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Please check
this Term of Use policy periodically to inform yourself of any changes.
Although we reserve the right to modify or supplement this privacy policy, we
will provide notice to you on this Web site of any major material changes and
those changes are effective upon posting unless otherwise noted.
LAST
CHANGED: March 10, 2011
A.
TERMS APPLICABLE TO ALL USERS
YOUR USE OF THIS WEB SITE IS
EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Web Site, your use of the Web Site
will be deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Web Site, your use of the Web Site
shall be subject to (i) certain designated terms
(found at Section B below) in addition to those terms applicable to all users
and (ii) shall be further conditioned on your clicking the "I AGREE TO
THE TERMS OF USE" button at the end of these Terms of Use.
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST
IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.
You may print a copy of these Terms of Use for your records at any time by
using the "print" function on your internet browser.
These Terms of Use ("Legal Terms") describe the terms and
conditions applicable to your access and use of this web site, which is
owned, operated and controlled by Barrier Communications Corporation ("BarrierFree(sm)",
"we", "us", or "our"). Barrier Communications
Corporation does business as BarrierFree(sm).
BarrierFree(sm) may, at any time, for any reason and without notice, make
changes to (i) this Web Site, including its look,
feel, format, and content, as well as (ii) the products and/or services as
described in this Web Site. Any modifications will take effect when posted to
the Web Site. Therefore, each time you access the Web Site, you need to
review the Legal Terms upon which access and use of this Web Site is
conditioned. By your continuing use of the Web Site after changes are posted,
you will be deemed to have accepted such changes.
This web site ("Web Site") is directed to those individuals and
entities located in the United States. It is not directed to any person or
entity in any jurisdiction where (by reason of nationality, residence,
citizenship or otherwise) the publication or availability of the Web Site and
its content, including its products and services, are unavailable or
otherwise contrary to local laws or regulations. If this applies to you, you
are not authorized to access or use any of the information on this Web Site. BarrierFree(sm)
makes no representation that the information, opinions, advice or other
content on the Web Site (collectively, "Content") is appropriate or
that its products and services are available outside of the United States.
Those who choose to access this Web Site from other locations do so at their
own risk and are responsible for compliance with applicable local laws.
Not all of the products and services described on this Web Site are available
in all geographic areas of the United States. You may not be eligible for all
of the insurance products and services described in this Web Site. BarrierFree(sm)
reserves the right to determine all eligibility for such products and
services in its sole discretion.
The Web Site may provide a general description of certain types of insurance
products, coverage and services available through BarrierFree(sm). These
descriptions are not a part of an insurance contract or policy and do not
amend, revise or alter the terms of any policy issued through or services
provided by BarrierFree(sm).
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2. Scope of Use and User E-Mail
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You are only authorized to view,
use, copy for your records and download small portions of the Content
(including without limitation text, graphics, software, audio and video files
and photos) of this Web Site for your informational, non-commercial use,
provided that you leave all the copyright notices, including copyright
management information, or other proprietary notices intact. You may not
store, modify, reproduce, transmit, reverse engineer or distribute a
significant portion of the Content on this Web Site, or the design or layout
of the Web Site or individual sections of it, in any form or media. The
systematic retrieval of data from the Web Site is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the
risk of interception by third parties. Please consider this fact before
e-mailing any information. Also, please consult our Internet privacy
statement at Section 4 in these Legal Terms. You agree not to submit or
transmit any e-mails or materials through the Web Site that (i) are defamatory, threatening, obscene or harassing,
(ii) contain a virus, worm, Trojan horse or any other harmful component,
(iii) incorporate copyrighted or other proprietary material of any third
party without that party's permission or (iv) otherwise violate any
applicable laws. BarrierFree(sm) shall not be subject to any obligations of
confidentiality regarding any information or materials that you submit online
except as specified in these Legal Terms, or as set forth in any additional
terms and conditions relating to specific products or services, or as
otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any
information, software or other material available through the Web Site
without the prior written consent of BarrierFree(sm) is strictly prohibited.
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3. Copyrights and Trademarks; Digital Millennium Copyright
Act Take-Down Procedure
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The Web Site is protected by
copyright as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions and other laws. Unless otherwise indicated,
the Content, including, but not limited to, graphic images, buttons, layout,
trademarks, service marks, logos, text, and other materials contained in this
Web Site are the exclusive property of BarrierFree(sm) or its third party
licensors; except as otherwise set forth in the following paragraphs of this
Section 3. Except as expressly provided under the "Scope of Use"
Section above, you may not use, reproduce, modify, transmit, distribute, or
publicly display or operate this Web Site without the prior written
permission of BarrierFree(sm). You may not use a part of this Web Site on any
other web site, without BarrierFree(sm)'s prior written consent.
For some of our users who are registered with barrierfree.us,
we provide "bulletin board-type" services, where users are able to post
messages or other materials that will be accessible only to other registered
users of their choice. Because we provide these services, BarrierFree(sm)
takes special precautions to respect the intellectual property of others and
we ask that our users do the same. If you believe that the Web Site displays
copyrighted material that infringes on your legal rights, and you want us to
take down or disable the infringing materials, please provide BarrierFree(sm)'s
copyright agent with the information listed below, which is intended to
substantially conform to the requirements set forth in the Digital Millennium
Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
Our Designated Agent for Notice of claims of copyright infringement on the
Web Site is accessible through Email at: info@barriercom.net. The following
information must be submitted so that we may properly address any notice of
complaint:
Identification of the copyrighted work claimed to be infringed.
Identification of the material claimed to be infringing together with
"information reasonably sufficient to permit the service provider to
locate the material." Specifically, a complete URL or URLs in the case
of multiple works must be provided.
Your address, telephone number, and email address.
A statement that the complaining party believes, in good faith, that the
copyrighted material identified is being used in a manner that is not
authorized by "the copyright owner, its agent, or the law."
A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed; plus a
physical or electronic signature of the complaining party.
Any notification that fails to comply with the provisions above may not, in
our sole discretion, be considered sufficient notice and may not be deemed to
confer upon BarrierFree(sm) actual knowledge of facts or circumstances from
which infringing material or acts are evident.
Internet Privacy Statement
The nature of our business requires a relationship of respect with the
users of the Web Site. As with other companies that maintain Internet sites,
we want you to know about our Internet privacy practices. The following
statement sets forth our current practices and applies to www.barrierfree.us
and any other sites that are owned, operated and controlled by BarrierFree(sm)
in the United States. Apart from this statement, however, if you are a BarrierFree(sm)
subscriber entitled by law or regulation to a notice about our privacy policy
and our use of any information, then that privacy policy is provided in
connection with the service plan. The privacy policy notice included with any
service plan is separate and in addition to this Internet privacy statement.
Changes to this Internet privacy statement may be made at any time, as
described in Section 1 of these Legal Terms.
Also Please see our Privacy Policy for additional terms, information,
and conditions.
Our Use of Personal and Non-Personal Information
We collect two kinds of information about our Web Site users: personal
and non-personal information. Personal information is information that can
identify an individual personally, such as name, address or policy
information. We collect personal information only when it is voluntarily
offered and solely for purposes that are clearly identified on the Web Site.
For example, if you choose to register with barrierfree.us,
the information that is collected online is used only to facilitate your
requests, process any transactions you might initiate, or update your account
information.
Non-personal information is collected to track the total number of
guests visiting our Web Site at barrierfree.us and
to guide our efforts to improve the Web Site. To achieve these improvements,
the Web Site , like many web sites, use "cookies" (a small text
file placed on the user's hard drive) to facilitate site navigation, maintain
quality of online service, provide additional security, and allow the
customization of your access to the Web Site. Cookies themselves do not
enable us to access any personal information about our users; however, they
do allow us to analyze use of the Web Site. The "cookies"
automatically collect information about your computer hardware and software,
which can include browser type, access times and Internet Protocol (IP) address.
The Web Site does not use "cookies" to collect Non-public Personal
information for distribution to third parties for any purpose, nor does it
use "cookies" to secure information from other web sites you may
visit.
We may personalize your user experience by using information about
your interests to recommend other services or sites that might be of interest
to you; we may also monitor user traffic patterns and site usage to help
provide enhancements to its services; we may use the information it collects
to notify you about new services or special offers. Further, by providing
information or materials to this Web Site, you grant to BarrierFree(sm) an
unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce,
display, publicly perform, and transmit such information and materials for
any purpose, including without limitation, disclosing any such information
and materials as necessary to satisfy any law, regulation, or governmental
request, except as may otherwise be restricted by these Legal Terms. Without
limiting the generality of the previous sentence, we reserve the right, in
connection with (i) a request or investigation by
any governmental body or governmental agency, or (ii) our efforts to
investigate, prevent or take other action regarding illegal activities,
suspected fraud, potential threats to public safety, material violations of
these Legal Terms, and pursuant to law, to reveal any information collected
through this Web Site regarding users of our services.
BarrierFree(sm) offers links to other web sites operated by other
entities as a convenience to you in the belief that making hyperlinks
available to publicly accessible web pages and newsgroups is legally
permissible and consistent with the common, customary expectations of those
who make use of the Internet. BarrierFree(sm) makes no representation
regarding the content or accuracy of any web site that you may access through
this Web Site. BarrierFree(sm) does not monitor and is not responsible for
the content found on other web sites that are linked from this Web Site.
Inclusion of these links on BarrierFree(sm)'s Web Site does not imply
endorsement, recommendation or sponsorship for any linked web site or the
services, products or advice described on the site. Accordingly, BarrierFree(sm)
assumes no responsibility or liability for the content of any linked sites.
Before entering any linked site, you should review and understand that site's
privacy policy.
You may not link to this Web Site without BarrierFree(sm)'s written
permission. If you are interested in linking to this Web Site, please contact
webmaster@barriercom.net.
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THE WEB SITE, AND ANY CONTENT,
ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT, ALL OF WHICH BARRIERFREE(SM) EXPRESSLY DISCLAIMS. BARRIERFREE(SM)
DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS,
CURRENCY, OR RELIABILITY OF THE CONTENT, AND BARRIERFREE(SM) WILL NOT BE LIABLE
OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEB SITE OR
ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEB SITE. BARRIERFREE(SM) MAKES NO REPRESENTATIONS OR
WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE
RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEB SITE AND
USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY
CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY
OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY BARRIERFREE(SM). SOME
STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION.
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7.
Governing Law, Locations and Miscellaneous
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These Legal Terms shall be governed in all respects
by the laws of the State of New York USA, without reference to its choice of
law rules. If an applicable law is in conflict with any part of the Legal
Terms, the Legal Terms will be deemed modified to conform to the law. The other
provisions will not be affected by any such modification.
The Web Site is operated by Barrier Communications
Corporation on behalf of the member companies of BarrierFree(sm) (identified
below in Section 8), from its offices in New York, NY USA.
BarrierFree(sm) may terminate the right of any user to access the Web Site at
any time, with or without cause, in BarrierFree(sm)'s absolute discretion and
without notice. Any statement in the Legal Terms or elsewhere on the Web Site
of specific grounds for termination of a user's right to access the Web Site
shall in no manner limit BarrierFree(sm)'s absolute right to terminate any
user's access to the Web Site.
You may have other agreements with BarrierFree(sm). Those agreements are
separate and in addition to these Legal Terms. These Legal Terms do not modify,
revise or amend the terms of any other agreements you may have with BarrierFree(sm),
or with any other company within the BarrierFree(sm).
B.
ADDITIONAL TERMS APPLICABLE ONLY TO
REGISTERED USERS
You represent that you are a United
States resident.
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11. No Professional Advice
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The information available on the Web
Site is intended to be a general information resource regarding the matters
covered, and is not tailored to your specific circumstance. It is not offered
as legal, accounting or other professional advice. This Web Site is not
intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND
ADVICE AVAILABLE ON THIS WEB SITE AND CONSULT A SPECIALIST, OR OTHER ADVISOR,
AS APPROPRIATE.
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12. Registration and Security
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You are responsible for maintaining the
confidentiality of your user name and password. You may not share your password
with or transfer your password to any third party. You are responsible for all
uses of your user name and password, and any and all related charges, whether
or not authorized by you. You agree to immediately notify BarrierFree(sm) of any unauthorized use of your password or user name or any other
breach of security. Until BarrierFree(sm) is properly notified of a breach of security by either e-mail notice
at support@barriercom.net or written notice by U.S. mail addressed to Barrier
Communications Corporation, 245 Park Avenue, 24th Floor, New York,
NY 10167, Attn: Corporate Law
Department, you will remain responsible for any unauthorized use of the Web
Site occurring under your user name and password. You will not violate, or
assist in violating, the security of the Web Site, whether intentionally,
negligently or otherwise. You will not attempt to utilize another user's
account, user name, password, or persona without authorization from that user.
For purposes of identification, billing and
marketing, you agree to provide BarrierFree(sm) with accurate, complete, and updated information required by
registration to our service ("Registration Data"), including your
legal name, address, telephone number(s), e-mail and, where required,
applicable payment data (e.g., credit card number and expiration date). BarrierFree(sm) reserves the right to verify the accuracy of all Registration Data.
You agree to promptly notify us of any change in your Registration Data.
Failure to comply with this provision may result in immediate suspension or
termination of your right to use the Web Site.
Except
as regarding any action seeking equitable relief, including without limitation
for the purpose of protecting any BarrierFree(sm) confidential information
and/or intellectual property rights, any controversy or claim arising out of or
relating to these Legal Terms or this Web Site shall be settled by binding
arbitration in accordance with the commercial arbitration rules, in effect at
the time the proceedings begin, of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be held in New York, NY USA.
All information relating to or disclosed by any party in connection with the
arbitration of any disputes hereunder shall be treated by the parties, their
representatives, and the arbitrator as proprietary business information. Such
information shall not be disclosed by any party or their respective
representatives without the prior written authorization of the party furnishing
such information. Such information shall not be disclosed by the arbitrator
without the prior written authorization of all parties. Each party shall bear
the burden of its own counsel fees incurred in connection with any arbitration
proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court
having jurisdiction over the parties or their assets or application of
enforcement, as the case may be. Any award by the arbitrator shall be the sole
and exclusive remedy of the parties. The parties hereby waive all rights to
judicial review of the arbitrator's decision and any award contained therein.
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14. Limitation of Liability
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YOUR USE OF THE CONTENT IS AT YOUR
OWN RISK. WE SPECIFICALLY DISCLAIMS ANY
LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR
SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF
OR RELIANCE ON THE CONTENT (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR
DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS
TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE,
ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR
UNAUTHORIZED ACCESS TO THE WEB SITE OR THE CONTENT. THIS LIMITATION OF
LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES
OFFERED BY US. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Last update of this
page: March 10, 2011
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