year. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to 2-10 IS, or other respective owners that have granted 2-10 IS the right and license to use such Marks.

Website Content is for your personal and noncommercial use. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.  You will in no way obtain any ownership interest in the Website Content.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use in connection with your purchase of 2- 10 IS products or Services. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of 2-10 IS is strictly prohibited.

Notices and procedures for making claims of copyright infringement

2-10 IS respects the intellectual property of others, and we ask our users and visitors to do the same. 2-10 IS will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, 2-10 IS will investigate, remove or disable access to any material found to be infringing or found to be the subject of infringing activity, and remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide 2-10 IS with all of the following information: 1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of the location on the Site of the alleged infringing material; 4. your address, telephone number, and e-mail address and all other information reasonably sufficient to permit 2-10 IS to contact you; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail: HBW Insurance Services, LLC
13900 E. Harvard Ave.
Aurora, Colorado 80014
ATTN: General Counsel

By fax: (303) 368-0529
By E-mail: leg[email protected]

(Please include “Notice of Infringement, ATTN: General Counsel” in the subject line.)

Important note: The preceding information is provided exclusively for notifying HBW that your copyrighted material may have been infringed. All other inquires, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.

Typographical error

In the event a 2-10 IS product or Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, 2-10 IS shall have the right to refuse or cancel any orders placed for the product or Service listed at the incorrect price. 2-10 IS shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, 2-10 IS shall issue a credit to your credit card account in the amount of the incorrect price.

Modifications to Policies, Prices and Terms

By providing material, such as policy descriptions, on our Site, 2-10 IS does not in any way promise that the materials will remain available to you or that you will qualify for any of the products or services we offer. 2-10 IS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRODUCTS, SERVICES, AND PRICING, EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEBSITES OR APPLICATIONS OR BY E-MAIL DELIVERY TO YOU.

In accordance with various insurance laws and other regulatory restrictions, insurance products and services referenced on the Site may not be available or suitable for all jurisdictions and may not be offered by all of the 2-10 IS family of companies.

Except as expressly stated herein, the information contained on this Site is not an offer to sell or a solicitation to purchase any insurance product or other product or service by 2-10 IS. Rather, the information on our products and services is provided to you so you can learn what products the 2-10 IS generally offers. Please contact a designated 2-10 IS representative to find out which products and services are available to you in your jurisdiction. We may make improvements and/or changes to the products, services and/or programs described on this Site at any time without notice.

The Site does not amend, modify or supplement any insurance policy. Consult the actual policy, your agent or contact us for the name of an agent who can supply you with details regarding terms, conditions, coverages, exclusions, products, services and programs which may be available to you. Your eligibility for particular products and services is subject to final determination of underwriting qualifications and acceptance by 2-10 IS or 2-10 IS’s partners.

Third-party links

In an attempt to provide increased value to our visitors, the Site may contain links to other websites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). These Terms and 2-10 IS’s Privacy Notice do not apply to External Sites. Please review the terms and conditions and privacy notices for any External Sites that you may visit through a link on our Site.

2-10 IS has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that 2-10 IS sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, 2-10 IS seeks to protect the integrity of this Site and the links placed upon it and, therefore, requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the site administrator or Webmaster for those External Sites if you have concerns regarding such links or the content located on such External Sites.

Claims

Each claim or statement about the effectiveness of 2-10 IS products and/or each claim or statement comparing the effectiveness of 2-10 IS products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

No Warranty

2-10 IS makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or

External Sites. 2-10 IS does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.

This Site and the materials, information, Services, and products on this Site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, 2-10 IS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance.

2-10 IS does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. 2-10 IS does not make any warranties or representations regarding the use of the materials in this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

2-10 IS makes no warranty whatsoever to you, express or implied, regarding the security of the Site or Services, including with respect to unauthorized persons to intercept or access information transmitted by you through the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. 2-10 IS is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.

System outages, slowdowns, and capacity limitations

At times you may experience difficulty accessing the Site or Services or communicating with 2-10 IS through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an internet service provider’s, or 2-10 IS’s, can experience unanticipated outages or slowdowns or have capacity limitations. 2-10 IS makes not warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data services on your device.

Limitation of liability

In no event shall 2-10 IS be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever in connection with the Site or Services or your use thereof or inability to use by any party, even if 2-10 IS has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, Services, products, and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless 2-10 IS, its officers, directors, employees, agents, licensors and suppliers (collectively the “Indemnified Parties” and each an “Indemnified Party”) from and against any and all losses, expenses, damages and costs, including without limitation reasonable attorneys’ fees and expert witnesses’ fees, incurred or arising from (i) any violation of these Terms (including negligent or wrongful conduct) by you, (ii) any violation of the Anti-Spam Policy, (iii) any activity related to your use of the Site or Services, or (iv) any information provided by you or any other person accessing the Site using your account credentials.

You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the written consent of the applicable Indemnified Party.

Arbitration

By using this Site, you agree that 2-10 IS, at its sole discretion, may require you to submit any disputes arising from the use of the Site or Services, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non­performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association (“Rules”), by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages in any arbitration initiated under this section, except as may be required by statute.

General Provisions

The Terms shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site or Services (including but not limited to the purchase of 2-10 IS products) shall be in Denver, Colorado.

Any cause of action or claim you may have with respect to the Site or Services (including but not limited to the purchase of 2-10 IS products) must be commenced within one (1) year after the claim or cause of action arises.

2-10 IS’s failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.

2-10 IS may assign its rights and duties under the Terms to any party at any time without notice to you. 2-10 IS makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site or Services from locations outside Colorado do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Colorado.

If any provision of the Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force. The waiver by either party of a breach of any provision of the Terms will not operate as a waiver of any other or subsequent breach. 2-10 IS may subcontract all or a portion of its responsibilities hereunder.