Website Terms of Use
Welcome
ABEX (Affiliated Brokers Exchange Inc.) welcomes visitors to the ABEX website located at www.abexinsurance.com and the additional pages therein (the “Website”). Please read the following Website terms of use (“Terms of Use”) carefully before using the Website.
By accessing and using the Website, you are deemed to have read and agree to be bound by all the Terms of Use set forth herein and any additional terms and conditions set forth on the individual pages of the Website. These Terms of Use do not change or alter any other agreement or contract between you and ABEX, its affiliates and/or third-party licensors. If you do not agree with these Terms of Use, do not continue to use or access the Website.
The following terminology applies to these Terms of Use, Privacy Statement and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this Website and accepting the Company’s terms and conditions. “ABEX” “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy
ABEX respects your right to privacy of your personal information. Before you submit any personal information, please review our Privacy Policy found on our Website www.abexinsurance.com/privacy-policy/ for details on the manner in which we collect, use, disclose and otherwise manage your personal information.
No Advice
The Website is not intended to provide specific insurance advice for any individual or business entity and should not be relied on for such advice. Persons seeking insurance advice should contact a licensed professional, such as an independent insurance broker, who can take their individual circumstances into account.
Information about Products and Services
The descriptions of the various products and services offered by ABEX contained in this Website are provided solely for general informational purposes. No offer is made or intended to be made on this Website. The information and descriptions contained herein are not intended to be complete descriptions of all terms, conditions and exclusions applicable to the products and services. In all cases, ABEX products and services are governed by the terms, conditions and exclusions of the actual policy.
The products and services described within this Website may not be available in all regions of Canada, or to persons who are residents of jurisdictions outside of Canada. ABEX’s insurance services are only available in jurisdictions where they may legally be provided.
You may not be eligible for all products and services and ABEX reserves the right to determine such eligibility as permitted by law. Where noted, certain products or services may be subject to specific terms, conditions, representations or agreements. The portions of this site related to such products and services provide additional information about terms, conditions, representations, agreements, eligibility and availability.
Ownership / Restrictions on Use
The Website is owned and operated by ABEX. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to ABEX, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of ABEX. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of ABEX. To obtain written consent for such reproduction, please contact us at service@abexinsurance.com.
Registration and Passwords
Some portions of this Website are restricted and require authorization for access. To access certain portions of the Website you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify ABEX of any unauthorized use of your password or username or any other breach of security.
Linking
It is our goal to provide increased convenience and value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned, operated and independently maintained by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from ABEX and that ABEX has no control over the content of such websites. Consequently, ABEX cannot be held liable and makes no warranty or representation whatsoever as to the content, accuracy, timeliness and/or completeness of the information contained on such websites.
In addition, the links which we might place on our Website should not be construed as an affiliation with ABEX and do not imply that we recommend, sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites or that we support views or opinions expressed therein.
ABEX is not responsible for your use of such linked sites or the products or services offered by the sponsors of these sites. You should make an independent investigation and evaluation before acquiring any of such products or services.
Other links in this site may lead you to websites or pages of companies around the world. You should be aware that these websites are maintained and operated locally and the contents and use of such websites may be governed by the laws and regulations of countries other than Canada.
Accuracy of Information Contained in this Website
The information contained in this Website is subject to change without notice. However, there is no commitment to update the information contained herein. ABEX makes no representations or warranties with regard to the information contained herein. You are responsible for evaluating the quality, accuracy, completeness, and usefulness of all information and opinions provided in this Website. In providing the information contained in this Website, ABEX is not rendering any legal, accounting or other professional advice or opinions on specific facts or matters. ABEX assumes no liability whatsoever in connection with your use of this information. You should always consult with your own professional advisors with respect to your situation.
User Conduct
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
upload, post, e-mail or otherwise transmit any material that:
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, and ABEX does not consent to receiving any of the above forms of material;
- infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
- contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
- for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
- attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
- interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
- use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
Indemnity
Through your continued use of this Website, you agree to indemnify and hold harmless ABEX, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.
In particular, you agree to indemnify and hold harmless ABEX, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury to you or any third party that may result from the use of or reliance on any Content or product from ABEX.
ABEX recommends that users exercise their own skill and care with respect to the use of any Content and should obtain any expert advice they consider necessary.
Contests
From time to time we may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry. By participating in a contest through this Website, you signify your agreement and acceptance of these Terms of Use and the applicable contest rules.
Changes and Termination
ABEX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the contents or any part of this Website including these Terms and Conditions of Use, with or without notice. Further, ABEX reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Revised” at the bottom of this document. By continuing to use the Website after any such changes you will signify that you agree to be bound by such changes, with continued provision of the use of the Website constituting consideration from ABEX to you for so being bound.
Your only right with respect to any dissatisfaction with these Terms of Use, our policy or practice in operating the Website or any Content available through the Website, is to stop visiting and using the Website.
Copyrights and Trademarks
“ABEX”, www.abexinsurance.com, www.abexinsurance.ca, www.abexaccess.com and www.abexaccess.ca are trademarks of ABEX. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of ABEX. All other trademarks appearing on the Website are property of their respective owners.
The contents of this Website are protected by the copyright laws of Canada and other countries. Reproduction, redistribution, re-transmission, modification, republishing or making public or commercial use of all or any part of the material in this Website, in any manner for any purpose without the express written consent of ABEX is prohibited.
Certain names, logos, designs, titles, words or phrases on this Website may constitute trade marks of ABEX and/or its affiliated companies. Any unauthorized use, downloading, copying, or modifying of the contents of this site may be in violation of federal or common law trade mark and/or copyright laws.
Applicable Laws
This Website is administered by ABEX from its office in Canada.
Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
If you choose to access this Website from outside of Canada, you do so of your own initiative and are responsible for compliance with applicable local, national or international laws.
A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.
By virtue of maintaining this Website, ABEX shall not be construed to be doing or transacting business or otherwise being subject to the jurisdiction of any governmental authority in which the user, or this or any linked site server or Internet provider is resident, domiciled or located. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and ABEX with respect to the use of the Website, including the Content.
Notice
Notices to you may be made via e-mail or regular mail or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.
If you have any questions or comments regarding these Terms of Use please contact us at service@abexinsurance.com.
Disclaimer / Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.
ABEX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND WITH REGARD TO THIS INFORMATION, INCLUDING BUT NOT LIMITED TO ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ABEX, ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE. ABEX DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, AND THAT ANY INFORMATION DIRECTLY OR INDIRECTLY TRANSMITTED TO OR FROM THIS SERVER IS SECURE OR THAT ANY INFORMATION CONVEYED WILL BE PRIVATE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL ABEX, ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, SERVICES OR ANY PRODUCT OBTAINED THROUGH THE WEBSITE, EVEN IF ABEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL OTHER TERMS AND CONDITIONS GOVERNING ANY PRODUCT OR SERVICE ON THE WEBSITE ARE PROVIDED WHEN YOU REQUEST A PRODUCT OR SERVICE. YOU EXPRESSLY RELEASE AND HOLD ABEX HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF ANY PRODUCTS AND SERVICES OBTAINED VIA THE WEBSITE.
For additional support, please visit our contact page.