Professional Liability Insurance Services, Inc.
Disclaimer and Use Policy
Professional Liability Insurance Services, Inc. (“PLIS®,” “Our,” “Us” or “We”) have established websites, web portals and certain applications (collectively “Portals”) for our clients, underwriters, agents, partners, and other authorized users (collectively “User”) to permit access and data exchange for one or more of our programs. The “Portals” are owned and operated by and may be accessed through Our website or one of Our proprietary applications by authorized Users. We also host certain web applications that run on the PLIS platform and that may be provided by Us or by third parties (“Applications”).
All data, content, information and materials that may be found at and which comprise a Portal, Our website or any Application, including, but not limited to, customer information, account information, user information, claim information, staffing, pricing, costs, financial information, logins and passwords, images, illustrations, graphics, photographs, audio clips, video clips, text, artwork, software or HTML code (collectively “Content”) are protected by privacy laws, confidentiality, trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by PLIS®, its affiliates or third parties who have licensed such materials and content to PLIS.
All trademarks, service marks, names, trade names, trade dress, logos and images are registered and/or common law trademarks and service marks of PLIS® and/or its affiliates. Use of a Portal, any Application or Our website in no way grants User any rights or licenses to use such marks, logos, names or trade dress.
The protections, disclaimers and limitations contained herein shall apply to London underwriters as if a PLIS® company, and each of their officers, directors, syndicates and subsidiary companies.
USE OF PORTAL and APPLICATIONS
Subject to the terms hereof, PLIS® may provide User access to program features, including the ability to download forms, upload or edit customer or insured information or data, where applicable, through a Portal, Our website and/or Applications. PLIS hereby grants to User a limited, nontransferable, nonexclusive license to access and use Our Portals, the Applications and the software used by PLIS® through the Portals and in the Applications solely to access and upload customer data and information as authorized by the applicable program for so long as the User is an authorized User. User may display and print for its own use information and data received via the Portals or Applications that pertains to User and its business with PLIS. In the event User ceases to do business with PLIS, User shall immediately cease using the Portals and all Applications, and the license shall immediately terminate.
b. Restrictions on Use.
User shall not, directly or indirectly, (i) license, sell, lease, assign or otherwise transfer Content on the Portal, any Application or Portal/Application software, (ii) alter or permit a third party to alter any part of the Content, website(s) Portal, any Application or Portal/Application software; (iii) access or use any Content, information or materials of any third party available at the Portal or through any Application; (iv) use or permit the use of the Portal, website(s), Application, Content or Portal/Application software except for the User’s access to its own customer information; (v) distribute copies of information, materials or Content found on the Portal, website(s) or any Application in any form (including by e-mail or other electronic means), without prior written permission of PLIS, or (vi) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Portal and/or Application software.
c. Claims, Consumer and User Data.
User agrees that it is solely responsible for the accuracy of any and all information input by User or provided to PLIS for use in conjunction with any Program for use through the Portal or other Application (the “Data”). Data shall not include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious. By uploading or providing Data, User represents and warrants: (a) that User has the requisite authority and authorization to upload or provide such Data; (b) that all Data is accurate, genuine and not in fraud or violation of the rights of any consumer or third party; (c) that transmission of the Data does not violate or infringe any intellectual property right or privacy right of any third party, and (d) does not contain malicious software, spyware, adware or malware of any kind.
User is solely responsible for all use of its account, Portal and Application, and for maintaining the confidentiality of all applicable passwords, Data and information. Sharing of passwords and account numbers and information is at User’s own risk. User is responsible for the security of all Data saved to, or downloaded from, the Portal or through any Application.
e. Device and Usage Data.
As is true of most websites, we gather certain information automatically in connection with the use of the website, the Portal and Applications by individual users. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed,
searches, operating system and system configuration information and date/time stamps associated with your usage. This information is used to analyze overall trends, to help us provide and improve Our websites, Portal and Applications and to guarantee their security and continued proper functioning. In addition, we gather certain information automatically as part of your use of the cloud products and services that access or use Our websites, Portal and Applications. This information is used to maintain the security of the services, to provide necessary functionality, as well as to improve performance of the services, to assess and improve customer and user experience of the services, to review compliance with applicable usage terms, to identify future opportunities for development of the services, to assess capacity requirements, to identify customer opportunities and for the security.
PLIS® has taken reasonable efforts to ensure that the Content contained on Our Portal and accessible through our Applications or Our website is accurate. However, all Content is provided “AS IS,” and PLIS does not warrant and makes no representation that Content provided on Our Portal or accessible through Our Applications or Our website is accurate, appropriate or applicable for use in locations within or outside of the United States. Without limiting the foregoing, PLIS® further disclaims and does not represent or warrant the following:
That Our website, Portal or Application (as appropriate) will operate without interruption, errors defects, bugs, viruses or other harmful components or that any defects appearing therein will be corrected.
Liability or responsibility for damages involving the correctness, completeness, reliability or accuracy of Content or Data in any Program and/or the services provided thereby.
Liability or responsibility for damage, theft, loss, injury or claim of liability of any kind based on or resulting from any Content contained on any Portal or accessible through any Application, or as a result of unauthorized access to, damage to or interception of any data or communications sent to or from, scraped from or stored on any Portal or any Application.
Liability or responsibility to any person, firm or corporation for any loss, damage, injury, claim or liability of any kind or character based on or resulting from any Data or Content contained on any Portal or through any Application, or the accidental release of such Data or Content.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
a. PLIS® AND ITS AFFILLIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. PLIS DOES NOT WARRANT THAT THE WEBSITE, PORTAL OR APPLICATION IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL NOT CAUSE LOSS OF OR DAMAGE TO DATA STORED ON COMPUTING DEVICES ON WHICH IT IS INSTALLED. THE WEBSITE, PORTAL AND ANY APPLICATION MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS FROM A COMPUTER WITH WHICH THE WEBSITE, PORTAL OR APPLICATION IS USED OR ACCESSED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
b. UNDER NO CIRCUMSTANCES SHALL PLIS® OR ITS AFFILIATES BE LIABLE FOR ANY TYPE OF DAMAGES OR CLAIMS RELATED TO THE PORTAL, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF PLIS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
This Disclaimer and Use Policy, and any other legal notices published by PLIS® on the Portal, or in any Application or on Our website shall constitute the entire agreement between you and PLIS concerning use of Our website, any Portal and any Application. Nothing herein shall alter or amend any other contract or agreement that User has with PLIS, but shall be read as complimentary.
If a court of competent jurisdiction deems any provision of the terms and conditions invalid, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. No waiver of any term of this these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and PLIS’ failure to assert any right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision.