PLEASE READ THESE TERMS OF USE (“Terms”) BEFORE USING THIS SITE. PCF Insurance Services of the West, LLC (“PCF”) provides access to and use of this site subject to the Terms. By continuing to access or use this site, or any service, data, information, product, or other content obtained from or through this site (collectively, “Content”), you signify your acceptance of the Terms and your agreement to be bound by them. If, at any time, you do not wish to accept and/or be bound by the Terms, you must not access or use this site.

1. Representations and Warranties. By accessing and using this site or the Content, you represent and warrant that you (a) are at least eighteen (18) years of age; (b) have the power to enter into this agreement; (c) have read and agree to be bound by the Terms; (d) will not use any rights granted hereunder for any unlawful purpose; and (e) will access and use this site and the Content only in accordance with the Terms and all applicable U.S. federal, state and local laws, rules and regulations, as well as all applicable foreign and international, laws, rules and regulations (all such laws, rules and regulations are, collectively, the “Laws”).

2. Site License. As a user of this site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the site and Content in accordance with these Terms and the Laws. PCF may terminate this license at any time for any reason.

3. Disclaimer. THIS SITE AND THE CONTENT IS PROVIDED ON AN “AS-IS” BASIS. PCF EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PCF EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY AND ALL LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF; (D) YOUR USE OF THIS SITE; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

4. Limitations on Use. The site and the Content is for personal use only. You may not copy, display, distribute, download, modify, print, republish, reproduce or transmit all or any portion of the site for commercial exploitation. You may use this site for your own personal use or for your organization’s internal use. You may not access or use this site or the Content for any unlawful purpose or in any manner that is inconsistent with the Terms. You may not attempt to (a) compromise the security of this site; (b) decompile, reverse engineer or disassemble this site; (c) rent, sell, lease or loan this site or Content; or (d) create derivative works from the site or Content.

5. No Professional Advice. The site and the Content do not constitute any type of legal advice, including, but not limited to, accounting, broking, consulting, insurance, investment, legal or tax.

6. Product and Services Availability. Some products or services described on this site may not be available in all jurisdictions.

7. Intellectual Property Rights. All Content, features and functionality on this site are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, rules and regulations (collectively, the “IP Laws”). Any use of the Content, features and functionality on this site not expressly permitted within these Terms constitutes a breach of these Terms and may violate applicable IP Laws. Any communication or material you transmit or post to this site is and will be treated as non-confidential and non-proprietary. By submitting or posting such communication or material, you hereby grant PCF a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, disclose, modify, adopt, publish, broadcast, post and otherwise use such communication or material as PCF deems appropriate. Furthermore, PCF is free to use any ideas, concepts, know-how or techniques contained in any communication or material transmitted or posted to this site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. PCF reserves the right to remove any content transmitted or posted to the site at any time and for any reason.

8. Digital Millennium Copyright Act. PCF does not permit copyright infringing activities or infringement of intellectual property rights on this site. If a person is a copyright owner or agent thereof and believes that any content posted on this site infringes upon another’s copyright, such person may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing PCF’s copyright contact at communications@pcfins.com.

9. Third Party Content. PCF may provide links to third party websites from this site. PCF is not responsible for, and makes no representations or warranties with respect to, the content, quality, safety, availability, completeness, accuracy, privacy policies, legality or any other information, practices or policies of any such third party websites. Each entity whose website is linked is responsible for (a) its own privacy policy, terms of use and any other policies that may govern your use of its website and services and (b) the completeness, accuracy and legality of its own website. When you click on one of the provided links, you are leaving this site to enter another website on the Internet and do so entirely at your own risk. You agree that PCF is not liable for any harm or damages related to the purchase or use of goods, services, websites, resources, content or any other transactions made in connection with any third party websites. Complaints, claims, concerns or questions regarding third party websites or products or services thereon should be directed to the third party. You hereby waive any claim against PCF with respect to these third party websites.

10. Accuracy. PCF makes no guaranties, representations or warranties, of any kind, whether express or implied, that this site or Content is error-free, free of viruses or other harmful components. PCF does not guaranty, represent or warrant that this site or Content is accurate, correct, timely or otherwise reliable.

11. Modifications. PCF reserves the right to modify the Terms, from time to time in its sole discretion. Your access or use of the site or the Content, after PCF posts modifications to the Terms, shall signify your acceptance of, and agreement to be bound by, the Terms, as modified.

12. Unlawful Activity. PCF reserves the right to investigate complaints or reported violations of these Terms and to take any action PCF deems appropriate. When requested, PCF will cooperate fully with law enforcement agencies in any investigation of alleged unlawful activity.

13. Remedies. PCF reserves the right to seek all remedies available at law and equity for violations of these Terms.

14. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless PCF, its affiliates and its and their respective employees, officers, directors, partners, shareholders, members, managers, agents, other representatives, successors and assigns (each, a “PCF Party”), from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonable attorneys’ fees) and other costs arising out of or relating to (a) your access or use of this site or the Content; (b) your content; (c) your breach of these Terms; (d) your negligence or misconduct; or (e) a claim that your use of this site infringes the copyright, trademark, trade secret, patent or other rights of a third party.

15. Limitation of Liability. IN NO EVENT SHALL PCF HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS SITE; THE USE OR THE INABILITY TO USE THIS SITE; ANY CONTENT DISPLAYED ON OR PROVIDED VIA THIS SITE; ANY PRODUCTS OR SERVICES PURCHASED, LICENSED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THIS SITE; THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; OR ANY USER CONTENT, IN ALL CASES REGARDLESS OF WHETHER PCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF ANY NEGLIGENCE OF PCF. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PCF’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1,000.

16. Choice of Law; Jurisdiction; Venue; Severability. These Terms, and any disputes or claims arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah. Any legal suit, action or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the State of Utah, in each case located in Salt Lake City. You irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding. If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.

17. Contact Us. For more information, or should you have further questions regarding these Terms, you may contact PCF at communications@pcfins.com.

Last updated: 04/17/22