Client Access Agreement
GREGORY B. BRAGG AND ASSOCIATES, INC. provides this Client Access
Service, (the Service), as defined in the agreement below, subject
to your compliance with said Agreement.
Any means of identification assigned to you by GREGORY B. BRAGG AND
ASSOCIATES, INC. (i.e. usernames passwords) will remain the property of
GREGORY B. BRAGG AND ASSOCIATES, INC. and at GREGORY B. BRAGG AND
ASSOCIATES, INC.'s sole discretion may be altered or replaced at any time.
GREGORY B. BRAGG AND ASSOCIATES, INC. makes no guarantees as to the
continuous availability of the Service or any specific feature of the
Service. GREGORY B. BRAGG AND ASSOCIATES, INC. reserves the right to
change the Service or any of its features at any time with or without notice.
You are the only individual who is authorized to access the Service through
your credentials supplied by GREGORY B. BRAGG AND ASSOCIATES, INC. You must
not permit anyone else to access the Service through your account. There
may not be any simultaneous usage of your account or username from two or
more computer systems.
You are solely responsible for maintaining the confidentiality of passwords.
Except for software provided by GREGORY B. BRAGG AND ASSOCIATES, INC., you
are responsible for providing and maintaining all equipment and other software
necessary to access the Service.
You will not use the Service or permit others to use the Service through your
user credentials in any way that violates any law or regulation; subjects
GREGORY B. BRAGG AND ASSOCIATES, INC. to liability; or is in contravention
of GREGORY B. BRAGG AND ASSOCIATES, INC.'s Acceptable Use Policy. You agree
to comply with all GREGORY B. BRAGG AND ASSOCIATES, INC. security procedures
and standards and to be bound by the terms and conditions of the End User
License Agreement for any software provided to you.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE
INTERNET. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREGORY
B. BRAGG AND ASSOCIATES, INC. DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL
ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER
HARMFUL COMPONENTS. GREGORY B. BRAGG AND ASSOCIATES, INC. MAKES NO EXPRESSED OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING,BUT NOT LIMITED TO,
WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE
PROVIDED THROUGH GREGORY B. BRAGG AND ASSOCIATES, INC. OR ON THE INTERNET GENERALLY. NO
ADVICE OR INFORMATION GIVEN BY GREGORY B. BRAGG AND ASSOCIATES, INC., ITS EMPLOYEES,
AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
GREGORY B. BRAGG AND ASSOCIATES, INC. SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES
ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE,SERVICES,
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
UNDER NO CIRCUMSTANCES SHALL GREGORY B. BRAGG AND ASSOCIATES, INC., ITS EMPLOYEES,
AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR
USER CREDITIALS OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE
INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION PROVIDED
ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE.
You agree to defend, indemnify, and hold GREGORY B. BRAGG AND ASSOCIATES, INC. and
its affiliates harmless from any and all liabilities, costs, and expenses, including
reasonable attorneys' fees, related to or arising from: any violation of this Agreement
by you or those who access the Service through your user credentials; AND, the use of
the Service or the Internet and the placement or transmission of any message, information,
software, or other materials on the Internet by you or by those who have access to the
Service through your user credentials.
This Agreement is effective from your acceptance thereof, which is indicated by your
clicking the "Worker's Compensation" or "Liability /Property " link below this
Agreement or upon establishment of your user credentials. Your continued use of the
Service constitutes your acceptance of this Agreement.
GREGORY B. BRAGG AND ASSOCIATES, INC.'s right to enforce the provisions of this agreement
survive termination of this Agreement or any contractual relationship.
GREGORY B. BRAGG AND ASSOCIATES, INC.‹s failure to enforce strict performance of any
provision of this Agreement shall not be construed as a waiver.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California, United States of America, without regard to its conflicts of
law provisions. Any cause of action you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises or such claim
or cause of action is barred.
Any action at law, suit in equity, or other judicial proceeding concerning, relating to,
arising from, or touching upon in any way, no matter how remotely, the contract for
services between you and GREGORY B. BRAGG AND ASSOCIATES, INC. and/or your use of
and/or GREGORY B. BRAGG AND ASSOCIATES, INC.'s provision of systems and services
thereunder, shall be brought and litigated, if at all, only in the state court system
of the State of California. In such event, you acknowledge the right of the specified
court to assert personal jurisdiction in any such action over you and waive and release
now and forever any defense to that assertion of jurisdiction that might otherwise exist.
Neither this Agreement, nor any of your rights or obligations arising hereunder, shall
be transferable by you to any third party without GREGORY B. BRAGG AND ASSOCIATES, INC.'s
prior written consent.
GREGORY B. BRAGG AND ASSOCIATES, INC. reserves the right to alter, amend or modify this
Agreement at any time.