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Terms of Use

Acceptable Use Guidelines


Updated: March 05, 2017


PLEASE REVIEW THE FOLLOWING CONDITIONS CAREFULLY. THIS INFORMATION DESCRIBES THE TERMS BY WHICH INSURANCE TRACKING SERVICES, INC. (ITS) OFFERS YOU ACCESS TO OUR SITE/SERVICES.

IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO USE THIS WEBSITE.


ACKNOWLEDGEMENT AND ACCEPTANCE OF ACCEPTABLE USE GUIDELINES

Insurance Tracking Services, Inc., a California Corporation (hereinafter referred to as "Company"), maintains these websites (https://its.insurancetrackingservices.com/clientreports/ and https://its.insurancetrackingservices.com/insuredreports/ hereinafter collectively referred to as the "Site") as a service to its customers. By using the Site or any current or future service(s) provided to you by the Company (collectively the "Services") whether or not in accordance with an applicable service agreement ("Service Agreement(s)"), you are agreeing to comply with and be bound by the terms and conditions of these Acceptable Use Guidelines and any operating rules, regulations, policies, and procedures that may be modified from time to time on the Site (collectively, the "Terms"). The Terms govern your access to and use of the Site, the Services and any information, products, software, and/or features made available to you. If you are using the Site or Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf. In the case of any violation of the Terms, Insurance Tracking Services, Inc. reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to the Site and use of the Services, both now and in the future.

 

ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, THE SERVICES OR SUCH OTHER ACTION PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPANY SERVICE AGREEMENT.


LAWFUL USE

You agree that use of the Site and/or any Services, is subject to all applicable national, state, and local laws and any and all applicable regulations, including the Terms. Furthermore, you agree that you will not engage in practices that:

1. Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, the unauthorized copying and posting of content, including but not limited to pictures, logos, reports, software, articles, and videos;

2. Contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spyware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate the Services or any system, program, data or information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;

3. Impersonate any person or entity, including any of our employees, representatives, or customers;

4. Violate any federal or state law, statute, ordinance, or regulation including, without limitation, those governing unfair competition.


ENFORCEMENT

Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) the Services; (ii) a Service Agreement; and/or (iii) access to this Site, if it determines that your activities violate the Terms. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these guidelines, please contact support@instracking.com


MODIFICATIONS TO THE SITE

Company reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site.


INTELLECTUAL PROPERTY RIGHTS

The Site is proprietary to Company. All the text, images, marks, logos, reports, features, designs, software code and other content of the Site ("Site Content") is proprietary to Company. Company authorizes you to view, download, and print the Site Content provided that:

(i) you may only do so for your own personal and non-commercial use;

(ii) you may not copy, publish or redistribute any Site Content;

(iii) you may not modify Site Content;

(iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Company.

Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Company. To request permission you may contact Company at support@instracking.com.
You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.


WARRANTY

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS FREE NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, COMPANY SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY TO ENABLE THE SITE AND THE SERVICES TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF COMPANY'S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THE APPLICABLE SERVICE AGREEMENT AND CEASE USING THE SITE. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND COMPANY'S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES IN THE COMPANY SERVICES. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT COMPANY HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE, REPUBLICATION OR OTHER EXPLOITATION OF THE SITE OR SERVICES. YOU USE THE SITE AT YOUR OWN RISK AND THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF SERVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.


DISCLAIMER

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE SITE OR SERVICES, OR OTHER SERVICES PROVIDED THROUGH THIS SITE. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE.


LIMITATION OF LIABILITY

INSURANCE TRACKING SERVICES, INC. EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, WEBSITES, FACILITIES, OR YOUR DATA DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND INSURANCE TRACKING SERVICES, INC. REASONABLE CONTROL. YOU EXPRESSLY AGREE THAT INSURANCE TRACKING SERVICES, INC. SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SERVICES, THE INSURANCE TRACKING SERVICES, INC. SYSTEM OR WEBSITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE THE INSURANCE TRACKING SERVICES, INC. SYSTEM, PROGRAM OR DATA OR LIMIT THE FUNCTIONING OF THE SITE, SERVICES OR ANY SOFTWARE, HARDWARE, OR EQUIPMENT OR TO DAMAGE OR OBTAIN UNAUTHORIZED ACCESS TO ANY DATA OR ANY INFORMATION OF ANY THIRD PARTY.


EXCLUSION

AS A CONDITION OF USE OF THE SITE AND SERVICES, YOU AGREE THAT NEITHER COMPANY, NOR ANY OFFICER, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF COMPANY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, SERVICES OR SERVICE AGREEMENTS, HOWEVER ARISING, INCLUDING WITHOUT LIMITATION, THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS, SERVICES PROVIDED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FAILURE OF THE SITE TO STORE YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE OF COMPANY AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AND AGENTS, WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A COURSE OF ACTION IN CONTRACT, OR ANY OTHER LEGAL DOCTRINE.


LIMITATION

EXCEPT AS OTHERWISE LIMITED, OUR LIABILITY AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES SHALL BE LIMITED TO THE AMOUNT YOU PAY US IN THE 30 DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company, its directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of:

(a) your use of the Site and/or Services;

(b) your breach or alleged breach of any representation, warranty or other obligation;

(c) the negligence or willful misconduct by you or your employees or agents;

(d) any violation of the Terms or Privacy Policy;

(e) your infringement of any intellectual property.


ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site will be subject to prosecution.


SERVICES OFFERED BY COMPANY ON THIS SITE
When you enroll to obtain a Service from the Company, you accept the specific terms and conditions applicable to that Service in accordance with the applicable Service Agreement. Except as provided in the Service Agreement, Company does not warrant that any service description or content contained in this Site is accurate, current, reliable, complete, or error-free.


TERMINATION & EFFECT

Company may terminate access to the Site and the Services, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Site and/or Services; and (b) notify Company of termination. Upon termination of access to the Site and/or Services, your right to use the Site and/or Services shall immediately cease.


PRIVACY POLICY

Information collected by the Site will be treated in accordance with Company's Privacy Policy located at http://www.instracking.com/privacy.


TRADEMARKS

All company logos and product names referenced herein are the trademarks or registered trademarks of their respective holders. You shall not register or attempt to register any of the Company's marks or trademarks that would reasonably be deemed to be confusingly similar to any of the Company's marks or trademarks. You shall comply with all standards with respect to the Company's marks and all uses of the marks shall be consistent with Company standards. For further information on Company copyrights and trademarks, please contact support@instracking.com.


FORCE MAJEURE

Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company's reasonable control.


EXECUTION CLAUSE

This Agreement may be executed in one or more duplicates or counterparts, any of which shall be considered an original of the Agreement even if the others are not produced.


GENERAL

In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unlawful, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unlawful, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Acceptable Use Guidelines and the applicable Service Agreement, the latter shall govern.


Click here to read our Privacy Policy

 

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