Terms Of Use and Privacy Policy for Nighthawk Insurance Services
Terms of Use These terms of use apply to the entire group of Web sites owned, operated, licensed, or controlled by Nighthawk Insurance Services hereinafter referred to as “Company”. Please read these terms and conditions carefully before using this Web site. By using this Web site or any other site owned, operated, licensed, or controlled by the Company, you signify your assent to these terms of use. If you do not agree to these terms of use, you may not access or otherwise use the site. The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site or any other Company Web site, following the posting of changes to these terms of use, will mean you accept those posted changes.
Information Requests The email that you are sending is not encrypted and there is a risk, however small, that others could view your message. If you do not wish to receive an e-mail response, check ”Call me at the above number” box. Otherwise you imply acceptance of this risk.
Coverage Descriptions and Services The Web pages of the Company may provide a general description of certain types of insurance coverages and services available through the Company. These descriptions are not a part of an insurance contract or policy and do not amend, revise or alter the terms of any policy issued through or services provided by the Company.
How We Use And Protect Customer Information
Our Commitment To You The relationship between Nighthawk Insurance Services and its customers is the most important asset of our business. We strive to maintain your trust and confidence in our company, an essential aspect of which our commitment to protect your personal information to the best of our ability. We believe that you value your privacy, so we will not disclose your personal information to anyone unless it is required by law, at your direction, or is permitted by law and necessary to provide you with our service. We have not and will not sell your personal information to anyone.
The Personal Information That We Collect and Communicate The primary reason that we collect and maintain your personal information is to serve you and administer your customer relationship. The types and categories of information we collect about you includes:
Information we receive from you on application and other forms to open an account or provide investment advice to you such as your name, home address, social security number, and financial information;
Information about your transactions with us such as account activity; and
Information that we may receive from third parties with respect to your account or about your transactions such as trade confirmations from brokerage firms.
In order for us to administer your account we may disclose the personal information that we collect, as described above, in limited instances including but not limited to:
Disclosures as permitted by law to service your account. Examples include providing account information to companies that perform administrative services such as printing and mailing your statements; accountants that prepare your fiduciary tax returns; and brokers that place your trades. These companies shall use this information only for the services for which we hired them and are not permitted to use, reuse or share this information for any other purpose.
Data Monitoring Protection & Privacy The Company is not obligated to monitor any transmission made through its Web pages. However, the Company has the right, but not the obligation, to monitor any transmission made to and from this Web site.
Subject to the terms of any Company Privacy Notice, you agree that:
The Company may reproduce, use, distribute or disclose information transmitted by you to this Web site or collected through your use of this Web site, without limitation, including any ideas, concepts, know-how or techniques contained in the information;
such information shall be deemed to be non-confidential and that your communication may be read or intercepted by others; and
no obligation of any kind shall be attached to such information and that by transmitting information to or by means of the Web site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company.
User Information You certify the Company that you are not a minor, i.e., that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use this Website under supervision of the parent or guardian. For purposes of identification, billing and marketing, you agree to provide the Company with accurate, complete, and updated information required by registration to our service (Registration Data), including your legal name, address, telephone number(s), e-mail and applicable payment data (e.g., credit card number and expiration date). The Company reserves the right to verify the accuracy of all Registration Data. You agree to promptly notify the Company of any change in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Company. If applicable, you are solely responsible for maintaining the confidentiality of your passwords, and agree that the Company will have no obligations with regard thereto. You agree to promptly inform the Company if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your user name or password. Until the Company is properly notified of a breach of security by e-mail notice at gmarch@nighthawkinsurance.com you will remain responsible for any unauthorized use of the Company occurring under your user name and password. You will not violate, or assist in violating, the security of the Company, whether intentionally, negligently or otherwise. You will not attempt to utilize another user's account, user name, password, or persona without authorization from that user.
Use Restrictions You may download and make one (1) copy of insignificant portions of the Content retrieved from this Web site or other downloadable materials displayed on it, provided (a) it is used only for informational purposes, (b) you do not remove, modify, or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Web site, including, but not limited to, materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Web site be stored in any information storage and retrieval system without prior written permission from the Company.
The Content is presented for informational purposes only. THE COMPANY MAKES NO WARRANTY OF ANY KIND AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY, OR AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE COMPANY. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE COMPANY RESTS WITH YOU. All Content contained on any Web page owned, operated, licensed or controlled by the Company is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly make no guarantees and assume no liability whatsoever in connection with its use. Consult your own legal or tax advisor with respect to your personal situation.
Objectionable Information and Materials When accessing or making use of any service provided on the Web pages of the Company you may not:
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national or international law, including without limitation, the U.S. export control laws and regulations;
post or transmit any information or software which contains a virus, worm, trojan horse or other harmful component; restrict or inhibit any other user from using and enjoying the Web site; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through our Web pages for commercial purposes (other than expressly permitted by the provider of such information, software or other material); or
upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained through our Web pages which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, or upload, post, publish, reproduce, transmit or distribute in any way any component of our Web pages themselves or derivative works with respect thereto, except where expressly permitted in writing.
Disclaimer of Liability IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR FOR ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
Web Site Disclaimer Information on this Web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. This Web site does not constitute an offer or contract. Individual products and services may not be available in all states and are subject to applicable regulations. The Company makes no representations whatsoever about other Web sites that you may access through this one. When you access a non-Company Web site, please understand that it is independent from the Company, and that the Company has no control over the content on that Web site. In addition, a link to a non-Company Web site does not mean that the Company endorses or accepts any responsibility for the content, use, or products and services made available through such Web site.
IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE INFORMATION AND DESCRIPTIONS CONTAINED ON THIS WEBSITE ARE NOT INTENDED TO BE COMPLETE DISCRIPTIONS OF ALL TERMS, EXCLUSIONS, AND CONDITIONS APPLICABLE TO EVERY INSURANCE PRODUCT OR SERVICE OFFERED BY THE COMPANY, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATION PURPOSES. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE OR ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, INTERRUPTION, OMISSION, ERROR, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE AND/OR THE SERVICES CONTAINED HEREIN IS AT YOUR SOLE RISK AND THAT NEITHER THE COMPANY NOR ANY OF THEIR SUBSIDIARY ENTITIES, ASSIGNEES, LICENSEES, PURCHASERS, OFFICERS, EMPLOYEES OR AGENTS, OR THEIR SERVICE PROVIDERS, LICENSORS, OR DISTRIBUTORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
THE SITE IS OFFERED 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 WARRANTIES OF SECURITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES ARE DISCLAIMED.
THE COMPANY SHALL NOT HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION, INABILITY TO OPERATE, CONTENT, USAGE OR MALFUNCTION OF THE SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD THE COMPANY, OR ANY OF THEIR SUBSIDIARIES RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH USE OF THE SITE. This Website is hyperlinked to other websites, which are not maintained or controlled by the Company and are not responsible for the content of those websites. The inclusion of any hyperlinks to such websites does not imply approval of or endorsement by the Company of those websites or their content. If a link is not connecting, or has trouble connecting, please contact us immediately to repair and investigate the link.
Software Quality The Company and/or its related, affiliated and subsidiary companies do not warrant that any information, software or other material accessible through one of their Web pages is free of defects, viruses, worms, trojan horses or other harmful components.
Hyperlinks The Company cannot guarantee that the hyperlinks, pointers, or other linking functions set out on the Company sites will be accurate at the time of your access. Moreover, the sites pointed at by hyperlinks are developed and possibly maintained by persons over whom the Company has no control. Such links do not constitute an endorsement of any third party resources or content. We cannot and do not monitor the sites linked to our pages on the Internet. Further, any site pointed at by a hyperlink, even those affiliated with Company, may have privacy policies that are separate or different from the Company’s. Before entering any such hyperlinked site, the user should review and understand that site's privacy policy.
Accordingly, the Company assumes no responsibility or liability for the content of any sites referenced by any hyperlink, or otherwise. The Company believes that in making hyperlinks available to publicly accessible Web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. You may not provide hyperlinks to this Web site without prior written permission from the Company.
Severability and Governing Law The laws of the State of California shall govern all matters concerning the validity, performance and interpretation of these Terms of Use. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
Intellectual Property This Web site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other laws. Unless otherwise indicated, the Content, including, but not limited to, graphic images, buttons, layout, trademarks, logos, text, and other materials contained in this Web site and in the other sites of the Company are the exclusive property of the Company. This information is for the personal viewing of visitors to the Web site and may not be used, copied, modified, republished, transmitted, distributed, or otherwise exploited, in whole or in part, without the prior written consent of the Company. Any third party components or materials of this Web site that are used by the Company with permission, may not be used by you without written consent of the owner.
Jurisdiction The Web pages of the Company are directed towards individuals and entities located in the United States only. The Company makes no representation that the information or other Content (as defined below) is appropriate or available in locations outside of the United States. Those who access any Company Web site from outside the United States are responsible for compliance with local laws, if and to the extent local laws are applicable. The insurance coverages and services of the Company may not be available in all states. Further, you may not be eligible for all of the insurance coverage or services available from the Company.
Arbitration All disputes, claims or controversies arising under or in connection with the use of this Website, including the validity, scope and enforceability of this article, which are not otherwise settled by the parties, shall be finally settled by arbitration. The arbitration shall be held in Orange County, California USA and shall be conducted in accordance with the Rules of Arbitration of the American Arbitration Association in effect at the time the proceedings begin. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
Update of Terms of Use These terms of use are updated and modified from time to time. The modified terms take effect automatically the day they are posted. Every time you access the Web sites of the Company make sure that you check these terms.
IF THESE TERMS ARE NOT ACCEPTABLE TO YOU IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.
Nighthawk Insurance Services Gabriella J. March - California License No. 0C42802 P.O. Box 295 - Huntington Beach, CA 92648 E-Mail: gmarch@nighthawkinsurance.com Phone: 714-898-2393 - Fax: 714-898-4323 Toll-Free: 866-650-8703