END-USER
AGREEMENT FOR EXCESS & SURPLUS LINES INSURANCE BROKERS, INC.
You
agree that upon your “logging in” to
use this website, that any information obtained from the use thereof, shall be
used by you solely for legitimate business purposes, and to the extent that no
products are purchased now or in the future through the use of this website,
that all information obtained by you and used by you therefrom, is for your
personal education.
The
materials on this website are informational only and not representations of
ESLIB, its officers, directors, shareholders, agents and or employees.
For purposes of your use of the materials that may be downloaded, derived
and or provided, all of same will be solely based upon the requests for quotes
and or issuance of coverage of the type and character, amount and as otherwise
requested by you as the user. ESLIB makes not decisions pertaining to the
appropriateness of coverage, the amount of coverage, the items or activities
sought to be covered, or otherwise enters into any form of relationship with
users client whatsoever. The sole relationship, if insurance is issued, is by
and between user and ESLIB specifically and solely upon the terms as requested
by user. If the requested coverage,
as issued, differs in any manner from
that requested, user, as is both understood in the insurance industry and as
agreed herein, may reject the coverage or request alteration of the terms and
conditions of such coverage.
ESLIB disclaims any and all warranties of the fitness for use or the
merchantability of the issued insurance product. The specific insurance carrier
for each issued product may warrant its product to the user and or the user’s
client(s). ESLIB merely brokers as
requested by user and makes no representations in connection with the actual
issued insurance product itself.
ESLIB assumes absolutely no costs associated with nor responsibility for
the “servicing” of the issued insurance product.
ESLIB assumes absolutely no responsibility for your use of the website,
the materials therein provided, the correctness or reliability of the
information therein contained, loss and or damage to user’s computer
equipment, software and or telephone line(s), including but not limited to any
potential virus infection and or affects therefrom based in whole or in part
from users use, nor any potential incomplete description of any insurance
product and or coverage referred to herein or as linked to this website that are
neither owned, operated by or maintained by ESLIB. The inclusion of any such
link does not imply nor shall be a representation that ESLIB approves, tacitly
or otherwise, as an endorsement or not, the content of any linked site.
Your use of this ESLIB website shall entitle you to absolutely no
recompense, in any Court or tribunal, of your potential and or claimed damages
for direct, indirect, consequential, incidental, or punitive damages
irrespective of your claims that such damages may have occurred from your use of
the website, or utilization of any linked website, and or from the information
therein contained.
This website is owned and operated by ESLIB which is a California
corporation. This website is not
owned or operated by any officer, director, shareholder, employee or agent of
ESLIB. All of the website’s
content is proprietary to ESLIB and may not be utilized, copied, distributed,
transmitted, reused, reposted and or altered, changed and or modified in any
manner by user. This includes this
disclaimer and notification, any other text, images, audio, visual and or other
representation wherever situated within the website, but not so limited.
All trademarks,
service marks, trade names, logos and or icons, but not limited to the foregoing
forms of intellectual properties, are proprietary to ESLIB and or used with the
permission of the insurers who may own those not proprietary to ESLIB. Your use
of the trademarks, service marks, trade names, logos and or icons, but not
limited to the foregoing forms of intellectual properties, except as provided
herein, is strictly prohibited. Unauthorized use by you of trademarks, service marks, trade
names, logos and or icons, but not limited to the foregoing forms of
intellectual properties, or any other form of website content, may violate State
of California and or Federal laws pertaining to copyright, trademark, the laws
of privacy and publicity, as well as communications regulations and or statutes.
The information that you may provide through the use of this website,
will not be treated with confidentiality, whether such information is provided
electronically, by email or otherwise. ESLIB
is free to use, for any purpose, including but not limited to reproduction,
solicitations, disclosure, transmissions, publication, broadcast, and web or
other form of posting. ESLIB may
freely use any ideas, concepts, know-how, techniques or other information,
images, pictures, representations and or language for any purpose whatsoever,
including but not limited to developing and marketing products, plans,
procedures, seminars or other forms of presentation and or media displays.
User
further agrees to be bound by the following:
1.
User is
lawfully engaged in the sales of insurance products in the State of California
and is licensed by the State of California to so engage;
2.
User
understands and agrees that User and User alone determines the type or character
of insurance coverage that is appropriate to User’s customer and or client;
3.
User
understands and agrees that User and User alone determines what coverage levels
are necessary to satisfy the needs of User’s customer and or client;
4.
User
understands and agrees that User and User alone determines what specific types
of coverage pertaining to potential losses and or covered matters are necessary
to satisfy the needs of User’s customer and or client;
5.
User
understands and agrees that User and User alone determines what specific types
of coverage pertaining to potential losses and or covered matters, including
standard endorsements and or special endorsements are necessary to satisfy the
needs of User’s customer and or client;
6.
User
understands and agrees that User and User alone determines what specific types
of coverage pertaining to potential losses and or covered matters, including
standard endorsements and or special endorsements as well as special and or
standard exclusions to coverage are likely irrespective of the needs of User’s
customer and or client;
7.
User
understands and agrees that User and User is aware of the specific carrier’s
exclusions are as set forth in that carrier’s materials and or upon that
carrier’s website, and that ESLIB makes no representation as to what will be
covered and what will be excluded from coverage as to any prospective issuance
of any insurance product as requested by User.
8.
User understands and agrees that User has been duly informed
by ESLIB that coverage as requested may not be available as requested; that
various carriers, based upon underwriting information as provided by User, may
or may not issue coverage and or may issue coverage with conditions and or
specific exclusions AFTER carrier completes its investigation and or due
diligence. Carriers will “rate”
and or underwrite coverage, initially, based upon information as provided by
User. If the information as
provided by User is incomplete and or inaccurate, whether or not known by User,
ESLIB shall not intervene with carrier to “protect” the User and or its
client or customer. ESLIB makes no
representations as to underwriting information, guidelines or as related thereto
other than to forward the information as provided by User.
9.
User
understands and agrees that User has been duly informed by ESLIB that coverage
may issue which varies from the coverage as requested based upon decisions made
solely by the carrier and not by ESLIB.
WEBSITE
USE LICENSE
This
WEBSITE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
Your use of this WEBSITE is licensed, not sold.
1. GRANT OF LICENSE.
This EUA grants you the following rights:
Software Use. Except as
otherwise expressly provided in Section 1 of this EUA, you may only use the
WEBSITE on the COMPUTER.
Network Use. You may use
this WEBSITE over an internal network, and distribute the SOFTWARE PRODUCT to
your other computers over an internal network.
2. DESCRIPTION
OF OTHER RIGHTS AND LIMITATIONS.
Speech Recognition. If the
SOFTWARE PRODUCT includes a speech recognition component, it should be
understood by you that speech recognition is inherently a statistical process;
that recognition errors are inherent in the process of speech recognition; that
it is your responsibility to provide for handling such errors and to monitor the
speech recognition process and correct any errors.
ESLIB shall not be liable for any damages arising out of errors in the
speech recognition process.
Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the
WEBSITE, except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
Termination. Without
prejudice to any other rights, ESLIB may terminate your right to use the WEBSITE
under this EUA for any reason in ESLIB’s sole and absolute discretion.
Your
use of this WEBSITE is an acknowledgment that you have read, understood and
agreed to all of the foregoing.