Definitions

The terms “us”, “we”, and “our” refer to Diana Martinez, Licensed Agent, the owner(s) of this Website and diana-martinez.com. A “visitor” is someone who browses our website. A “member” is someone who has registered with our website to use our Services. The term “user” is a collective identifier that refers to either a visitor or a member. The term “services” refers to any products and/or services we offer, sell or give away.

All text, information, graphics, design, and data offered through our website or Services, whether produced by our members or by us, are collectively known as our “Content”. We distinguish content posted by our members as “Member Content”.

Acceptance of Terms

By using this website, you acknowledge that you have reviewed, understand and agree to be bound by all terms, conditions and notices contained on this website, including, without limitation, these Terms and Conditions and the Privacy Policy. If you do not agree to these terms, you should not use this website.

Copyright, Trademark and other Intellectual Property Rights

We or our licensors own all content contained on this website, including, without limitation, text, graphics, logos, icons, images, video clips, and written materials, and all copyrights therein. The copying, redistribution, or modification of, or creation of derivative works based on, any portion of this website is expressly prohibited. We or our licensors own all trademarks, service marks, logos, slogans, and names of products and services, which may not be used without the prior written authorization of the owner.

All images, articles and other content in this website are owned by us unless otherwise indicated or were obtained from the public domain and are used under the belief that our use of such material does not violate any third-party’s rights to such material. The website and its contents are for the visitor’s personal, noncommercial use. The website may use or refer to intellectual property, including trademarks and copyrights belonging to others. No ownership is claimed over the intellectual property of others. If you are an owner of any intellectual property used on this website and you wish to discuss our use of such intellectual property and/or to have such intellectual property removed, please contact us directly.

No license or right in any of our intellectual property (trademarks, service marks, trade secrets, copyrights, etc.) is granted to any visitor of the website. We reserve the right in our absolute discretion to limit the use of any of our intellectual property.

This website may link, republish or refer to publications, websites or content created or owned by third-parties; you recognize that we do not warrant the accuracy of the content put forth by third-parties. Such connection or reference between this website and third-party resources is not meant to imply any ownership, partnership, control, endorsement, sponsorship, or any other similar relationship between us and any third party, unless otherwise expressly stated.

If you wish to link to this website or republish any of the content contained herein for commercial purposes, then you agree that you shall only do so subject to our granting of authorization and you further agree to immediately remove such link or republication immediately upon demand by us.

Website Materials for Informational Purposes Only

The information, descriptions and materials on this website are provided for general informational purposes only and may not be complete, accurate, or current descriptions of the products and services offered by us or any company we represent. Your use of this website or request for additional information, whether by submission of an online form, by email, or otherwise, does not create a contract of insurance or an insurance policy. All features, content, specifications, products, services, and prices of products and services described or depicted on this website are subject to change at any time without notice. The inclusion of any products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time.

The information, pricing, estimates, and product information on this website may change without notice. Please feel free to contact us directly for information regarding your insurance needs for current information or to discuss specific matters.

The information and discussion on this website is not intended to apply to any particular circumstance or situation and you are invited to contact us directly to discuss your particular needs and goals. Any testimonials provided by our valued clients are not intended to nor should be taken as a warranty or guarantee of performance or result with regard to whether any particular benefit, service, insurance or other product will be offered or provided to you, at any particular price for any particular time period.

Use of Website

You agree you will not use this website, or any of its features, to: (a) solicit or attempt to solicit funds or advertise goods and services; (b) upload, transmit, or otherwise make available software viruses, worms, trojan horses or other harmful or disruptive code or components; (c) disrupt, interfere with or restrict the use of this website by any other user; (d) impersonate any person or entity; (e) upload, transmit, or otherwise make available any commercial promotional materials, including without limitation, spam and chain letters; (f) conduct any illegal activity or further any illegal purpose; or (g) post or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action they reasonably deem necessary to cure or prevent the violation. Notwithstanding any provision in any policy on this website to the contrary, we will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting, transmitting, uploading or otherwise making available such materials.

No Warranties and Hold Harmless

The information contained on this website is for general information purposes only and accessing it or contacting us through the website does not create, guarantee or qualify you for insurance coverage or other service or benefit. We make no guarantee, nor does it warrant that any third-party service/benefit/insurance provider (“Provider”) shall agree to provide or offer any particular product, coverage, benefit, service or price to anyone. We are an insurance broker and are not an insurance Provider. The information, products, benefits, and/or services discussed on this website may not be applicable or available in all areas or to all persons.

We assume no liability for errors or omissions on this website. We do not assume any responsibility and shall not be liable for any damages to or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials from this website. We make no representations regarding the suitability, reliability, availability, accuracy, or timeliness of the website and its contents, and make no commitment or assume any duty to update such materials. To the extent permitted by law, all information contained on this website it provided AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. To the extent permitted by law, we, our parent and affiliates, our business partners, contractors including, without limitation, providers of software, hosting, and other services and equipment related to this website, agents, and the companies we represent shall have no liability for any damages, including, without limitation, direct, indirect, punitive, incidental, or consequential damages including, without limitation, those resulting from lost profits, lost data or business interruption arising out of your use of this website or inability to use this website. In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. The foregoing exclusions and limitations do not apply to the extent prohibited. Please refer to your local laws for any such prohibitions.

This website is provided on an “as is” basis without any warranties of any kind to the extent allowed by applicable law. You agree to hold us harmless and to indemnify it with regard to your use of this website for (1) any and all damages, including but not limited to consequential damages; and (2) any and all claims, including but not limited to claims sounding in contract, tort, negligence, equity or at law. YOU AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR THE CONDUCT OF THIRD-PARTIES OR PROVIDERS IN RELATION TO THEIR PERFORMANCE OR NONPERFORMANCE UNDER ANY INSURANCE POLICY, BENEFIT, PRODUCT OR SERVICE PROVIDED OR OFFERED TO YOU BY SUCH THIRD-PARTY OR PROVIDER.

Links to Other Websites

This website may contain links to other websites. We do not control and are not responsible for the content of third-party websites. Inclusion of any link does not imply endorsement by us. For our policy regarding privacy issues related to third-party websites, please read our Privacy Policy.

No Professional Advice

We are not licensed attorneys and nothing in our website is intended to nor should be taken as legal advice. You are advised to consult with a properly licensed attorney of your choosing regarding any legal questions you may have.

We are not licensed medical practitioners and nothing in our website is intended to nor should be taken as medical advice. You are advised to consult with a properly licensed medical practitioner of your choosing regarding any medical questions you may have.

None of the information contained herein is offered as legal, accounting, medical or other professional advice.

Your Information

We will maintain your information in confidence subject to any applicable law, court order or subpoena, or your authorization of disclosure. We will not provide your information to any marketing companies for commercial purposes.

By emailing us you are authorizing us to use your information for the purpose of providing you services or information that you request us to provide. You recognize that communications by email or the internet may not be secure. As part of performing our services (e.g. services that we provide related to service on your account, underwriting, obtaining quotes, determining eligibility for coverage, processing claims, etc.) we may disclose your information to Providers or third-parties as allowed by your authorization, or under applicable law.

Please note that we cannot control or warrant the security or conduct of any third-parties with regard to information you authorize us to provide to any third-parties as part of providing you services.

Jurisdiction

Any disputes arising out of or related to the use of this website, including, without limitation, any disputes related to these Terms and Conditions shall be governed and enforced exclusively by the laws of the United States and in accordance with the laws of the State of California. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts located in such state.

Severability and Integration Clause

If any provision contained herein is found by a Court or arbitrator of competent jurisdiction to be invalid or unenforceable under California law, the other provisions shall remain in full force and effect and shall be interpreted in a manner to give effect to the remaining provisions regardless of the invalidity or unenforceability of the invalid or unenforceable provision. The provisions specified herein constitute the entire agreement regarding this website unless otherwise specified in a writing mutually executed between you and us or as required under the law.

Changes to these Terms and Conditions

We reserve the right to modify these Terms and Conditions without prior notice. You should check this website periodically to see if any recent changes to these Terms and Conditions have occurred. By continuing to use this website after any such changes, you accept the Terms and Conditions as modified.

Termination

We reserve the right to change, suspend, cancel, or discontinue this website, or any aspect of this website, including any features, content, specifications, products, materials, and services described or depicted on or available through this website, at any time without notice.

Contact

If you have any questions regarding these Terms and Conditions, please contact us at:

[email protected]