WEBSITE USE AGREEMENT
I. DEFINITIONS
A.
"Coastal," "we," "our," and "us," means Coastal Insurance Underwriters
and any and all related entities, employees, affiliates, agents and licensors.
B.
"You," "your," and "User" means you the user and the individual executing this
Agreement.
C.
"Coastal Website" means the website, and all subsequent pages made available by
or through Coastal, located at the Uniform Resource Link (URL) www.ciuins.com as
well as any other URL related to Coastal. Please note, however, that the
Coastal Website may contain links to third party URL's. Once such a third party
link has been accessed, a user is no longer accessing the Coastal Website.
D.
"Insurance Product(s) and/or Insurance Service(s) means one or more of the
insurance programs, policies and/or agreements referenced herein and for which
links are provided below.
II. USER'S
REPRESENTATIONS AND WARRANTIES
You
represent, warrant, and covenant that:
A. You
are of proper age to enter into this Agreement.
B. You are entering this
Agreement with a sound mind and not under duress or emotional distress.
C. Any
information that you have or shall provide to us with respect to any Insurance
Product or Insurance Service or in association with your use of the Coastal
Website is true and accurate, and you shall modify such information as
necessary or appropriate to maintain the accuracy of the information.
D. You have read and understand
this entire agreement and agree to be bound by all the terms and conditions
contained in, linked to, and/or referenced in this Agreement.
III. DISCLAIMERS AND
LIMITATION OF LIABILITY
THE USER
EXPRESSLY AGREES THAT USE OF THE COASTAL WEBSITE IS AT USER'S SOLE RISK. ALL
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE
COASTAL WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED ON THE SITE.
TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COASTAL DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER
COASTAL NOR ITS AFFILIATES NOR ANY OF THEIR OFFICERS, DIRECTORS, OR EMPLOYEES,
AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE
LIKE WARRANT THAT (A) THE FUNCTIONS AND CONTENT OF THE COASTAL WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) DEFECTS WILL BE CORRECTED,
(C) THE COASTAL WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, (D) YOUR INFORMATION, INCLUDING YOUR
MEDICAL INFORMATION, WILL NOT BE DISCLOSED.
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COASTAL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR
LOSS OF PROFITS, REVENUE OR DATA THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS IN THE COASTAL WEBSITE, EVEN IF COASTAL OR AN AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL COASTAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE) EXCEED THE MINIMUM
AMOUNT ALLOWABLE BY LAW AND IN NO EVENT SHALL IT EXCEED ONE DOLLAR ($1.00).
IV. YOUR USE OF THE
COASTAL WEBSITE
The
following terms and conditions apply to your use of the Coastal Website.
A. Your
use of the Coastal Website shall be governed exclusively by the terms of this
Agreement.
B. Your
right to use the Coastal Website is personal to you and is not transferable to
any other person or entity. Any and all passwords provided to you to access the
Coastal Website shall be personal to you, shall be kept confidential, and shall
not be shared by you with any other person. You shall not share with any other
person or entity any of the information you obtain from your use of the Coastal
Website, other than prospective customers you are soliciting to provide
Insurance Products or Insurance Services provided by or through Coastal or
through the Coastal Website.
C. You
shall at all times comply with all applicable laws, rules, and regulations with
respect to your use of the Coastal Website and with respect to any Insurance
Product or Insurance Service.
D. You
shall not use the Coastal Website to infringe, misappropriate or violate any
rights of Coastal and/or any third party, including, but not limited to any
customer of Coastal or any entity associated with or visiting the Coastal
Website.
E. You
shall comply at all times with this Agreement, including any modifications to
this Agreement and/or the Agreements to which there is or may in the future be
a link and a reference herein.
F. User
acknowledges that the Coastal Website contains and includes original works of
authorship including information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, derivative works based on graphical scans
or typed text of public domain materials, and other material that are both
proprietary and intellectual properties of Coastal or its suppliers
(collectively, "Content") and are protected by both the terms of this Agreement
as well as domestic and foreign contractual and intellectual property laws
including but not limited to copyright, trademark, patent, and trade secret
laws and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All copyrights, trademarks,
service marks, trade names and other similar rights are proprietary to Coastal.
1)
Copyright. All Content included on the Coastal Website is the property of
Coastal or its suppliers and protected by United States and international
copyright laws. The compilation of all Content on this site is the exclusive
property of Coastal and protected by U.S. and international copyright laws. All
software used on this site is the property of Coastal or its suppliers,
including but not limited to Realtime Insurance Systems, Inc., and protected by
United States and international copyright laws.
2)
Trademark. "Coastal Insurance Underwriters," "Coastal" and other word marks,
graphics, logos (reproduced below), color schemes, etc. as indicated on the
Coastal website are trademarks, service marks and/or trade dress of Coastal or
its suppliers in the United States and/or other countries. Coastal's
trademarks, service marks and trade dress may not be used in connection with
any product or service that is not Coastal's, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
Coastal. All other marks that are not owned by Coastal that appear on this site
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Coastal.
3)
Patent. One or more patents may apply to the Coastal Website and to the
features and services accessible therein, including U.S. and foreign patents.
4) Trade
Secret. The Coastal Website may contain software or other information that is
confidential and proprietary to Coastal, and/or protected by the trade secret
laws of the individual states of the United States and of foreign countries. As
part of Coastal's efforts to maintain secrecy of such information, You are
prohibited from decompiling, reverse engineering and/or disassembling any
portion or the whole of the Coastal Website.
G.
Software. To the extent You receive software from Coastal from Your use of the
Coastal Website, including any files, images incorporated in or generated by
the software, and data accompanying the software (collectively, the
"Software"), such Software is deemed part of the Coastal Website. In addition
to the foregoing, use of any Software Content shall be governed by the Software
license agreement accompanying such Software. Coastal does not transfer title
to the Software to you. You own the medium on which the Software is recorded,
but Coastal or one or more of its Software providers, including but not limited
to Realtime Insurance Systems, Inc., retains full and complete title to the
Software, and all intellectual property rights therein. You may not
redistribute, sell, decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-perceivable form.
H.
Coastal grants to You a non-exclusive and non-transferable license to: (1) use
the Coastal Website as provided herein, until this Agreement is terminated; (2)
access, load, store and operate the Coastal Website with browser software; and
(3) display, download and print portions of the Coastal Website to investigate
and/or purchase Insurance Product(s) and/or Insurance Service(s), subject to
the limitations in this Agreement.
I.
Notwithstanding the above, You shall NOT, without the prior written consent of
Coastal: (1) decompile, reverse engineer, disassemble, extract components from,
and/or create derivative works from the Coastal Website, its Content, or the
Software; (2) remove, modify, augment, or obscure any proprietary notices
including, but not limited to, any and all copyright, trademark and patent
designations contained in the Coastal Website or the Software; (3) upload,
post, email, transmit, publish, re-publish, distribute, display, assign, lend,
sell, rent, lease, adapt, translate, license, sublicense, transfer, participate
in the transfer or sale of, copy, reproduce, modify, remove, delete, augment,
add to, export from the United States, or create derivative works from, the
Coastal Website, its Content, or the Software, or in any way exploit for any
commercial, financial or other beneficial purpose the Coastal Website, its
Content, or the Software, or otherwise make available the Coastal Website, its
Content, or the Software to any third parties; (4) for a period of more than
twenty-four (24) hours, cache or otherwise temporarily store the Coastal
Website or its Content or component thereof, on any server or other device used
to communicate with individual personal computers or personal devices. Such
limitation does not include cache which is automatically stored by an individual
personal browser application; (5) store the accessed, used, or downloaded
Coastal Website or its Content in any electronic, magnetic, optical or other
format now known or hereinafter created for more than thirty (30) days; (6)
remove, modify, hide or otherwise make unreadable or non-viewable any notice,
legend, advice, watermark or other designation contained on the Coastal
Website, its Content, or the Software, or component thereof or output there
from.
J. You
shall not interrupt, or attempt to interrupt, the operation of the Coastal
Website in any way.
K. The
Coastal Website may include technological protection measures that effectively
control access, reproduction or distribution of the proprietary or intellectual
properties accessible through the Coastal Website. Any attempt to tamper or
dismantle these protections is a breach of this Agreement and may be a
violation of the Digital Millennium Copyright Act of 1998, and will subject the
violator to civil and criminal penalties.
L. All
downloading, printing or other use in excess of that provided herein requires
prior written permission from the website manager of Coastal, by contacting
1-904-285-7683
M.
Content in the Coastal Website that is used or referenced in any print or
electronic media must be done in accordance with generally accepted standards,
and must provide for proper attribution to Coastal.
N. You may provide links to the
Coastal Website via email, provided:
1) You
link only to the home page located at www.ciuins.com;
2) You
do not remove, modify, or obscure, by framing or otherwise, advertisements, the
copyright notice or other proprietary notices in the Coastal Website;
3) You
give Coastal notice of such link by sending a fax to Coastal's Website Manager
at 1-904-285-7683; and
4) You
agree to immediately discontinue providing links to the Coastal Website (a) if
requested to do so by Coastal, or (b) upon the termination of this Agreement.
V. MODIFICATION,
SUSPENSION, OR DISCONTINUANCE
A. To
the Coastal Website. We reserve the right, at our discretion and without notice
or liability, to change, modify, add to, suspend, remove, or discontinue all or
part of the Coastal Website and will post such changes on the Coastal Website.
It is your obligation to check these terms periodically for changes. Your
continued use of the Coastal Website following the posting of changes to these
terms will conclusively mean you accept those changes. Coastal's right to
modify, suspend or discontinue the Coastal Website or any portion thereof at
any time, includes the online availability of any or all of the Insurance
Product(s) and/or Insurance Service(s). Coastal may also impose limits on
certain features and services or restrict Your access to parts or all of the
Coastal Website without notice or liability.
B. To
this Agreement. Coastal has the right to modify, suspend, or discontinue this
Agreement and any other Agreement or policy referenced in the Coastal Website.
No notice is required for any such modification. Any modification is effective
immediately upon posting to the Coastal Website. Your continued use of the
Coastal Website following posting of any modification(s) to this Agreement
shall be conclusively deemed an acceptance of all such modification(s). Your
only right with respect to any dissatisfaction with any modifications,
including, but not limited to any change in the amount or type of fees
associated with the Insurance Product(s) and/or Insurance Service(s) is to
terminate your policy or policies.
VI. THIRD PARTY SITES
The
Coastal Website may link you to other sites owned and controlled by third
parties. These websites are not under the control of Coastal and you
acknowledge that Coastal is not responsible for the accuracy, legality,
decency, operation or any other aspect of such websites.
VII. TERMINATION
These
terms are effective until terminated by either party. You may terminate these
terms at any time by destroying all materials obtained from the Coastal Website
and all related documentation and all copies and installations thereof, whether
made under the terms of these terms or otherwise. These terms will terminate
immediately without notice from Coastal if in Coastal's sole discretion you
fail to comply with any term or provision of these terms. Upon termination, you
must destroy all materials obtained from the Coastal Website and all copies
thereof, whether made under the terms of these terms or otherwise. Upon
termination, You shall not provide any other persons any passwords previously
provided to You for access to Coastal's Websites. Upon termination and at any
other time prior to termination, Coastal may prohibit Your access to Coastal's
Website without notice and for any reason or no reason.
VIII. INDEMNIFICATION
Upon a
request by Coastal, you agree to defend, indemnify, and hold harmless Coastal
and its employees, agents, officers and directors from all liabilities, claims,
and expenses, including attorneys' fees, that arise from your use or misuse of
the Coastal Website. Coastal reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with Coastal in
asserting any available defenses.
IX.
PRIVACY POLICY
Coastal
is committed to the issue of privacy with respect to the Coastal Website.
However, Coastal cannot and shall not bear any responsibility or liability with
respect to the issue of privacy for any third party links accessed as a result
of the use of the Coastal Website.
A.
Information Coastal Collects.
Coastal
collects personal information about You when You use the Coastal Website.
Coastal receives and stores any information You input into the Coastal Website
or provide to Coastal in any other way. Information Coastal collects may
include but is not limited to the following:
1)
Personal information that You input into the Coastal Website when inquiring
about and/or purchasing Insurance Products or Insurance Services, including
Your address, birth date, occupation, medical information, Social Security
number and Driver's License number.
2)
Information about Your transactions with third parties, such as balances and
payment history.
3)
Information from a consumer reporting agency, such as credit-worthiness or
credit history.
4)
Electronic information, including but not limited to Your email address,
Internet Portal (IP) address, and token information. One popularly known token
is a "cookie." Among other things, tokens allow for certain sections of the
Coastal Website to display information unique to You. For example, if You have
submitted a contact form using the Coastal Website, Your contact information
may automatically appear on any subsequent contact forms or insurance quote
forms. If You have disabled tokens such as cookies within Your web browser, You
are still able to access the Coastal Website, but You may not receive some of
the same advantages as a user who has not disabled the use of tokens.
B.
Information Coastal Discloses.
1)
Coastal discloses Your information when it is necessary to provide information
about Coastal's Insurance Products and Insurance Services.
2)
Coastal may also disclose Your information when the law so requires or so
permits.
C. Steps
To Protect Your Information. All information passed between Your computer and
Coastal using the contact forms and insurance quote forms is encrypted using
Secure Sockets Layer (SSL). By convention, website addresses that require an
SSL connection start with https: instead of http:.
D.
Limits to Protection of Your Information.
The
Coastal Website may contain links to other websites that are not directly
affiliated with the business practices or privacy practices of Coastal. Coastal
is not responsible for the content or the privacy practices of such
non-affiliated websites.
X. GOVERNING LAW
This
Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, without giving effect to any principles of conflicts of law.
XI. VENUE
You
agree that any action at law or in equity arising out of or relating to these
terms shall be filed exclusively in the state or federal courts located in
Duval County, Florida, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action.
XII. SEVERABILITY
If any
provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions.
XIII. ENTIRE AGREEMENT
This
Agreement constitutes a single, integrated, written contract expressing the
entire understanding and agreement between the Parties; the terms of the
Agreement are contractual and not merely recitals. There is no other agreement,
written or oral, expressed or implied between the Parties with respect to the
subject matter of this Agreement and the Parties declare and represent that no
promise, inducement or other agreement not expressly contained herein has been
made conferring any benefit upon them or upon which they have relied in any
way.