Insurent Agency Corporation, Terms and Conditions of Use
Both the Applicant’s Terms and Conditions and the Insurent® website (the “Site”) include important disclosures and regulatory information that are associated with Insurent’s products or services (the “Services”). By clicking “I Agree” or proceeding with the Insurent application, You agree to be bound by these Applicant Terms and Conditions. These Applicant Terms and Conditions (this “Agreement”) is entered into on date You click “I Agree” or submit Your Insurent application (the “Effective Date”) and is entered into by and between You and Insurent Agency Corporation (an MRI Software company) (“Insurent”), or its applicable affiliate outlined on the portal/application/service which You are accessing. Throughout this Agreement, the terms “We”, “Us” or “Our” will be used to refer to Insurent while the terms “Applicant”, “You” and “Your” will refer to the person applying for the Insurent services. These terms may be updated from time to time. Each instance of access, submission or renewal of the Insurent application following such an update shall serve as an acceptance of the updated terms. We recommend that you print or download a copy of these Applicant’s Terms and Conditions before you proceed with this application.
Submitted Application is not a Guarantee of Coverage
If Your application is accepted, You will be receive a qualification letter and will be required to provide underwriting documentation and payment prior to any policy issuance. You agree to use Insurent’s products and services in compliance with all applicable laws and regulations.
Consent to Receive Electronic Records and Use an Electronic Signature.
You agree that the Applicant’s Terms and Conditions and any application you make through the Site constitute a legally binding agreement and the equivalent of a signed, written contract. You consent to receive information by electronic delivery, including but not limited to any notices, disclosures, disclaimers, regulatory information, and changes-in-terms related to this Site (“Communications”). You may withdraw your consent (to the extent permitted under applicable law) to receive or access Communications related to the Site by notifying us in writing.
Identifying Information
In the course of dealing with Us, We may ask certain identifying information about You. You agree to provide us with accurate and complete information about yourself, your residence and your credit information. You agree to never impersonate any other person or entity, misrepresent your affiliation with another person, entity or association, use false headers or otherwise conceal your true identity from us for any purpose. We will treat the information that you provide to us in accordance with our then-current Privacy Policy. You. You can view Our Facial Scan Policy and Release here Facial Scan Policy. If you are using any of the MRI-family ID verification products, such as Checkpoint Online [ID] Verification product or our Springboard product, Your data will also be subject to the Facial Scan Policy. You consent to allow Us and our affiliates and subprocessors to receive and process your information for any legitimate business purpose. You can find a list of all of Our subprocessors are listed in the above privacy policy. Furthermore, You agree to provide any additional consents, documentation, licenses, modifications to this agreement, or the like in order to enable Us to remain in compliance with applicable privacy law.
Security of Data Transmission and Storage
You acknowledge and agree that transmission of information over the internet is never fully private or secure. We shall use reasonable efforts to protect the privacy of the information that you transmit. However, You understand that any information sent to, from and through the Site may be read or intercepted by unauthorized third parties, including e-mail, electronic communications and personal data. You agree that we may, but are not required to monitor, review or retain your communications to, by or with us. You agree that such monitoring activities by us will not entitle you to any cause of action or other right with respect to the manner in which we monitor your communications, with regard to how we enforce or fail to enforce these Applicant’s Terms and Conditions or any other rules or agreements of any service or product we provide to you, or with regard to any of our actions, omissions or failures to act in connection with the accounts, Site, or Services.
Confidential Information
“Confidential Information” shall mean information disclosed to You (“Receiving Party”) by or on behalf of Insurent , whether tangible, intangible, written, oral, embedded or expressed in computer code, or by any other means that: (i) derives independent economic value, actual or potential from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; (iii) concerning its business or activities that (a) would be reasonably considered to be proprietary or confidential, including without limitation: source code, object code, formulae, descriptions, diagrams, computer architectures and structures, interfaces, screen displays, schematics, blueprints, flow charts, data, listings, processes, techniques, procedures, “know how,” passwords and sign-on codes, documentation, manuals, specifications, designs, inventions, discoveries, improvements, research, development, marketing strategies, plans and materials, development plans, customer data and information, employee data, business, operational, customer, financial and technical information; business plans and forecasts; information about the Disclosing Party’s products and services; or (b) is marked or designated by such party as “confidential” or “proprietary” at the time of disclosure. “Confidential Information” does not include information that: (x) was rightfully known to the Receiving Party prior to its disclosure hereunder by the Disclosing Party; (y) is or becomes publicly available or is obtained lawfully from third parties without breach of this Agreement; or (z) has been developed independently by the Receiving Party without reliance on such Confidential Information. You hereby grant to Insurent a perpetual, non-cancelable, worldwide, nonexclusive right to utilize any data that arises from the use of the Services or Site for any legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information.
Reservation of Rights
All rights not expressly granted in this Agreement are reserved by Insurent and its licensors. You acknowledge that: (i) all software is licensed and not sold and all Content is subscribed to and not sold; (ii) You acquire only the right to use the Insurent Site and Services, its licensors, and Content providers shall retain sole and exclusive ownership of all rights, title, and interest in the protected materials, including (whether developed by Insurent , You, or any other third party); and (iii) the Site and Services constitute valuable trade secrets of Insurent and its licensors. You agree to secure and protect the Site and Services consistent with the maintenance of Insurent and its licensors’ rights therein. You agrees to execute such further instruments and take such further actions as Insurent may reasonably request, to apply for, register, perfect, confirm, and protect Insurent’s rights. You shall reimburse Insurent for any and all expenses that Insurent may incur (including interest, attorneys’ fees and other legal expenses) in connection with Insurent’s efforts to enforce its rights against You with respect to the Site or Services, or any of Insurent’s intellectual property rights in the event Insurent prevails in such enforcement efforts. “Content” means any information, data, text, software, music, sound, photographs, graphics, video messages or other material to which You is provided access through Site or Services.
Restrictions
You shall not, nor permit or encourage anyone else under Your account to: (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Site or Services; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Site or Services, including the license keys, in whole or in part, for competitive purposes or otherwise; (iii) allow access to, provide, divulge or make available the Site or Services;; (iv) write or develop any derivative works based upon the Site or Services; (v) modify, adapt, translate or otherwise make any changes to the Site or Services; or any part thereof; (vi) use the Site or Services; to provide processing services to third parties, or otherwise use the same on a ‘service bureau’ basis; (vii) disclose or publish, without Insurent’s prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Site or Services; or (viii) otherwise use or copy the Site or Services except as expressly permitted herein. If Insurent reasonably believe that any of Your use of the Site or Services (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Insurent’s , then Insurent’s reserve the right to take down some or all of that content in accordance with applicable law.
Representation and Warranty
You hereby represent and warrant that You shall only use the Site and/or Services exclusively for authorized legal purposes, consistent with all applicable laws and regulations. You shall not post or upload any content or data which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains Malicious Code; (c) violates the rights of others, such as data which infringes on any intellectual property rights or violates any right of privacy or publicity; or (d) otherwise violates any applicable law. You hereby further agree not to interfere or disrupt networks connected to the Site or Services, not to interfere with another entity’s use and enjoyment of Site or Services and to comply with all regulations, policies and procedures of networks connected to the Site and Services. You hereby shall not reproduce (in whole or in part), transmit, modify, introduce viruses, Trojans, worms, logic bombs or other malicious or harmful material, interfere with or disrupt the integrity or performance of the Site or Services, attempt to gain unauthorized access to the Site or Servies or related systems or networks or otherwise misuse the Site or Services. You shall cooperate in all respect, including but not limited provision of necessary information and resources in order to permit Insurent to perform any implementation or other professional services relative to the Site or Services.
Access to the Site
Insurent Agency Corporation is licensed to transact insurance business as an agent only in the states of New York, New Jersey and Washington D.C. at this time. Insurent is transacting insurance on behalf of, a property and casualty insurance company licensed in New York and other states. Its domicile and principal place of business is 225 West Washington, 6th Floor, Chicago, IL 60606 . Guests are permitted to view certain non-interactive introductory pages of our Site without registering. However, in order to access all pages of our Site you must (1) be a resident of one of the above states and (2) register on line and give us certain information about yourself. To access, retain and print these Terms and Conditions or other pages in the Site for your records, you must have and maintain: Internet Explorer 5.0+, Netscape 6.0+, Opera, and javascript enabled.
Prospective tenants may register on our Site to find out more about our products and services and to download and apply on line for our services and products. Landlords, co-op owners and building owners may register on our Site to apply for participation in our program. The terms and conditions of such participation are stated in the application and agreement entered into by you and Insurent.
Accounts, Passwords and Access
For your protection, and the protection of our other customers, you should never share your identifying information that is required to access certain sections of the Site (such as passwords, usernames and screen names) with others. You are entirely responsible for maintaining the confidentiality of the information related to Your use of Our Site and services, including Your password. You are responsible for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You agree to notify Us immediately of any unauthorized use of Your account or password, or any other breach of security. You may be held liable for losses that We incur due to someone else using Your user ID, password or account as a result of Your failing to keep Your account information secure and confidential. You may not use anyone else’s user ID, password or account at any time without Our express permission and consent. We cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. You shall be solely responsible for the proper maintenance, service, and connectivity of all devices that you use to access the Site or our services. Access to the Site may be limited or unavailable during periods of peak demand, system upgrades, maintenance or for other reasons. If access to the Site is not available or delayed at any time, you agree to use alternative means to obtain your account information from us, such as by contacting one of our customer service representatives. You acknowledge that We may suspend, cancel or terminate your access to the Site for any reason, with or without notice.
Third Parties
We may make available to you information that we obtain from our agents, vendors or partners, which we refer to as “Third Party Information.” We do not endorse such Third Party Information and make it available to you only as a service and convenience. We do not guarantee the accuracy, timeliness or completeness of such Third Party Information, or represent or warrant any results from your use or reliance on such Third Party Information, and we have no obligation to update any information or opinions contained in such Third Party Information. You agree that we have no liability for the provision, termination, interruption, delay or inaccuracy of any Third Party Information.
Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS-IS.” INSURENT , ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT ANY SITE, SERVICES, OR CONTENT ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT, SITE, OR SERVICES WILL BE ACCURATE, RELIABLE AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY INSURENT , ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. YOU ACKNOWLEDGES THAT INSURENT SHALL HAVE NOT HAVE LIABILITY FOR ANY ACTS OR OMMISSIONS BY YOU UNDER THIS AGREEMENT.
Indemnity
You agree to indemnify and hold Insurent, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Insurent by any third party due to or arising out of or in connection with Your use of the Site or Services.
Term and Termination
The “Term” of this Agreement shall commence on the Effective Date and shall continue to the earlier of (i) termination by Insurent for any reason with or without notice; or (ii) Your ceased use of the Site or Services at any time, for any reason. Upon termination or expiration of this Agreement, upon Insurent ’s request, You shall certify that You have returned or destroyed all copies of the Confidential Information and acknowledge that its rights to use the same are relinquished. Any provisions which ought to by their nature survive shall survive any expiration or termination of this Agreement.
Disclaimer of Damages
IN NO EVENT SHALL INSURENT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOSS OF BUSINESS, DATA OR INFORMATION LOSS, DATA ERROR, LOST PROFITS OR OTHER ECONOMIC LOSS, WHETHER OR NOT YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL INSURENT ’S LIABILITY TO YOU UNDER THIS AGREEMENT IN TOTAL, EXCEED $1.
Choice of Law
This Agreement applies to all past, present, and future legal disputes and legal claims between you and the Company that are now in existence or that may arise in the future, including, but not limited to legal disputes or legal claims arising out of or relating in any way to any Company policy; your relationship with the Company; your use of any of the Company’s Site or Services; the Company’s conduct; and any federal, state, or local statute, law, rule, regulation or ordinance applicable to the relationship between you and the Company as to which a court would be authorized by law to grant relief if the claim were successful (“Dispute” or “Disputes”).
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to its principles of conflict of laws. Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in Ohio in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
This Agreement does not prevent either you or the Company from seeking emergency or temporary injunctive relief, such as a preliminary injunction or a temporary restraining order, which is sought strictly in aid of or to preserve an arbitrator’s jurisdiction and ability to conduct a meaningful arbitration of your Disputes under the Agreement.
You and Insurent agree that you and Insurent will not: (1) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit or court case that relates in any way to a Dispute, or (2) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit, court case, or arbitration that is brought on a class, collective, representative, or aggregate basis that in any way relates to a Dispute. The parties do not agree to arbitrate any Dispute on a class, collective, representative, or aggregate basis. Claims of two or more persons or entities may not be joined or consolidated in the same arbitration because the arbitrator may only hear your or our individual claims and does not have the authority to hear claims on a class, collective, representative, or aggregate basis, or to award relief to anyone other than you and/or Insurent in a single arbitration.
YOU AND INSURENT MAY BRING LEGAL CLAIMS AGAINST EACH OTHER ONLY IN YOUR INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON-REPRESENTATIVE, AND NON-AGGREGATE BASIS). THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR AGGREGATE BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS ON MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE AUTHORIZE OR PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE OR AGGREGATE PROCEEDING.
Assignment
Insurent may assign the Agreement and all of its rights and obligations herein without Your approval to its parent company or other affiliated company, to a successor by operation of law, or by reason of the sale or transfer of all or substantially all of its stock or assets to another entity. You may not assign or transfer the Agreement without the prior written consent of the other Insurent.
Miscellaneous
The headings in the Agreement shall not be used to construe or interpret the Agreement. The Agreement shall not be construed in favor of or against a Party based on the author of the document. You must comply with all applicable laws and regulations in the use of the Site or Services. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Agreement, so that this Agreement shall remain in full force and effect. This Agreement constitute the entire agreement between You and Insurent with regard to Your use of the Site, and any and all other written or oral agreements or understandings previously existing between You and Insurent with respect to such use are hereby superseded and cancelled. Insurent will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Insurent ’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Insurent of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Insurent and You or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties. Insurent provides access to clients and users around the world and, therefore, may contain references or cross references to products, programs and services that are not announced in Your country. Such reference does not imply that Insurent in Your country intends to announce such products, programs or services.