This summary only features select relevant updates to this End User License Agreement and does not aim to replace/misrepresent the full text below.
WHEREAS, ITC developed, owns and maintains a collection of Services for individuals to obtain and insurance agents to obtain or provide comparative insurance quotes for to personal lines insurance coverage from insurance companies or agency management services;
WHEREAS, The Services (a) permit Users to enter applicant information, (b) transmits the applicant information to various insurance companies; (c) returns quotes from the insurers to Users; or (d) manage insurance applicants, clients or policies;
WHEREAS, ITC agrees to provide Licensee and its customers with access to the Services pursuant to the terms of this Agreement;
NOW THEREFORE, in recognition of the mutual consideration hereunder, and the above recitals, the parties agree as follows:
"Affiliate" means any entity that directly or indirectly: majority owns or controls, is majority owned or controlled by, or is under common majority ownership or control with, a party to this Agreement or any company that is a successor (whether by change of name, merger, consolidation, reorganization, stock or asset purchase) to any such party or its business and assets.
"Agent" means any employee, officer, director, partner, consultant, representative, third-party service provider, contractor or other person designated by a party to act or perform on its behalf (including, without limitation, a subcontractor or delegate, pursuant to the Subcontracting & Delegation section herein).
"Applicable Standards" mean laws, regulations, and government directives and all industry standards with respect to the access and use of Protected Information.
"Personally Identifiable Information" or "Protected Information" means any information collected from or about any individual person(s) that the parties, their employees, or anyone acting on its behalf accesses pursuant to the Agreement including any personally identifiable information collected from or about any individual including, names, contact information (including, without limitation, e-mail addresses, postal addresses nd telephone numbers), government identification numbers, financial account numbers, payment card information, transaction information, credit report information, biometric information, IP addresses, network and hardware identifiers, geolocation information, and any other information about individuals or their use of the Services (including products and services provided by ITC on Licensee's behalf).
"Query" means a request for data generated by Licensee submitted to ITC.
"Query Response" means information received by Licensee from ITC in response to a Query.
"Services" means a collection of comparative rating software products and services collectively known as AccuAuto, TurboRater and TurboRater for Websites which provides comparative rates for insurance from various insurance carriers via web and API based interfaces or a collection of agency management software products and services collectively known as AccuAgency, Agency Matrix and InsurancePro which provide the administration and management of insurance applicants, clients and policies.
"Third Party Providers" means anyone acting on behalf of either party to assist in the performance of this Agreement. Third Party Providers include Licensee's appointed or un-appointed carriers, Managing General Agencies, and other providers of rates and data used by and within the Services. Some of the information supplied to Licensee in connection with the delivery of the Services may constitute data or information owned by persons or entities other than ITC. Licensee acknowledges that the Third Party Providers own all rights, title and interest in and to their respective databases including, but not limited to, all literary property rights, copyrights, trademarks, trade secrets, trade names, service marks, and logos. Licensee shall use commercially reasonable efforts to prevent and protect the contents of the databases from unauthorized disclosure, copying or use. Licensee's obligations concerning misuse and confidentiality of the Third Party Provider's databases and rights of action against Licensee for any breach thereof shall survive the termination of this agreement.
"User" means a user of the Services using a unique IP address or a user that is tied to an individual account or credentials of Licensee or Licensee's Affiliates.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS-IS." EXCEPT AS OTHERWISE SET FORTH HEREIN, NEITHER ITC NOR LICENSEE MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AND EACH PARTY EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ITC DOES NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ITC WILL CORRECT ALL ERRORS. LICENSEE ACKNOWLEDGES THAT ITC DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ITC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS THAT ARE BEYOND ITS REASONABLE CONTROL.
BY OFFERING SERVICES OVER THE INTERNET, NO SOLICITATION IS MADE BY ITC TO ANY PERSON IN JURISDICTIONS WHERE THE PROVISION OF SUCH PRODUCTS OR SERVICES ARE PROHIBITED BY LAW.
THE SERVICES INCORPORATE LICENSED COPYRIGHTED AND OTHER PROPRIETARY MATERIAL OF ACORD CORPORATION, INCLUDING ACORD STANDARDIZED FORMS. ACORD FORMS ARE LICENSED BY ACORD, NOT SOLD.
YOU ACKNOWLEDGE AND AGREE THAT YOU MUST BE PARTY TO A WRITTEN LICENSE AGREEMENT DIRECTLY WITH ACORD CORPORATION IN ORDER TO USE THE ACORD FORMS CONTAINED IN THE SERVICES, AND REPRESENT AND WARRANT THAT YOU WILL OBTAIN SUCH A LICENSE PRIOR TO USING ACORD FORMS. NEITHER ITC, NOR ANY THIRD PARTY, CAN GRANT LICENSES TO USE ACORD FORMS. YOU CAN OBTAIN A LICENSE AGREEMENT PERMITTING YOU AND YOUR USERS TO USE ACORD FORMS, WHICH MAY REQUIRE YOU TO PAY FEES TO ACORD, BY CONTACTING ACORD AT +1-845-620-1700 OR THROUGH THE ADDITIONAL CONTACT INFORMATION AVAILABLE AT WWW.ACORD.ORG.
ACORD FORMS ARE MODIFIED PERIODICALLY TO REFLECT CHANGING LEGAL, INDUSTRY AND OTHER REQUIREMENTS. THE ACORD FORMS CONTAINED IN THE SERVICES MAY NOT BE THE MOST CURRENT MATERIALS THAT ACORD PUBLISHES.
USING OUTDATED ACORD FORMS MAY BE PROHIBITED IN CERTAIN CASES BY GOVERNMENT REGULATORS AND INCREASES THE RISK OF LEGAL ACTION BY INSUREDS AND OTHER THIRD PARTIES.
IT IS SOLELY YOUR RESPONSIBILITY TO CONFIRM THAT YOU ARE USING ONLY THE MOST CURRENT FORMS THAT ACORD PUBLISHES. YOU MAY DETERMINE THE CURRENCY OR NON-CURRENCY OF ACORD FORMS BY CONSULTING THE FORMS INFORMATION SECTION OF ACORD’S WEBSITE (WWW.ACORD.ORG).
ACORD is an intended third-party beneficiary of the above provisions. The above provisions are made expressly for the benefit of, and are enforceable by, ACORD. The name ACORD and the ACORD logo are registered marks of ACORD Corporation.
The Services may include data sources provided by Insurance Services Office, Inc. ("ISO"). Licensee's carriers or managing general agencies may use ISO's proprietary vehicle symbols for rating and underwriting ("ISO Participating Insurers"). Licensee understands that (i) the Services include copyrighted material of ISO used with its permission, (ii) the Services include information which is proprietary to ISO, (iii) use of ISO proprietary information is limited to ISO Participating Insurers. ISO Participating Insurers' use is limited to those jurisdictions and for those lines of insurance, jurisdictions and services for which such insurer is licensed by ISO, (iv) ISO does not guarantee the accuracy or timeliness of the ISO information provided, and (v) ISO shall not be liable for any loss or damage of any kind and howsoever caused resulting from Licensee's use of the ISO information.