This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability. You acknowledge that this agreement is supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. You acknowledge that the consideration includes, but is not limited to, your ability to visit and/or submit information to this Website.
Your Responsibilities and Representations
Request for Quotes
The Website may give you the opportunity to request to be matched with and receive quotes or offers from Service Providers (a “Match Request”). Portions of the Website providing this opportunity (the “Match Request Areas”) are only available to residents of the United States, and may not be available in all states.
Third Party Links
There may be provided on the Website links to other internet sites belonging to County Hall Insurance Inc’s advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by County Hall Insurance Inc of those internet sites, nor the products or services listed on those internet sites. County Hall Insurance Inc. is not responsible for the activities or policies of those internet sites. County Hall Insurance Inc. does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. County Hall Insurance Inc does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Website are the best terms or lowest rates available in the market.
Website Content County Hall Insurance Inc. Makes No Representations or Warranties Regarding the Content
Limitations on County Hall Insurance Inc’s Liability
County Hall Insurance Inc shall in no event be responsible or liable to you or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Website; (iii) your DELAY IN ACCESSING OR inability to access or use the Website for any reason; (iv) your downloading of any of the content or the collective work for your use; (v) your reliance upon or use of the content or the collective work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH the Website, OR OTHERWISE ARISING OUT OF THE USE OF the Website, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COUNTY HALL INSURANCE Inc AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. COUNTY HALL INSURANCE Inc LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT COUNTY HALL INSURANCE Inc SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
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.
Your Indemnification of County Hall Insurance Inc
You shall defend, indemnify and hold harmless County Hall Insurance Inc. and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by County Hall Insurance Inc (iii) your access or use of the Website; (iv) access or use of the Website under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
Amendments of this Agreement
County Hall Insurance Inc. reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon County Hall Insurance Inc. posting the updated Agreement on the Website. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Website following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Charleston, South Carolina, or the United States District Court, District of South Carolina. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Website shall be deemed solely based in the State of North Carolina; and (ii) the Website shall be deemed a passive internet site that does not give rise to personal jurisdiction over County Hall Insurance Inc, its affiliates and assigns, either specific or general, in jurisdictions other than the State of South Carolina.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of North Carolina, without regard for principles of conflicts of laws.
Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Charleston County, South Carolina.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using the Website you consent to these restrictions.
You and County Hall Insurance Inc shall select the arbitrator, and if you and County Hall Insurance Inc are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and County Hall Insurance Inc. and your and County Hall Insurance Inc respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or County Hall Insurance Inc be entitled to punitive, special, indirect or consequential damages and both you and County Hall Insurance Inc hereby waive your and County Hall Insurance Inc respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and County Hall Insurance Inc, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Charleston County, South Carolina.
Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the NPR Services, please provide the following information in writing to our Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
If you believe that any content or materials you posted, uploaded or submitted to our services, that were subsequently removed from the our services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):