Terms & Conditions 2017-10-02T18:59:40+00:00
Terms of Use for Colburn Risk Holdings LLC Sites
Last updated and effective September, 2017
Welcome to the Colburn Websites, which includes
colburncolburn.com, colburncolburninsurnace.com, colburnriskholdings.com, colburninsurance.com
and any other Internet properties owned or controlled by the Company (defined below)

1. ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between you and Colburn Risk Holdings LLC. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference herein, including the Privacy Notice found at the end of these terms of use (collectively, these “Terms of Use”), govern your access to and use of colburncolburn.com, colburncolburninsurnace.com, colburnriskholdings.com, colburninsurance.com, and any other Internet properties owned or controlled by the Company, including any related content, functionality, and services (collectively, the “Websites”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Websites. BY USING THE WEBSITES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE (INCLUDING THE LIMITATIONS OF LIABILITY, DISCLAIMERS, INDEMNIFICATION OBLIGATIONS AND ARBITRATION PROVISIONS HEREIN) AND OUR PRIVACY NOTICE, AVAILABLE AT http://colburncolburn.com/privacy-policy/ WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms of Use or the Privacy Notice, you must not access or use the Websites.

The Websites are located and managed within the United States, and are intended for users who are 18 years of age or older. Although we welcome our users who are located outside of the United States (including its territories or possessions), we make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with the Company, and that use of the Websites is legal within your geographic location. If you do not meet all of these requirements, you must not access or use the Websites.

2. CHILDREN UNDER THE AGE OF 13
The Websites are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. If you are under the age of 13, do not use or provide any information on the Websites or on or through any of its features, register on the Websites, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, and any screen name or username you may use.
If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us by sending us an e-mail stating your request to smitchell@colburncolburn.com.

3. CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter.
Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Websites so you are aware of any changes, as they are binding on you.

4. ACCESSING THE WEBSITES AND SECURITY
We reserve the right to withdraw or amend the Websites, as well as any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or all of the Websites, to users, including registered users.
You are responsible for the following:

  • Making all arrangements necessary for you to have access to the Websites.
  • Ensuring that all persons who access the Websites through your Internet connection are aware of these Terms of Use and comply with them.

To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to register with the Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Notice, available at the http://colburncolburn.com/privacy-policy/ and you consent to all actions we may take with respect to your information consistent with our Privacy Notice.

We have the right to suspend the Websites or your access to the Websites at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5. INTELLECTUAL PROPERTY RIGHTS
The Websites and their entire contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites.

6. PROHIBITED USES
You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites in any of the following ways:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites or expose them to liability.
    Additionally, you agree not to do any of the following:

  • Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including its ability to engage in real time activities through the Websites.
  • Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
  • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Websites.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites.
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Websites.
  • Modify copies of any materials from the Websites.
  • Use any illustrations, photographs, video or audio sequences or any graphics from the Websites or any text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Websites.
  • Access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.

If you wish to make any use of material on the Websites other than those permitted uses set out in this section, please address your request to smitchell@colburncolburn.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use (except for those materials we make available to you via your account), your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites are transferred to you, and the Company reserves all rights not expressly granted herein. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

7. TRADEMARKS
The Company name, the term “colburncolburn”, “Colburn Colburn”, “Colburn Colburn Insurance & Risk Services” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.

8. USER SUBMISSIONS
The Websites may contain interactive features (“Interactive Services”) that allow users to submit, or transmit to the Company or other persons (hereinafter, “submit”) content or materials (collectively “User Submissions”) on or through the Websites.

By providing any User Submission on the Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, distribute and otherwise disclose to third parties any such material for any purpose as described in our Privacy Notice.
You represent and warrant that:

  • You own or control all rights in and to the User Submissions and have the right to grant the rights granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Submissions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Submissions posted by you or any other user of the Websites.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

9. COPYRIGHT INFRINGEMENT
If you believe that anything on the Websites violates your copyright, please contact us at smitchell@colburncolburn.com.

10. RELIANCE ON INFORMATION POSTED
The information and content presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and content. Any reliance you place on such information or content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of their contents.

The Websites may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
In no event will Company be liable for any decision made or action taken in reliance upon the information provided through the Websites.

11. CHANGES TO THE WEBSITE
We may update the content on the Websites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

12. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on the Websites is subject to our Privacy Notice, available at http://colburncolburn.com/privacy-policy/ as the same may be updated from time to time. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

13. OTHER TERMS AND CONDITIONS
Additional terms and conditions may also apply to specific portions, services or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

14. OTHER THIRD-PARTY SERVICES
Additionally, the Websites may contain services and functionality provided by third parties, such as the services known as Succeed Management. The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions. By using the Websites, you acknowledge that your use of such third party services is subject to the terms and conditions of use for such third parties, over which we have no control. You can find additional information regarding the Succeed Management service in the Privacy Notice.

15. LINKING TO THE WEBSITES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

16. LINKS FROM THE WEBSITES

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Our Website may include interactive mini-programs that run on any website in which such interactive mini-program is embedded (“Widgets”), to provide specific services from another company and through which data and/or information is displayed (e.g. displaying the news, opinions, videos, music, etc.). Personal information, such as your email address, may be collected through the Widget and cookies may also be set by the Widget to enable it to function properly. Information collected by any Widget is governed by the privacy notice of the company that created it (and the Company takes no responsibility for their actions).

17. GEOGRAPHIC RESTRICTIONS
The owner of the Websites are based in the State of Michigan in the United States. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

18. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Websites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to any use of the Website’s content, User Submissions, Interactive Services and other services and products, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.

21. GOVERNING LAW AND JURISDICTION
All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites initiated by you shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, in each case located in the city of Detroit Oakland County, respectively, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. ARBITRATION
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.

23. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be, in the first instance, reformed or limited to the minimum extent such that the relevant provision is enforceable, and the remaining provisions of the Terms of Use will continue in full force and effect. If such reformation or limitation cannot cure the deficiency of such provision, it shall be eliminated from these Terms of Use and the remaining provisions of the Terms of Use will continue in full force and effect.

25. ENTIRE AGREEMENT
The Terms of Use, Privacy Policy, and any additional terms incorporated by reference constitute the sole and entire agreement between you and the Company with respect to the Websites, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Websites.

26. YOUR COMMENTS AND CONCERNS
The Websites are operated by Colburn Risk Holdings LLC 121 W. Long Lake Road, Suite 220 Bloomfield Hills, MI 48304.
All notices regarding copyright should be sent to the email address set forth in Section 10 above in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to smitchell@colburncolburn.com
© 2017, Colburn Risk Holdings LLC.

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