Terms of use

Introduction:

Welcome to https://parametrixinsurance.com (together with its subdomains, Content, Marks and services, the “Site”).

Please read the following Terms of Use (the “Terms”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to your use of the Site. By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with Parametrix Solutions Inc. (“Parametrix”, “we”, “our” or “us”) and have understood and agree to comply with, and be legally bound by, these Terms and the Privacy Policy which is incorporated by reference herein.  You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by these Terms please do not access or use the Site.

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Term 1:

The Site is intended to provide you with information about our services and to allow you to contact us, purchase insurance coverages, and use our dashboard.

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Term 2:

We reserve the right, at our discretion, to change these Terms at any time.  Such changes are effective immediately when we post them, and your continued use of the Site thereafter means that you accept those changes.

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Term 3:

Ability to Accept Terms. The Site is only intended for individuals aged eighteen (18) years or older.  If you are under 18 years please do not visit or use the Site.  By using this Site, you represent and warrant that you are at least 18 year so age and able to form a legal contract with us.  If you do not meet these requirements you must not access or use the Site. You are expected to check these Terms each time you access this Site so you are aware of any changes, as they are binding on you.

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Term 4:

Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:

1. Making all arrangements necessary for you to have access to the Site; and
2. Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

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Term 5:

Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms.  You agree not to use the Site:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
3. To send, knowingly receive, upload, download, use, or re-use any Content (as defined herein) that does not comply with the standards set out in these Terms.
4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
5. To impersonate or attempt to impersonate Parametrix, a Parametrix employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Parametrix or users of the Site, or expose them to liability. Additionally, you agree not to:
7. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
8. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
9. Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
10. Use any device, software, or routine that interferes with the proper working of the Site.
11. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
13. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
14. Otherwise attempt to interfere with the proper working of the Site.

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Term 6:

In order to use some of the services of the Site, you may have to create an account (“Account”).  You agree that all information you provide to create an Account or otherwise is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree not to create an Account for anyone else or use the Account of another without their permission.  When creating your Account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure.  You must notify Parametrix immediately of any breach of security or unauthorized use of your Account. As between you and Parametrix, you are solely responsible and liable for the activity that occurs in connection with your Account.  If you wish to delete your Account you may send an email request to Parametrix at info@parametrixinsurance.com
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

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Term 7:

Payments to Parametrix. Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but Parametrix may in the future charge a fee for certain access or usage.  You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.

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Term 8:

Intellectual Property Rights.

1. Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”), and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Parametrix and/or its licensors, are subject in all respects to Parametrix’s Intellectual Property Rights (as defined below). “Parametrix”, the Parametrix logo, and other marks are Marks of Parametrix or its affiliates.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.  “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.  We reserve all rights not expressly granted in and to the Site and the Content.
2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Site, the Content, or our Marks in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the Content or Marks you have made.  No right, title, or interest in or to the Site or any Content or Marks on the Site is transferred to you, and all rights not expressly granted are reserved by Parametrix.  Any use of the Site not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.

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Term 9:

User Submissions.

1. Responsibility. The Site may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions”).  Any User Submission you post to the Site will be considered non-confidential and non-proprietary.  You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them.  We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions posted on the Site at any time and for any reason.
2. Ownership. You represent and warrant that: (a) you own or control all rights in and to your User Submissions and have the right to grant the license granted below to us; and (b) all of your User Submissions do and will comply with the Terms.  You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not Parametrix, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Site.
3. License to User Submissions. By submitting the User Submissions to Parametrix, you hereby grant Parametrix a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Parametrix’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law.  You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
4. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
5. Monitoring and Enforcement. We have the right to: (i) remove or refuse to post any User Submission for any or no reason in our sole discretion; (ii) take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms, infringes any Intellectual Property Right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Parametrix; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (v) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.  Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PARAMETRIX AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We cannot and do not review User Submissions before they are posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

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Term 10:

Information Description. We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility. This Site includes content provided by third parties (including User Submissions).  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by Parametrix, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Parametrix.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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Term 11:

The Site may contain links which enable you to access third party websites that are not owned or controlled by Parametrix. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Parametrix from any and all liability arising from your use of any third party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

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Term 12:

Parametrix permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Parametrix or present any false information about Parametrix and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any Intellectual Property Rights, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

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Term 13:

We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at https://parametrixinsurance.com/privacy-policy/. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

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Term 14:

Warranty Disclaimers.

1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
2. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PARAMETRIX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  PARAMETRIX DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.  THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT PARAMETRIX WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
3. PARAMETRIX DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
4. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, PARAMETRIX DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

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Term 15:

Limitation of Liability.

1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PARAMETRIX SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF PARAMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PARAMETRIX FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO PARAMETRIX FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.

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Term 16:

You agree to defend, indemnify and hold harmless Parametrix and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.

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Term 17:

Term and Termination. These Terms are effective until terminated by Parametrix.  Parametrix, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).  Parametrix shall not be liable to you or any third party for termination of the Site, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.  Upon termination of these Terms, you shall cease all use of the Site.This Section 16 and Sections ‎8 (Intellectual Property Rights), ‎3 (License to User Submissions), ‎12 (Privacy), ‎13 (Warranty Disclaimers), ‎14 (Limitation of Liability), 15 (Indemnity), and 20 (General) shall survive termination of these Terms.

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Term 18:

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Parametrix without restriction or notification to you. Any prohibited assignment shall be null and void.

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Term 19:

Governing Law.  All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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Term 20:

The parties expressly waive any right to a jury trial regarding disputes related to this Agreement.  Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. To the extent permitted by law, you: (a) agree that any proceedings to resolve or litigate any claim, dispute or controversy will be conducted solely on an individual basis (and not in any class action or class-wide proceeding), and that you may initiate such proceedings only on your own behalf; (b) hereby irrevocably waive the right to litigate such claims, disputes, or controversies in court before a jury; and (c) agree not to participate in claims, disputes, or controversies brought in an attorney general or representative capacity, or in consolidated claims, disputes, or controversies involving another person’s claim against Parametrix.

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Term 21:

These Terms shall constitute the entire agreement between you and Parametrix concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

This Site is operated by Parametrix Solutions Inc., 419 Park Ave South, Floor 6, New York, NY 10016.  All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to info@parametrixinsurance.com

Last updated: April 10, 2023

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