South Dakotas

The websites, ciab.com and ciab.org, of The Council of Insurance Agents & Brokers (“The Council”) are information centers for the commercial insurance industry. The following terms and conditions apply to all use of The Council’s web sites. By using these sites, you have agreed to comply with the policies and rights set forth below.

In addition to the policies and rights set forth below, any use of The Council’s web sites or any other use of the World Wide Web is governed by all applicable laws and regulations. This includes all applicable local, state, national and international laws and regulations that may apply to communications over the World Wide Web. This includes, with limitation, laws relating to copyright, trademark, obscenity, defamation, privacy rights, false advertising, fraud, antitrust and “anti-competitive” activities and other unfair trade practices.

This service (including, but not limited to text, content, photograph, video and audio) is protected by copyright as a collective work of compilation under US copyright and other laws. You must abide by all additional copyright notices or restrictions contained in this service.

You may create web links to any URL on The Council’s site, including articles.

You may not copy, reproduce, distribute, publish, display, perform, or in any way exploit any part of this service, except that you may download material from this service for your own personal, noncommercial use. Without limiting the generality of the foregoing, you may not distribute any part of this service over any network, including a local area network, nor sell nor offer it for sale without the express written consent of The Council. In addition, these files may not be used to construct any kind of database.

Disclaimer of Liability

The Council shall not be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. IN NO EVENT SHALL THE COUNCIL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF THE USE OF THIS SYSTEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

Indemnification

User agrees to defend, indemnify, and hold harmless The Council, its contributors, any entity jointly created by them, their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the on-line service by user or user’s account.

Disclaimer of Warranties/Accuracy of Data

Although the data found using The Council’s Home Page have been produced and processed from sources believed to be reliable, no warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, and reliability of usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. The Council provides this information on an “as is” basis. ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION FROM COMPUTER VIRUSES AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED. Changes may be periodically added to the information herein; these changes may or may not be incorporated in any new version of the publication. If you have obtained information from The Council from a source other than The Council, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that careful attention is paid to the contents of any metadata associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. The information provided hereunder is for general information purposes only. The information on this website is not meant to provide you with legal or professional advice or services. If you find any errors or omissions, we encourage you to report them to webmaster@ciab.com

Disclaimer of Endorsement

The Council distributes content that is sometimes supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of The Council.

Reference herein to any specific commercial products, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by The Council and shall not be used for advertising or product endorsement purposes.

Disclaimer for Hypertext Links

Neither The Council nor its contributors are responsible for the content of any off-site pages referenced. The user specifically acknowledges that neither The Council nor its contributors is liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the users.

Links from The Council’s home page on the World Wide Web to other sites do not constitute an endorsement from The Council. These links are provided as an information service only.

The links contained in this web site will let you leave The Council’s site. The linked sites are not under the control of The Council and The Council is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Council is not responsible for webcasting or any other form of transmission received from any linked site. The Council is providing these links as a convenience, and the inclusion of any link does not imply endorsement by The Council of the site. It is the responsibility of the web user to evaluate the content and usefulness of information obtained from other sites.

Disclaimer of Duty to Continue Provision of Data

User expressly agrees that use of The Council’s Home Page is at the user’s sole risk. The Council does not warrant that the services will be uninterrupted or error free.

Sale of Goods and Services

Users entering the Store of The Council’s site may place orders for products and services. The Store enables Users to complete the forms required to place orders for products and services.

By entering the Commerce Area, Users agree that their completion of order forms and transmission of the forms to vendors creates binding contracts. Users also agree that the terms of all such contracts shall be interpreted in accordance with Article 2 of the Uniform Commercial Code (“UCC”). Users agree that the fact that they complete order forms online, rather than on paper, does not affect the binding nature of these contracts. Users agree that they will not challenge the validity, legality or enforceability of any contract they enter at the Store. In particular, Users agree to not contest any contract based on any law that relates to whether an agreement is “in writing” or “signed” by a party against whom the contract is to be enforced.

Use of Personal Information

The Council will not collect any personally identifiable information about you (e.g., your name, address, telephone number or email address (“personal data”) through our web site unless you have provided it to us voluntarily. If you do not want your personal data collected, please do not submit it to us.

When you do provide us with personal data, we may use that information in the following ways, unless stated otherwise: we may store and process that information to better understand your needs and how we can improve our products and services. We do not now and do not intend to sell, rent or market personal data about you to third parties.

Information Placed Automatically on Your Computer – Cookies

When you view The Council’s web site, The Council may store some information on your computer. This information will be in the form of a “Cookie” or similar file and can help us in many ways. For example, Cookies allow us to tailor a web site to better match your interests and preferences. With most Internet browsers, you can erase Cookies from your computer hard drive, block all Cookies or receive a warning before a Cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.