Last updated: June 16, 2020
These Terms of Service (hereinafter the “Terms”) are a legal agreement between you and CyberFortress Insurance Services US, LLC (referred to in the Terms as “CyberFortress”, “we”, us” and “our”).
IT IS VERY IMPORTANT THAT YOU READ THESE TERM VERY CAREFULLY AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND US, AND THEY STATE THE AGREEMENT BETWEEN YOU AND US REGARDING EACH OF OUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS TO THE OTHER PARTY. THESE TERMS CONTAIN A CLASS ACTION WAIVER WHICH MEANS THAT IF YOU BRING A CLAIM AGAINST US, YOU WILL ONLY BE ABLE TO DO SO ON AN INDIVIDUAL BASIS. YOU WILL NOT BE ABLE TO PARTICIPATE AS A MEMBER OR PLAINTIFF OF A CLASS OR REPRESENTATIVE ACTION. YOU WILL BE LIMITED TO SEEK ANY LEGAL RELIEF OR TO BRING ANY LEGAL CLAIMS, WHETHER FOR MONETARY DAMAGES, TO OBTAIN AN INJUNCTION OR OBTAIN DECLARATORY RELIEF ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE YOU ARE NOT PERMITTED TO USE OUR SERVICES OR VISIT THIS WEBSITE.
These terms constitute a binding agreement between you and us if you:
- Visit this website www.cyberfortress.com, or any of our other websites referencing these terms;
- Use any services that we provide via the website or via any other platform (the or our “Services”) or submit an application to use our Services;
- Provide us with your Confidential Information, or ask us to provide you with our Confidential Information; or
- Use any of our applications, APIs, software or other technology.
1. Legal Authority
- If you are an individual, you confirm that you are over the age of 18, or that you are older than 18 if an older age is required to form a binding contract where you live, and that you are able to form a binding contract. Our Services are intended only for adults at least 18 years of age. If you are not at least 18 years of age, you are not permitted to use our Services or visit this website.
- If you are entering into these Terms on behalf of a legal entity, such as a corporation, partnership or company, you must have the legal authority to enter into a legal agreement on behalf of that entity. If you do not have legal authority to enter into a legal agreement on behalf of that entity, you are not permitted to use our Services or to visit this website.
- Even if you are entering into these Terms on behalf of a legal entity, these terms also apply to you as an individual.
2. Insurance & Regulated Activities
We provide insurance and insurance related services through individuals authorized to provide those services by the appropriate regulatory authorities in Texas. By using providing information to us via this website, you agree that any such information that is subject to such regulations has been provided to our licensed representatives. UNLESS YOU ARE ACTING ON BEHALF OF A LEGAL ENTITY FORMED IN ONE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, IF YOU DO NOT RESIDE IN THE 50 U.S. STATES OR THE DISTRICT OF COLUMBIA, YOU ARE NOT PERMITTED TO PROVIDE INFORMATION TO US OR TO REQUEST INFORMATION FROM US REGARDING INSURANCE PRODUCTS OR ANY PRODUCT THAT REQUIRES A LICENSE THAT WE DO NOT HAVE.
- We provide a wide range of Services. Our Services are not intended for everyone, and in some cases, you may not be eligible or meet the requirements for our Services. We reserve the right to make any decisions regarding your eligibility to receive our Services for any lawful reason in our complete and sole discretion.
- Some of the Services that we provide may have implications for you or for your business. Should you not understand the implications of our Services, or what we will or will not provide, you should contact an attorney or other appropriate expert or advisor. Nothing in these Terms or in the Services should be relied on for tax, legal, investment, or accounting advice.
- As part of the Services, you may request and be provided with a quote for insurance. Quotes are estimates of insurance coverages that may be available to you. Quotes are not contracts for insurance, and do not constitute an agreement or agreement to bind insurance coverage. Any coverage or application for coverage is subject to underwriting approval.
- This product is only available in Texas. Limits, exclusions, premiums and other aspects of coverage under a policy issued to you will be provided to you in the legal agreement issued with that policy.
- This product is non-admitted and only available through a licensed surplus lines broker.
3. Privacy & Confidentiality
4. Unauthorized Use
You agree that you will not use our Services in any way that is unlawful or in any way that might harm or damage us or any third party. Specifically, you agree that you will not:
- create or attempt to create an account under a false name or identity, under the name of a different person or entity;
- “scrape”, “cache”, “spider” or “crawl” any portion of the website;
- use any bot or other technologies designed to access the services on a remote or automated basis;
- purposefully access the Services or send calls to or requests to our servers that exceeds a the reasonable and customary use by a person using or accessing the Services on an individual basis for the purpose for which the Services are provided;
- reverse engineer, decompile, disassemble, decipher the website or any Services whether to derive the underlying intellectual property used on the website or to provide the Services or to access any information to which you have not been granted access;
- scan, penetrate, or attempt to scan or penetrate the systems used to provide the website or Services for vulnerabilities whether or not you intend to exploit or utilize such vulnerabilities if found;
- use access to sell or resell the Services, unless authorized to do so under a written agreement;
- violate the copyright, including any copyright in the code to the website and to the Services, or any copyright of content this website nor will you remove any copyright or trademark contained in any of the Services or website content;
- you will not use content on this website or data you are provided access to as part of the Services for purposes of creating, operating or selling any competitive service or technology; or
- use the Services in any way that would constitute a violation of law in the United States or in the jurisdiction in which you reside.
If we, our affiliates, or any of our or their respective employees, agents, or suppliers (the “Indemnities”) are faced with a legal claim by a third party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet your obligations required by the Terms, or violation of Section 4, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine, or other amount that is imposed on the us as a result of the claim. If you are a legal entity, your obligations under this subsection include claims arising out of the acts or omissions of your employees, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. We will choose legal counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim.
6. Disclaimer of Warranties
7. Limitation of Liability
- To the maximum extent permitted by law, we shall not be liable to you for any indirect, special, consequential, special, incidental, or punitive damages, including but not limited to damages for lost profits, loss of goodwill, loss of use, lost data whether based on claims in contract, tort, negligence, strict liability or otherwise, resulting from or arising out of access to this website or use or inability to use the services.
- In no event will our liability to you for damages, losses, or any cause of action exceed the amount that has been paid by you, or two hundred and fifty ($250) dollars, whichever is greater.
- If section 7(1) or 7(2) herein is found to be unenforceable, then your sole and exclusive remedy shall be return or replacement of the services, or to discontinue use off the service.
By using the Services, if you are a legal entity, you allow us to identify you as a customer, and to use your name in connection with prospective customers, to link to your company website and/or to display your logo on our website.
9. Intellectual Property
- We own, or have licensed or obtained approval to use, all intellectual property in and to the Services and to the technology used to provide the Services. Your use of the Services or accessing the website does not grant any right or interest whatsoever in any of the intellectual property except as expressly stated in writing.
- These Terms provide you with a limited and revocable license to access and use our website and Services. This license is not transferable, and is non-exclusive. This license does not transfer any ownership rights to you. Should you use this website or the Services in a way that is inconsistent with, or in violation of these Terms, we may take all steps to terminate such use and you may be legally liable for any damages incurred by us as a result of your actions.
- All content on the website and in any Services , including software code, text, images, graphics, company marks, images, video, audio, data compilations, software whether taken individually or together, is our copyrighted property and is protected by United States and international copyright laws. No reproduction or use of the any such copyrighted material is authorized by these Terms unless otherwise expressly stated in a separate written agreement.
- Our trademarks and services marks of are our intellectual property. You may not use those marks without our express, prior written agreement. The trademarks of any other parties that may appear on this website or as part of the Services belong to those parties. You may not use those marks without their express, prior written agreement.
10. Governing Law and Class Action Waiver
These Terms are governed by the laws of the State of Texas, exclusive of any choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of the Agreement shall be in the state or federal courts in Bexar County, Texas, and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. YOU AGREE THAT YOU WILL NOT BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST US OR ANY OF OUR EMPLOYEES OR AFFILIATES. EACH OF US AGREES THAT WE WILL NOT BRING A CLAIM UNDER THE AGREEMENT MORE THAN TWO YEARS AFTER THE TIME THAT THE CLAIM ACCRUED.
- We may amend these Terms from time to time as we reasonably deem necessary in our discretion. The new version of these Terms will be effective upon posting, or the next time that you access our website or use the Services, whichever occurs later. Your continued access of the website or use of the Services shall indicate your acceptance of the changes to the Terms.
- If any part of the Terms are found unenforceable by a court or other tribunal, the rest of the Terms will nonetheless continue in effect and we agree that the tribunal may reform the unenforceable part if it is possible to do so consistent with the material economic incentives of the parties resulting in these Terms. Each of us may enforce each of our respective rights under the Terms even if we have waived the right or failed to enforce the same or other rights in the past.
- The captions in the Agreement are for convenience only and are not part of the Agreement.
- The use of the word “including” in the Agreement shall be read to mean “including without limitation.”
- Sections 3, 4, 5, 7, 9, and 10 of these Terms of Service and all other provisions that by their nature are intended to survive expiration or termination of the these Terms shall survive expiration or termination of the Terms.