Member Agreement

 

Consideration

 

In exchange for your agreement of the Member Agreement, along with your participation in the Allstate Online Community, you will be sent one $10 gift certificate to Amazon.com each month and a half period as long as you have participated in at least four community activities during such period. You agree that any such gift certificate constitutes adequate consideration for your agreement to the terms of the Member Agreement, including, but not limited to your assignment of all intellectual property rights in any ideas, comments, suggestions, graphics, or other materials you share with Allstate throughout your involvement in the Allstate Online Community, to Allstate, as detailed further below. 

 

Definitions

 

"you" or "your" means the person who accepted the terms of the Member Agreement. 

 

"Allstate" means Allstate Insurance Company and its affiliates.

 

 

Notification of Changes

 

We may change or revise this Member Agreement from time to time by updating this posting.  Please visit the Member Agreement area each time you visit the web site to keep up to date with the current terms regarding your use of the web site.  Your use of the web site reaffirms your continuing agreement to the then-current Member Agreement.  Any future changes to this Member Agreement will be posted on the community web site.

 

Confidentiality

 

Your invitation to participate in the Allstate Online Community is personal and non-transferable. You may not disclose to others any of the information that we disclose to you or any ideas or information that are generated in the community.  Your community member name and password are for your use only.  You may not disclose your password to any other person. 

 

Assignment

 

By providing content on this site ("User Contentť") to Allstate, which includes submitting or uploading content or materials for use on the site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Allstate an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you.   Under this assignment, regardless of the time of issuance of the electronic gift certificate(s) referenced above, all User Content will become and remain the exclusive property of Allstate, including any future rights associated with such submissions, even if this Member Agreement is later modified or terminated.  This assignment includes any ideas or expressions of ideas, including all comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Allstate through this web site.  You agree that you disclaim any proprietary rights in such submissions, and you acknowledge Allstate's unrestricted right to use them (or materials or ideas similar to them) at Allstate's sole discretion in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.   You further agree that you shall waive all claims and have no recourse against Allstate for any alleged or actual violation, infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Allstate. Any communication or materials you send Allstate through this site will be treated as non-confidential and non-proprietary and may be disseminated or used by Allstate for any purpose, including, but not limited to developing, creating, or marketing products or services.

 

General Waiver

 

You further release and waive all claims against Allstate with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.

 

 

Privacy

 

We respect and make efforts to protect the privacy of all users of our site. Our current Privacy Policy available at http://www.allstate.com/about/priv.asp is incorporated herein by reference and made a part of the Member Agreement. Please note that any of your personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Allstate provided, that in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Allstate.

 

Code of Conduct

 

You agree to abide by these rules of conduct: 

 

●  You agree not to upload, post , transmit to,  distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using the Web Site, or contain a virus or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Web Site or are libelous, defamatory or offensive. 

●  You agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of Allstate.

 

·         Only those who are members of the community may access it.

·         Unless specifically told otherwise, you must keep confidential all information that Allstate, other community members, and you share with the community.

·         You agree  to use behavior that supports a safe and comfortable environment for all members, and not to engage in any  commercial activity.

·         You agree not to copy or download any copyrighted material.

·         You agree to receive emails from the Community regarding Community Activities.

·         You agree not to give your password to any third party.

 

Membership

 

Your membership in and access to the Allstate Online Community is strictly at the discretion of Allstate and may be revoked at any time without cause and without notice. You hereby release Allstate from any and all liability that may arise in connection with your use or participation of the Allstate Online Community

 

Disclaimer

 

Allstate does not represent or endorse the correctness, accuracy, reliability or any other aspect of advice, opinion, statement or other information distributed through the Allstate Online Community, and reserves the right to remove any content from the community website that it deems inappropriate.

 

Allstate and/or its agencies endeavor to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, Allstate expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. This web site is provided on an “as is” basis.  Allstate makes no warranty that (i) the operation of the web site will meet the user's requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not Allstate) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.

 

Indemnification and Limitation of Liability

 

Under no circumstances shall Allstate and/or its agencies be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action based on contract, negligence or other tortious act, arising out of or in connection with the use or performance of the website or information available in the web site. Allstate shall not be liable even if Allstate or a Allstate authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

 

You agree to defend, indemnify and hold Allstate, its employees, directors, officers andagents harmless from any claim or demand made by any third party against Allstate due or arising out of your participation in the Allstate Online Community and/or any breach by you of the provisions of this agreement.

 

Jurisdiction

 

This Member Agreement and any disputes arising under or related to this Member Agreement (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Illinois, without reference to its conflicts of law principles.  You agree to submit to jurisdiction in Illinois and further agree that any cause of action arising under this Member Agreement will be brought in a court in Cook County, Illinois, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of this Member Agreement.  You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, this Member Agreement.

 

Severability

 

If any provision of this Member Agreement is held invalid, void or unenforceable, that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.