TERMS & CONDITIONS
This website (this “Site”) is designed and operated by Tokio Marine Highland Insurance Services, Inc. (“TMH”), a service provider approved by your lender or loan servicer. TMH provides this Site to allow you or your authorized representative to submit your insurance information by uploading your insurance document(s) that satisfy the requirement(s) of your loan. TMH provides this Site subject to the following Terms of Use.
By accessing this site, you acknowledge that you agree to these terms and conditions and as amended from time to time. If you do not agree to be bound by these terms and conditions, you should promptly exit this site.
PRIVACY POLICY
Please read our Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.
MODIFICATIONS
We reserve the right to modify, add, or remove portions of these Terms and Conditions at any time.
OWNERSHIP AND PROPRIETARY RIGHTS
The Site and its content, features, functionality, design, software, and all other elements (collectively, the "Components") are protected by United States copyright and trademark laws, and all other relevant intellectual property and proprietary rights and applicable laws. All Components, trademarks, service marks, and trade names displayed through the Site are proprietary to TMH. Except as expressly authorized by TMH in the End User License section below, you agree not to sell, license, copy, alter, reverse engineer, disassemble, decompile, adapt, or otherwise make unauthorized use of the Components. You agree not to disclose, transmit, publish, or provide the Components to any other party.
INFORMATION PROVIDED IN CONNECTION WITH THE SITE SERVICES
You agree that any and all information you provide to TMH in connection with your use of the Site will be true, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
USAGE RULES AND PROHIBITED CONDUCT
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU WILL NOT:
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1.
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Use the Site to harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location or personal information about others;
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Use the Site if you are under the age of 18 years old;
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Use the Site for any commercial or non-private use, with the understanding that the Site is intended only for individual, non-commercial use;
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Use the Site for any illegal purpose, or in violation of any local, state or national law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
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Include offensive or pornographic materials in any transmission by or through the Site;
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Post, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
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Post, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
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Imitate any person or entity, falsely claim an affiliation with any person or entity;
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Misrepresent the source, identity or content of information transmitted via the Site;
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Remove, circumvent, disable, damage, reverse engineer, or interfere with security-related features of the Site, digital rights management technologies included in the Site, features that prevent or restrict use or copying of content accessible through the Site, or elements that impose limitations on use of the Site;
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Intentionally interfere with or damage operation of the Site or any user's use of the Site, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
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Attempt to gain unauthorized access to the Site, other computer systems connected to the Site, through hacking or any other means to interfere or attempt to interfere with the correct working of the Site or any activities conducted on the Site; or
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Use any robot, spider, scraper or other automated means to access the Site for any purpose or bypass other measures TMH may use to prevent or restrict access to the Site or modify the Site in any manner or form, nor to use modified versions of the Site, including without limitation for the purpose of obtaining unlawful or unauthorized access to the Site.
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REFUSAL SUSPENSION OF SITE AND SITE SERVICES
We reserve the right, but are not obligated, to have our systems monitor any user's use of or access to the Site and reserve the right to disable, refuse, or suspend any user's use of or access to the Site for any reason at any time and without any notice. These remedies are in addition to any other remedies TMH may have at law or in equity.
USER SUBMISSIONS
The Site allows the submission of content (insurance information and documents) by you and other users ("User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of submitting or uploading them. In connection with User Submissions, you warrant that: (i) you own, or have the necessary rights, consents, and permissions to use, and authorize TMH to use any and all User Submissions in the manner and purpose contemplated by the Site; (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to enable inclusion and use of the User Submissions in the manner and purpose contemplated by the Site; and (iii) you agree not to make any User Submissions that (a) are unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (b) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of TMH or its business associates; or (c) includes personal or identifying information about another person without that person's explicit consent. We assume no responsibility whatsoever in connection with or arising from User Submissions.
END USER LICENSES
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License Grant. We hereby grant you a non-exclusive, non-transferable, revocable license to use the Site. We also hereby grant you a non-exclusive, non-transferable, revocable license to use the Components in connection with your personal use of the Site.
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Restrictions. You may not:
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modify, disassemble, decompile or reverse engineer the Site, except to the extent that such restriction is expressly prohibited by law;
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rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Components to any third-party;
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make any copies of the Components;
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remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or
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delete the copyright and other proprietary rights notices on the Components.
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Open Source. With respect to any open source or third-party code that may be incorporated in the Site, such open source code is covered by the applicable open source or third-party license EULA(s) authorizing use of such code.
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Rights Reserved. The foregoing license grants are not a sale of the Components or any copy thereof and TMH and its third-party licensors retain all right, title, and interest in the Components. Any attempt by you to transfer any of the rights, duties or obligations hereunder, is void. We reserve all rights not expressly granted under these Terms of Use.
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Geographic Restrictions. TMH is based in South Pasadena, State of California, in the United States of America. The Site is provided for use only by users located in the United States. The Site and its content may not be accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk, and you are responsible for compliance with all laws.
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VIOLATIONS AND TERMINATION
You agree that TMH, in the good faith belief that you have violated any of the terms and conditions of these Terms of Use, may terminate any account for the Site and remove and discard all or any part of your account at any time. You agree that any termination of your access to the Site or any portion thereof may be affected without prior notice, and you agree that TMH will not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies TMH may have at law or in equity.
INDEMNIFICATION AND DISCLAIMER OF WARRANTIES
You agree to indemnify and hold TMH, its affiliates and licensors, and its and their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third-party claims relating to your use of the Site, any third-party site, content, product, or service, or any violation of these Terms of Use, or any other actions connected with your use of the Site or any third-party site, content, product or service (including all actions taken under your account). In the event of such claim, TMH will provide notice of the claim, suit or action to the contact information TMH has for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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(A)
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TMH has offered the Site without charge to you and are doing so in reliance upon the warranty disclaimers and the limitations of liability set forth in these terms of use and that (i) the warranty disclaimers and the limitations of liability set forth in these terms of use reflect a reasonable and fair allocation of risk between you and TMH, (ii) the warranty disclaimers and the limitations of liability set forth in these terms of use form an essential basis of the agreement between you and TMH, and (iii) TMH would not be able to provide this Site to you on an economically reasonable basis without these limitations and disclaimers.
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(B)
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Your use of the Site, content, components and third-party services included on or otherwise made available to you through the Site is at your sole risk. The Site, content, components and third-party services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, TMH expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
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(C)
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TMH does not warrant that the Site, content, components or third-party services will (i) meet all of your requirements; (ii) be uninterrupted, timely, secure or error-free; or (iii) that all errors will be corrected.
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(D)
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Any component downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you are solely responsible for any damage to your computer or other device or loss of data that results from the download of any such component.
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No advice or information, whether oral or written, obtained by you from TMH through or from the Site or components shall create any warranty not expressly stated in these terms of use.
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(F)
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TMH shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, (i) damages for loss of profits, goodwill, use, or data, (ii) cover, or (iii) other intangible losses (even if TMH has been advised of the possibility of such damage) resulting from: (1) the use of or the inability to use the Site, services or components; (2) unauthorized access to or the loss, corruption or alteration of your submissions, content or data; (3) TMH actions or omissions in reliance upon your information and any changes thereto or notices received therefrom; (4) the refusal to provide you with access to or termination of your ability to use the site; (5) the acts or omissions of any third party using or integrating with the site; or (6) any other matter relating to the site, content, components or third-party services.
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(G)
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In no event shall TMH total cumulative liability to you for all damages, losses, and causes of action arising out of or relating to your use of the site, content, components, or third-party services, or any warranties TMH may provide, or otherwise, exceed the amounts received by TMH from your lender or loan servicer for providing you the Site or one hundred dollars, whichever is greater.
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(H)
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Nothing in these terms of use is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those limitations which are lawful in your jurisdiction (if any) will apply to you and TMH liability is limited to the maximum extent permitted by law.
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(I)
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You agree to defend, indemnify and hold harmless TMH, and its carriers, affiliates, licensors, and service providers, and any of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms & Conditions, or your use of iClient in violation of any applicable law.
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(J)
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Any suit, claim, or cause of action arising out of or connected with these Terms & Conditions or iClient must be commenced within one (1) year after such suit, claim, or cause of action accrues, otherwise such suit, claim, or cause of action is hereby permanently barred forever.
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(K)
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Any controversy or claim arising out of relating to these Terms & Conditions, or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and any reasonable monetary award rendered by such neutral arbitrator(s) may be entered as a judgment in any court having proper jurisdiction thereof.
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(L).
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If any word, phrase, or provision of these Terms & Conditions is declared to be invalid, unenforceable or inoperative, by a court of competent jurisdiction, such invalidity, unenforceability, or inoperability shall not affect the remaining provisions of the Terms & Conditions, and such remainder of the Terms & Conditions shall continue in full force and effect.
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END OF TERMS & CONDITIONS
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