PLEASE READ AND REVIEW THESE TERMS CAREFULLY.
Scope
This website is owned and operated by Contractors Insurance Solutions Inc. (“CIS-Contractors Insurance Solutions” or “CIS”). By using this website and/or your accepting any CIS offer for services, verbally or in writing, you are agreeing to these terms and conditions. CIS reserves the right to change these conditions as it may deem necessary without notice to you.
CIS’s Role and Compensation
CIS provides its clients with services and insurance consulting to inform its clients about the insurance policies and surety bonds that may be obtained. The services of CIS (“Services”) are structured and provided based on interviews and interactions with thousands of clients. CIS takes its clients step by step through the process of comparing, evaluating, and selecting individual insurance plans. CIS is an insurance broker and not an insurance carrier. CIS does not fund any claims or coverage, recommend any particular coverage for you, make any representation or warranty that any coverage you obtain through CIS is best aligned with your own needs, or serve as a fiduciary to you or your employer. There may be coverage options available to you other than those offered through CIS. You are responsible for independently ensuring that your selection of coverage through CIS is appropriate for you.
In accordance with industry custom, CIS’s compensation for these Services consists of broker fee(s) plus commissions paid by insurers that are calculated as a percentage of the insurance premiums those insurers collect for the coverage you obtain, or a fixed dollar amount per subscriber. The rate of compensation paid to CIS is generally fixed at the time of placement or renewal, and may vary among insurers or among the products offered by an insurer. In certain instances, CIS may also be paid supplemental commissions in addition to base commissions. These supplemental commissions may also be paid at a rate that is fixed at placement or renewal, or be paid at a rate of commission that may change following placement or renewal based upon factors such as the volume, growth and/or retention of CIS’s book of business with the insurer or service provider. CIS may also receive additional monetary and non-monetary compensation from insurers or others that includes payment for marketing or technology related expenses, and other service fees.
Upon your request, additional information is available from CIS regarding its role and compensation from insurers. You may obtain this information by contacting CIS at 1-323-400-6700.
Insurance Terms and Conditions
Insurance obtained through CIS is provided by a separate and independent insurance carrier under terms and conditions exclusively set forth in the insurance contract issued by your insuring carrier. Among other items, these insurance terms and conditions define one’s eligibility for coverage, available benefits, coverage duration, claims processes and any other conditions that must be satisfied to obtain and maintain coverage. You should refer to the terms and conditions issued by each carrier and service provider for a complete description of coverage or service, and make your own independent judgment as to whether this coverage or service satisfies your insurance needs. As these carriers and service providers are separate and independent from CIS, CIS is not responsible for any carrier’s or service provider’s failure to provide coverage or service, including but not limited to any failure resulting from the carrier’s or service provider’s current or future financial condition or solvency.
Any insurance or service you obtain through CIS is provided based upon information supplied by, or on behalf of, you. You agree (for yourself and on behalf of your agents/representatives) to accurately and completely provide any and all information required. A failure to provide complete or accurate information could result in a voiding of coverage or denial of claims. CIS is not responsible for the accuracy or completeness of the information you or your agents/representative supplies.
Insurance Request Submissions
To the extent you request CIS to review or submit any requests for insurance coverages on your behalf, you agree and acknowledge that you have reviewed your plan terms, which claims are eligible for coverage under the plan, and which claims may be denied in whole or in part as a result of your failure to submit complete or accurate information, including any supporting documentation that may be required or requested by the plan.
Premium Refunds
To the extent CIS receives directly from your insurer or finance company any refund resulting from your overpayment of insurance premiums, you agree that CIS may retain from such refund a fee (for CIS’s administering and processing such refund) of up to 20% of the amount of such refund, subject to a minimum fee of US$100 per refund, provided CIS will not be required to refund or return to you any CIS funds previously paid to CIS by you (including without limitation, broker fees and commissions which are non-refundable).
No Legal or Financial Advice
CIS Services do not include any legal or financial advice. The information provided by CIS is for general informational purposes only. No information provided by CIS should be construed as legal or financial advice. It is important that you consult with your own legal and financial professionals about your specific situation.
Agreement
These Terms and Conditions are a legal document governing the use of CIS’s website and CIS Services that may be provided to you. Please read these Terms and Conditions (the “Agreement”) carefully before ordering Services from CIS. By ordering Services from CIS, you agree to the terms and conditions set forth hereunder. If you do not agree to be bound by the terms of this Agreement, please do not use CIS’s website and/or order any CIS Services.
Security and Validation Policy
CIS’ website may have security and validation mechanisms in place to reasonably assure that no one uses CIS’s website without proper authorization. You shall not violate or attempt to violate the security or validation mechanisms of CIS’s website or related websites. If you attempt to circumvent the security or validation mechanisms, your account may be barred from access to CIS’s website. If you willfully or knowingly attempt to misrepresent your identity at any time, your use of CIS’s website may be denied. Any applicable court or governmental agency or authority may be notified of any suspected fraudulent use of CIS’s website or violation of its security or validations mechanisms. Any and all information transmitted or received through CIS’s website may from time to time, be monitored. The transmission or receipt of any information which is deemed inappropriate or that violates any term or condition of this Agreement may, without further notice to you, be reviewed, censored or prohibited. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Unauthorized uses and unauthorized users of CIS’s website will be prosecuted to the full extent of the law.
Representations and Warranties
You represent and warrant that (a) any and all information and materials provided by you and/or your representatives is and will continue to be true, accurate and complete, (b) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this Agreement or obtain the coverage or service selected, (c) the information you have provided is complete and accurate, and (d) you have not and you will not perform any act which might contravene the purposes or effects of this Agreement.
Ownership and Restrictions on Use
The information and material included on CIS’s website, including all the text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video and other icons and the arrangement and compilation of this information (collectively, the “Information”) is copyrighted information of CIS. All rights CIS may have in the copyrighted material are reserved. All Information is either owned or licensed by CIS. The associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of CIS. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright and trademark laws. All other product names and company logos mentioned on CIS’s website or Information are trademarks of their respective owners. The Information is the valuable, exclusive property of CIS. Nothing in this Agreement shall be construed as transferring or assigning any ownership rights in the Information to you or any other person or entity. You may use the Information solely for using or accessing the services of CIS for your personal, non-commercial use. You may not use the Information for any other purpose. You may download, view, copy and print the Information incorporated into CIS’s website solely for your use consistent with the business purposes of CIS. However, except as expressly permitted on CIS, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion of the Information in any manner whatsoever without CIS’s or other owner’s prior written consent. You may not use the Information to facilitate unfair competition with CIS or the Services or in any manner which violates applicable U.S. or international law. Under no circumstances will you acquire any ownership rights or other interest in the Information through your access of CIS’s website.
Use Restrictions.
The right granted to you in this Agreement does not permit you to resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file except through authorized access to CIS’s website. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portion of the Information. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share CIS’s website, any part thereof, or any of the Information received or accessed from CIS’s website to any other person or entity unless you first obtain CIS’s specific written authorization. You agree to use CIS’s website and Information from the Service for lawful purposes only. You agree not to post or transmit any information through CIS’s website which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (c) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right, (d) contains a virus, bug or other harmful item, or (e) is used to unlawfully collude against another in restraint of trade and competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your wrongful use of CIS’s website.
Submissions
If you send us suggestions, ideas, notes, computer programs, drawings, concepts, or other information of any kind (collectively, the “Ideas”), the Ideas shall be deemed and shall remain the sole, exclusive and absolute property of CIS.
Data Protection
The provision of the CIS Services may require CIS to collect some of your personal data (for administrative management of the Agreement). In this context, CIS may use technical means in order to process this personal data and to ensure its security. As a data controller, CIS processes your personal data for the aforementioned purposes and in compliance with applicable laws. CIS processes your personal data where necessary for the performance of the Agreement or to comply with legal obligations as a provider. Your personal data will only be accessible to the teams involved with the Agreement and Services. CIS may have offices in several countries, including some countries outside the European Union. Your personal data may be transferred or made accessible outside of the European Union and such access and transfers are governed by an intragroup agreement which secures transfers and access. In case of transfer to subcontractors outside the European Union, Technicolor ensures that the Standard Contractual Clauses approved by the European Commission are signed with these subcontractors. You expressly acknowledges and agrees to these transfers and access. Under the applicable privacy laws, you and your employees have certain rights regarding their personal data which they can exercise by contacting CIS’s data protection officer or the service relating to data protection. Please note that CIS can also act as data processor on your behalf when CIS processes personal data that CIS may access by you. In this particular case, CIS recommends you to send a specific data protection agreement in order to comply with the applicable data protection law, which shall supersede this Agreement. In any case, you shall define a duration regarding the retention of the personal data. With regard to the protection of the data subject’s rights pursuant to the applicable data protection law, you, acting as a data controller, shall facilitate the exercise of data subject’s rights and shall ensure that adequate information is provided to the data subjects about the processing hereunder in a concise, transparent, intelligible and easily accessible form, using clean and plain language. You shall obtain the prior express consent of the data subject regarding the processing, in case it is required by the applicable data protection law (e.g. transfer outside EU, profiling, etc.). According to the applicable data protection law, you will ensure to the data subject his/her access right in order for the data subject to access, modify, rectify and delete any personal data that concern him/her.
Disclaimer of Warranties
CIS will not audit or otherwise verify information you provide to obtain coverage or the service you select. CIS is not responsible for any insurance coverage or services obtained, including any changes thereto, or any benefits thereunder, or any claims, paid or denied, or any penalties or interest related thereto. Your use of CIS Services is at your own risk. CIS Services are provided “as is.” To the maximum extent permitted by applicable law, CIS disclaims all representations and warranties, express or implied of any kind with respect to CIS and the Services, including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Without limiting the generality of the foregoing, CIS does not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of CIS or the Services. CIS does not warrant that your use of CIS or the Services will satisfy or ensure compliance with any legal obligations or law or regulation. The foregoing disclaimer applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of CIS’s website or the Services, whether for breach of contract or any other cause of action. You are solely responsible for ensuring that your use of CIS and the Services is in compliance with applicable law. CIS specifically disclaims that CIS, including any of its affiliates and vendors, is in any manner acting as a fiduciary, trustee, ‘administrator’ or ‘named fiduciary’ under any employee benefit plan.
Governing Law; Limitations
This Agreement shall be governed by the laws of the State of California, without regard to conflicts of laws principles. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of CIS’s website or the Services must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued regardless when any such claim or cause of action was discovered or reasonably should have been discovered.
Arbitration
All disputes regarding the terms, conditions and obligations contained in this Agreement shall be submitted to final, binding and confidential arbitration. Arbitration shall initiated and comply with and be governed by the provisions of either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor, in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The costs unique to arbitration, such as the arbitrator’s fees and any administrative fees paid to the JAMS, shall be shared equally by the parties. All other costs of the arbitration, including, without limitation, attorney’s fees and costs of investigation, shall be paid solely by the party incurring such costs unless an award of attorney’s fees and/or costs is expressly mandated by statute and the arbitrator specifically includes an award of attorney’s fees and/or costs in the arbitration award (“Award”). Without in any way limiting the foregoing, the parties hereto further agree that binding, non-appealable arbitration as set forth in this Section shall be the sole and exclusive dispute resolution mechanism used by the parties with respect to any and all controversies, claims and disputes between them. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator will provide a detailed written statement of decision, which will be part of the Award and admissible in any judicial proceeding to confirm, correct or vacate the Award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the insurance industry. Judgment upon the Award may be entered in any court of competent jurisdiction. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable outside attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.
Modifications; Severability; No Waiver
Modifications of this Agreement will be effective immediately upon CIS posting such modifications to the CIS website. Please review this Agreement on the CIS website periodically for changes. Your use of CIS’s website indicates your full acceptance of this Agreement in its then-current form each time you use CIS’s website. In the event any portion of this Agreement is declared illegal or found to be illegal or unenforceable then each of the parties hereto will be relieved of its responsibilities with respect to this Agreement to the extent of such illegality or unenforceability and all other terms of this Agreement will remain in full force and effect and will be enforced in accordance with their terms. Waiver of any of the covenants herein will not be effective unless made in writing and signed by the waiving party, and will not be construed to be a waiver of any other covenant or any succeeding breach.
Limitation of Liability
YOUR USE OF CIS’S WEBSITE, THE SERVICES AND THE CONTENT CONTAINED HEREIN IS ENTIRELY AT YOUR OWN RISK. CIS’S WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ACCORDINGLY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER CIS NOR ANY OF ITS AFFILIATES, AGENTS OR EMPLOYEES IS LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS, THEFT OR ALTERATION OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEMS REQUIREMENTS; AND (C) ANY DIRECT OR OTHER DAMAGES IN EXCESS OF COMPENSATION (i.e., BROKER AND COMMISSION FEES) CIS ACTUALLY RECEIVES FROM YOU WITH RESPECT TO THE SERVICES SPECIFICALLY PROVIDED TO YOU GIVING RISE TO SUCH DAMAGES.
THE ABOVE LIMITATIONS APPLY EVEN IF CIS AND ITS SUPPLIERS AND SUB-CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify and hold CIS, its parents, affiliates, subsidiaries, and their respective employees, officers, agents, assigns, licensors, licensees, transferees, and customers harmless from any and all claims, causes of action, judgements, settlements, liabilities, damages, and expenses and costs, including reasonable attorneys’ fees and costs, arising out of or in connection with (i) the breach or alleged breach of any representations, warranties, covenants, agreements made by you under this Agreement or any other agreement between you and CIS, and/or (ii) the use of CIS’s website and/or the Services (collectively, “Claims”). CIS reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by CIS in the defense of any Claims.
Export Restrictions
You acknowledge that the CIS website and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly.
Personal Information Privacy
CIS may retain your personal information as necessary to provide Services to you, or to Service your benefits with your insurer or employer as necessary, and as permitted by law.
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
Comments
For questions or comments concerning CIS or this Agreement, please contact us by email at support@CISburbank.com or by mail at:
CIS-Contractors Insurance Solutions
2600 W. Olive Avenue, 5th Floor
Burbank, California 91505.
Linking
The CIS website may contain links to other sites. The policies at other sites, which may be owned and operated by third parties, may be different from these Terms and Conditions. Those third party sites’ policies will govern the use of information you provide to them or that you obtain from them. CIS makes no representations whatsoever about any other website that you may access through the CIS website. The access to other links through the CIS website do not imply that CIS is affiliated with or otherwise endorses any third parties, that it is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of CIS. CIS shall have no responsibility or liability for your access to or linking to a third party site. You may not create any link to the CIS website without the proper express prior written consent of CIS. You may not use any of the proprietary logos, marks, or other distinctive graphics, video, or audio material in such links. You may not link in any manner reasonably likely to (a) imply affiliation with or endorsement or sponsorship by CIS, (b) cause confusion, mistake, or deception, (c) dilute CIS’s trademarks or service marks, or (d) otherwise violate state or federal law. CIS is a distributor of certain content supplied by third parties, so some of the content displayed in the CIS website may be that of a third party. CIS has no editorial control over such third party content. Any opinions, advice, statements, services, offers or other content expressed or made available by third parties, including information providers, are those of the respective author or distributor and not of CIS. The CIS disclaimers in this Agreement are also applicable to third party content.
Copyright Infringement Claim and Copyright Agent
CIS accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Your permission to use the CIS website or the Information may be terminated if it is determined that you are involved in any infringing activity, regardless of whether the material or activity is ultimately determined to be infringing.
Modifications of Agreement Terms
The terms and conditions of this Agreement, the Services and the CIS website may be modified from time to time by CIS. Such modifications may include, without limitation, changes to the Services, changes in implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the CIS website. Information within the CIS website may also be added, withdrawn or modified at any time.
Assignment
CIS will have the right to assign this Agreement and all or any part of CIS’s rights hereunder to any person, firm or corporation, that unconditionally agrees to be bound by the terms and conditions of this Agreement and this Agreement will thereafter be binding upon and inure to the benefit of CIS’s successors, licensees and assigns. This Agreement may not be assigned by you.
Entire Agreement
This Agreement together with any related CIS invoices, sales receipts, and/or other similar or related documentation provided in connection with the Services will constitute the entire understanding between the parties hereto concerning the subject matter hereof, and will supersede all prior agreements, oral or written, concerning the subject matter hereof.
Relationship of the Parties
During the term of this Agreement and for all purposes whatsoever relating thereto, CIS is and will be an independent contractor engaged under contract for the provision of services for you. CIS will not be a servant or employee of you or of any of your affiliates. This Agreement is not a partnership between or joint venture by the parties hereto and neither party is the agent of the other party. This Agreement is not for the benefit of any third party, whether or not referred to herein.
Password
You accept full responsibility for use of your username and password and for maintaining the confidentiality of your username and password. You are the only person authorized to use your username and password. You shall not permit or allow other persons to have access to or use your username or password. You may not disclose any Information to any third party, except to your financial, legal or tax advisors, and others with whom you share medical decisions (if applicable to the Service) or the Services provided by or through the CIS website. You are solely responsible for the confidentiality and security of your password. If, at any time, you learn or suspect that your password has been disclosed or otherwise made known to anyone other than yourself, you agree to immediately notify CIS. Re-issuance and reactivation of passwords is subject to applicable security and validation procedures. You will not receive a new password if you have violated, or allowed others to violate, the applicable security procedures.
Termination
Termination or cancellation of this Agreement shall not affect any right or relief to which the CIS may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to CIS, as applicable. This Agreement shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by CIS for any unauthorized access or use by you except as expressly provided in this Agreement; (b) immediately by CIS if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; or (c) immediately by CIS if you violate any of the other terms and conditions of this Agreement. Upon termination you must immediately stop using the CIS website and the Services.
Delays in Service
CIS shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, data processing failures, telephone interconnect problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes beyond the reasonable control of CIS. CIS shall have no responsibility to provide access to the CIS website while the interruption of the CIS website and/or the Service exists.
Rev. 25 July 2019