Terms of Use


     >   Introduction
     >   Access to Password Protected or Secure Areas
     >   Copyrights and Trademarks
     >   Disclaimer of Warranties
     >   Informational Purposes Only
Limitation of Liability
     >   Mandatory, Binding Arbitration
     >   Privacy Policy
     >   Security Notice
     >   Third Party Websites
     >   User Representations
     >   Miscellaneous Provisions


This Website, msilverandassociates.com, is proprietary to M. Silver and Associates, Inc. ("MS&A"). If you wish to access and use this Website (the "Site"), you must accept and agree to be bound by and comply with these terms (the "Terms"). By accessing this Site, each visitor (a "User") acknowledges that he or she has read, understands, and accepts without modification each of the Terms. If you do not agree to these Terms, then you must refrain from accessing or using the Site. All Terms will apply irrespective of the specific use made by Internet Users of the Site.
 Access to and use of this Site are subject to all applicable federal, state, and local laws and regulations.

This Site includes many different features, some of which contain general information, free publications, text, and graphics provided by MS&A as a convenience to our clients and other Users. Other areas require a User to agree to a specific contract, in order to access and use a particular service or product. The copyrights contained in the materials, text, graphics, and other content provided through this Site belong to MS&A or their respective owners. You may download and print general information, free articles, and other free content for your noncommercial use. If you want to use these items in a different manner, please contact MS&A.

MS&A reserves the right to modify these Terms at any time and without notice. Users are deemed to be apprised of and bound by any changes to these Terms. It is the responsibility of each User to review these Terms from time to time to be apprised of any changes.

MS&A reserves the right to seek any remedy available at law or in equity for any violation of these Terms, including the right to block access from a particular Internet address to this Site.

Access to Password Protected or Secure Areas

Access to and use of password protected or secure areas of this Site are restricted to authorized persons only. Any User who accesses or attempts to access such areas without authorization may be subject to prosecution.

Copyrights and Trademarks

All content on this Site is protected by applicable copyright laws. Except as provided on this Site, no one has permission to modify, copy, redistribute, transmit, display, sell, license, reproduce, republish, create derivitive works or use any content on this Site for commercial or public purposes, which includes uploading or downloading without the prior written consent of MS&A.

Names, phrases, logos, icons, graphics, images or designs, used throughout this Site may be trade names, registered or unregistered trademarks or service marks ("Marks") of MS&A, its affiliates or other owners. The display of Marks on this Site is not an implied license to any third party for use of the Marks. Users are prohibited from using any Mark for any purpose without the express written permission of MS&A. Any retransmission or alteration of the Marks or other form of unauthorized copying may be a violation of the law and such users may be subject to legal action.

Disclaimer of Warranties

The information contained in or accessed via this Site is provided "as is" without warranty of any kind, whether express, implied or statutory, as to the accuracy or completeness of the information, text, graphics or other items contained on this Site. MS&A expressly disclaims all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security and accuracy.
Information on this Site may contain inaccuracies or errors. Information on this Site may be changed or updated without notice. MS&A does not guarantee or ensure either the accuracy, completeness, currency or authenticity of any Site content, Site functionality, or your transmission of any Site content from this Site to you. MS&A has no obligation to update information on this Site, so much information may be out of date at any given time. MS&A may also make improvements, changes in services or products, or changes in the Terms at any time without notice.

Moreover, no warranty is made that operation of this Site shall be uninterrupted or free of errors, viruses, worms, trojan horses, or other code-manifesting, contaminating or destructive properties. MS&A cannot guarantee that any content will be free of infection including content provided through third party websites. The User understands and agrees that any material downloaded or otherwise obtained through this Site is at the User's own discretion and risk, and the User will be solely responsible for any damages to the User's computer system or loss of data that results from the download of such material or data. References to corporations, their services, and products are provided "as is" without warranty of any kind, either expressed or implied.

Informational Purposes Only

The product material described on this Site is provided for informational purposes only. The material is intended solely to provide a general overview of the range of services and types of products available through MS&A. MS&A makes no representation as to the financial or other suitability of any product described on this Site for any User. I order to evaluate whether a particular insurance product is suitable for your needs, you should contact a licensed, professional insurance agent. The products referenced on this Site have restrictions, limitations, and terms regarding coverage. The services and products described on this Site may not be available in all states or other jurisdictions. Also, MS&A may not be licensed to transact business in your state. The information included on this Site is not an offer to sell any service or product in any state or other jurisdiction. For complete details concerning coverage, product availability, and our license status in your state, contact MS&A.

Limitation of Liability

MS&A expressly disclaims to the fullest extent permitted by law any liability (whether based on warranty, contract, tort (including, but not limited to, negligence), strict liability or otherwise) for damages of any kind, including, without limitation, direct, indirect, incidental, special, exemplary, punitive or consequential damages (including, but not limited to, damages for lost profits, business interruption, and loss of programs or information) arising out of or in connection with the use of, or inability to use, this Site or its content whether or not advised of the possibility of damage, and on any theory of liability; the inaccuracy of any information contained on or available via this Site; or arising out of any information contained on or available via this Site.

Under no circumstance will MS&A be liable for any loss or damage caused by a User's reliance on information obtained through this Site. It is the responsibility of each User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site.

Mandatory, Binding Arbitration

You agree that any claim or dispute between you and MS&A or any officer, director or employee of MS&A related to your use of this Site or any information herein, including the validity of this provision regarding Mandatory, Binding Arbitration, regardless of the amount or value of such claim or dispute, will be resolved by mandatory, binding arbitration administered by the National Arbitration forum in accordance with its code of Procedure then in effect, except that any arbitration will be conducted in, and any hearing will be held in, Miami, Florida. Information may be obtained and claims may be filed at any office of the National Arbitration Forum (www.arb-forum.com) or at P. O. Box 50191, Minneapolis, MN 55405. This provison regarding Mandatory, binding Arbitration will be governed by the Federal Arbitration Act.

Privacy Policy

Please refer to our Privacy Policy for additional details.

Security Notice

User acknowledges and confirms that the Internet is not a secure medium where privacy can be ensured, and that complete security and confidentiality over the Internet is not possible at this time. Your confidential use of the Site can not be guaranteed and you acknowledge that your use of the Site (including information that you transmit to the Site) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, MS&A shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of security or confidentiality. Please refer to our Security Notice for additional details.

Third Party Websites

For the convenience of our clients and other User's MS&A provides links to third party websites not owned or controlled by MS&A. These websites have their own unique legal terms of use, security features and privacy policies which should be reviewed in detail should you desire to access and use such sites. Accordingly, MS&A is not responsible for and shall not incur any liability in any way for any content, products or services that are contained or provided on or through any third party website. Access to any such other site linked to this Site is at the User's own risk.

User Representations

By accessing this Site each User represents, warrants, and covenants that: (1) he or she is at least eighteen (18) years old; and (2) he or she shall not upload, post or transmit to or distribute or otherwise publish through this Site any materials which (a) restrict or inhibit any other user from using and enjoying the Site, (b) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (c) contain any information, software, or other material of a commercial nature, (d) are unlawful, threatening, abusive, defamatory, vulgar, obscene, libelous, offensive, pornographic, sexually explicit or indecent, (e) contain advertising of any kind, (f) violate, plagarize, or infringe the rights of third parties, including, without limitation, copyright, trademark, signature mark, patent, rights of privacy or publicity or any other proprietary right, (g) constitute or contain false or misleading indications of origin or statements of fact, (h) contain a virus, worm, trojan horse, or other code-manifesting, contaminating or destructive properties.

Miscellaneous Provisions

These Terms will be governed by and construed in accordance with the laws of the State of Florida without giving effect to its conflict of laws provisions or your actual state or country of residence. User hereby consents to the exclusive jurisdiction and venue of the state and federal courts within Miami-Dade County, Florida.

If for any reason a court of competant jurisdiction finds any provision or portion of the Terms to be unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in full force and effect.

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, regarding such subject matter. Any waiver of any of these Terms will be effective only if in writing and signed by MS&A.

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