Terms of Use
  1. Customer and its corporate affiliates (collectively hereinafter "Customer") has enabled you, whether through direct access or through the issuance of an ID and password, and, if applicable, an encryption key, to access certain information and functionality available through this Web site (the "Site"). This Site allows you to complete certain insurance transactions (the “Transactions”), access information that Customer makes available to clients and/or brokers generally (the "Information") and transmit certain data relative to such insurance transactions (the "Client Data"). You agree to the transmission of the Client Data and are solely responsible for maintaining the confidentiality of and agree not to disclose your ID, password, or any encryption key to any person or entity. You are solely responsible for all activity that occurs under your name, ID and password and for all charges for connection to the Site, including all necessary access lines and telephone and computer equipment. You will not: (1) use another user’s password or user ID to access the Site or transmit data through the Site; (2) use the Site for any illegal purposes or in a way that violates the privacy rights of any third party or any applicable law; (3) upload any files or software that may damage or provide unauthorized access to the data, software or hardware of another; (4) interfere or allow interference, directly or indirectly, with the proper functioning of the Site or any transactions offered through the Site; or (6) issue insurance contracts or any related documents, including certificates of insurance, from Customer, except in accordance with the terms of your current policy.
  2. If you are an insured of Customer and have received a password and user ID from Customer, and are accessing the Site to print Certificates of Insurance, you may print and then distribute one copy of each unique Certificate of Insurance as provided by Customer through the Site, only in accordance with the terms of your current policy. Each Certificate of Insurance is a one-of-a kind, negotiable, multi-page document, with a unique number (usually located in the upper right hand corner of the document). You may only print and distribute one original Certificate of Insurance per unique number, and, if applicable, one duplicate Certificate of Insurance per certificate number. You may be allocated a range of unique Certificate of Insurance numbers, and you may only issue Certificates of Insurance within that allocated range.
  3. Subject to this Agreement, and Customer’s agreement with Oceanwide Inc. (‘Supplier”), Customer hereby grants you a terminable, revocable, non-exclusive, non-transferable license to access and use the Site, Information and Client Data within your organization's risk management department and to complete Transactions through the Site. Customer and/or Supplier may at any time change the terms of use for the Site, deny access to the Site or deny, change, or terminate IDs and passwords, with or without cause, and without liability.
  4. Supplier retains all intellectual property and other rights, including, without limitation, copyrights, in its Information and to the Software. You may not sublicense, assign or transfer to anyone the Site (or any part thereof) or this license to access and use the Site. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, modify, distribute, publish, display, perform, upload to, create derivative works from, link with any 3rd party sites, transmit or in any way exploit any part of the Site or its contents, without the express written consent of the Supplier and Customer.
  5. To the extent that any Transactions or Client Data contains information in relation to which the laws of any state or country impose data protection obligations, you will be responsible for compliance with those laws in so far as they relate to your right to use such information, transfer it to Customer and for Customer to hold it in electronic form on the Site and use it in performing services for your organization.
  6. You acknowledge and agree that no system or technique can guarantee the security of the Client Data because the Client Data is on the Internet, which is a public network. Customer and Supplier shall not be liable for any damages or losses to you or your organization resulting from unauthorized access to the Site.
  7. THE INFORMATION, SITE AND CLIENT DATA, including the functionality to complete Transactions ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CUSTOMER NOR SUPPLIER, AT THIS SITE, WARRANT TO YOU THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR-FREE. NEITHER CUSTOMER NOR ANY THIRD PARTIES MENTIONED AT THIS SITE WARRANT OR MAKE TO YOU ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CUSTOMER OR ITS EMPLOYEES OR REPRESENTATIVES OR ANY THIRD PARTIES MENTIONED AT THIS SITE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF CUSTOMER'S OR ANY SUCH THIRD PARTIES' OBLIGATIONS HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THESE DISCLAIMERS WILL NOT APPLY TO YOU.
  8. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CUSTOMER WILL BE LIABLE ONLY FOR PERFORMANCE OF OBLIGATIONS UNDER INSURANCE POLICIES AND CONTRACTS APPROVED OR EXECUTED BY AN AUTHORIZED OFFICER OF CUSTOMER. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION CUSTOMER'S AND/OR SUPPLIER'S NEGLIGENCE, SHALL EITHER CUSTOMER OR SUPPLIER BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF EITHER SUPPLIER OR CUSTOMER OR ONE OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY UPON WHICH ANY CLAIM OF LIABILITY MAY BE BASED. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL SUPPLIER OR CUSTOMER'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS BOTH SUPPLIER AND CUSTOMER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

    ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT THEY ARE FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION, OR SUBMITS INFORMATION FOR A CERTIFICATE OF INSURANCE, OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD.
  9. If you access the Site from outside the United States, you are responsible for compliance with foreign and local laws. This license agreement is expressly made subject to any laws, regulations, orders or other restrictions, which may be imposed by the Government of the United States of America on the transaction of business activities with certain countries or nationals or residents of certain countries.
  10. This application and website makes certain use of “Cookies”. "Cookies" are small pieces of data that are received by your browser from Supplier to enable the operation of the application. Supplier sends "session cookies" to your computer if and when you log in to the application by entering your account and password. These cookies enable the application to process your commands during the same session, so that you don't need to re-enter your password multiple times. Some of the cookies are also used by the application to control how certain graphical elements such as menus and text editors are displayed at a given moment, as a result of your actions or based on your language and local preferences. This application does not use cookies for tracking: once you log out or close your browser, the session cookies are discarded, having never been stored on disk, and no longer have any effect. The cookies are encoded and required to only be transmitted over a secure connection so that this information can only be interpreted by the application and Supplier.
  11. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, that if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
  12. You agree that the terms of this Agreement, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds.
  13. This Agreement shall be governed by the laws of the State of New York, without reference to the principles of conflicts of laws thereof. You hereby irrevocably and unconditionally accept and agree, on behalf of yourself and your organization, to submit to the exclusive jurisdiction of any state or federal court in the State of New York to hear any dispute relating to this Agreement.
  14. You expressly agree that Supplier is a third-party beneficiary to Sections 4, 6, 7, and 8, of this Agreement and that Supplier shall have the right to enforce its rights against you (or join Customer in enforcing them) in its own name.