Agent Portal Terms
Last revised October 25, 2023
These are the terms and conditions (“Terms”) that govern you and/or your Agency’s use of our website, agent portal, mobile applications, and related online systems and tools (collectively, our “Website”) for you and/or your Agency accessing pricing information, quoting, and policy issuance for insurance products we offer.
When we refer to “we”, “us”, or “our” we mean Boundless Rider Insurance Agency, LLC or any other affiliated company which includes MileUp, Inc., our parent company, as well as our insurance carrier partners including Redpoint County Mutual Insurance Company, Incline Casualty Company, and their respective re-insurance partners.
When we refer to “you”, “your”, or “user”, we mean the person accessing our Website. If the person accessing our Website does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including such business organization.
When we refer to “Agency”, we are referring to the independent agency which employs the person accessing our Website.
By your accessing our Website, your continued use of our Website, and/or your downloading materials from our Website, you agree to abide by these Terms. If you do not agree to abide by these Terms, do not use our Website or download materials from our Website.
Privacy Policy Found on Our Website
Your use of our Website is subject to our Privacy Policy which is separate and additional to these Terms. We collect information about your use of our Website every time you access our Website. This information helps us to better understand how our Website is used, is necessary for us to manage your interaction with our Website and submission of information to our Website and allows us to support improvements to our Website based on individual user interactions.
Use of Our Website
Only authorized users may use our Website, and specifically the agent portal section of our Website. You can only be an authorized user if (i) you have executed a producer agreement with us, (ii) you have a valid license to sell insurance in a jurisdiction in which we sell insurance, and (iii) we have provided you login credentials to our Website and specifically to the agent portal.
Authorized users may only use our Website in accordance with the Terms. No other use of our Website is permitted. If an authorized user uses our Website in violation of the Terms such use will be a breach of the Terms and may be a breach of the terms of your producer agreement with us, subject to claims against you for such breach including potential termination of the producer agreement.
If you are not an authorized user, you must IMMEDIATELY STOP your use of our Website and you MAY NOT use our Website for any purpose going forward.
Insurance State Sale Limitations
Our Website is operated from the US for the purpose of sales of insurance and serving agents and customers only in those states within our states of operation where we are authorized to advertise and sell insurance. We make no assertion that our policies are available for sale in every state or territories in the US. You can find our most up-to-date listing of states for the sale of our insurance products on our Website here. Our Website is operating to support our policyholders and independent agents in marketing and promotion of insurance products only within the states which those agents are authorized to sell insurance.
You are an Independent Contractor
Both you and the Agency are independent contractors, and nothing herein shall be construed to create a relation of employer and employee between you and/or the Agency and us, nor any joint venture or other legal partnership between the parties. You are responsible for all expenses incurred by you in connection with the solicitation of insurance or performance of any of its duties as a licensed insurance producer including the use of our Website, or any other your expenses. You are responsible for selecting the best insurance products for your customers and using your own judgment in choosing insurance products as well as carriers for your customers to purchase products, and the level of insurance so selected. Specifically, you are free to select any carriers for your insurance products for your customers and there is no exclusivity requirement for you to use our Website. In each case subject only to the rules and regulations of your relevant state insurance laws, relevant federal laws, these Terms, and other relevant restrictions impose by relevant carriers to whom you are requesting a quote on behalf of your customers.
The Insurance Policy Controls if Information is Different from Our Website
The complete policy documentation contains the terms and conditions of any insurance sold by our Website. The information available on our Website relating to insurance coverage is only there for informational purposes. You and your customer should always refer back to the complete policy documentation when considering coverage specifics not our Website.
Rates, discounts, coverage terms, and availability are determined state by state, and are only available all specifically approved by the relevant state or territory regulatory authority. Our Website may not and does not alter any of the terms and conditions of any insurance policy and specific coverage. For example, policy documentation may be updated with new rates, additional coverages or removing and/or modifying coverage since our Website was first published. The issuing, renewal, or cancellation of any insurance policy, policy terms and conditions, and rates are subject to underwriting review.
Intellectual Property Found on Our Website
Except where identified on our Website, all materials contained in our Website are either the property of us or used specifically with permission by us, and are protected by federal and state intellectual property and copyright laws. This includes, but is not limited to, all graphics, site design, text, software, audio, video, and pictures, contained on our Website.
We reserve any and all rights in and too all of these materials. You are authorized to view and download materials from our Website for marketing purposes as part of the solicitation of insurance as provided in these Terms. You do NOT acquire any proprietary rights, including any license rights, title, or interest in the materials on our Website and no rights are transferred by your downloading of any such materials or otherwise. In the event you make any copy of the materials on our Website, whether physical or electronic, (i) any and all such copies MUST maintain the restrictions on them as they are published on our Website and further; (ii) you may NOT remove or alter in any fashion the copyright and/or other notices contained on the materials on our Website; and (iii) except as expressly provided to you in these Terms, you may NOT modify, reproduce, display, perform, distribute, transfer, license, sell, summarize, make derivate works from, or otherwise use the materials on our Website to any other person for any purpose whatsoever whether such actions are taken for profit or potential profit or otherwise.
You have not been given, nor by these Terms or the publishing of materials on our Website are you or have you been given, any license or right to use any of the trademarks, service marks, trade names, logos, icons, domain names, and any other similar reference materials used by us in the sale of our products and services (collectively, our “Marks”), without our explicit and specific prior written permission and/or the written permission of the entity who owns the specific Marks in question. You shall not modify, publish, reproduce, republish, create derivative works from, copy, upload, post, transmit, distribute, or otherwise use any of our Website’s content whether part of the Marks or otherwise. Any use by you of any of the Marks is strictly prohibited except as explicitly provided for in these Terms and/or your producer agreement.
We retain the right to enforce all intellectually property rights related to our Marks.
We make no claim to the trademarks of others. Any and all trademarks of others are the property of their respective owners.
Copyrights and Other Intellectual Property
Our Website and its content contain copyrights owned by us or other third parties and all rights are reserved.
How You May Use Our Website
Our Website is to help you do business with us. We authorize you to use our Website for that purpose and no other.
You may not use our Website for any of the following purposes, which are some but not an exhaustive list of improper uses: (a) You may not use our Website in violation of any law or regulation, nor in a manner that is prohibited by a relevant law or regulation; (b) You may not use our Website misrepresenting yourself, using another person’s identity, using another person’s affiliation, otherwise impersonating someone else, or using another person’s login or other access credentials to our Website or any sub-system on our Website such as the Agency portal; (c) You may not use our Website to access accounts you are not specifically authorized to access under the specific rights granted to you; (d) You may not access our Website to invade any persons privacy, including a consumer or a member of the general public or even a member of your family; (e) You may not access our Website to collect motor vehicle records or other information about an individual who you have reason to believe has no intent to purchase a product from us; (f) You may not access our Website for the purpose of infringing or misappropriating any of our Marks or other intellectual property rights, or those intellectual and/or proprietary rights of any third party; (g) You may not use our Website in an attempt to circumvent, violate, facilitate others in assisting or violating, the security protocols we have in place for the proper use of our Website, whether intentional or unintentional, whether negligently or not, whether for what you believe to be an appropriate purpose or not; (h) You may not use our Website to submit, transmit, store, or otherwise use malicious data or software including, without limitation, crawlers, web robots, spiders, wanderers, trojan horse, or other types of malware designed to cause damage, security breaches, or other threats to application security or otherwise limit the functionality of software, hardware, or computer and telecommunications equipment generally; (i) You may not use any material on our Website, the code that is used to create our Website, or any of our Marks on any other website or the building and preparation of any other website; and (j) You may not reverse engineer, decompile, or disassemble the code contained in our Website or any of the tools contain in our Website, such as on the Agency portal.
Further, you may not use our Website to submit, post, share, spread, transmit, reproduce, distribute, or otherwise transfer knowingly false, misleading, defamatory, threatening, obscene, harassing, or otherwise unlawful information. You may not use our Website to take any action in an attempt to interrupt the operation of our Website, nor use any other system to do the same. You may not use our Website to attempt to gain unauthorized access to any other computer, computer system, network, server, or other similar computational system.
If Your Producer Agreement Has Been Terminated
If you are attempting to access our Website as either a terminated agent or agency, you may only use those specific portions of our Agent portal associated with management and servicing of your pre-existing book of business bound with us. You may not use any other portion of our Website, such as to review available coverages for other prospective clients, to run quotes, to use our motor vehicle record reporting tools, etc. Further, when you have no more policies which are covered by us, then you no longer have a right to use the Agent portal or the respective parts of our Website.
If your license or your agency’s license has been terminated, suspended, revoked, or you or it is no longer authorized to sell insurance, you – as of such date – have NO right or permission to use our Website and you much stop using our Website and specifically the Agency portal immediately.
Personal Information You or Your Customer Enter on Our Website
In the use of our Website, you may present and/or submit information to us on behalf of one of your customers in order to consider the purchase of an insurance product or service or receive additional information about us and our products and/or services. In the event you submit any “Personal Information” (which, for the purposes of these Terms shall include any “personal data”, “personal information”, “personally identifiable information”, “personal health information”, “nonpublic information”, and “Personal financial information”, as such terms may be defined by relevant and applicable federal and/or state consumer privacy and/or data security laws which control the collection, use, sharing, storing, transmission, and/or disclosure of personally identifiable information about an individual), you understand and agree that you are bound to maintain the security and confidentiality of the information so submit, and must specifically have the authority from your customer to submit that information to us.
You represent, warrant, and covenant that you shall not submit to us by our Website or otherwise any Personal Information of any other third party (which shall include a customer, prospective customer, or otherwise) that you do not own or otherwise have a right and license and/or authority to submit to us. All information submitted to us by our Website or otherwise, is submitted by you to us with a specific, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, redisplay, publicly perform, disclose and track on our Website, prepare derivative works from, submit to third party data vendors, transmit and distribute such information as we see fit for whatever purposes we deem appropriate including for underwriting, issuing, and/or servicing the products and/or services we and our partners provide.
We May Use Personal Information According to Our Privacy Policy
As discussed elsewhere in these Terms, you may submit Personal Information to us as part of your use of our Website. The specifics of how we use any Personal Information submitted to us by our Website or otherwise is governed by the terms of our Privacy Policy. You understand and agree that in your role as an agent, or otherwise, as you collect personal and/or confidential information of an individual which may be defined by a federal, state, or regulatory authority as Personal Information, including when you submit such information to us by our Website or otherwise, you subject yourself to various consumer privacy obligations as dictated by federal and state law. At a minimum, you agree to comply with the obligations we set for ourselves in our Privacy Policy as if such obligations applied to you and were your obligations personally. You much also ensure you comply with all relevant state and/or federal consumer privacy and/or data security laws which control the collection, use, sharing, storing, transmission, and/or disclosure of personally identifiable information about an individual.
In addition, we may provide to you in your services as an agent to the consumer, certain Personal Information we collect from third party sources or have otherwise collected ourselves from the consumer themselves or otherwise. You are not authorized to sell, transfer, license, reproduce, or otherwise share, nor shall you retain, use, or disclose any such Personal Information we collect and share with you as part of your agent relationship to any other party other than as specifically required in order to deliver your services as an agent in compliance with the Producer Agreement (as defined below in these Terms), our Privacy Policy, and these Terms. You are only authorized to use any of such Personal Information for the commercial purposes as specifically provided in the Producer Agreement.
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of our Privacy Policy at any time. Changes in our Privacy Policy will be effective when the revised Privacy Policy is posted on our Website and/or otherwise communicated to you. Your continued use of our Website after the posting and/or delivery of revised Privacy Policy containing any changes to these Privacy Policy will be considered acceptance of those changes. PLEASE READ OUR PRIVACY POLICY EVERY TIME YOU ACCESS OUR WEBSITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO ALL TERMS OF OUR PRIVACY POLICY AS UPDATED TO DATE.
You Have an Obligation to Present Proper Consumer Privacy Notices
You understand and agree to the various privacy laws and regulations including, without limitation, the Gramm-Leach-Bliley Financial Modernization Act, the California Consumer Privacy Act, the Health Insurance Portability and Accountability Act, and/or any similar state or federal privacy law or regulation, which require the submission of proper notice and receipt of proper authorization from any individual before you may collect Personal Information, and other proprietary and/or confidential information. You covenant to always receive such authorization after providing proper notice before collecting any such Personal Information, and other proprietary and/or confidential information. You covenant that you shall never supply us with Personal Information, and other proprietary and/or confidential information, which you have not received such authorization specifically after providing proper notice.
Access Our Website and Use of Your Login Credentials
You gain the right to use our Website as an agent and specifically the Agent portal after (i) you have entered into a producer agreement with us, (ii) have submitted all requested documentation to evidence your proper license as an insurance agent in the relevant jurisdiction, and (iii) after we provide to you personal credentials in order for you personally to access the Agent portal and for us to track your actions and submission of information to us on our Website.
Our Website, our Agent portal, the Marks and other content we may provide to you as an Agent contain confidential and/or proprietary information of us and other third parties. You have the obligation to ensure that only those individuals who are employed by you whose job functions specifically and necessarily require them to access Personal Information, whether provided by us or whether you collect otherwise, have access to any such information, and you shall restrict any other person or entity from having access to such information.
As described elsewhere in these Terms, collection, submission, and use of Personal Information, and/or confidential and other proprietary may subject the user, collector, and/or submitter to federal and/or state civil and/or criminal penalties. You and your agency specifically assume any and all liability whatsoever for a breach or breaches by you, your Agency, or any of your directors, officers, agents, independent contractors, subsidiaries, affiliates, subcontractors, and/or employees, with respect to any Personal Information, whether provided by us or whether you collect otherwise, whether intentional or not, whether negligent or not, of any federal or state law, or regulatory provision governing consumer privacy and data security of such Personal Information.
Your use of our Website is governed by your specific, signed producer agreement with us (“Producer Agreement”), which may have been signed by a master agent of which you are an affiliate and by which you are otherwise bound to comply with pursuant to the terms of your affiliate master agency relationship agreement, as well as these Terms, and the Privacy Policy. In the event that there is a difference and/or inconsistency between provisions set forth in the Producer Agreement, these Terms, and/or our Privacy Policy, the specific provision providing for the greater protection and security related to Personal Information shall govern, unless a written agreement which specifically identifies such inconsistency has been signed by the parties and provides the controlling standard.
Only Legitimate Users May Access Our Website
You may not use our Agent portal and other credential required aspects of our Website unless you are a legitimate user. If you are not a legitimate user, you may not use any aspect of our Website. You know whether you are a legitimate user if you have been approved by us specifically giving you access to our Agent portal. Any such approval shall occur only after a licensed agent, who has signed a Producer Agreements, and has received credentials from us to access such non-general publicly available sections of our Website. Any other access to the Agent portal and other non-general publicly available sections of our Website is specifically prohibited. We have the right, unconditionally, to discontinue, terminate, reject, limit, prohibit, downgrade access, or otherwise hamper any individuals access to our Website, in our sole discretion, for any reason.
What You Must Do to Notify Us of a Data Incident or Security Incident
You must immediately (which shall be no later than one (1) calendar day) provide us with notice if you become aware of a suspected or potential or actual data compromise or security incident, including a data breach, cybersecurity intrusion or event. This would apply to incident or potential incident impacting any Personal Information we may have shared with you or any system that you may have used to connect to our Website or other technology systems, or that could lead somehow impacting any such information or systems. All reporting shall be sent by email to [email protected] and by telephone call to 800-814-7231.
Unless specifically required otherwise by state or federal law or relevant regulatory requirements, you shall notify us before notifying any other third parties. If you are required to notify a third party first, including a relevant government entity, you agree to immediately (which shall be no later than one (1) calendar day) thereafter notify us.
You are Responsible for All Actions Taken Using Your Login Credentials
Portions of our Website including specifically our Agent portal operate as a secure portal, unavailable to the general public and only accessible using credentials specifically provided to each authorized user. Login credentials are controlled and accessible only by a single user and rely on a user maintaining the security of the individual’s email accounts. In the event an Agency is made up of more than one individual who will require access to one of our secure portals, the Agency must provide us with the listing of the name and email address for each person who requires access. Further, the Agency must ensure that only the one person whose email has been provided has access and control of the relevant email provided and the associated credentials to access our secure portals. No joint or shared email accounts are authorized to receive credentials to our secure portals. You as the individual user agree that you will not allow any other person to use your login credentials. Any Agency is required to ensure that no user for whom the Agency requested a login credential allows any other person to use the authorized user’s login credentials.
We STRONGLY recommend you and your Agency require two-factor-authentication and/or similar factors to control access to your email account(s) and limit the potential of a nefarious person or entity using your email account to impersonate you. And, further, to better secure the credentials we provide to you as you are required by federal and state law, regulatory provisions, as well as these Terms and the Producer Agreement to secure Personal Information and other confidential and/or proprietary information we may share with you.
YOU AGREE TO KEEP YOUR LOGIN CREDENTIALS CONFIDENTIAL. You agree not to share your login credentials with any other person or entity, and not to allow any other person or entity to use your login credentials. You have the ability at any time to reset access to your long credentials, it does not require engagement with us. If you have reason to believe that someone or entity has gained access to your long credentials, whether or not such person or entity has taken any action on using such login credentials, you must promptly notify us with sufficient detail in order for us to evaluate whether any action has been taken with such credentials, especially access to Personal Information. You may notify our Agent Support Team by email at [email protected] or by telephone at 800-814-7231 if you have reason to believe either (i) someone has gained access to your login credentials, or (ii) someone has actually used your login credentials to access our Website.
You agree that it is commercially reasonable for us to assume that any action taken by a person using your login credentials is action taken by you personally. Specifically, you agree that every action taken from your Agent portal account using your login credentials, such as e-signing documents, receiving notices, responding to notices, all data submitted, every transaction engaged, entered into, or approved, and every other action or omission using such login credentials were taken by you personally. As you have the ability to immediately reset your own login credentials, you agree that you retain any and all liability, even after notification to us of the possibility that someone had gained access to or was using your login credentials, to any action taken previously or going forward using your login credentials. You are entirely responsible for any activity taken including information distributed using your login credentials.
For the avoidance of doubt, IT IS A VIOLATION OF THESE TERMS FOR YOU TO ALLOW ANY OTHER PERSON OR ENTITY TO USE YOUR LOGIN CREDENTIALS TO ACCESS OUR WEBSITE AND SPECIFICALLY THE AGENT PORTAL AND ANY OTHER SECURE PORTAL ON OUR WEBSITE.
We have the right, unconditionally, to discontinue, terminate, reject, limit, prohibit, downgrade access, or otherwise hamper the use of your login credentials without liability and specifically without prior notice to maintain the security of our Website, the Agent portal, and any accounts and data contained therein, and for any other reason we determined, in our sole and exclusive discretion.
You are liable for any and all damages to us or your customers or prospective customers resulting from the use of your login credentials, including specifically for your failure to terminate any third parties continued use of your login credentials which you may reset at any time yourself, including, without limitation, when the user of your login credentials: takes any actions related to changes to a particular customer account or your Agent account; engage in a denial of service attempt; deletes, modifies, or creates data; makes unauthorized access or use of Personal Information, confidential and/or proprietary information, and or other data; submits, transmits, stores, or otherwise uses malicious data or software including, without limitation, crawlers, web robots, spiders, wanderers, trojan horse, or other types of malware designed to cause damage, security breaches, or other threats to application security or otherwise limit the functionality of software, hardware, or computer and telecommunications equipment generally; attempts to (or succeeds) reverse engineer, decompile, or disassemble the code contained in our Website or any of the tools contain in our Website, such as on the Agency portal; submit, post, share, spread, transmit, reproduce, distribute, or otherwise transfer knowingly false, misleading, defamatory, threatening, obscene, harassing, or otherwise unlawful information; attempt to interrupt the operation of our Website, nor use any other system to do the same; attempt to gain unauthorized access to any other computer, computer system, network, server, or other similar computational system; any other action of unauthorized or improper use of your login credentials on our Website.
The Agency is responsible to ensure that all persons or entities who receive login credentials per the request of the Agency comply with these Terms and specifically with respect to login credentials, and only complete such actions using such login credentials for which they are authorized pursuant to the local insurance laws in the jurisdiction the relevant policies are offered for sale. The Agency agrees that it is responsible to monitor and ensure both (i) the security of login credentials by all such individuals, and (ii) the use of such login credentials are to take action for which they are authorized by local insurance laws in the jurisdiction the relevant policies are offered for sale. The Agency agrees that it is responsible to immediately terminate access to any person from using login credentials in violation of these Terms, and/or does not retain authority to access our Website including any Agent portal on behalf of the Agency. We have the right to audit our and your records with respect to proper use of and/or termination of rights to use login credentials.
The Availability of Our Website and Changes to its Availability
We do not guarantee that our Website and specifically the Agent portal shall be available for any set number of hours during any day, week, month, or during a relevant year. We reserve the right to alter, amend, change, pause, terminate, suspend, or otherwise discontinue the use of our Website or any portion thereof including the Agent portal at any time, with or without prior notice. We reserve the right to restrict any person’s access, at our sole discretion, which may be exercised reasonably or unreasonably, without liability, to our Website or to any subset of our Website including the Agent portal. We reserve the right to terminate any right, authority, or license we may give to you, an Agent, or an Agency as part of these Terms.
Limitations of Actions
You agree that any claim related to your use of our Website must be brought within one (1) year from the time giving rise to the events from which the claim derived. No use of our Website nor shall these Terms serve to create or extend to any user any private claim or cause of action against us. For the avoidance of doubt, this does not control the rights of one of our policyholders or agent where local jurisdictional regulations dictate otherwise.
By your using of our Website, you irrevocably consent to the Choice of Law, Venue, and Jurisdiction, and Dispute Resolution provisions of these Terms. For the avoidance of doubt, this does not control the rights of one of our policyholders who shall always have a right to bring a claim related to a policy within the jurisdiction where the policy was issued.
Disclaimers About Your Use of Our Website
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, YOUR USE OF OUR WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE THAT WE HEREBY DISCLAIM ANY AND ALL OTHER GUARANTEES OR WARRANTIES WITH RESPECT TO ANY LICENSE, CONTENT, MATERIALS, PRODUCT OR SERVICE PROVIDED ON OUR WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ESPECIALLY CONSIDERING THE PROPER OPERATION OF OUR WEBSITE RELIES ON THE ACCURACY OF THE INFORMATION SUPPLIED BY YOU AND NECESSARY THIRD PARTIES NOT UNDER OUR CONTROL. WE DO NOT WARRANT THE OPERATION OF THE LICENSES OR PRODUCTS AND SPECIFICALLY OUR WEBSITES TO BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL DEFICIENCIES OR ERRORS ARE CAPABLE OF BEING CORRECTED. WE DO NOT WARRANT THE THAT OUR WEBSITE WILL NOT HAVE A FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS, DELAY IN OPERATION OR TRANSMISION, OR LINE, SYSTEM, OR NETWORK FAILURE.
We do not guarantee that our Website will operate error free. We do not guarantee that our Website will not contain malicious code, a trojan horse, web robots, crawlers, wanderers, spiders, and the like, or other types of malware, viruses, destructive, and/or harmful data, software, or code. We do not warrant, and we specifically assume no liability for any damages, including to your computer equipment or other property, or lost profits or otherwise related to your use and/or access to our Website, downloading materials, audio, video, content, etc.
We do not run our Website on our own servers, instead we provide our Website and services through the provision of networks and servers the use of which is purchased from third parties. Additionally, certain third parties provide certain additional services which are required in order for our Website to operate correctly. We do not warrant and assume no liability and responsibility as to whether such third-party services operate correctly, nor with respect to their privacy policies and procedures, and any content they may provide to us for use on our Website or otherwise.
In addition, for the more efficient use of our Website and to provide additional third-party services and content to you, our Website contains hyperlinks to third party entities and websites which are out of our control. We do not endorse or approve any such hyperlinks or websites to third parties whether or not they are specifically included on our Website. We do not warrant and assume no liability and responsibility for the content and the operational of any of those third‑party websites. Each of those websites provide their own terms, conditions, and specifically privacy policies relevant to any use of those third-party websites.
Limitation of Liability and No Jury Trials
IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, GENERAL, SPECIAL, INCIDENTAL, COMPENSATORY, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR ANY RELATED SERVICE, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, WHETHER CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITMATION, BODILY INJURY OR EMOTOTIONAL DISTRESS, AND WHETHER OR NOT WE HAVE BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING FOR DATA LOSS OR DATA CORRUPTION, OR LOST PROFITS, SERVICE INTERRUPTIONS, OR OTHERWISE. FURTHER, IN THE EVENT A COURT OR JURY DETERMINES ANY LIABILITY BY US RELATED TO YOUR USE OF OUR WEBSITE, YOU HEREBY AGREE THE MAXIMUM LIABILITY TO YOU BY US IN ANY DISPUTE BETWEEN THE PARTIES BROUGHT ON ANY CAUSE OF ACTION SHALL BE $100.00.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
Alternative Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating these Terms or the breach thereof, we and you agree to use their commercially reasonable best efforts to settle the dispute, claim, question, or disagreement. If we and you do not reach such solution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. The arbitration hearing will be administered in English, by a panel residing in Boston, Massachusetts, and entered in, and enforced by, any court of competent jurisdiction.
Choice of Law, Jurisdiction, and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws principles. The exclusive jurisdiction of any dispute related to these Terms or related in any fashion to your use of our Website shall be courts residing within Boston, Suffolk County, in The Commonwealth of Massachusetts.
Indemnification
You agree to indemnify, defend, and hold us harmless and any of our parents, subsidiaries, affiliates, successors and assigns, and the shareholders, directors, officers, agents and employees of any of them (collectively, the “Related Parties”) against any and all claims, demands, actions, proceedings, liability, losses, damages, judgments, costs and expenses, including, without limitation, reasonable third party attorneys’ fees, disbursements, court costs, and punitive, exemplary, or compensatory damages, suffered, made or instituted against or incurred (collectively, “Losses”) by us and/or any Related Party in any manner resulting from any dishonest, fraudulent, or negligent act, error, or omission committed, material breach of these Terms, your use of our Website, any relevant producer agreement, or your violation of any Marks or specifically any proprietary or intellectual property rights of a third party, in each case whether committed (or omission) by you, your Agency, or any of your directors, officers, agents, employees, independent contractors, subsidiaries, affiliates, and/or subcontractors. This indemnification requirement extends beyond your last use of our Website for a period of five (5) years.
Partial Invalidity
If any provision of these Terms is determined to be invalid under or in conflict with the laws or regulations of any jurisdiction, the remainder of these Terms shall not be affected by said invalidity or conflict.
Waiver
In the event we fail to exercise or enforce any right or provision of these Terms, it shall not be deemed a waiver of any such right or provision.
Software Tools to Best Use Our Websites
Operating Systems:
• Mac OS version Catalina 10.15 or higher
• iOS OS version 15 and higher
• Windows version 10 or higher
• Android version 10 or higher
Browsers Supported:
• Apple Safari version 15 and higher
• Google Chrome version 107 and higher
• Mozilla Firefox version 113 and higher
• Microsoft Edge version 110 and higher
Document Distribution: We deliver documents using the Adobe Acrobat PDF format. We recommend that your computer has the latest available version of Adobe Acrobat Reader installed on the device.
Email: You will need to have a registered email account with sufficient storage capabilities to receive and retain large Adobe Acrobat PDF format files. Your email system should be calibrated to be able to open hyperlinked text within emails which we may send to you.
The Accessibility of Our Website
Our Website is designed to be readable and accessible for users of the general internet. If you have any difficulty using our Website, please contact our Agent Support Team by email at [email protected] or by telephone at (800) 814-7231.
Revisions to These Terms
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these Terms will be effective when the revised Terms are posted on our Website and/or otherwise communicated to you. Your continued use of our Website after the posting and/or delivery of revised Terms containing any changes to these Terms will be considered acceptance of those changes. PLEASE READ THESE TERMS AND OUR WEBSITE PRIVACY POLICY EVERY TIME YOU ACCESS OUR WEBSITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO ALL THESE TERMS AS UPDATED TO DATE.