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Tokio Marine Highland

Terms of Use

Parties to this Agreement

These are the TMH On-Line platform Terms of Use (“Terms of Use”) by and between Tokio Marine Highland Insurance Services, Inc., including any of its subsidiaries (“TMH”, “we”, “us”, “our”) and the Authorized User, defined in the Eligibility Requirements listed below (“User”, “you”, “your”). These Terms of Use are incorporated into and form part of each Producer Agreement (“Agreement”) by and between TMH (and/or its subsidiaries) and each insurance producer, agency, or broker (“Producer”), authorized to write insurance business with TMH (“Products”). These Terms of Use are posted on the internet at https://www.tokiomarinehighland.com/terms-of-use, and may be amended from time to time, as stated below. These Terms of Use and the Agreement represent the entire understanding, whether oral or written, between TMH and each Authorized User concerning your use and access to the TMH On-Line platform. (Hereinafter, TMH and User are each individually a “Party”, and are both collectively the “Parties”.)  These Terms of Use may not be altered or amended by either Party, except as stated herein below. There are no warranties, representations, or terms concerning your use of the TMH On-Line platform except those set forth in the Agreement and these Terms of Use. By accessing the TMH On-Line platform, for any reason, you hereby agree to these Terms of Use, and as may be amended from time to time.

Term and Termination

You are bound by these Terms of Use beginning on the first day you access the TMH On-Line platform for any purpose (“Effective Date”) and for so long as you continue using the TMH On-Line platform. We may revoke or suspend your ability to access the TMH On-Line platform at any time, with or without prior notice.

Eligibility Requirements

An Authorized User is a natural person: (1) that is affiliated with, employed by, or a principal of, the appointed Producer listed in the Agreement; (2) that has completed the registration process by providing accurate, current, and complete registration information, including a dedicated and valid email address (“Registered User”); (3) that is using the TMH On-Line platform to quote or bind coverage exclusively on behalf of Producer under a valid and enforceable Agreement; (4) that is at least 18 years of age; and (5) that is duly licensed to sell all Products in each state where you intend to quote or bind coverage using the TMH On-Line platform (collectively “Eligibility Requirements”). By accessing the TMH On-Line platform for any reason, you represent and warrant that you are an Authorized User who currently meets all Eligibility Requirements.

Changes to the Terms of Use

When you access the TMH On-Line platform for any reason, you are affirmatively agreeing to abide by these Terms of Use and all revisions posted on the WNC On-Line platform website at https://www.tokiomarinehighland.com/online-terms-of-use. We may revise these Terms of Use from time to time at our sole discretion. The date the Terms of Use was last revised is identified in the footer of each page of the Terms of Use. All changes are effective when we post them and they will apply to all access to and use of the TMH On-Line platform thereafter. Your continued use of the TMH On-Line platform following the posting of revised Terms of Use means that you accept and agree to all revisions. You agree to check periodically the TMH On-Line platform website address noted above for new or amended Terms of Use as a condition of continued use of our platform.

Providing Accurate Information

You will use your own independent judgment and skill as a licensed insurance professional when using the TMH On-Line platform, even if the TMH On-Line platform will allow you to do otherwise. You warrant and represent that all information submitted by you through the TMH On-Line platform will be complete and accurate in all material respects and will not contain any confidential information of third parties unless they have expressly consented to your disclosure of such information to us. You also warrant and represent that you will comply with all laws, rules and regulations concerning disclosure and use of confidential information.

Accessing the TMH On-Line Platform

We reserve the right to withdraw or amend the TMH On-Line platform, and any service or material we provide on or through the TMH On-Line platform, at our sole discretion without notice. We will not be liable if all or any part of the TMH On-Line platform is temporarily or permanently unavailable at any time, and for any reason. Your failure to maintain a current and valid email address dedicated to receiving all communications from us regarding the TMH On-Line platform, the Agreement, these Terms of Use, or any Products.

Account Security

Your User ID and Password are part of our security procedures. You must treat all information related to security, including your User ID and Password, as confidential and you must not disclose such information to any other person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the TMH On-Line platform, or portions of it, using your User ID, Password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your User ID or Password or any other breach of security of which you become aware. You also agree to exit your account at the end of each session and to take due care when accessing your account from a public or shared computer so that others are not able to view or record your Password or other security or personal information. We have the right to disable any User ID, Password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion.

Intellectual Property Rights

The TMH On-Line platform, the home page, and all of their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by TMH, or its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the TMH On-Line platform for your commercial use, but only as an Authorized User to quote and bind insurance coverage. Neither the Agreement nor these Terms of Use grant any ownership rights to you in any intellectual property.

Intellectual Property

TMH’s name, the term TMH On-Line platform, our various logos, and those of our carriers, and all related names, logos, Products, and service names, designs, and slogans are intellectual property of TMH, or its carriers, affiliates, or licensors. You must not use such intellectual property without our express prior written consent. All other names, logos, product and service names, designs, and slogans on the TMH On-Line platform are intellectual property of their respective owners and the same prohibition against use applies. Nothing in these Terms of Use, the Agreement, or access to the TMH On-Line platform is intended to transfer any ownership or interest in any intellectual property to anyone, including any Producer or Authorized User.

Prohibited Uses

You may lawfully use the TMH On-Line platform in accordance with these Terms of Use. You agree not to use the TMH On-Line platform:

  • To violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regulating insurance, data or software).
  • To impersonate or attempt to impersonate TMH, any TMH employee, or any other person or entity (including without limitation, by using e­mail addresses or screen names associated with any of the foregoing.
  • To engage in any conduct that restricts anyone’s use or enjoyment of the TMH On-Line platform, or which, as determined by us, may harm users of the TMH On-Line platform or expose them or us to liability.
  • To use a “page-scrape”, “deep-link”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion or content of the TMH On-Line platform for any purpose. Obtaining a quote with the intent to bind such coverage, when acceptable to your own specific client’s needs, is the only permitted use of the TMH On-Line platform.
Third Party Disclaimer

At certain places in the TMH On-Line platform, you may receive access to content that has been created, published, or otherwise posted by third parties (“Third Party Materials”). TMH provides access to Third Party Materials “as is” and accepts no responsibility for any Third Party Materials. You hereby agree to assume all losses or damages that may arise from your use of Third Party Materials. TMH does not certify, guarantee, or warrant any Third Party Materials. If you decide to rely on any Third Party Materials accessed in connection with the TMH On-Line platform, you do so entirely at your own risk and subject to the terms and conditions of use of such Third Party Materials, if any published by such provider. Nothing in the TMH On-Line platform is intended to relieve you of your legal duties as a licensed insurance producer.

Linking to the TMH On-Line Platform

With our express prior written consent, may allow you to link to the TMH On-Line platform home page, only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part or on the part of our carriers. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. If we grant linking permissions, we reserve the right to withdraw all or any portion of the linking permissions granted hereunder, and without notice.

Geographic Restrictions

TMH is based in South Pasadena, State of California, in the United States of America. The TMH On-Line platform is provided for use only by Authorized Users located in the US. The TMH On-Line platform and its content may not be accessible or appropriate outside of the United States. Access to the TMH On-Line platform may not be legal by certain persons or in certain countries. If you access the TMH On-Line platform from outside the United States, you do so on your own risk and are responsible for compliance with all laws.

Disclaimer of Warranties

You  understand  that  TMH  cannot  and  does  not  guarantee  or  warrant  that  the files available for downloading from the internet or the TMH On-Line platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti­virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a “Denial­of­Service” attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the TMH On-Line platform or any services or items obtained through the TMH On-Line platform or due to your downloading of any material posted on the TMH On-Line platform or on any website linked to it.

Your use of the TMH On-Line platform, its content, services, and items obtained through the TMH On-Line platform is voluntary and at your own risk. The TMH On-Line platform, its content, services, and items obtained through the TMH On-Line platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither TMH nor any person associated with TMH makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the TMH On-Line platform or any content available on or through it. Without limiting the foregoing, neither TMH nor anyone associated with TMH represents or warrants that the TMH On-Line platform, its content, services, or items obtained through the TMH On-Line platform will be accurate, reliable, error­free or uninterrupted, that defects will be corrected, that the TMH On-Line platform or the server that makes it available are free of viruses or other harmful components, or that the TMH On-Line platform or any services or items obtained through it will otherwise meet your needs or expectations.

TMH hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non­infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

IN NO EVENT WILL TMH, ITS CARRIERS, ITS AFFILIATES, OR ANY OF THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE TMH ON-LINE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE TMH ON-LINE PLATFORM OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM. TMH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER KIND OF DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS INCOME, OR LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR PROPERTY LOSS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF ANY SUCH DAMAGES ARE FORESEEABLE.

THE FOREGOING LIMITATION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

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 of Use, or your use of the TMH On-Line platform in violation of any applicable law.

Limitation on Claims

Any suit, claim, or cause of action arising out of or connected with these Terms of Use or the TMH On-Line platform 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.

Cookies

We use cookies while you use the system to help us maintain certain TMH On-Line platform configurations for you. Cookies are small text files that websites often store on the computer hard drives of visitors to their sites. A cookie contains a unique code, which is used to recognize a computer when a user of that computer returns to a website that was visited previously. The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. However, to use certain features of our TMH On-Line platform, users must have the “cookie” function on their browsers enabled. You agree to allow our cookies and understand that the TMH On-Line platform will not function without their use.

Email Communications

All communications, including marketing communications, concerning the TMH On-Line platform, the Agreement, these Terms of Use, or any Product will be made to each Authorized Users using email. You understand and agree that these electronic communications are required under the Agreement and these Terms of Use, and that you are hereby giving your express permission to send these communications to you using email, rather than using the US Mail system or any other form of paper communication. Your sole and exclusive means to discontinue receiving these important company communications will be to cease using the WNC On-Line platform for any purpose. You may opt-out of our marketing communications at any time by sending an email to this address unsubscribe@tmhighland.com. Be sure to send the email from the email address that receives our communications.

Governing Law and Jurisdiction

All matters relating to the TMH On-Line platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (including non­contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any suit, action, or proceeding arising out of or related to these Terms of Use or the TMH On-Line platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Los Angeles County. You waive any and all objections to the exercise of jurisdiction over you or to venue by and in such courts.