Welcome to the Setnor Byer Insurance and Risk ("SBIR") website. Before entering our website, you must read and agree to the terms set forth below (the "Conditions of Use"). Please read this document carefully before accessing and using our website. By accessing and using our website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you will not be allowed to access the website.
Modification of These Conditions of Use and SBIR's Website:
SBIR reserves the right to change the terms of these Conditions of Use without notice at any time. Such changes will become effective immediately. As such, you will be responsible for reviewing these Conditions of Use. Your continued use of SBIR's website shall constitute your acceptance of any modifications to the Conditions of Use. Further, SBIR reserves the right to make changes to its website.
When you visit SBIR's website or send e-mails to SBIR, you are communicating with SBIR electronically. You consent to receive communications from us electronically. SBIR will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Unless otherwise stated, while SBIR may grant you the right to a limited license to use the materials and resources on this website, including its online training courses, document library, and other risk management tools, SBIR retains all Intellectual Property Rights as defined by federal and international law (including, but not limited to, patents, copyrights, trademarks, and service marks) for the entire contents of this website, including, but not limited to, online training courses, document library, text, graphics, logos, button icons, flash movies, images, audio clips, digital downloads, and software. Without implication of limitation, SETNOR BYER INSURANCE AND RISK and TALKING INSURANCE IN A NEW KIND OF WAY and other marks indicated on SBIR's site are registered trademarks of SBIR or its affiliates, in the United States and other countries. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SBIR. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SBIR's website and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing SBIR's name or trademarks without the express written consent of SBIR. Any unauthorized use immediately terminates the license granted by SBIR.
SBIR will develop any such portal with materials in which it retains all Intellectual Property Rights as defined by federal and international law (including, but not limited to, patents, copyrights, trademarks, and service marks).
If you use SBIR's site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Disclaimer of Warranty/Limitation of Liability
SBIR provides this website and related information on an "as is" and "as available" basis. SBIR makes no express or implied warranties, representations, or endorsements of any kind, or as to the operations of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.
To the extent permissible by applicable law, SBIR disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SBIR does not warrant that this website, its servers, or email sent from SBIR are free of viruses or other harmful components. SBIR will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Further, SBIR does not warranty the fitness, stability, or durability of any client portals it creates on this website. Any client portals SBIR creates shall be provided for an indefinite term, and SBIR reserves the right to terminate any and all client portals for its website upon sixty (60) days written notice.
Client Intellectual Property
You shall retain all Intellectual Property Rights as defined by federal and international law in any materials you own and place on this website.
You will have the right to access and use any materials (i.e., policies, forms, programs, etc.) that you may create based upon the resources and materials included on SBIR's website. Notwithstanding the foregoing sentence, SBIR reserves the right to access and use any such materials so long as they are maintained on SBIR's website.
Client Posted Materials
If you post content or submit materials on any client portal created by SBIR for you on this website, unless SBIR indicates otherwise, you grant SBIR and its affiliates a non-exclusive, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Third Party Links
Linked websites are not under the control of SBIR, and SBIR is not responsible for the contents of any linked site or any link contained in a linked site. SBIR provides links to you only a convenience, and the inclusion of any link does not constitute an endorsement by SBIR of the site.
Applicable Law and Jurisdiction
By visiting SBIR's website, you agree that the laws of the state of Florida, without giving effect to conflict of laws rules, will exclusively govern these Conditions of Use and any dispute of any sort that might arise between you and SBIR or its affiliates. Any dispute relating in any way to your visit to or use of SBIR's website shall be resolved by litigation exclusively in the courts of Broward County, Florida, including the federal courts therein, if applicable, and the parties consent to the jurisdiction and venue of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.
Given the international nature of the Internet, you agree to comply with al local rules, including, but not limited to, rules regarding the Internet, data, e-mail, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Privacy Laws and Indemnification
You warrant that your use of this website, including, but not limited to, any information you place on this website through any client portal SBIR creates for you, fully complies with any and all federal, state and/or local privacy laws, including, but not limited to, the Grahm Leach Bliley Act ("GLBA") and the Health Insurance Portability and Accountability Act ("HIPAA").
In the event that your use of this website is found not to be in compliance with GLBA, HIPAA, or any other federal, state, or local privacy law, you agree to hold SBIR, its shareholders, directors, officers, attorneys, employees and affiliates, harmless from and against any and all claims, liabilities, judgments, penalties, and taxes, civil and criminal, and all costs, expenses (including, but not limited to, reasonable attorneys' fees incurred with or without litigation, and in litigation, at both trial and appellate levels, and expenses not otherwise taxable as court costs, including but not limited to, investigation and expert witness fees to the extent not taxable as court costs) incurred with any lawsuit based on your use of this website.
In addition, you agree to hold SBIR, its shareholders, directors, officers, attorneys, employees and affiliates, harmless from and against any and all claims, liabilities, judgments, penalties, and taxes, civil and criminal, and all costs, expenses (including, but not limited to, reasonable attorneys' fees incurred with or without litigation, and in litigation, at both trial and appellate levels, and expenses not otherwise taxable as court costs, including but not limited to, investigation and expert witness fees to the extent not taxable as court costs) resulting from any violation of these Conditions of Use, including, but not limited to, negligence or wrongful conduct, by you or your use of SBIR's website.
SBIR's failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. SBIR may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be seemed severable and shall affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Setnor Byer Insurance & Risk is committed to protecting your privacy and implementing technology that gives you a safe online experience.
Because this website, www.setnorbyer.com, wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and has agreed to notify you of:
- what personally identifiable information or third party personally identifiable information is collected through the web site;
- the organization collecting the information;
- how the information is used;
- with whom the information may be shared;
- what choices are available to you regarding collection, use, and distribution of the information;
- the security procedures that are in place to protect the loss, misuse, or alteration of information under www.setnorbyer.com control; and
- how you can access, correct, and update your information.
If you have questions or concerns regarding this statement, please Contact Us.
Information Collection and Use
Setnor Byer Insurance and Risk is the sole owner of the information collected on this site. We will not sell, share or rent this information to others in ways different from what is disclosed in this statement. Setnor Byer Insurance and Risk collects information from our users at several different points on our website.
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For session cookies, once the user closes his/her browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time.
For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, he/she may still use our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.
We use IP addresses to analyze trends, administer the site, track users' movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Disclosure When Required By Law
We may disclose personally identifiable information when required by law.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
If a user wishes to subscribe to our newsletter, we ask for contact information, such as name and e-mail address.
We take every precaution to protect our users' information.
When you submit sensitive information via the Website (such as credit card number), your information is protected with Secure Socket Layer (SSL), the industry-standard encryption software.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information offline. Our site and all customer data reside on our secure in-house server, behind our firewall. We use VeriSign as our Certification Authority (CA). Our customer database is backed up regularly, and access to personal account information is limited to only those employees who need the information to perform a specific job. Employees must use password-protected screen-savers when leaving their work area, which further protects customer information from unauthorized access.
All employees are kept up-to-date on our security and privacy practices. During orientation, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our clients' information remains secure and protected at all times. If you have any questions about the security at our Website, please Contact Us.
We send all new members a welcoming e-mail to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we present the option to not receive these types of communications. Please see our choice and opt-out below.
Site and Service Updates
We also send the user site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services, and in regard to issues relating to his/her account via e-mail or phone.
Correction/Updating Personal Information
If a user's personally identifiable information changes (such as email address), or if a user no longer desires our service, we will endeavor to provide a way to correct, update, or remove that user's personal data provided to us. You may unsubscribe to our service by e-mailing our Customer Support or calling us at 1-800-521-9667. For personal information changes, please edit your profile under the "my home" section once you are logged in.
Users who no longer wish to receive our newsletter or promotional materials from us on behalf of our partners may opt out of receiving these communications by e-mailing email@example.com. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether they should proceed with services that require an outside party or not.
Notification of Changes