| User Terms & Conditions
MarketScout.com, CICSelect.com and the operations, services and facilities
related thereto are proprietary Internet services maintained and operated by
MarketScout.com, for use solely by duly licensed and qualified insurance agents,
and those employees of insurance agents, who are authorized by MarketScout.com
and CICSelect.com to use these sites. These Terms set forth the terms and conditions
on which MarketScout.com is willing to permit your use of MarketScout.com and/or
CICSelect.com, and your responsibilities as an insurance agent or an employee
of an insurance agent. These Terms are between you, the appointed market, and
MarketScout.com and/of CICSelect.com. Use of MarketScout.com and/or CICSelect.com
signifies your agreement to all of the terms and conditions set forth in these
Terms.
MarketScout.com and CICSelect.com Services.
1a. MarketScout.com and CICSelect.com provides authorized insurance agents
with the opportunity to direct to Insurer(s), electronic underwriting requests,
submissions or applications, completed by the insurance agent for insurance
coverages. 1b. MarketScout.com and/or CICSelect.com provides an electronic communications
channel for communications between insurance agents and insurance market(s),
which may be used to transmit insurance submissions or applications, by the
insurance market to respond to submissions or applications, and by insurance
agents and insurance markets to correspond with each other prior to the binding
of coverage on matters relating to the particular insurance transaction. 1c.
MarketScout.com and/or CICSelect.com does not charge a fee to insurance agents
for the use of MarketScout.com and/or CICSelect.com.
Intellectual Property.
2a. MarketScout.com and CICSelect.com contains copyrighted material, trademarks
and other proprietary information, which will be referred to as "Proprietary
Material" for the rest of this document, including, but not limited to,
text, software, photos, video, graphics, image, music and sound. You agree not
to modify, publish, transmit, participate in the transfer or sale, create derivative
works of, or in any way exploit, in whole or in part, any Proprietary Material.
2b. Except as otherwise expressly permitted under copyright law, no posting,
copying, downloading, uploading, transmission, retransmission, distribution,
redistribution, republication, publication, decompilation, disassembling, reverse
engineering, or otherwise modifying or commercially exploiting of any Proprietary
Material or material made available through MarketScout.com and/or CICSelect.com
will be permitted without the express permission of the copyright owner. In
the event of any copying, redistribution or publication of copyrighted material
as permitted by law, no changes in or deletion of author attribution, trademark,
legend, or copyright notice shall be made. The obligation of determining that
any material is not subject to intellectual property right(s) rests with you.
2c. The entire MarketScout.com and CICSelect.com web sites, and the MarketScout.com
logo are service marks of Insurance Data Systems, Inc. Other trademarks, service
marks and logos used in MarketScout.com and CICSelect.com are the trademarks,
service marks or logos of their respective owners.
Disclaimer of Warranties by MarketScout.com.
3a. Use of MarketScout.com and/or CICSelect.com is at your sole risk. 3b. MarketScout.com
and CICSelect.com (Including all content, software, and other functions, materials,
and information accessed by any means thereon) is provided on an "as is"
and "as available" basis without warranties of any kind, either express
or implied, including, but not limited to, warranties of title or interrupted
or error free service, or implied warranties of merchantability or fitness for
a particular purpose, to the fullest extent permissible by law. 3c. MarketScout.com
and CICSelect.com make no warranty of any kind as to the results that may be
obtained from use of MarketScout.com or CICSelect.com, or as to the accuracy,
completeness, currency, reliability or content of any information or material
provided by or through Marketscout.com or CICSelect.com. The entire risk as
to the quality, adequacy, accuracy, completeness, currency, correctness, or
validity of any information or material provided by or through Marketscout.com
or CICSelect.com rests with you. 3d. MarketScout.com and/or CICSelect.com is
not and shall not be liable for any defamatory, offensive, illegal or other
conduct of other users or third parties, and the risk of injury from the foregoing
rests entirely with you. 3e. MarketScout.com and/or CICSelect.com is/are not
and shall not be liable for any claim, injury or damage arising from the use
or inability to use MarketScout.com and/or CICSelect.com. This disclaimer of
liability includes, but is not limited to, any failure of performance, omission,
error, interruption, deletion, defect, delay in operation or transmission or
delivery, computer virus, communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of records, programs or files,
whether for breach of contract, tortious behavior, negligence, or under any
other cause of action. 3f. MarketScout.com and CICSelect.com have no control
over the content of Internet sites that may be linked to MarketScout.com or
CICSelect.com through hypertext links ("linked sites"), and is not
responsible for their content. The linked sites are for your convenience only
and you access them at your own risk. In no event will MarketScout.com or CICSelect.com
be liable to any party or any general, special, indirect, direct, incidental,
consequential, exemplary and punitive damages for any use of MarketScout.com
or CICSelect.com, or any linked site, even if MarketScout.com and/or CICSelect.com
is expressly advised of the possibility of such damages. 3g. MarketScout.com
and/or CICSelect.com is/are not and shall not be responsible or liable for the
accuracy, validity or completeness of any information provided by Insurers to
insurance agents, or for any failure of any insurer to perform any duty, obligation
or responsibility to any insurance agent or any client of an insurance agent,
including, without limitation, the payment of any commissions or the performance
by any insurer of its obligations under any policy of insurance. 3h. MarketScout.com
and/or CICSelect.com is/are not and shall not be responsible for the solvency,
stability or financial condition of the insurance carrier and/or the insurance
company represented.
Insurance Agent's Responsibilities and Agreements.
4a. You, the insurance agent, are responsible for complying with all terms
and conditions of these Terms, and with all policies and guidelines posted on
MarketScout.com and/or CICSelect.com. 4b. You are responsible for, and agree
to comply with, any and all applicable Federal, state and local laws, rules
and regulations relating to the conduct of insurance agents with respect to
any insurance transaction commenced by you using MarketScout.com and/or CICSelect.com.
4c. You agree to promptly inform MarketScout.com and/or CICSelect.com if you
suspect any breach of security, such as loss, theft, or unauthorized disclosure
or use of your User Name or Password. Until MarketScout.com and/or CICSelect.com
is properly notified of a breach of security, you remain responsible for any
unauthorized use of MarketScout.com and/or CICSelect.com occurring under your
User Name and Password. 4d. You, the insurance agent, are fully responsible
for any and all use of, and actions taken through, MarketScout.com and/or CICSelect.com
by your employees. 4e. You, the insurance agent, agree that all communications
between you and the insurance market representative concerning an insurance
submission or application shall be made through MarketScout.com and/or CICSelect.com,
until such time as the insurance market representative has responded to the
insurance submission or application by submitting a quotation or requesting
additional information. Thereafter, you may communicate with the Insurer, directly
or indirectly, via other media, so long as all information reasonably necessary
to provide MarketScout.com and/or CICSelect.com with a record of the transaction
is transmitted through MarketScout.com or CICSelect.com. 4f. In no event shall
MarketScout.com and/or CICSelect.com be responsible for the accuracy, validity
or completeness of any information provided by an insurance agent to an insurance
market representative, or by an insurance market representative to an insurance
agent, or for any failure of any insurance market representative or their insurance
carrier to perform any duty, obligation or responsibility to any insurance agent
or any client of an insurance agent, including, without limitation, the payment
of any commission or the performance by the insurance market representative
or their insurance company of its obligations under any policy of insurance
transacted through MarketScout.com and/or CICSelect.com. 4g. You are solely
responsible for maintaining your own records of all communications transacted
through MarketScout.com and/or CICSelect.com (including the content of communications)
between you (the insurance agent), your assistants, the insurance market representative
or their insurance company.
User Information.
5a. For purposes of identification and marketing, you agree to provide MarketScout.com
and/or CICSelect.com with accurate, complete, and updated information required
at the time of registration as an insurance agent of MarketScout.com or CICSelect.com.
You agree to promptly notify MarketScout.com and/or CICSelect.com of any change
in your registration information. Failure to comply with this provision may
result in termination of your right to use MarketScout.com and/or CICSelect.com.
5b. MarketScout.com and/or CICSelect.com reserves the right to reveal any registration
information or other information in its possession regarding insurance agents
in cooperation with a request or investigation by any governmental body or governmental
agency, or as otherwise required by law.
Prohibited Uses. You agree:
6a. not to use MarketScout.com and/or CICSelect.com (i) in a manner that is
prohibited by any law or regulation, or to facilitate the violation of any law
or regulation; (ii) to invade the privacy of third parties; (iii) to impersonate
MarketScout.com and/or CICSelect.com personnel or other parties or entities;
(iv) to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory,
abusive, threatening, or otherwise objectionable material, or (v) to encourage
conduct that would give rise to civil or criminal liability; 6b. not to violate,
or assist in violating, the security of MarketScout.com and/or CICSelect.com,
whether intentionally, negligently or otherwise; 6c. not to attempt to utilize
another insurance agent's Account, User Name or Password without authorization
from that insurance agent; 6d. not to transmit by means of MarketScout.com and/or
CICSelect.com any data or material that contains software viruses or any other
malicious code designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment; 6e. not to
use MarketScout.com and/or CICSelect.com for any purpose other than that of
submitting insurance submissions or applications that you intend to bind through
MarketScout.com and/or CICSelect.com, provided satisfactory quotations are received.
6f. that, for each violation by you of these Terms, you will pay MarketScout.com
and/or CICSelect.com damages including, without limitation, to compensate for
the lost goodwill such a violation causes. Payment by you under this provision
shall not prevent MarketScout.com and/or CICSelect.com from seeking to obtain
other legal remedies against you, including other damages (including, without
limitation, exemplary or punitive damages) and costs (including, without limitation,
attorneys' fees), or an injunction.
User Name and Password.
MarketScout.com will allow the insurance agent to pick the User name and Password
of their choice. For CICSelect.com, a username and password is initially assigned
to the insurance agent. The insurance agent may change the Password at anytime
for either site. The insurance agent may access MarketScout.com only using your
User Name and Password, and may not allow any other person to access MarketScout.com
using your User Name and Password. 7a. You agree: (i) not to disclose your Password
to any other person or entity; (ii) to make all reasonable efforts to maintain
your Password secret and confidential; and (iii) to promptly notify MarketScout.com
or CICSelect.com of any actual or suspected breach of security, such as loss,
theft or unauthorized disclosure of your User Name or Password. 7b. You are
solely responsible for maintaining the confidentiality of your Password, and
personally responsible for all use, whether authorized or unauthorized, of MarketScout.com
and/or CICSelect.com under your Password (including sending Submissions and
binding insurance coverage). You agree that MarketScout.com and/or CICSelect.com
will have no obligation with regard thereto. 7c. MarketScout.com and/or CICSelect.com,
in its/their sole and absolute discretion, may terminate your access to MarketScout.com
and/or CICSelect.com without notice or warning. 7d. It is solely your responsibility
to remember your User Name and Password.
Termination.
MarketScout.com and/or CICSelect.com may terminate the right of any insurance
agent to access MarketScout.com and/or CICSelect.com at any time, with or without
cause, in MarketScout.com and/or CICSelect.com's absolute discretion and without
notice. The recital in these Terms or elsewhere on MarketScout.com and/or CICSelect.com
of specific grounds for termination of an insurance agent's right to access
MarketScout.com and/or CICSelect.com shall in no manner whatsoever limit MarketScout.com
and/or CICSelect.com's absolute right to terminate any insurance agents access
to MarketScout.com and/or CICSelect.com under this paragraph.
Confidentiality.
9a. MarketScout.com and/or CICSelect.com will use reasonable efforts to maintain
the confidentiality of all information contained in MarketScout.com and/or CICSelect.com
messages between an insurance agent and the appointed market representative,
or between an insurance agent and MarketScout.com and/or CICSelect.com; provided,
however, that nothing herein shall preclude MarketScout.com and/or CICSelect.com
from disclosing either the information or the content of any MarketScout.com
and/or CICSelect.com message in connection with any subpoena, warrant or other
judicial or governmental process. 9b. MarketScout.com and/or CICSelect.com shall
have the right to intercept, read and disclose all MarketScout.com and/or CICSelect.com
messages between insurance agents and an appointed market representative.
Indemnification.
10a. You hereby agree to indemnify, defend, and hold harmless MarketScout.com,
CICSelect.com and its directors, employees, licensors, subsidiaries and affiliates,
as well as appointed market representatives or Insurers, from and against any
and all liability and costs (including attorneys' fees and costs) incurred in
connection with any claim arising out of any breach by you of any of these Terms.
10b. You shall cooperate as fully as reasonably required in the defense of any
claims. MarketScout.com and/or CICSelect.com reserves the right, at its/their
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle any
claim without the written consent of MarketScout.com and/or CICSelect.com.
Limitation of Liability.
11a. Under no circumstances shall MarketScout.com, CICSelect.com, its officers,
directors or affiliates, be liable for any general, special, indirect, direct,
incidental, consequential, exemplary or punitive damages arising out of or relating
in any way to MarketScout.com and/or CICSelect.com, or service-related matters
and/or content or information contained within MarketScout.com and/or CICSelect.com,
even if MarketScout.com and/or CICSelect.com has been advised of the possibility
of such damages. 11b. Your sole remedy for dissatisfaction with MarketScout.com,
CICSelect.com and/or service-related matters is to stop using MarketScout.com
and/or CICSelect.com
Grant of Rights.
MarketScout.com and/or CICSelect.com grants you a non-exclusive, non-transferable,
limited right to access, display on your computer, and use MarketScout.com and/or
CICSelect.com in strict accordance with these Terms. These Terms do not grant
you the right to use the "MarketScout.com" and/or "CICSelect.com"
or any other MarketScout.com trademark, service mark or logo for any other purpose
whatsoever.
Modification of Terms or Service.
13a. MarketScout.com and/or CICSelect.com has/have the right to modify these
Terms in any manner and at any time, without notice or liability. Any modification
is effective immediately upon a posting. Your continued use of MarketScout.com
and/or CICSelect.com following notice of any modification of these Terms shall
be conclusively deemed an acceptance of all such modification(s). Your only
right with respect to any dissatisfaction with any modifications made pursuant
to this provision, or any policies or practices of MarketScout.com and/or CICSelect.com
in providing MarketScout.com and/or CICSelect.com, including, without limitation,
any change in the features or functions of MarketScout.com and/or CICSelect.com,
is to terminate continued use of MarketScout.com and/or CICSelect.com. 13b.
MarketScout.com and/or CICSelect.com may at any time, without notice or liability,
change or eliminate any MarketScout.com and/or CICSelect.com feature or function,
or restrict the use of any portion of MarketScout.com and/or CICSelect.com,
including limiting the time of its availability, the amount of use permitted,
or the persons who are permitted to use it. Your only right with respect to
any dissatisfaction with any service related change or elimination is to terminate
further use of MarketScout.com and/or CICSelect.com
General.
14a. Failure by MarketScout.com and/or CICSelect.com to enforce any provision(s)
of these Terms shall not be construed as a waiver of any provision or right.
14b. These Terms, and all other aspects of your use of MarketScout.com and/or
CICSelect.com, shall be governed by and construed in accordance with the laws
of the State of Texas, without regard to its conflict of laws rules. All claims
and disputes arising out of these Terms or your use of MarketScout.com and/or
CICSelect.com shall be submitted to and resolved by binding arbitration of the
American Arbitration Association. No demand for arbitration or action of any
kind or nature arising out of these Terms, or out of any use of MarketScout.com
and/or CICSelect.com by an insurance agent, shall be brought by either MarketScout.com,
CICSelect.com or any insurance agent more than one year after the date on which
the cause of action first arises. Judgment upon the award rendered by the arbitrator
may be entered in, and enforced by, and each party to this Agreement submits
to the exclusive jurisdiction of, the state and federal courts, of Dallas, Texas,
and waives any jurisdictional, venue, or inconvenient forum objections to such
courts. In any arbitration proceeding or action to enforce the arbitrator's
award, the prevailing party will be entitled to costs and attorneys' fees. 14c.
These Terms constitute the entire agreement between you and MarketScout.com
and/or CICSelect.com with respect to MarketScout.com and/or CICSelect.com and
supersedes all prior agreements, understandings, representations or warranties,
whether written or oral, between you and MarketScout.com and/or CICSelect.com
|
|
