Website Terms and Services
These Terms of Service ("Terms") govern your access to and use of the online insured portal (collectively, the "Website") ("Services") provided by Windward Risk Managers, LLC (hereinafter, “Company”). Please read these Terms carefully before using the Services. References to "you" in these Terms means you, your duly authorized representatives, and any entity you may represent in connection with your use of the Services.
The “Company” reserves the right to determine eligibility. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, which incorporates the Privacy Policy by reference, please do not access or otherwise use our Services or any information contained herein.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our Website, and will apply to causes of action arising after the effective date of the change. You should continue to check the Website for changes. Your continued use of our Website or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you confirm that: (i) you can form a binding contract with us; and (ii) you are over the age of 18 as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
To use the Website, you must have access to a wireless network, and you agree to pay any and all fees associated with such access. You agree to comply with, and your license to use the Website is conditioned upon your compliance with, all applicable third-party terms of use and agreements (e.g., Google Play’s or Website Store's terms and policies) when using the Services, including the Website. You acknowledge that Google Play and/or Website Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. Do Not Rely on our Website for your financial decisions. The content on the Company’s website and other content is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Application License
Subject to these Terms and our policies (including policies made available to you with the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.: (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access (other than your User Content), which shall remain with us and our respective licensors.
“Company” Rights
All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of the “Company.” The “Company” reserves all rights not expressly granted in and to the Services.
Account Information
To access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to the “Company” upon registration is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up to date at all times.
Privacy and Passwords
The “Company” values and protects the privacy of your information. Please review our Privacy Policy, as it contains important information relating to your use of our Website and Products.
Some portions of the Site and Products are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Website is prohibited. You agree that you will notify the Company immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if Company believes that any unauthorized access may occur or has occurred, we may terminate your account access without prior notice to you.
User Content - General
The Service may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By providing User Content to Company, you are granting the Company a license to use the User Content to make it available through the Service.
License Grant by You to Company
By uploading User Content, you are granting the Company a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Company to operate the Service. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Company to make such User Content available to, and pass these rights along to, others with whom Company has contractual relationships related to the provision of the Company service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Company determines such access is necessary to comply with its legal obligations.
Submitted Ideas
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Company through the Website or through any other channel or mechanism (collectively, "Contributions"), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) the Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) the Company may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of the Company without any obligation of the Company to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from the Company under any circumstances.
Unauthorized Use
Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Notice; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith.
By using the Services you agree not to: (i) create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand). (ii) defame, stalk, bully, abuse, threaten, harass, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts;(iii) use or attempt to use another's account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors'); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users' or third party's information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, "scrape," "crawl," "cache," "spider" or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the App; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or (xxii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
We will use various methods to provide communications to you electronically, including via e-mail or through our website or Website. For this second option, you may need to log-in to access the information.
Disclosure
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users' or the public's rights, property or safety.
Limitation of Liability
To the maximum extent permitted by law, the Service Is Available "As Is." Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions and limitations of your insurance policy and applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY 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. (b) COMPANY DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) COMPANY’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) 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 WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Assignment
The Company reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
Indemnity
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account. This defense hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms and your use of the Site are governed in all respects by the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any dispute concerning the Website, or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in Palm Beach County, Florida.
General
We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms, together with the Privacy Notice, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.