Legal Notices and Terms of Use

LAST UPDATED: September 13, 2019

Welcome. Entegral Holdings, LLC (“ENTEGRAL”) offers this site to you subject to the following terms and conditions (“Terms”). Your use of this site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this site. If you have any questions about these terms, please contact us at the following address: contactinfo@entegral.com or in the EU at contactinfo-eu@entegral.com 

General Use Restrictions

ENTEGRAL, or third parties granting rights to ENTEGRAL, hold all right, title and interest in and to the materials on this Site, which are the copyrighted work of ENTEGRAL or such third parties. ENTEGRAL grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer and only for purposes associated with your interaction with this ENTEGRAL website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site or any material contained on or accessible from this Site on any other server or internet-based device without the prior written authorization of ENTEGRAL.

ENTEGRAL does not routinely monitor your postings to the Site but reserves the right to do so. However, in our efforts to promote good citizenship within the Internet community, if ENTEGRAL becomes aware of inappropriate use of the Site or any of its Services, ENTEGRAL will respond in any way that, in its sole discretion, ENTEGRAL deems appropriate. You acknowledge that ENTEGRAL will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, ENTEGRAL will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Availability

ENTEGRAL has several websites offering products, services, content and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. ENTEGRAL does not make any warranty or representation that a user in one region may obtain the Services from the ENTEGRAL site in another region and ENTEGRAL may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region. Information ENTEGRAL publishes on the World Wide Web may contain references or cross-references to ENTEGRAL products, programs and services that are not announced or available in your country. Such references do not imply that ENTEGRAL intends to announce such products, programs or services in your country. Consult your local ENTEGRAL business contact for information regarding the products, programs and services that may be available to you.

Links

From ENTEGRAL to Third Party WebsitesIn your use of this ENTEGRAL website, you may enter into correspondence with, purchase goods or services from, or participate in promotions of advertisers, members or sponsors of this website. Any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that ENTEGRAL has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. This website may be linked to other sites on the World Wide Web that are not under the control of or maintained by ENTEGRAL. Such links do not constitute an endorsement by ENTEGRAL of any such sites. You acknowledge that ENTEGRAL is providing these links to you only as a convenience, and you agree that ENTEGRAL is not responsible for the content or links displayed on such sites to which you may be linked. From Third-Party Websites to ENTEGRAL

All links to ENTEGRAL websites by third parties (“linking party”) must be approved in writing by ENTEGRAL, except that ENTEGRAL consents to links in which the link and the pages that are activated by the link do not:    

  • Create frames or border environments around any page or materials on the ENTEGRAL website or use other techniques that alter in any way the visual presentation or appearance of any content within the ENTEGRAL website;
  • Create comparisons of ENTEGRAL products or services with competitive products or services;
  • Replicate any materials on that ENTEGRAL website or any ENTEGRAL logo or trademark without separate written consent by ENTEGRAL;
  • Misrepresent your relationship with ENTEGRAL;
  • Imply that ENTEGRAL approves or endorses the linking party, the linking party’s website, or the linking party’s service or product offerings in any way;
  • Present false or misleading impressions about ENTEGRAL or otherwise damage the goodwill associated with the ENTEGRAL name and trademarks;
  • Contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or that violates or encourages others to violate any applicable law;
  • Contain content that could be construed as obscene, pornographic or sexually explicit materials; and
  • Contain content that is not appropriate for all age groups.

As a further condition to being permitted to link to this site, the linking party agrees that ENTEGRAL may at any time, in its sole discretion, terminate permission to link to this website. In such event, the linking party agrees to immediately remove all links to this website.

By linking to the ENTEGRAL Website, linking party agrees to indemnify and hold ENTEGRAL safe and harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. ENTEGRAL shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. ENTEGRAL makes no warranties express or implied, with respect to such links.

If, according to the above terms, the linking party’s requirement to link to an ENTEGRAL website requires approval by ENTEGRAL, or the linking party is in any doubt about the linking party’s need to have the link approved, please contact us at contactinfo@entegral.com describing your request, and an ENTEGRAL representative will contact you.

Disclaimer of Warranties

Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by ENTEGRAL. ENTEGRAL does not warrant the accuracy or timeliness of the materials. ENTEGRAL has no liability for any errors or omissions in the materials, whether provided by ENTEGRAL or third parties. THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. ENTEGRAL, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ENTEGRAL WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF ENTEGRAL HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY IS NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, ENTEGRAL, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENT ARE NOT LIABLE FOR ANY DAMAGES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS; AND ENTEGRAL IS NOT, IN ANY CASE, LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. IF ANY AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPTION FOR EU CITIZENS: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, ENTEGRAL DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Inaccuracies or Errors

The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. ENTEGRAL does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products on this site may change without notice to you at any time in ENTEGRAL’s sole discretion. ENTEGRAL shall have the right to refuse or cancel any orders placed for products listed at incorrect prices. ENTEGRAL shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ENTEGRAL shall promptly issue a credit to your credit card account in the amount of the charge.

Local Laws; Export Control

ENTEGRAL controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations. The materials on this Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Trademarks

Entegral Holdings, LLC, “ENTEGRAL”, and “ENTERPRISE” are trademarks of Enterprise Holdings, Inc. with registrations in the United Kingdom and European Union and registrations or pending applications in other jurisdictions. I-CAR, asTech, Guidewire, Guidewire ClaimCenter and any other third-party marks are the property of their respective owners. Trademarks owned by Enterprise Holdings, Inc. may not be used in connection with any product or service that is not a product or service provided by Enterprise Holdings, Inc. or an affiliated company.

Terms of Use Revisions

ENTEGRAL may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.BINDING ARBITRATIONYou agree that any controversy or claim arising out of or relating to the Site or these Terms, other than claims relating to infringement of copyright or other intellectual property, may only be settled by binding arbitration in accordance with this Paragraph or alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitration must be held in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator must be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If you initiate arbitration against ENTEGRAL, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If you are able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, ENTEGRAL will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision remains in effect and must be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision is null and void, and neither You nor ENTEGRAL is entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH MUST BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.

DISPUTES

These Terms of Use are governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms of Use regarding a claim not subject to binding arbitration must be brought in the federal court in the Eastern District of Missouri or the state courts located in St. Louis County, Missouri. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site or Mobile App must be resolved individually, without resort to any form of class action. This limitation does not apply to residents of New Jersey. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary. This limitation does not apply to residents of New Jersey.

Unauthorized Activities

Unauthorized submissions and use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold ENTEGRAL and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, your violation of any applicable law or regulation, or the rights of any third party.