Website Terms & Conditions
“Website” means all websites, and all subsequent pages made available by or through such websites, owned or operated by LeBaron & Carroll or its subsidiaries.
“You” and “Your” means you, an individual user entering into this Agreement, or the entity on whose behalf you enter into this Agreement.
- Information retrieved from or generated by this website is intended to help you make better business decisions about insurance coverage and costs. The website also contains survey questions designed to help you make informed insurance decisions. The results of our surveys (the “Survey Results”) are intended to serve two (2) primary purposes. First, to help you or your business understand general attitudes and workplace culture relating to safety, risks, and risk prevention and mitigation. Second, to help you or your business identify hidden risks or gaps in insurance coverage.
- Website Owner does not guarantee or warrant the accuracy, completeness, currentness, merchantability or fitness for a particular purpose of the information provided by it. All such information, including survey results, are provided “as is” without warranty of any kind.
- The risk of any loss or injury that may be incurred by use of the information, including the survey results, will be borne solely by the user, and not Website Owner. Website Owner shall not be liable for any loss or injury arising out of or caused in whole or in part by Website Owner’s acts or omissions in preparing or delivering the information provided by it. In no event shall Website Owner be liable for any indirect, incidental, consequential, punitive, exemplary or special damages, even if Website Owner was grossly negligent, was advised of such possibility of damages, or such damages were reasonably foreseeable. If, notwithstanding the preceding sentence, liability is imposed on the Owner, the amount of such liability shall not exceed the amount paid by you to the Website Owner for such information or related services.
- To the extent that You receive software from Website Owner from Your use of the Website, such software is deemed part of the Website Owner’s Website.
Website Owner grants to You a non-exclusive and non-transferable license to:
- Use Website Owner Website as provided herein, until this Agreement is terminated;
- Access, load, store and operate the Website with browser software; and
- Display, download and print portions of the Website to investigate and/or purchase product(s) and/or service(s), subject to the limitations in this Agreement.
- Notwithstanding the above, you shall NOT, without the prior written consent of Website Owner:
- Decompile, reverse engineer, disassemble and/or create derivative works from the Website;
- Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations contained in the Website;
- Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Website to any third parties;
- Use the Website for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the Website;
- For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the Website or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;
- Store the accessed, used, or downloaded Website in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days;
- Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components or create derivative works of the Website; or
- Remove, modify, hide or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on the Website, component thereof or output therefrom.
- (a) Co-brand the Website, (b) frame the Website, or (c) hyperlink to the Website, or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of the Website Owner. For purposes of this Agreement, “co-brand” or “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with the Website Owner in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
- You shall not interrupt, or attempt to interrupt, the operation of the Website in any way.
- The Website may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Website. Any attempt to tamper or dismantle these protections is a breach of this Agreement, and may be a violation of the Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties.
- Content in the Website that is used or referenced in any print or electronic media must be done in accordance with generally accepted standards and must provide for proper attribution to Website Owner.
- The Website may contain testimonials from customers of the Website Owner or its agents. Testimonials are not representative of everyone’s experience and only provide information about the individual’s experiences as to the point in time when they are provided. Testimonials do not necessarily represent typical or expected results. All testimonials are authentic. Testimonials may be edited for clarity or brevity. All claims have been documented and verified for accuracy. No one has been paid to provide a testimonial on the Website. Individual results will vary.
- Website Owner may receive information relating to an application for an insurance policy via the Website even though Website Owner does not have the authority to bind the insurance policy applied for or to provide coverage. You acknowledge that the submission of an application for insurance via the Website may not result in Your obtaining insurance coverage.
- Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LeBaron & Carroll, or it’s suppliers, and licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of LeBaron & Carroll and is protected by U.S. and international copyright laws. All software used on this site is the property of LeBaron & Carroll and is protected by United States and international copyright laws. The respective owners and licensees of any copyrights included in the Website retain and reserve all of their rights related to such copyrights. The programs and software which operate this website are confidential trade secrets of LeBaron & Carroll and, therefore, you agree not to modify the programs or any embodiment thereof or attempt to decipher, decompile, disassemble or reverse engineer the programs or software or any embodiment thereof.
- You will indemnify, defend and hold Website Owner and its subsidiaries and affiliates (collectively, the “Indemnitees”) harmless from and against any and all claims and expenses, including reasonable attorney’s fees, which may be asserted against or incurred by the Indemnitees based upon your use of this website or the information obtained through this website, including the Survey Results.
- Our service may contain links to third-party websites or services that are not owned or controlled by the Website Owner. The Website Owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Website Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
- You understand and agree that there is no charge to obtain the Survey Results. If, however, you elect to reserve a place to attend a training event sponsored by LeBaron & Carroll, LLC, you understand and agree that you may be charged an attendance fee. If you wish to reserve a place to attend a training event, you will be asked to supply certain information, including, without limitation, your name, your email, your phone number, and information about how you will attend. If payment is required, you will also be asked to provide your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any such order ; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant LeBaron & Carroll, LLC the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order. (Currently, we use “Stripe” as our credit card payment platform.)
- Cancelation. If you decide to cancel your reservation to attend a training event sponsored by LeBaron & Carroll, LLC within 10 calendar days, then we will reimburse you no later than 14 days from the day on which we receive your notice of cancelation. We also reserve the right to cancel a training event for any reason. When a training reservation is timely canceled, we will use the same means of payment as you used for the order, and you will not incur any fees for such reimbursement.
- These Terms & Conditions constitute the entire agreement between the parties and supersedes any other communications, whether written, oral, electronic or otherwise, with respect to the subject matter of these Terms & Conditions. These Terms & Conditions may not be amended, modified or waived orally, but only if done so in writing. If any of these Terms & Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining Terms & Conditions shall remain in full force and effect. In addition, in such event, the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
- Any dispute, controversy or claim arising out of or related in any manner to these Terms & Conditions which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before one (1) arbitrator sitting in Maricopa County, Arizona. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Arizona. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in these Terms & Conditions, but shall not be empowered to award indirect, incidental, consequential, punitive, exemplary or special damages or specific performance. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any disputes with respect to intellectual property rights or seeking injunctive relief shall be submitted to the courts located in Maricopa County, Arizona and shall not be subject to this provision.
You represent, warrant and covenant that:
- You are of a proper age to enter into this Agreement.
- You are entering this Agreement with a sound mind and not under duress or emotional distress.
- Any information that You have or shall provide to Us through the Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information.
- You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the Website and with respect to any product or service related thereto.
- You shall not use the Website to infringe, misappropriate or violate any rights Website Owner and/or any third party, including, but not limited to any customer of Website Owner or any entity associated with or visiting the Website.
- You shall comply at all times with this Agreement, including any modifications to this Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and Website Owner as a result of these Terms & Conditions or your use of the website.
- To the Agreement. We have the right to modify this Agreement and any other Agreement or policy referenced in the Website or linked to in the Website. No notice is required for any such modification. Any modification is effective immediately upon posting to the Website. Your continued use of the Website following the posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Website.
- To the Website. We have the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. We may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability.
- If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.