Neither Service Providers nor any independent provider/transmitter of Information shall be liable in any way, and you agree to indemnify and hold harmless Service Providers and the independent providers/transmitters for (1) any inaccuracy, error, or delay in, or omission of (a) any Information, or (b) the transmission or delivery of Information; (2) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of Information due either to any negligent act or omission by Service Providers or providers/transmitters of Information or to any "force majeure" (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of Service Providers or the Information providers/transmitters.
THIS WEB SITE MAY BE LINKED TO OTHER WEBSITES WHICH ARE NOT MAINTAINED BY THE SERVICE PROVIDERS. THE SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE CONTENT OF THOSE WEBSITES. THE INCLUSION OF ANY LINK TO SUCH WEBSITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY THE SERVICE PROVIDERS OF THE WEBSITES OR THE CONTENT THEREOF. LIMITATION OF LIABILITY IN NO EVENT SHALL SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE, SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF SERVICE PROVIDERS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
While the Service Providers use reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes occur. SERVICE PROVIDERS makes no warranties or representations as to the accuracy of this website. Under no circumstances, including, but not limited to, negligence, shall SERVICE PROVIDERS or any party involved in creating, producing, or delivering the web site be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this web site, even if SERVICE PROVIDERS or a SERVICE PROVIDER'S authorized representative has been advised of the possibility of such damages. In no event shall SERVICE PROVIDER's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website. SERVICE PROVIDERS also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video, or audio from this web site.
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by SERVICE PROVIDERS. Except as otherwise expressly permitted by SERVICE PROVIDERS, no materials from this website or any website owned, operated, licensed, or controlled by SERVICE PROVIDERS may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Such material may include without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, and copyrights. You may download material displayed on this website for your use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without SERVICE PROVIDERS' written permission. SERVICE PROVIDERS neither warrant nor represent that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with SERVICE PROVIDERS.
In consideration for your use of the web site, you agree to provide true, current, accurate, and complete information about yourself as requested during the registration process, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the website in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any content that you upload, download, transmit or otherwise process using the web site.
TERMINATION OF USE
You agree that Service Providers, in their sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content within the web site, for any reason, including, without limitation, for lack of use, or if Service Providers believe that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Service Providers may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that Service Providers shall not be liable to you or any third-party as a result of Service Providers' termination of your access to the service.
Unless otherwise expressly set forth herein, SERVICE PROVIDERS makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws. The information contained on this website is not an offer to sell or a solicitation to buy any security or any insurance product. No security or other insurance product is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase, or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
TRADEMARKS AND COPYRIGHTS
All trademarks, services marks, trade names, logos, and icons are proprietary to A-MAX Auto Insurance. The Oakwood Software name, logo, and the statements "Information Is the Difference" and "powered by Oakwood Software" are proprietary to First Oakwood Corp. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of SERVICE PROVIDERS or such third party that may own the trademarks displayed on this web site. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or are used with permission by SERVICE PROVIDERS. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You acknowledge that any software available or provided to you on this website may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to the United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. SERVICE PROVIDERS does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by the United States export controls laws and regulations.
This Agreement shall constitute the complete and exclusive agreement between you and Service Providers. While Service Providers reserve the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Service Providers execute a separate written agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions, and you hereby consent that any and all disputes arising under this Agreement shall be submitted to arbitration in the State of Texas. You further agree to an arbitration on an individual basis. In any dispute, the arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and YOU AGREE THAT YOU WAIVE ANY RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, Service Providers may obtain equitable relief in any court to protect its intellectual property.