Terms of Use

ACCEPTANCE OF TERMS

This web site (the “Web Site”) is owned and maintained by Distinguished Programs Group LLC or one or more of its affiliates ("Distinguished"). Distinguished includes insurance agencies which are affiliates that are licensed or otherwise approved to transact insurance business located in various jurisdictions in the United States. Our insurance affiliates conduct business under the Distinguished Programs and DP Express brand. The Web Site provides users with access to an online collection of information and materials, including text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, "Content"). The Web Site is intended for use only by users who are at least 18 years of age.

PLEASE NOTE:

The Terms of Use constitute a valid and binding contract. Your access to and use of the Web Site are subject to these Terms of Use, as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these terms or conditions, you are not authorized to access or otherwise use the Web Site or any information or Content contained on the Web Site. Your access to and use of the Web Site constitute your acceptance of and agreement to abide by each of the terms and conditions set forth below. The Terms of Use may be changed, modified, supplemented, or updated by Distinguished from time to time without advance notice. Unless otherwise indicated, any new Content added to the Web Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Web Site periodically for updates and changes.

Limited License and Site Access

Distinguished hereby grants you a limited license to access and make personal use of the Web Site, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Distinguished. This license does not include any resale or commercial use of the Web Site or its Contents and does not authorize any collection or use of any product listings, descriptions, or prices. The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Distinguished. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Distinguished without Distinguished’s express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of the Distinguished or DP Express name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the permission or license granted by Distinguished.

Availability of Products and Services

EXCEPT AS SPECIFICALLY OTHERWISE STATED, THIS WEB SITE PRESENTS GENERAL INFORMATION REGARDING OPERATING AFFILIATES WITHIN DISTINGUISHED AND IS NOT INTENDED AND DOES NOT CONTAIN A COMPLETE DESCRIPTION OF ANY PRODUCT OR SERVICES WHICH MAY BE OFFERED FOR SALE BY ANY COMPANY OR AGENCY IN THE GROUP. NO PRODUCT OR SERVICE IS OFFERED OR WILL BE SOLD BY DISTINGUISHED OR ANY OPERATING AFFILIATE OF DISTINGUISHED OR, IF SOLD BY DISTINGUISHED OR ANY OPERATING AFFILIATE OF DISTINGUISHED, WILL BE EFFECTIVE IN ANY JURISDICTION IN WHICH SUCH OFFER OR SOLICITATION, PURCHASE OR SALE WOULD BE UNLAWFUL UNDER THE INSURANCE OR OTHER LAWS OF SUCH JURISDICTION.

Due to various insurance and other regulatory restrictions, certain products and services described on the Web Site are not available to all users. Not all insurance coverages or products are available in all jurisdictions, and all coverages and products are subject to meeting the applicable company’s underwriting requirements. All materials on the Web Site are presented solely for the purpose of providing insurance information and quotes in states in which the applicable entity is authorized to do business.

The Web Site may provide certain summary descriptions or other helpful information regarding products and services. The operating affiliates of Distinguished attempt to be as accurate as possible; however, any such materials are intended to generally describe the products and services and are subject in all respects to the specific terms and conditions of the actual policy or product/service agreement to which they refer. Complete policy terms are available upon request. Potential insured should contact a retail producer, broker, wholesaler, or insurance intermediary for complete information regarding the terms and details of our insurance products. Generally, our operating insurance companies and agencies do not offer or solicit business except through licensed producing agents, brokers, wholesalers, or insurance intermediaries, as applicable. Should you purchase a Distinguished product either directly from a Distinguished affiliate or a third party, the insurance policy will govern that transaction, and your use of the Web Site does not affect the terms of that policy in any manner. In situations where the Web Site information differs from the insurance policy, the insurance policy shall control.

Companies and agencies listed on the Web Site which are not the issuers of the policy as shown on the Declarations Page of the policy have no financial responsibility for the products written or liabilities incurred by the company or agency issuing the product. Registration and Passwords: Distinguished encourages you to register for an account in order to take full advantage of the information available on the Web Site. We store information for future use in accordance with our Web Site Privacy Policy Statement. We may use the information you, your customer, applicants, or our policyholders provide to electronically send information. In consideration of your use of the Web Site as a registered user, you agree to:

Provide true, accurate, current, and complete information about yourself or your customer, as applicable;

Maintain and promptly update the registration information to keep it true, accurate, current and complete; and

Upload and transmit only Material that is true, accurate, current, and complete.

If you or your customer provides any information that is untrue, inaccurate, not current, or incomplete, or Distinguished has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Distinguished has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site or any portion thereof.

When you sign up for an account, you will be sent a random password generated by Distinguished. You will also be asked to select a “challenge” question and to provide an answer. If you forget your password, Distinguished will request that you answer the “challenge” question; however, to keep your information secure, Distinguished cannot provide you with your password. When the “challenge” question is correctly answered, you will be sent a new random password generated by Distinguished. Your password is your responsibility and you must protect the confidentiality of both your password and account. You are responsible for all orders placed or business conducted using your password.

By accepting these Terms of Use, you agree to each of the following:

Change your initial login password to a personal password immediately upon initial login to your account.

Change any subsequent reset login password to a personal password immediately upon subsequent login to your account.

Not give out your password to any other person. Distinguished may rely on your password to identify you when providing services to you.

Never leave your personal computer unattended while using the Web Site.

Always log off the system after using the Web Site.

Notify Distinguished immediately if you suspect that your password has become known to any unauthorized person.

Notify Distinguished immediately of any unauthorized use of your account or any other breach of security of which you become aware at info@distinguished.com

Distinguished will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Distinguished or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Copyright: Except as otherwise expressly stated, all Content appearing on the Web Site is the copyrighted work of Distinguished, or third party content suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is also the exclusive property of Distinguished and is protected by U.S. and international copyright laws.

You may download information from the Web Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, scrape, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Distinguished or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Distinguished. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither Distinguished nor its affiliates warrant or represent that your use of Content or any other materials displayed on the Web Site will not infringe rights of third parties.

If you believe that any Content on the Web Site violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at info@distinguished.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Trademarks and Service Marks

The names, logos, taglines, and other marks identifying any Distinguished products or services are proprietary marks of Distinguished. The domain name for the Web Site, the Distinguished and DP Express logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Distinguished. All other trademarks, service marks, trade dress, product names, company names, or logos, whether registered or not, on the Web Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Web Site without the prior written authorization of Distinguished.

Ownership of Information Submitted

With the exception of protected personal information which you submit (which shall be maintained in accordance with our Privacy Statement), any information you transmit via the Web Site, whether by direct entry, submission, electronic mail, or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Distinguished. Such information may be used for any purpose including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Distinguished shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send whether via the Web Site or by any other means for any purpose whatsoever including, but not limited to, developing and marketing products using such information.

Connection Requirements

You are responsible for providing and maintaining, at your own risk, option, and expense, any hardware, software, and communication lines required to access and use the Web Site, and Distinguished reserves the right to change the access configuration of the Web Site at any time without notice.

Use/Prohibited Use

Any use or attempted use of the Web Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party's use and enjoyment of the Web Site, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means, or (v) to access systems, data, or information not intended by Distinguished to be made accessible to a user, (vi) to attempt to obtain any materials or information through any means not intentionally made available by Distinguished, and (vii) for any purpose other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Web Site, you warrant that you:

Will not upload or transmit any message, information, data, text, software, or images or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

Upload or transmit only Material that is true, accurate, current, and complete;

Have full authority to enter into the agreements set out or displayed on the Web Site and to transmit the Material;

Will not create a false identity for the purpose of misleading others or impersonate any person or entity including, but not limited to, any Distinguished representative, or falsely state or otherwise misrepresent your affiliation with a person or entity including Distinguished;

Will not upload or transmit any Material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or intellectual property laws);

Will not upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

Will not modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including Content) appearing on the Web Site;

Will not copy, transmit, reproduce, modify, create derivative works of, distribute, or in any way exploit any information, Content, component, or other material obtained through the Web Site (other than as expressly permitted by these Terms of Use);

Will not violate, attempt to violate, or assist, intentionally, negligently, or otherwise, in any violation of the confidentiality or security of any information provided to Distinguished by other Web Site users;

Will not use any data mining, scraper, robot, spider, or similar data gathering and extraction tool, or manual process, to monitor or copy the Web Site pages or the Content contained therein without the prior, express written permission of Distinguished;

Will not violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance including, without limitation, regulations promulgated by or the rules of any national or other securities exchange;

Will not use the Web Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

Will not upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, commercial or otherwise;

Will not delete or revise any Material posted by any other person or entity; or

Will not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any product or service if you are not expressly authorized by such party to do so.

Distinguished reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing including, but not limited to, the suspension or termination of your access and/or account. Upon termination, you must immediately leave the Web Site and destroy any downloaded or printed materials. Distinguished may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement, Distinguished reserves the right at all times to disclose any information as Distinguished deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or Materials, in whole or in part, in Distinguished’s sole discretion.

Distinguished is not bound by transactions resulting from Material that you provide that is untrue, inaccurate, not current, incomplete, or fraudulent.

Right to Monitor

Distinguished neither actively monitors general use of the Web Site under normal circumstances nor exercises editorial control over the content of any third party's web site, electronic mail transmission, news group, or other material created or accessible over or through the Web Site. However, Distinguished does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Distinguished’s sole discretion, may be illegal, may subject Distinguished to liability, may violate these Terms of Use or are, in the sole discretion of Distinguished, inconsistent with Distinguished’s purpose for the Web Site. Furthermore, Distinguished reserves the right to expel users and prevent their further access to the Web Site for violating these Terms of Use.

Hyperlinks to Third Party Web Sites

The Web Site may contain hyperlinks to other sites and content owned and operated by parties other than Distinguished. Such hyperlinks and content are provided only for reference and ease of use. We do not control such web sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event the Web Site provides hyperlinks to or content from other web sites that are not owned, operated, or maintained by Distinguished, you acknowledge and agree that Distinguished is neither responsible for nor liable for the content, products, services, or other materials on or available from such web sites. We accept no liability for any information, products, advertisements, content, services, or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Any such web sites are likely to set forth specific terms of use and privacy policies that you should review. Distinguished is under no obligation to maintain any link on the Web Site and may remove a link at any time in its sole discretion for any reason whatsoever. Distinguished is neither responsible nor liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such web site. Distinguished is not responsible for the privacy practices of any other web sites

No Distinguished Editorial Control of Third Party Content; No Statement as to Accuracy

To the extent that any of the Content included in the Web Site is provided by third party content providers, Distinguished has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services, or other information expressed or made available by third party suppliers on the Web Site are those of such third party suppliers. Distinguished does not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Web Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Distinguished. You acknowledge that any reliance on material posted by other users will be at your own risk. Statements posted on the Web Site by other users shall not be attributable to Distinguished, nor shall Distinguished have any liability or responsibility in connection with such postings

Modification to Content

Distinguished may, at its discretion, modify or discontinue any of the Content, or any portion thereof, with or without notice. Distinguished will not be liable to you or any third party for any modification or discontinuance of any of the Content.

Disclaimer and Limitation of Liability

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND DISTINGUISHED EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DISTINGUISHED MAKES NO WARRANTY THAT THE WEB SITE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT NEITHER DISTINGUISHED NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF DISTINGUISHED OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS, OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, THE STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE DISTINGUISHED OR ANY OF ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO 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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Electronic Communications

When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and you specifically waive any statutory, contractual, or other right to receive communications or notices from us to the extent allowable by law. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and delivered. You have the right to withdraw your consent to receive communications from us electronically, but if you withdraw such consent we will no longer be able to process transactions for you.

Indemnity

You agree to indemnify and hold harmless Distinguished, and each of its affiliates and their directors, officers, employees, agents, licensors, attorneys, independent contractors, and providers (collectively, the "Distinguished Indemnitees") from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys' fees and costs, incurred by the Distinguished Indemnitees arising out of (i) any claim by a third party relating to the posting, distribution, modification, or alteration by you of any Content, or (ii) your use of the Web Site or any sites linked to the Web Site, including those based on negligence of the Distinguished Indemnitees.

Web Site Privacy Statement

Our Web Site Privacy Statement describes the details of Distinguished’s information practices and procedures for protected personal information we collect at the Web Site, and is incorporated herein by this reference. We urge you to read our Web Site Privacy Statement.

Security

Distinguished takes appropriate technical and organizational measures against unauthorized or unlawful processing of certain personal information and against accidental loss or destruction of, or damage to, such protected personal information. The Internet is an open network that is not secure, and there is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. In addition, there is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. As no Internet-connected computer system can be made absolutely secure from intrusion, Distinguished cannot and does not guarantee that information displayed on the Web Site has not been modified by others without authorization or that information communicated by you to us will be received or that it will not be altered before or after its transmission. Please see the Privacy Statement page of the Web Site.

General

Enire Agreement - These Terms of Use, the Submission Agreement, the Privacy Statement, and other policies Distinguished may post on the Web Site constitute the entire agreement between Distinguished and you in connection with your use of the Web Site and the Content and supersedes any prior agreements between Distinguished and you regarding use of the Web Site, including prior versions of these Terms of Use. Distinguished may update these Terms of Use from time to time by posting revised Terms of Use on the Web Site, without notice to you, and your subsequent use of the Web Site indicates your acceptance of and is governed by those new Terms of Use. These Terms of Use are effective until terminated or updated by Distinguished, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms of Use will survive. These Terms of Use will be deemed to include all other notices, policies, disclaimers, and other terms contained in the Web Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will control.

Severability - To the maximum extent possible, each of the disclaimers and each of the provisions of the Terms of Use shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.

No Waiver - No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing Law - The Terms of Use are governed by the laws of the State of New York, USA and controlling United States Federal Law without regard to any principles of conflicts of law. Distinguished and you each consent to the exclusive jurisdiction of the state and federal courts having jurisdiction in New York County, New York.

Remedies - You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contacting Us

If you have any questions about these Terms of Use, please write to Distinguished at info@distinguished.com.

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