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Terms of Use


PICO HOLDINGS, INC.
TERMS OF USE


PICO Holdings, Inc., including its affiliates (hereinafter, "PICO"), grants you access to this website (the "Site") conditioned on your acceptance of the terms, conditions and notices contained herein (these "Terms of Use"). For the purposes of these Terms of Use, "Content" means, collectively, any text, images, videos, software, code, applications, specifications, audio files, articles, and other information or content available through the Site.

You are also subject to the PICO Privacy Policy. You agree that PICO may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you. When you access, use or browse the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them.

These Terms of Use are effective as of May 15, 2008 and are updated as of July 12, 2019.

1. Acceptance of Terms.
Please read these Terms of Use and PICO's Privacy Policy carefully. By using the Site, you agree to these Terms of Use, and you consent to the collection, use and disclosure of information as described in our Privacy Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must exit the Site immediately and discontinue any use of any Content.

2. Use and Restrictions.
The Site is provided solely as a convenience to you for non-commercial use. You may use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that PICO, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site. You further agree that you will not: (a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site.

3. Copyright
The Content and the Site, as well as the selection and arrangement thereof, are the sole property of PICO and/or its licensors, may be protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with PICO's express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, PICO grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by PICO's licensors may be subject to additional restrictions.

4. Trademark
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to PICO, its subsidiaries and affiliates, or such marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of PICO, and you may not remove or otherwise modify any trademark notices from any Content.

5. Modifications
As noted above, PICO reserves the right, at any time and from time to time, without notice, to modify, alter, or update these Terms of Use, and your continued use of the Site after such modifications, alterations or updates signifies your agreement to be bound by such modifications, alterations or updates. PICO may also, directly or indirectly, make improvements and/or changes in the Site or any portion thereof at any time without notice or obligation to you.

Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, PICO reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.

6. Links to Third Party Websites

The Site may contain links to websites and other resources operated by third parties other than PICO. Such links are provided solely as a convenience to you. PICO does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

7. Warranties and Disclaimer
THE SITE AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PICO DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO PICO THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

8. Limitation of Liability
PICO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9. Governing Law
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be venued exclusively in Wahoe County, Nevada, USA. These Terms of Use and the relationship between you and PICO will be governed by the laws of the state of Nevada, USA, without giving effect to principles of conflict of laws of any jurisdiction.

10. Miscellaneous
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between PICO and you and any proceedings in connection with these Terms of Use and/or your use of the Site, exclusively shall be made in, the English language. PICO and you waive any rights they may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PICO as a result of these Terms of Use, our Privacy Policy or any use of the Site. PICO's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of PICO's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PICO with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and PICO with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PICO with respect to the Site. We may provide notice to you hereunder by posting announcements to the Site.