|
|
Coastal Insurance
Services, Inc.
Website Terms of
Service
1. ACCEPTANCE OF
TERMS
Welcome to
Coastal Insurance Services, Inc. (CIS). CIS is a
subsidiary of Coastal Insurance Risk Retention Group, Inc. CIS was created
to offer a full range of insurance and risk management services.
CIS provides
its service to you, subject to the following Website Terms of Service (“TOS”),
which may be updated by us at any time without notice to you. You can
review the most current version of the TOS at any time on the website. In
addition, when using particular CIS services, you and CIS shall be subject
to any posted guidelines or rules applicable to such services which may be
posted as needed. All such guidelines or rules are hereby incorporated by
reference into the TOS. CIS may also offer other services that are governed
by different Terms of Service.
2. DESCRIPTION OF
SERVICE
Through our Insurance Agency operation, we are
able to assist you with any of your insurance needs. This agency has access
to a wide range of insurance companies writing property and casualty or
Group or Individual Life and Health Insurance.
Through our contract service operations, we are able to assist you with a
wide variety of risk management, information technology and other services
that are needed for a self insured operation. Our
Network Staff are skilled and experienced professionals backed by industry
recognized Microsoft certifications. Coastal Insurance Services, Inc is a
Microsoft Certified Partner. For companies in need of competent
IT Support who cannot afford the expense of a
full-time System Administrator, our IT
Department Outsourcing solution can be
of assistance.
Unless
explicitly stated otherwise, any new features that augments or enhances the
current Service, including the release of new CIS services, shall be subject
to the TOS. You understand and agree that the Service is provided “AS-IS”
and that CIS assumes no responsibility for the timeliness, deletion,
miss-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service including
all related costs and all equipment necessary to access the Service.
3. YOUR
REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service’s
registration forms (such information being the “Registration Information
Data”) and (b) maintain and promptly update the Registration Information
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or CIS
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, CIS has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
4. CIS PRIVACY
POLICY
All data and
certain other information about you is subject to our Privacy Policy. Any
and all data that is presented to us is incorporated herein by reference and
made a part of this TOS. For more information, see our full privacy policy
at www.coastalinsuranceservices.net.
5. ACCOUNT,
PASSWORD AND SECURITY
In the
future, CIS anticipates issuing a password and account designation to access
online services. You will be responsible for maintaining the confidentiality
of the password and account and fully responsible for all activities that
occur under your password and account. You agree to (a) immediately notify
CIS of any unauthorized use of your password and account or any other breach
of security, and (b) ensure that you exit from your account at the end of
each session. CIS will not be liable for any loss or damage arising from
your failure to comply with this section.
6. CONDUCT
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials (“Content”),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not CIS, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service.
CIS does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will CIS be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use
the Service to:
Upload, post, email,
transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable;
harm minors in any way;
impersonate any person or
entity, including, but not limited to, a CIS official or falsely state or
otherwise misrepresent your affiliation with a person or entity;
forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
upload, post, email,
transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
upload, post, email,
transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights (“Rights”) of
any party;
upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “Chain letters,”
“pyramid schemes,” or any other form of solicitation.
upload, post, email,
transmit or otherwise make available any material that contains software
viruses or any computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
disrupt the normal flow
of dialogue, cause a screen to “scroll” faster than other users of the
Service are able to type, or otherwise act in a manner that negatively
affects other users’ ability to engage in real time exchanges;
interfere with or disrupt
the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to
the Service;
intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
“stalk” or otherwise
harass another; or
collect or store personal
data about other users.
CIS and its designees
shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by CIS or submitted
to CIS.
You acknowledge, consent
and agree that CIS may access, preserve, and disclose your account
information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of CIS, its users and the public.
You understand that the
technical processing and transmission of the Service, including your
Content, may involved (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the
Service and software embodied within the Service may include security
components that permit digital materials to be protected, and use of these
materials is subject to usage rules set by CIS and/or content providers who
provide content to the Service. You may not attempt to override or
circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to
indemnify and hold CIS, and its subsidiaries, owners, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third party due to
or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of
another.
9. NO RESALE OF
SERVICE
You agree not
to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
10. TERMINATION
You agree
that CIS may, under certain circumstances and without prior notice,
immediately terminate your CIS account, any associated email address, and
access to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance of material modification to the Service (or
any part thereof), (e) unexpected technical or security issues or problems.
Termination of your CIS account includes (a) removal of access to all
offerings within the Service, (b) deletion of your password and all related
information, files and content associated with or inside your account ( or
any part thereof), and (c) barring further use of the Service. Further, you
agree that all terminations for cause shall be made in CIS’s sole discretion
and that CIS shall not be liable to you or any third-party for any
termination of your account, any associated email address, or access to the
Service.
11. DEALINGS WITH
ADVERTISERS
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and
such advertiser. You agree that CIS shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
12. CIS’S
PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary products, services
or software used in connection with the Service contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that products,
services or information presented to you through the Service may be
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by CIS, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
13. LIMITATION OF
LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT CIS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF CIS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHOIRZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. NO THIRD PARTY
BENEFICIARIES
You agree
that, except as otherwise expressly provided in this TOS, there shall be no
third party beneficiaries to this Agreement.
15. NOTICE
CIS may
provide you with notices, including those regarding changes to the TOS, by
email, regular mail, or postings on the Service.
16. GENERAL
INFORMATION
Entire
Agreement. The TOS constitute the entire agreement between you and CIS
and govern your use of the Service, superseding any prior agreements between
you and CIS. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other CIS services,
affiliate services, third-party content or third-party software.
Choice of
Law and Forum. The TOS and the relationship between you and CIS shall
be governed by he laws of the State of Alabama without regard to its
conflict of law provisions. You and CIS agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of
Montgomery, Alabama.
Waiver and
Severability of Terms. The failure of CIS to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
Statute of
Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Section
Titles. The section titles contained in this TOS are for convenience of
reference only and have no legal or contractual effect.
17. VIOLATIONS
Please report
any violations of the TOS to
.
|