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.
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.
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.
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.
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.
f 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.