ACCEPTANCE OF THE WEBSITE TERMS AND CONDITIONS
These website terms and conditions constitute a legal agreement and are entered into by and between you and Douglas Cost Guides Inc. (“Douglas Cost Guide”). These website terms and conditions, together with any documents and additional terms they expressly incorporate by reference (collectively, the “Terms and Conditions”) govern your access to and use, including any content, functionality and Services offered on or through [https://www.douglascostguide.com/] (the “Site“). If you have not already done so, please take some time to familiarize yourself with these Terms and Conditions.
DISCLAIMER OF WARRANTIES
You understand and agree that your use of the Site, its content, and any Services or items found or attained through the Site is at your own risk. Douglas Cost Guide assumes no obligation to update the information or advise on further developments concerning topics mentioned or addressed on the Site. Access to the Site, its contents, and any Services or items found or attained through the Site are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. You should not assume that the Site will operate without interruption or error.
None of Douglas Cost Guide or any affiliate of Douglas Cost Guide or any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors make any warranty, condition, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Site or its contents. Without limiting the foregoing, none of Douglas Cost Guide or any affiliate of Douglas Cost Guide or any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that that the Site, its content, or any Services or items found or attained through the Site, will be accurate, reliable, error-free, uninterrupted, or that defects will be corrected. It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, Services or other information provided on the Site. The opinions, Services and other information provided on this Site do not constitute, and Douglas Cost Guide is not rendering, legal, accounting or other professional advice, and Douglas Cost Guide disclaims and does not assume any liability whatsoever with respect to such opinions, Services or other information.
LIMITATION OF LIABILITY
Except where such exclusions are prohibited by law, under no circumstance will Douglas Cost Guide or any affiliate of Douglas Cost Guide or any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind or nature, under any legal theory, including direct, indirect, special, incidental, consequential, or punitive damages, including, but limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of reputation, loss of contract, or loss of anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Site, any linked websites or such other third-party websites, nor any Site content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.
Douglas Cost Guide either owns or has acquired the necessary licenses to use all content of the Site (including but limited to the underlying HTML, text, code and images) and all copyright, trademarks, service marks, trade names and/or intellectual rights in that content (“Site Content”).
RESERVED RIGHTS AND GRANT OF LIMITED LICENCE
As a user of the Site, you are granted a limited, revocable, royalty-free, non-sublicensable, non-assignable license to download, view and print the Site Content solely for your lawful commercial use in connection with your use of the Site, provided that you shall be fully responsible for any consequences resulting from such use. Any other use of the Site Content is prohibited. The Site Content may not otherwise be copied, reproduced, republished, altered, adapted, modified, published, translated, defaced, transmitted, distributed, displayed sold, or disseminated in any manner or form without the prior written consent of Douglas Cost Guide. Where the copying or republication of the Site Content provided on this Site is permitted by these Terms and Conditions or by the written consent of Douglas Cost Guide, an acknowledgment of the source must be included whenever such Site Content is copied or republished.
You will not: (1) cover or obscure any banner advertisements on the Site via HTML/CSS, scripting, or any other means; (2) interfere with, disrupt, or create an undue burden on the Site, the networks connected to the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to run and maintain the Site; (3) bypass any measures used to prevent or restrict access to the Site; (4) introduce software or automated agents to the Site, or access the Site so as to generate automated messages, or to strip or mine data from the Site; or (5) interfere with, disrupt, or modify the functionality of the Site.
Douglas Cost Guide will take appropriate legal action to enforce its rights.
TRADEMARKS AND TRADE NAMES
The trademarks and trade names appearing on the Site are owned by or licensed to Douglas Cost Guide. The display of trademarks or trade names on the Site does not convey to you or create any license or other rights in these marks or names in your favour. Any unauthorized use of them by you is strictly prohibited.
PRODUCTS AND SERVICES
No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or Services. Some products or Services mentioned on the Site may only be available in certain provinces or territories.
The information presented on this Site is intended to describe aspects of the business of Douglas Cost Guide and is not intended to be complete and accurate descriptions of all terms, conditions and exclusions of the product and Services. In all cases, the product and Services shall be governed by the terms and conditions of the applicable insurance policy. Products and Services of Douglas Cost Guide are only offered in jurisdictions where they may be lawfully offered for sale. All products and Services are subject to the terms of the applicable agreements and laws that apply. In case of any discrepancy between any such agreement and this Site, the agreement will govern.
Under Canada’s anti-spam legislation (“CASL”), First Acre Insurance is seeking your consent to receive occasional information about Douglas Cost Guide by electronic means, such as email messages. Information may include news, offers, discounts, events and more. If you wish to withdraw your consent, you may do so at any time by using the unsubscribe link at the bottom of any Douglas Cost Guide email.
The Site may contain links to other sites. Douglas Cost Guide does not guarantee that any hyperlink provided on this Site will be accurate at the time of your access. The website pointed at by a hyperlink provided on this Site may be developed and maintained by persons over whom Douglas Cost Guide has no control. Douglas Cost Guide cannot and does not monitor third-party websites, and makes no representations or warranties regarding, and assumes no responsibility for, any websites pointed at by a hyperlink provided on this Site or otherwise referenced on this Site. The inclusion on this Site of a hyperlink to a third-party website is not an endorsement of, and does not constitute our approval of, the website to which the hyperlink points, the relevant third party, or its goods or services. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than Douglas Cost Guide, and Douglas Cost Guide does not assume responsibility for the accuracy or appropriateness of the information contained on such sites. In providing links to other sites, Douglas Cost Guide is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites. A link to another site should not be construed to mean that Douglas Cost Guide is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
Any transactions that take place between you and any third party offering products or services on the site are directly with such third party, and Douglas Cost Guide will not be held responsible for any loss or damage you may incur as a consequence. Douglas Cost Guide is not responsible for the privacy practices and policies and the legal liabilities of other sites to which this site may provide a link. Hyperlinks are provided on this Site solely for your convenience. Accessing a website via a hyperlink provided on this Site is entirely at your own risk.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Douglas Cost Guide, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all losses, claims, liabilities, damages, debts, obligations, judgements, awards, losses, actions, causes of action, costs, expenses fees (including legal fees on a solicitor-client basis) that Douglas Cost Guide may sustain, incur, suffer or be put to at any time or times as a result of a third-party claim or demand that in any way arises out of the use of the Site or out of anything done or omitted to be done by yourself, your servants, employees, agents, trustees, officers, subcontractors, service providers, or members relating directly or indirectly to this Site.
USE OF INFORMATION
You and Douglas Cost Guide may have proprietary and confidential information including but not limited to all unpublished know-how, technical data, techniques, records, algorithms, processes, sketches, documents, prototypes, business plans, software, whether patentable or not, whether they be trade secrets or not and whether they be in written, graphic or oral form, that are now or hereafter owned, licensed or otherwise acquired by a party, its affiliates, its customers, its suppliers and others (collectively, “Confidential Information”).
From time to time during the use of the Site or Services, a party may disclose Confidential Information (“Disclosing Party”) to the other party (“Receiving Party”).
Douglas Cost Guide shall (a) not use the Confidential Information of the Disclosing Party for any purposes other than for the purpose of performing its obligations or exercising its rights under the Terms and Conditions and (b) hold such Confidential Information in confidence and protect such Confidential Information with the same degree of care (but no less than a reasonable degree of care) that Douglas Cost Guide uses to protect its own similar Confidential Information. Notwithstanding the foregoing, the Douglas Cost Guide may disclose Confidential Information of the Disclosing Party: (i) to Douglas Cost Guide directors, officers, personnel, service providers, or legal or business advisors to the extent reasonably necessary to carry out its obligations or exercise its rights under the Terms and Conditions, provided that such directors, officers, employees, or agents have been advised of the confidential nature of such information and are legally bound to maintain such information as confidential as required by the Terms and Conditions or (ii) as is required to be disclosed by Douglas Cost Guide pursuant to a judicial, arbitral, or governmental statute, rule, or order, provided that, to the extent reasonably and commercially practical under the circumstances, Douglas Cost Guide gives the Disclosing Party sufficient notice to permit the Disclosing Party to seek, at the Disclosing Party’s sole cost, a protective order or other opportunity to limit disclosure, and provided that the Receiving Party discloses only such Confidential Information as is required to be disclosed.
Douglas Cost Guide does not warrant that any information, software or other material accessible through this Site or any hyperlink located on the Site is free of viruses, worms, trojan horses or other disruptive, destructive or harmful components. While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
LINKING TO THIS SITE
Except as expressly agreed to in writing by Douglas Cost Guide, any linking to the Site from another website is strictly prohibited. You agree that you will not use or permit anyone else to use any (1) robot, (2)scraper, (3)spider, (4) artificial intelligence, or (5)other automated devices or means, to access or use the Site for any purpose without the prior express written consent of Douglas Cost Guide.
CONFORMANCE WITH LAW
You agree not to impersonate another person in your use of the Site or the sending of any email to an address listed on the Site. This Agreement is applicable only to the business and operations of the Parties carried on in Canada and is not intended to and does not apply in any other country.
CHOICE OF LAW
- present interest-based ads to you;
- present content relevant to your province of residence;
- pre-populate data fields for you if you have previously entered information into that
- data field in the past;
- analyse browsing behaviour to improve our online content
For additional information on Google Analytics please visit: www.google.com/policies/privacy/partners/
All provisions of the Terms and Conditions will be enforced to the fullest extent permitted by law. If, however, any provision of the Terms and Conditions are held to be illegal, invalid, or unenforceable under present or future law, such provision shall be fully severable, and the Terms and Conditions shall be construed and enforced as if such illegal, invalid, or unenforceable provision were never a part of the Terms and Conditions, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance.
Except as otherwise set forth in these Terms and Conditions, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Terms and Conditions, and any rights and licences granted thereunder, may not be transferred or assigned by you, but may be assigned by Douglas Cost Guide without restriction or notice.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions.
CANCELLATION OF SERVICES
You may cancel your Services account at any time through your account or by calling us at 1-877-284-0028 or emailing us at firstname.lastname@example.org.
We may terminate, suspend or refuse to provide Services to you at any time and for any reason, with or without cause, without prior notice to you and without any liability of any nature or further obligation of any kind whatsoever to you or any other party. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.
REPORTING AND CONTACT
This Site is operated by Douglas Cost Guide.
If you have questions or comments or need to provide notice of any kind to Douglas Cost Guide relating to the Site or any content therein, please e-mail us at email@example.com.
ADDITIONAL TERMS AND CONDITIONS –SERVICES
Any quotes provided by the tools contained on this Site are based on the information you have provided. You must provide us with all known facts which are likely to materially influence the appraisal of the risk.
For the purposes of the following additional Terms and Conditions, the following terms will have the following meanings:
“Credentials” means your username, password, and any other identifying factors that you will be required to create in order to access the Services. If you have enabled Touch ID, Face ID or other biometric recognition feature on an electronic device to sign into the Services, your credentials include any fingerprint or other biometric marker stored on such device, and the password to such device.
“Services” means the online services offered by Douglas Cost Guide through https://www.douglascostguide.com/ and any other online service offered to you by Douglas Cost Guide.
USE OF SERVICES
You may use Services only in accordance with these Terms and Conditions. You shall not use the Services for illegal, including fraudulent or defamatory, purposes, or take any steps that could undermine the security or integrity of the Services, or cause harm to, or threaten to harm, any other user of the Services. You authorize Douglas Cost Guide to accept, and agree to be responsible for, any electronic instructions given by you through the Services to the same extent as if you had given signed, written instructions to Douglas Cost Guide. The Services are protected by information security practices that are standard in the financial services industry; however, there is always a risk that your Services session may be compromised due to circumstances beyond our control. By using the Services, you agree to accept this risk.
- The summary information presented in the Services is an estimate of your client’s valuations. This information is not a declaration page, policy, endorsement or otherwise intended to form part of your client’s contract of insurance. Reporting changes of a valuation or any other matter concerning any policy of insurance (or application for the same) to an insurer is not the responsibility of Douglas Cost Guide. In the event of any discrepancy between the information provided in the Services and the insurance policy(ies), the terms of your client’s policy(ies) shall prevail. If you have any questions or require further information, please contact your Business Development Representative.
- You shall advise us promptly of any changes to the email address you provided whenyou registered for the Services.
- The most recent version of your client’s valuation documents will be available online through the Services. We recommend that you save copies of your client’s documents to keep a history of your transactions, and so that you can refer to them later on if needed.
DO NOT SHARE YOUR CREDENTIALS WITH ANYONE. You must keep your Credentials confidential at all times, and take all reasonable precautions to prevent your Credentials from being discovered by, disclosed to, or used by, a third party. Wherever possible, you should avoid accessing the Services through a public computer, or over a public or unsecured network. If you suspect that your Credentials have been discovered by, disclosed to, or used by a third party, you should contact Douglas Cost Guide immediately.
If you have enabled Touch ID, Face ID or any other biometric recognition feature on an electronic device to sign into the Services, you must ensure that only your fingerprints or other biometric markers are stored on such device, and understand that a fingerprint or other biometric marker of another person that is stored on such device can be used to sign into the Services. Accordingly, to prevent any other person from registering their fingerprint or other biometric marker on your electronic device, you must ensure that your electronic device is kept physically secure and protected by a strong passcode and other security features at all times. You understand that any Touch ID, Face ID or other biometric marker authentication is performed by Douglas Cost Guide by interfacing with the relevant feature of your electronic device, and you agree to that process. You acknowledge that the Touch ID, Face ID or other biometric recognition feature of your electronic device is not provided by Douglas Cost Guide, and that Douglas Cost Guide makes no representation or warranty regarding the functionality or security of such feature.