PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.
By using this website, you signify your assent to these terms of use. If you do not agree to these terms
of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or
remove portions of these terms at any time. Updated versions will be posted to our website and date
stamped so that you are always aware when the Terms and Conditions Statement was last updated.
Your continued use of the website following the posting of changes to these terms will mean you accept
those changes. If you are dissatisfied with any H&H Agency, Inc. material, or with any of H&H
Agency, Inc. Terms and Conditions, your sole and exclusive remedy is to discontinue using the H&H
Agency, Inc. website.
RESTRICTIONS ON USE OF MATERIALS.
Unless otherwise noted, all materials, including, but not limited to, news articles, images,
illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site
(collectively, the "Content") are protected by copyright and owned, controlled or licensed by H&H
Agency, Inc., P.O. Box 8128, Newport Beach, CA, U.S.A., or the party credited as the provider of the
content. You will abide by all additional copyright notices, information or restrictions contained in any
content accessed through the website.
No content from the website may be copied, reproduced, framed, hyperlinked, republished, downloaded,
uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where
specifically permitted, one copy of the content on any single computer for your personal, non-commercial
use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any
content for other than personal use is expressly prohibited without prior permission from
administrator@hhagency.com, or the copyright holder identified in the copyright notice contained in
the content.
If you wish to build a hyperlink to the website, you may do so provided you agree to cease such link
upon request from H&H Agency, Inc. No other use is permitted without prior written permission of H
&H Agency, Inc.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our web pages
or the content is strictly forbidden.
Modification of the content or use of the content for any other purpose is a violation of H&H
Agency, Inc. copyright and other proprietary rights. For purposes of these terms, the use of any content
on any other web site or networked computer environment is prohibited. H&H Agency, Inc. and other
names of H&H Agency, Inc. products referenced herein are trademarks or registered trademarks of H&
H Agency, Inc. other trademarks/logos are the property of their respective owners.
USAGE BY CHILDREN.
The website is directed to adults and is not directed to children. H&H Agency, Inc. cannot prohibit
minors from visiting the website. H&H Agency, Inc. must rely on parents, guardians and those
responsible for supervising children to decide which materials are appropriate for such children to view
and/or purchase. H&H Agency, Inc. however, we cannot always determine the age of persons who access
and use our website. If a minor (as defined by applicable law) provides us with his/her data without
parental or guardian consent, we encourage the parent or guardian to contact us to have this information
removed and to unsubscribe the minor from any future H&H Agency, Inc. marketing communications.
MEMBER ACCOUNT.
If you register as a user of this website, you will be provided with a username and password that is
unique to you. You are responsible for all activities that occur under your username and password.
When a user account and password has been given to you in order to access H&H Agency, Inc.’s
“Manage My Policy”/Insured Portal for online policyholder services, you agree to the following conditions:
- H&H Agency, Inc. is authorized to act on instructions received under your authenticated
account without any requirement to question those instructions;
- Your password contains sensitive information and you agree to secure it and keep it
confidential;
- H&H Agency, Inc. is not liable for any unauthorized access to your user account and personal
information that is not directly due to the negligence of H&H Agency, Inc.;
- You will notify H&H Agency, Inc. immediately if you believe anyone else has obtained your
password or if you believe an unauthorized access to H&H Agency, Inc. or your user account has
occurred or may occur.
CONTENT & SERVICES OFFERED.
H&H Agency, Inc. has the right at any time to change or discontinue any aspect of the website,
including, but not limited to, the community areas, content, hours of availability and software
requirements needed for access to use. Such changes, modifications, additions or deletions will be
effective immediately upon posting and any subsequent use by you after such posting will conclusively be
deemed to be acceptance by you of such changes, modifications or deletions.
PRIVACY.
Registration data and certain other information about you are subject to H&H Agency, Inc. privacy
policy. For more information, see our privacy policy page, which is
incorporated in full herein by reference.
INDEMNIFICATION.
You agree to indemnify, defend and hold H&H Agency, Inc. harmless from any liability, loss, claim and
expense, including reasonable attorney’s fees, related to your violation or alleged violation of this
agreement or use of the website, including without limitation any claims alleging facts that if true
would constitute a breach by you of these terms and conditions.
NON-TRANSFERABILITY.
Your right to use this website is not transferable. Any password or right given to you to obtain
information is not transferable.
JURISDICTION.
Unless otherwise specified, the content on the website is presented solely for the purpose of obtaining
information about H&H Agency, Inc. and insurance products sold through H&H Agency, Inc. available
in California. The website is controlled and operated by H&H Agency, Inc. from its offices within the
State of California. H&H Agency, Inc. Insurance Services Inc. makes no representation that content on
the website is appropriate or available for use in other locations. Those who choose to access the
website from other locations do so on their own initiative and are responsible for establishing the
usability or correctness of any information or content under any or all jurisdictions and the compliance
of that information or content with local laws, if and to the extent local laws are applicable. All
users, including those users who access the website from a country other than the U.S., agree that the
laws of the State of California will govern any dispute, including those arising from H&H Agency,
Inc. use of personal information or otherwise relating to privacy.
TERMINATION.
The privileges granted to you by these terms will terminate immediately without notice from H&H
Agency, Inc. if, in H&H Agency, Inc.’s sole discretion, you fail to comply with any provision of
these terms. H&H Agency, Inc. may take such further action as H&H Agency, Inc. determines to be
appropriate under the circumstances to eliminate or preclude repeat violations, and H&H Agency, Inc.
will not be liable for any damages of any nature suffered by any customer, user, or any third party
resulting in whole or in part from H&H Agency, Inc. exercise of its rights under these terms and
conditions.
DISCLAIMER.
THE CONTENT IN THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, H&H AGENCY, INC. DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. H&H AGENCY, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE
OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL H&H AGENCY, INC. BE LIABLE
FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
SERVICES ON THE WEB SITE, EVEN IF H&H AGENCY, INC. INSURANCE SERVICES INC. OR AN H&H AGENCY, INC.
INSURANCE SERVICES INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL H&H AGENCY,
INC. INSURANCE SERVICES INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
NOT ADVICE.
This site may contain advice, opinions, and statements of various information providers and content
providers. The content contained on the website has been prepared by H&H Agency, Inc. as a service to
its users and the Internet community and is not intended to constitute legal or professional advice,
which is always fact specific. H&H Agency, Inc. has used reasonable efforts in collecting, preparing
and providing quality information and material, but does not warrant or guarantee the accuracy,
completeness, adequacy or currency of the information contained on or linked to the website. Users of
information from the website or links do so at their own risk. Reliance upon any such opinion, advice,
statement, or other information will also be at your own risk. Neither H&H Agency, Inc. nor its
affiliates, nor any of their respective agents, employees, information providers or content providers
will be liable to any user or anyone else for any inaccuracy, error, omission, interruption, timeliness,
completeness, deletion, defect, failure of performance, computer virus, communication line failure,
alteration of, or use of any content herein, regardless of cause, or for any damages resulting there
from.
OTHER PRODUCTS.
Any reference made by the website to any specific commercial product, process, or service (or provider of
such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute
or imply an endorsement, recommendation, or favoring by H&H Agency, Inc. Content on the website may
be provided by third parties and users. Any opinions, advice, statements, services, offers or other
information expressed or made available by third parties, including information providers, users or
others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect
those of H&H Agency, Inc.
LINKS TO OTHER WEB SITES AND SERVICES.
To the extent that the website contains links to outside services and resources, H&H Agency, Inc.
Insurance Services Inc. does not control the availability and content of those outside services and
resources. Any concerns regarding any such service or resource, or any link thereto, should be directed
to the particular service or resource.
SERVICE CONTACT.
Contact administrator@hhagency.com with questions or problems with this Web site.
OTHER.
Any rights not expressly granted herein are reserved. These terms will be governed by and construed in
accordance with the laws of the State of California. You agree that any action at law or in equity
arising out of or relating to these terms will be filed only in the state or federal courts located in
Orange County and you hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action except that if you are located or a resident outside the United
States you hereby submit to exclusive binding arbitration, in Orange, California, subject to UNCITRAL
rules. If any provision of these terms will be unlawful, void, or for any reason unenforceable, then that
provision will be deemed severable from these terms and will not affect the validity and enforceability
of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim
or cause of action arising out of or relating to the website and these Terms of Service must be filed
within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire
agreement between us relating to the subject matter herein and will not be modified except as provided
herein or in writing, signed by H&H Agency, Inc. To the extent that anything in or associated with
the website is in conflict or inconsistent with this Agreement, this Agreement will take precedence.
H&H Agency, Inc.’s failure to enforce any provision of this Agreement will not be deemed a waiver of
such provision nor of the right to enforce such provision.
DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
Introduction.
This policy is intended to implement the procedures described in the Title II of the Digital Millennium
Copyright Act, 17 U.S.C. Section 512 ("DMCA") for the reporting of alleged copyright infringement. It is
the policy of H&H Agency, Inc. to respect the legitimate rights of copyright owners, their agents,
and representatives. Users of any part of H&H Agency, Inc. website are required to respect the legal
protections provided by applicable copyright law.
Designated Agent.
Upon receipt of notification of claimed infringement, H&H Agency, Inc. will follow the procedures
outlined herein and in the DCMA. H&H Agency, Inc. Designated Agent to receive notification of
alleged infringement under the DMCA is Helen Hayden.
Complaint Notice Procedures for Copyright Owners.
A notice of alleged copyright infringement to the Designated Agent must include the following:
- An electronic or physical signature of the copyright owner or a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single online site is covered by a single notice, a representative list
of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit H&H Agency, Inc. to locate the material.
- Information reasonably sufficient to permit H&H Agency, Inc. to contact the complaining
party, such as an address, telephone number, and, if available, an electronic mail address at which
the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the
matter complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Failure to include all of the above information may result in a delay of the processing or the DCMA
notification.
NOTICE AND TAKEDOWN PROCEDURE.
It is expected that all users of any part of H&H Agency, Inc. website will comply with
applicable copyright laws. However, if H&H Agency, Inc. Insurance Services Inc. is notified of
claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which
infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material
that is claimed to be infringing or to be the subject of infringing activity. H&H Agency, Inc. will
comply with the appropriate provisions of the DMCA in the event a counter notification is received by its
Designated Agent.
REPEAT INFRINGERS.
Under appropriate circumstances, H&H Agency, Inc. may, in its discretion, terminate authorization
of users of its website are repeat infringers.
ACCOMMODATION OF STANDARD TECHNICAL MEASURES.
It is H&H Agency, Inc. policy to accommodate and not interfere with standard technical measures
it determines are reasonable under the circumstances, i.e., technical measures that are used by
copyright owners to identify or protect copyrighted works. Contact Information:
P.O. Box 8128
Newport Beach, CA 92658
Telephone: (949) 851-6362
US Toll Free: (800) 949-3274
Fax: (949) 851-1718
administrator@hhagency.com
Revised June 2010
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