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This
Usage Agreement ("Agreement") sets forth the terms and
conditions which apply to your use of www.marshberry.com,
and www.aleris.com (the "MB&C Sites") which
are offered to you by Marsh, Berry & Company, Inc. ("MB&C").
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST
AS IF YOU HAD SIGNED THE AGREEMENT. If you do not agree to the terms
of this Agreement, please discontinue your use of this Site immediately.
Third
Party Sites. This Site contains links to other Internet sites
("Third Party Sites") which are not operated or controlled
by MB&C. By entering these Third Party Sites, you are exiting
the MB&C Sites. MB&C is not responsible or liable for the
information contained in these Third Party Sites, and does not make
any warranties or representations regarding their contents. MB&C
does not recommend, endorse, or warrant the information, products
or services offered or advertised on any Third Party Site. MB&C
is not liable, directly or indirectly, for any loss caused or alleged
to have been caused by your use of any Third Party Site.
Disclaimer
of Warranties. The purposes of this Site is to make information
regarding the insurance industry available to its users. To accomplish
this, MB&C gathers, correlates and disseminates financial information
from various Third Party Insurance Agencies. This Site also provides
various Third Party Materials not originating from MB&C. MB&C
makes no warranties or representations regarding the correctness,
accuracy, reliability, or timeliness of the information provided
on this Site, on any Affiliated Site, or on any Third Party Site.
MB&C does not warrant that the information contained on this
Site, on any Affiliated Sites, or on any Third Party Site will be
uninterrupted, free from errors, omissions, defects, viruses, or
other harmful components. ALL MATERIALS AND INFORMATION CONTAINED
ON THIS SITE, ALL AFFILIATED SITES, AND ALL THIRD PARTY SITES ARE
PROVIDED "AS IS." MB&C EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NO INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED FROM MB&C SHALL CREATE OR BE CONSTRUED
TO CREATE A WARRANTY AS TO THE INFORMATION, PRODUCTS, OR SERVICES
PROVIDED ON THIS SITE, ANY AFFILIATED SITE OR ANY THIRD PARTY SITE.
Limitation
of Liability. MB&C IS NOT LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING
FROM OR IN CONNECTION WITH YOUR USE OF THIS SITE, ANY AFFILIATED
SITE, OR ANY THIRD PARTY SITE, INCLUDING, BUT NOT LIMITED TO, LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS
SITE, ANY AFFILIATED SITE, OR ANY THIRD PARTY SITE IS DONE AT YOUR
OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS
THEREFROM, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA.
Indemnification.
You agree to indemnify and hold MB&C, its subsidiaries, affiliates,
officers, agent, and employees, harmless from any claim or demand,
including reasonable attorneys fees, made by any third party due
to or arising out of or in connection with your use of this Site.
Fees
and Payment. We will charge you a standard annual fee for using
our system as well as additional fees depending on the type of service
you have selected. You should review the complete and current price
list before signing up for any services. You will be given the opportunity
to pay by credit card when you sign up. You can cancel your account
at any time, but you will remain liable for all charges accrued
up to that time, including full annual charges for the year for
which you discontinued service. We reserve the right to change our
fees at any time for any reason, but, whenever possible, we will
give you at least one month's advance notice of such change.
Jurisdiction.
Use of this Site shall be governed by and construed in accordance
with the laws of the State of Ohio. Any dispute concerning this
site shall be subject to the exclusive venue of a court of competent
jurisdiction in Cuyahoga County, Ohio.
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