User Agreement

Please read and accept or decline the terms below.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS WEBSITE. BY ACCESSING AND/OR USING THIS WEBSITE, AND/OR THE DATA CONTAINED IN IT, YOU (HEREINAFTER “USER”) ARE CONFIRMING THAT YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND REPRESENTATIONS SET FORTH HEREIN, INCLUDING BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL BE DENIED ACCESS TO THE SITE.

Limitations On Use:  Perr & Knight, Inc., and its affiliated companies, (hereinafter collectively "PK") grant to User, and User accepts, a non-exclusive, non-transferable right and license to use the database of filings, the indexed descriptions and electronic versions of the database of filings and the information contained therein (hereinafter collectively the "File") contained in this Website in the regular course of User's normal business activities, but not in competition with PK, including the permission to (a) download some or all of the File for use on one or more of User's workstations, and (b) allow access to the File by User's principals, officers and employees only. User may not (i) make the File, any part or portion of the File, or any information contained in and/or derived from the File, available for use by any third party, including, but not limited to, any customer, client or independent contractor of User or any prior or future employer of User, by sale, rental, loan, service bureau, external time sharing or other similar arrangement, or otherwise, with or without charge, (ii) alter, modify, or adapt the File, or any part of portion of the File, including, but not limited to, by translating, decompiling, or dissembling the File, without the express written permission of a managing principal of PK, or (iii) remove, deface or obscure any labels, watermarks or other markings, including, but not limited to, electronic markings, placed in the File by PK. If User’s is employed by an entity or individual which has entered into a Subscription Service User Agreement, or other written agreement, with PK, User may only use this Website and the File in connection with such employment and during the term of such Subscription Service User Agreement.

                         

Proprietary Rights:  User acknowledges that the File is the copyrighted property of PK and that it was created, obtained, coordinated, arranged and indexed by PK through the exercise of authorship, and by the application of editorial standards and judgment, involving the expenditure of considerable work, time, effort and money.   User agrees that no title, ownership and/or proprietary rights of any kind are conferred on User by this User Agreement. User agrees to take all reasonable and commercially prudent precautions to safeguard the File and the information, data and documents contained therein. User further agrees that, in the event of its misuse of the File, or its breach of this User Agreement, PK shall, in addition to any other remedy available to it by law, and not as a substitute to the requirement of arbitration as provided below, be entitled to obtain injunctive, declaratory or other equitable relief in any court of competent jurisdiction to restrain User and protect PK's proprietary interest in the File.  

Representations of User: User hereby represents and warrants to PK that, and acknowledges that PK has relied upon the following representations:

(a)    User is not directly or indirectly working on behalf of (i) any national, state or local trade, industry or consumer association, including, but not limited to, NAIC and/or ISO, (ii) any state or other Department of Insurance, or similar governmental agency except as expressly authorized in writing by PK, or (iii) any competitor of PK;

(b)    User will not use the File, or any information, data and/or documents contained therein, in competition with and/or against the interests of PK;

(c)    User will not make use of the File, or any information, data and/or documents contained therein, available to any third parties, including, but not limited to, any customer, client or independent contractor of User, by sale, rental, loan, service bureau, external time sharing or other similar arrangement, or otherwise;

(d)    User will not share any passwords, “log on” or other access information for the Website with any third party;

(e)    User will not attempt to reverse engineer, reverse compile, duplicate or reproduce the File, or any part or portion of the File.

Department of Insurance Information And Files:  User acknowledges and agrees that much, and in some cases all, of the information, data and/or documents contained in the File have been obtained by PK from various Departments of Insurance, and/or other state, federal and/or local government agencies, through the copying and/or scanning of the records and files of such government agencies. In many cases employees of such government agencies participate in and/or control the document and information gathering and/or copying process.  PK scans/copies files and documents exactly as they appear in the public access rooms of the various departments of insurance and other government agencies, at time of scanning/copying.  As a result, PK cannot, therefore, guarantee that (i) the files and/or documents provided by such government agencies will contain the most current, up to date, information filed with each such government agency, (ii) all portions of each such file or document will have been copied or scanned, (iii) all relevant, requested, files and documents have been provided to PK by each such government agency, and/or (iv) the files and/or documents are devoid of duplicate pages or portions of disapproved filings.  User hereby expressly waives any and all rights and/or claims against PK which arise from, or in any way relate to, the failure of a governmental agency(s) to provide PK with full, complete, accurate and up to date files, filings, documents and/or information.

Limited Warranty:  PK represents that it has the right to allow User to use the File and that User's use of the File will not infringe on the copyright(s) or trade secret(s) of any third party. In the event of any infringement claim, User agrees to (i) promptly notify PK of such claim, (ii) allow PK to control the defense of such claim if PK, in its sole discretion, decides to do so, and (iii) to fully cooperate with PK in the defense of that claim.  The File will substantially conform to the applicable user documentation provided by PK, if any, and if used by User in accordance with such documentation.  If the File is defective, PK will replace it free of charge if User notifies PK of such defect within thirty (30) days of User's receipt of the File.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE FILE, AND THE INFORMATION, DATA AND DOCUMENTS CONTAINED THEREIN, ARE PROVIDED "AS IS" AND PK MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  PK MAKES NO REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE FILE, OR OF THE INFORMATION, DATA AND/OR DOCUMENTS CONTAINED THEREIN.  EXCEPT FOR INFRINGEMENT CLAIMS, PK SHALL NOT BE LIABLE FOR, AND USER EXPRESSLY WAIVES AND RELEASES, ANY CLAIM FOR ANY LOSS, COST OR INJURY, OR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF DATA OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS RESULTING FROM THE USE OF THE FILE BY USER.  THE ENTIRE AND EXCLUSIVE LIABILITY OF PK, AND USER'S ENTIRE AND EXCLUSIVE REMEDY, FOR BREACH OF THIS LIMITED WARRANTY, OR ANY OTHER PROVISION OF THIS USER AGREEMENT, BY PK SHALL BE LIMITED TO REPLACEMENT OF THE FILE, OR, AT PK'S OPTION, THE RETURN OF THE AMOUNT(S) PAID BY THE USER FOR THE FILE.

Application To All Services:  User hereby agrees that the terms, conditions and representations of this User Agreement shall apply, on a continuing basis, to all services, data, and/or files provided by PK to User, its parents, subsidiaries, affiliates, officers, directors, employees, agents, successors and/or assigns, without the need for the execution of any further documents or agreements by either PK or User.

Liquidated Damages For Breach By User:  User agrees that in the event User breaches any of its obligations under this User Agreement it may be extremely difficult to quantify the exact damage to PK as a result of such a breach of User’s obligations.  Accordingly, in addition to, and not by way of limitation of, any other temporary or injunctive relief, damages, punitive damages, attorneys fees and/or costs to which PK may be entitled, whether under this User Agreement, any other agreements between PK and User, or any Federal, State or local law, PK will be entitled to recover liquidated damages in the amount of $5,000 per violation.  User further agrees that if User is employed by an entity or individual which has entered into a Subscription Service User Agreement, or other written agreement, with PK and User accesses the Website and/or the File for any purpose not directly associated with that employer, and/or downloads any documents and/or files not required in the ordinary course of User’s employment with that employer, User will pay for such use and/or downloads on a monthly basis based on PK’s normal retail access charges.

Publicity:  User agrees that it will not use the name of this Website or PK in any form or attribution in connection with any endorsement, advertisement or promotion without the express prior written permission of a managing principal of PK.