Your use of the Online Facilities constitutes your consent and agreement to these Terms. Services may change these Terms at any time. Any changes will become effective when the revised Terms are posted on the Online Facilities or you are otherwise notified of such changes. Your use of the Online Facilities following these changes means that you accept the revised Terms.
IF YOU ARE USING THE ONLINE FACILITIES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS.
Jurisdictional Issues; Compliance with Laws. The Online Facilities are controlled and operated from the United States, and are not intended to subject Services to the laws or jurisdiction of any state, country or territory other than that of the United States. The Online Facilities and Products (as defined below) may not be appropriate or available for use in some non-U.S. jurisdictions. You must comply with all applicable laws, rules and regulations in using the Online Facilities and Products with respect to your physical location.
Rules of Conduct. You must not post, transmit or otherwise make available any materials through or in connection with the Online Facilities that may be illegal or objectionable to Services; or use the Online Facilities in any manner that may be illegal, objectionable to Services, or in a manner not intended by the corporation.
- Prohibited materials include, without limitation: any computer code, file, or program that is or may be harmful or invasive or intended to damage or impair the operation of, or to monitor the use of, any hardware, software or equipment.
- Prohibited activities include, without limitation:
- harvesting or collecting information about users of the Online Facilities;
- interfering with or disrupting the operation of the Online Facilities or the servers or networks used to make the Online Facilities available;
- exploiting any portion of (or using) the Online Facilities except as expressly authorized herein;
- reverse engineering, decompiling or disassembling any portion of the Online Facilities, except where such restriction is expressly prohibited by applicable law; and
- using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or otherwise gather content of the Online Facilities, or reproduce or circumvent the navigational structure or presentation of the Online Facilities.
DISCLAIMER. The Online Facilities may make available listings, links, services, and descriptions and images of goods or services (collectively, "Products"). Such Products may be made available by third parties ("Third Party Products"). THE ONLINE FACILITIES AND ANY PRODUCT AND THIRD PARTY PRODUCTS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. SERVICES DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ONLINE FACILITIES AND ANY PRODUCTS AND THIRD PARTY PRODUCTS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION: THAT THE ONLINE FACILITIES WILL BE UPDATED, COMPLETE, CORRECT, OR SECURE; AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE ON BEHALF OF BOTH SERVICES AND SERVICES’ SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS (COLLECTIVELY, “INTERESTED PARTIES”), AND AFFILIATES SPECIFICALLY DESIGNATED BELOW (“DESIGNATED AFFILIATES” AND, COLLECTIVELY WITH THE INTERESTED PARTIES, THE "AFFILIATED ENTITIES").
Use of Third Party Products. YOUR USE OF THIRD PARTY PRODUCTS IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY PRODUCTS (SUCH AS TERMS OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY PRODUCTS).
Registration; User Names and Passwords. You may need to register to use all or part of the Online Facilities. Unauthorized access or use of such portions of the Online Facilities is prohibited. Your user name and password are for your personal use only, should be unique to these services, and should be kept confidential and secure. You must promptly notify Services of any confidentiality breach or unauthorized use of your user name or password, or your account.
Submissions. You represent and warrant that any information you provide through or in connection with the Online Facilities (each, a "Submission") is and will remain accurate and complete, and you will update such information as needed. For each Submission you make, you hereby grant to Services a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose. The above license grant applies to all Submissions; but, for the avoidance of doubt, any personal data submitted through the Online Facilities remains subject to the Services Privacy Notice, set forth below.
Transactions. Services may make available the ability to make payments in connection with certain Products through the Online Facilities (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your billing address and your shipping information. By submitting such information, you grant to Services the right to provide such information to third parties for purposes of facilitating Transactions. You agree to pay all charges incurred by you or on your behalf through the Online Facilities, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders and payments by e-mail, the receipt of an e-mail confirmation does not constitute our acceptance of an order or payment, or our confirmation of an offer to sell a Product.
Proprietary Rights. The Online Facilities are protected by proprietary rights and laws. You may refer to, copy and use material on the Online Facilities for personal, non-commercial purposes only and provided that your copies retain all copyright, trademark and other proprietary notices that appear on the original screens. Services and logos owned by Services are registered trademarks of Blackboard U.S. Holdings, Inc in the U.S. and other countries. Other trademarks, service marks, trade names, logos, URLs, domain names and icons appearing on the Online Facilities, whether registered or not, are owned by Services or the Affiliated Entities. As between you and Services, all aspects of the Online Facilities are proprietary to Services. Nothing contained on the Online Facilities should be construed as granting any intellectual property rights to the Online Facilities (or any portion thereof), including any right to use any of the trademarks appearing on the Online Facilities, without the express prior written consent of the owner.
App Limited License. The App is licensed (not sold) to end users. Subject to your compliance with these Terms, and solely for so long as you are permitted by Services to use the App, Services hereby permits you, on a limited, non-exclusive, revocable, non-transferable, non-sub-licensable basis, to install and use the App on a mobile device that you own or control.
LIMITATION OF LIABILITY. SERVICES WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS) BUSINESS INTERRUPTION, TECHNOLOGY PERFORMANCE OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, SERVICES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ONLINE FACILITIES OR FROM ANY PRODUCTS OR THIRD PARTY PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ONLINE FACILITIES OR ANY PRODUCTS OR THIRD PARTY PRODUCTS IS TO STOP USING THE ONLINE FACILITIES. THE MAXIMUM AGGREGATE LIABILITY OF SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY U.S. DOLLARS ($50.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE ON BEHALF OF BOTH SERVICES AND THE AFFILIATED ENTITIES.
Applicable law may not allow for limitations on certain warranties, or exclusions or limitations of certain damages; if such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Services and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Online Facilities (including all Submissions); and (b) any violation or alleged violation of these Terms by you.
Termination. These Terms are effective until terminated. Services may terminate or suspend your use of the Online Facilities at any time and without prior notice, including if Services believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Online Facilities will immediately cease, and Services may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.
Governing Law; Arbitration. The terms of these Terms are governed by the laws of the State of Delaware, without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR AND ARE FILED IN SMALL CLAIMS COURT, ALL DISPUTES ARISING EXCLUSIVELY OUT OF THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT SERVICES AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be governed under the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Services that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have a uthority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. The courts of the State of Delaware will have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the arbitration. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against Services for you.
Contact Services. If you have a question, comment or complaint regarding the Online Facilities, please send an e-mail to [email protected] You may also contact Services by writing to Services, Attn: Blackboard Insurance, 120 Broadway, 17th Floor, New York, NY 10271. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with Services. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Government Users. The App and related documentation are, respectively, "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined and used in 48 C.F.R. §2.101, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, licensed subject to the limitations of 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Miscellaneous. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Notices to you (including notices of changes to these Terms) may be made via posting to the Online Facilities or by e-mail (including in each case via links), or by regular mail.
Third Party Beneficiaries. Each Affiliated Entity is a third party beneficiary to these Terms with the full right to enforce the terms hereof.
Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Services in accordance with the "Contact Services" section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Services’ right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
Google Maps Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the Google Maps functionality that may be embedded in the App. Your use of such functionality is governed by the Google Maps/Earth Additional Terms, which are available at http://www.google.com/help/terms_maps.html. By using such functionality, you are agreeing to be bound by Google’s Terms.
Microsoft Bing Maps Specific Terms. In addition to your agreement with the foregoing terms and conditions, your use of any Bing Maps functionality embedded within the Online Facilities shall be subject to the Terms found at http://www.microsoft.com/maps/assets/docs/terms.aspx.
Privacy Notice. Services is required to protect its customers’ nonpublic personal financial information. Services collects your nonpublic personal financial information from the following sources:
- Information obtained from you, including information from your application, such as name, address, telephone number, social security number, assets and income
- Information about transactions and experiences, such as your premium payment and claims history
- Information from a consumer reporting agency, such as your credit history
SERVICES DOES NOT DISCLOSE THE NONPUBLIC PERSONAL FINANCIAL INFORMATION OF ITS CUSTOMERS OR FORMER CUSTOMERS, EXCEPT AS PERMITTED OR REQUIRED BY LAW. SERVICES RESERVES THE RIGHT, HOWEVER, TO CHANGE THIS POLICY AT ANY TIME. SHOULD THIS POLICY CHANGE SERVICES WILL GIVE AFFECTED CUSTOMERS AN OPPORTUNITY TO DIRECT THAT THEIR NONPUBLIC PERSONAL FINANCIAL INFORMATION NOT BE DISCLOSED.
Services maintains electronic, physical and procedural safeguards that comply with federal regulations to protect your nonpublic personal financial information. Services limits access to your nonpublic personal financial information to those employees who need to know that information to perform their job responsibilities.
Services may disclose nonpublic personal financial information of former customers to affiliated and nonaffiliated third parties as permitted by law.
Subject to the foregoing, Services reserves the right to use any and all personal and commercial financial and other information provided by you for the purpose of conducting, either directly or through its Designated Affiliates, any and all reasonable and appropriate insurance marketing, producing, soliciting, and selling of insurance products and the administration of such insurance products, including without limitation claims administration, data analysis, and risk management functions.
Should you have a question about the use or accuracy of your personal data, you may electronically contact [email protected]
Designated Affiliates: None