Web Site User Agreement

BY USING THE ASSOCIATION OF AVERAGE ADJUSTERS OF THE UNITED STATES’ (THE “ASSOCIATION”) WEB SITE (THE “SITE”), ITS USERS AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS MODIFIED FROM TIME-TO-TIME BY THE ASSOCIATION:

Copyrights and Other Intellectual Property.   Except as otherwise noted on the Site, the Association owns all rights in this Site, including but not limited to, pages, screens, text, images, and the general “look and feel” (collectively “Content”) used on Site.  The posting of Content does not constitute a waiver of any of the Association’s proprietary rights in or related to such Content (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to the User or any third party.  The Content may not be distributed, used or modified in any way without the express permission of the Association, provided that the Content may be copied without permission for personal or educational use, if the copyright and any other proprietary rights and notices contained on the Content are retained.  Any unauthorized use, distribution or alteration of the protected material will result in a violation of US and international copyright laws and is strictly prohibited.

Convenience Documents and Information. The Site may contain form legal documents and other information provided for the convenience of the users of the Site.  Such documents and information are for convenience only, and should not be construed as the offering or delivery of legal advice by the Association or any other party.  Before using any such agreement, Users agree to consult independent legal counsel as to the advisability of using these agreements in their particular circumstances.

Links to and from other web sites. The Site may contain links to third-party web sites.  These linked sites are not under the control of the Association, and the Association is not responsible for and makes no representation as to the accuracy of the content of any linked site or any link contained in a linked site.  The Association incurs no liability for damages or expenses suffered by any User in accessing and using such sites or the content thereof.  The Association is providing these links only as a convenience to the User, and inclusion of a link does not imply endorsement of the linked site, its content, or its operator, by the Association.

Any links to the Site from other web sites must (i) link to the home page of the Site, (ii) not display the content of the Site within a border or frame controlled by or displaying the content of the linking page, and (iii) be promptly removed at the request of the Association.

No Warranties; Limitation of Liability.  The Association does not guarantee that the Content provided is accurate or suitable for any particular purpose, and the Association is under no obligation to update the Content.  The Association does not guarantee that access to the Site, the Content, or information posted on the Site will be uninterrupted, that the Site will be free of viruses or that the Site cannot be tampered with or maliciously accessed by third parties.  THE SITE, THE CONTENT AND ANY FUNCTIONALITY RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE SITE, THE INFORMATION THEREON AND SUCH FUNCTIONALITY IS AT THE USER’S SOLE RISK.

The Association shall incur no liability what so ever for direct or indirect damages, including lost profits or any special, incidental, or consequential damages arising out of connection with this User Agreement or use of the Site, however, arising, including claims for negligence and damages caused by computer viruses.  You agree to indemnify and hold the Association harmless for all claims, losses and expenses resulting from your access of or interaction with the Site, including but not limited to violations of this User Agreement or any membership agreement.

Communications with the Site. If you send a message or information to the Site, such as (but not limited to) an e-mail to its webmaster, you hereby grant to the Association the right to use, distribute, disclose and otherwise handle the communication internally as the Association deems necessary, in its sole judgment, for the provision of services on the Site.  Specific areas on the Site may require public disclosure of confidential information in order to provide services in such areas, and by using such areas, the User hereby consents to such disclosure.

Choice of Law. These Terms and Conditions will be construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

General. The provisions of this User Agreement are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of this User Agreement, and the User Agreement will be construed as if such unenforceable provision had not been contained herein. No waiver by the Association of any right under or provision of this User Agreement will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.   The terms of this User Agreement shall be incorporated into and made a part of any other agreement entered into by the Association and its members.