Terms of Use

Ownership of Site

These Terms and Conditions of Use apply to the Specialty Program Solutions web site located at www.spsins.com, and all associated sites linked towww.spsins.com by Specialty Program Solutions, its subsidiaries and affiliates.  The site is property of Specialty Program Solutions.

Terms of Use

By using this site, you agree to these terms of use; if you do not agree, do not use the site.  We reserve the right to change, modify, and or remove portions of these Terms of Use, at any time.  Your continued use of the Site following the posting of changes means you accept and agree to the changes.  As long as you comply with these Terms of Use, you are granted personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

Content

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, and arrangement of such Content, contained on the site is owned, controlled or licensed by Specialty Program Solutions, and is protected by copyright, patent and trademark laws.  Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way for any purpose without the express prior written consent of Specialty Program Solutions.

Your Use of the Site

You may not use any page scrape, robot, spider or other device, program or methodology or any similar manual process to access, acquire, copy or monitor any portion of the Site or any Content.  You may not attempt to gain unauthorized access to any portion or feature of the Site.  You may not probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site.  You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use.

Privacy

By using the Site, you agree that Internet transmissions are never completely private or secure.

Indemnity

You agree to indemnify and hold Specialty Program Solutions, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Specialty Program Solutions by any third party due to or arising out of or in connection with your use of the Site.

Limitation of Liability

To the extent permitted by law, Specialty Program Solutions disclaims liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages) in any way arising from the functionality or operation of this web site (including, but not limited to, damages arising from interruptions of service or delay in operation or transmission), even if Specialty Program Solutions is expressly advised of the possibility of such damages.

Violation of These Terms of Use

You agree that Specialty Program Solutions may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Specialty Program Solutions, for which monetary damages would be inadequate, and you consent to any injunctive or equitable relief that Specialty Program Solutions deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Specialty Program Solutions may have at law or in equity.

If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Summit County, Utah, and waive any objection to such jurisdiction or venue.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.