WEBSITE DISCLAIMER AND LIMITATION OF ALL
LIABLITY
WWW.BESNARDINSURANCE.COM
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BESNARD INSURANCE WEBSITE AND ALL CONTENT
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BESNARD
INSURANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND ALL CONTENT
AND YOUR USE THEREOF. BESNARD INSURANCE MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS CONTENT AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THIS CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR CONTENT AND/OR THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT OR OTHERWISE MADE AVAILABLE VIA BESNARD INSURANCE. BESNARD INSURANCE
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BESNARD INSURANCE
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND BESNARD INSURANCE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY
MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL BESNARD
INSURANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BESNARD INSURANCE
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE
THAT BESNARD INSURANCE SHALL NOT BE LIABLE FOR ANY INSURANCE CLAIMS AND ANY
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend,
indemnify and hold harmless Besnard Insurance, its parent corporation, officers,
directors,
employees and agents, from
and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your use of and
access to the Besnard
Insurance Website; (ii) your violation of any term of these Terms of Service;
(iii) your
violation of any third
party right, including without limitation any copyright, property, or privacy
right; or
(iv) any claim that one of your User Submissions caused damage to
a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the Besnard
Insurance Website.
No warranties
This website is provided “as is” without any
representations or warranties, express or implied. Besnard & Associates Insurance makes
no representations or warranties in relation to this website or the information
and materials provided on this website.
Without prejudice to the generality of the foregoing
paragraph, .
Besnard & Associates Insurance does not warrant
that:
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this
website will be constantly available, or available at all;
or
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the
information on this website is complete, true, accurate or
non-misleading.
Nothing on this website constitutes, or is meant to
constitute, advice of any kind. [If
you require advice in relation to any [legal, financial or medical] matter you
should consult an appropriate professional.]
Limitations of liability
Besnard & Associates Insurance will not be liable to
you (whether under the law of contact, the law of torts or otherwise) in
relation to the contents of, or use of, or otherwise in connection with, this
website:
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[to the
extent that the website is provided free-of-charge, for any direct
loss;]
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for any
indirect, special or consequential loss; or
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for any
business losses, loss of revenue, income, profits or anticipated savings, loss
of contracts or business relationships, loss of reputation or goodwill, or loss
or corruption of information or data.
These limitations of liability apply even if Besnard
& Associates Insurance has been expressly advised of the potential
loss.
Exceptions
Nothing in this website disclaimer will exclude or limit
any warranty implied by law that it would be unlawful to exclude or limit; and
nothing in this website disclaimer will exclude or limit Besnard &
Associates Insurance liability in respect of any:
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death or
personal injury caused by Besnard & Associates Insurance
negligence;
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fraud or
fraudulent misrepresentation on the part of Besnard & Associates Insurance;
or
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matter which it would be illegal or unlawful for Besnard &
Associates Insurance to exclude or limit, or to attempt or purport to exclude or
limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and
limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use
this website.
Other parties
[You
accept that, as a limited liability entity, Besnard & Associates Insurance
has an interest in limiting the personal liability of its officers and
employees. You agree that you will
not bring any claim personally against Besnard & Associates Insurance officers
or employees in respect of any losses you suffer in connection with the
website.]
[Without prejudice to the foregoing paragraph,] you agree
that the limitations of warranties and liability set out in this website
disclaimer will protect Besnard & Associates Insurance officers, employees,
agents, subsidiaries, successors, assigns and sub-contractors as well as Besnard
& Associates Insurance.
Last Updated 06/22/2009