Last Updated: October 7, 2024
These Terms of Use (the “Agreement”) apply to the websites owned by the Jim Moran & Associates, Inc., Fidelity Warranty Services, Inc., Fidelity Insurance Agency, and Courtesy Insurance Company (collectively, those organizations are “JM&A Group” and their websites are the “Websites”). By accessing and using the Websites, you agree to comply with this Agreement, as may be amended from time to time in JM&A Group’s sole discretion. If you do not agree to this Agreement, you should immediately stop using the Websites.
Your Right to Access and Use the Websites
The right to access and use the Websites is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Websites for lawful purposes and pursuant to the terms and conditions of this Agreement. The Websites are not intended for persons under the age of eighteen (18) years old.
Any action by you that—as determined by the JM&A Group, in its sole discretion— restricts, inhibits or prevents you or any other user from accessing, using or enjoying the Websites is not permitted. Any such action, or any other conduct that the JM&A Group determines (in its sole discretion) to be unacceptable, may result in your loss of the right to access and use the Websites.
Intellectual Property Rights
Images or videos of people or places displayed on the Websites are either the property of, or used with the permission by, the JM&A Group. The use of these images or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or JM&A Group otherwise provides you specific permission. Any unauthorized use of the images or videos may violate privacy, publicity, copyright, trademark, and/or communications laws or regulations.
The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the Websites are owned by the JM&A Group or a third party. Nothing contained on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Websites without the written permission of the JM&A Group or such third-party owners of the Trademarks. Any use of third-party Trademarks on the Websites is done either by permission of the Trademarks’ owners or is subject to the Fair Use provisions of international, federal, and state intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting the JM&A Group any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on the Websites, or any other content on the Websites is strictly prohibited. The JM&A Group reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
The data and content contained on or downloaded from the Websites (collectively, the “Content”) are copyrighted by the JM&A Group or third parties. The JM&A Group also owns a copyright of a collective work in the selection, coordination, arrangement, and enhancement of the Content.
Subject to your compliance with this Agreement, you may access, view, download, or print a single copy of the Content for your personal, non-commercial use—provided, however, that you will not delete any proprietary notices or materials on the Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication, or use of the Content is permitted without the express prior written permission of the JM&A Group or its licensors.
You agree that printing, downloading, or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.
You are solely responsible for any damage resulting from your infringement of the JM&A Group intellectual property, or any other harm incurred by the JM&A Group as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication, or use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.
License Grant
If you make any submission to or communications on the Websites, you automatically grant, or warrant that you and/or the owner of such content has expressly granted to the JM&A Group, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content material in any media or medium, or any form, format or forum now known or hereafter developed. The JM&A Group may sublicense its rights through multiple tiers of sublicenses.
No Representations or Warranties Regarding Content
THE CONTENT IS BEING PROVIDED TO YOU ON AN “AS-IS” BASIS. THE JM&A GROUP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT.
THE JM&A GROUP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE WEBSITES OR ANY CONTENT AVAILABLE FOR DOWNLOADING FROM THE WEBSITES IS FREE OF DEFECTS OR MALWARE. YOU AGREE THAT ACCESSING THE WEBSITES OR DOWNLOADING CONTENT IS AT YOUR OWN RISK.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS, OR OTHER INFORMATION OR CONTENT ON THE WEBSITES.
Limitations on the JM&A Group’s Liability
THE JM&A GROUP WILL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF:
(i) YOUR ACCESS AND USE OF THE WEBSITES;
(ii) YOUR DOWNLOADING OF ANY CONTENT;
(iii) YOUR RELIANCE ON OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON THE WEBSITES.
Indemnification
You will defend, indemnify, and hold harmless the JM&A Group, its parent, subsidiaries and affiliates, and each of their respective officers, directors, shareholders, employees, independent contractors, agents, and representatives from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to you (or to your agents) (i) breach or violation of this Agreement and (ii) access or use of the Websites.
Links to External Websites
The Websites may contain links to other websites. The JM&A Group is not responsible for the availability of these external websites nor does the JM&A Group endorse the activities or services provided by these websites. Under no circumstances will the JM&A Group be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.
Privacy
The JM&A Group respects your privacy. The collection and use of your information in connection with the Websites is governed by our Privacy Policy which is incorporated into this Agreement by reference.
Third Party Rights
This Agreement is for the benefit of the JM&A Group, its parent, subsidiaries, affiliates, and third-party licensors, each of which have the right to enforce and assert the terms and conditions of this Agreement directly against you on its behalf. No other third-party rights are provided under this Agreement.
Amendments
The JM&A Group reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement are effective immediately upon their inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on the Websites.
You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access to and use of the Websites following the posting of any such changes is deemed your acceptance of the same.
Remedies
You acknowledge that the JM&A Group may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, the JM&A Group is entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of this Agreement.
Disputes
Any action or proceeding arising out of or relating to this Agreement or your use of the Websites must be brought in the state courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such courts and waive any objection to the setting of the venue of any such action or proceeding in such courts. You agree that service of any court paper may be effected by mail or in such other manner as may be provided under applicable laws, procedural rules, or local rules.
Miscellaneous
This Agreement is to be governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, and only that portion of this Agreement that is unlawful, void, or unenforceable will be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by the JM&A Group from time to time, survive your acceptance of this Agreement.