User Terms and Conditions
MarketScout and the operations, services and facilities related thereto are proprietary Internet services maintained and operated by MarketScout, for use solely by duly licensed and qualified insurance agents, and those employees of insurance agents, who are authorized by MarketScout to use these sites. These Terms set forth the terms and conditions on which MarketScout is willing to permit your use of MarketScout, and your responsibilities as an insurance agent or an employee of an insurance agent. These Terms are between you, the appointed market, and MarketScout. Use of MarketScout signifies your agreement to all of the terms and conditions set forth in these Terms.
1a. MarketScout provides authorized insurance agents with the opportunity to direct to Insurer(s), electronic underwriting requests, submissions or applications, completed by the insurance agent for insurance coverages.
1b. MarketScout provides an electronic communications channel for communications between insurance agents and insurance market(s), which may be used to transmit insurance submissions or applications, by the insurance market to respond to submissions or applications, and by insurance agents and insurance markets to correspond with each other prior to the binding of coverage on matters relating to the particular insurance transaction.
1c. MarketScout does not charge a fee to insurance agents for the use of MarketScout.
2a. MarketScout contains copyrighted material, trademarks and other proprietary information, which will be referred to as “Proprietary Material” for the rest of this document, including, but not limited to, text, software, photos, video, graphics, image, music and sound. You agree not to modify, publish, transmit, participate in the transfer or sale, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.
2b. Except as otherwise expressly permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, republication, publication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercially exploiting of any Proprietary Material or material made available through MarketScout will be permitted without the express permission of the copyright owner. In the event of any copying, redistribution or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. The obligation of determining that any material is not subject to intellectual property right(s) rests with you.
2c. The entire MarketScout web sites, and the MarketScout logo are service marks of Insurance Data Systems, Inc. Other trademarks, service marks and logos used in MarketScout are the trademarks, service marks or logos of their respective owners.
Disclaimer of Warranties by MarketScout
3a. Use of MarketScout is at your sole risk.
3b. MarketScout (Including all content, software, and other functions, materials, and information accessed by any means thereon) is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or interrupted or error free service, or implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permissible by law.
3c. MarketScout make no warranty of any kind as to the results that may be obtained from use of MarketScout, or as to the accuracy, completeness, currency, reliability or content of any information or material provided by or through Marketscout. The entire risk as to the quality, adequacy, accuracy, completeness, currency, correctness, or validity of any information or material provided by or through Marketscout rests with you.
3d. MarketScout is not and shall not be liable for any defamatory, offensive, illegal or other conduct of other users or third parties, and the risk of injury from the foregoing rests entirely with you.
3e. MarketScout is/are not and shall not be liable for any claim, injury or damage arising from the use or inability to use MarketScout. This disclaimer of liability includes, but is not limited to, any failure of performance, omission, error, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
3f. MarketScout have no control over the content of Internet sites that may be linked to MarketScout through hypertext links (“linked sites”), and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. In no event will MarketScout be liable to any party or any general, special, indirect, direct, incidental, consequential, exemplary and punitive damages for any use of MarketScout, or any linked site, even if MarketScout is expressly advised of the possibility of such damages.
3g. MarketScout is/are not and shall not be responsible or liable for the accuracy, validity or completeness of any information provided by Insurers to insurance agents, or for any failure of any insurer to perform any duty, obligation or responsibility to any insurance agent or any client of an insurance agent, including, without limitation, the payment of any commissions or the performance by any insurer of its obligations under any policy of insurance.
3h. MarketScout is/are not and shall not be responsible for the solvency, stability or financial condition of the insurance carrier and/or the insurance company represented.
Insurance Agent’s Responsibilities and Agreements
4a. You, the insurance agent, are responsible for complying with all terms and conditions of these Terms, and with all policies and guidelines posted on MarketScout.
4b. You are responsible for, and agree to comply with, any and all applicable Federal, state and local laws, rules and regulations relating to the conduct of insurance agents with respect to any insurance transaction commenced by you using MarketScout.
4c. You agree to promptly inform MarketScout if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your User Name or Password. Until MarketScout is properly notified of a breach of security, you remain responsible for any unauthorized use of MarketScout occurring under your User Name and Password.
4d. You, the insurance agent, are fully responsible for any and all use of, and actions taken through, MarketScout by your employees.
4e. You, the insurance agent, agree that all communications between you and the insurance market representative concerning an insurance submission or application shall be made through MarketScout, until such time as the insurance market representative has responded to the insurance submission or application by submitting a quotation or requesting additional information. Thereafter, you may communicate with the Insurer, directly or indirectly, via other media, so long as all information reasonably necessary to provide MarketScout with a record of the transaction is transmitted through MarketScout.
4f. In no event shall MarketScout be responsible for the accuracy, validity or completeness of any information provided by an insurance agent to an insurance market representative, or by an insurance market representative to an insurance agent, or for any failure of any insurance market representative or their insurance carrier to perform any duty, obligation or responsibility to any insurance agent or any client of an insurance agent, including, without limitation, the payment of any commission or the performance by the insurance market representative or their insurance company of its obligations under any policy of insurance transacted through MarketScout.
4g. You are solely responsible for maintaining your own records of all communications transacted through MarketScout (including the content of communications) between you (the insurance agent), your assistants, the insurance market representative or their insurance company.
5a. For purposes of identification and marketing, you agree to provide MarketScout with accurate, complete, and updated information required at the time of registration as an insurance agent of MarketScout. You agree to promptly notify MarketScout of any change in your registration information. Failure to comply with this provision may result in termination of your right to use MarketScout.
5b. MarketScout reserves the right to reveal any registration information or other information in its possession regarding insurance agents in cooperation with a request or investigation by any governmental body or governmental agency, or as otherwise required by law.
Prohibited Uses. You agree:
6a. not to use MarketScout (i) in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (ii) to invade the privacy of third parties; (iii) to impersonate MarketScout personnel or other parties or entities; (iv) to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, or otherwise objectionable material, or (v) to encourage conduct that would give rise to civil or criminal liability;
6b. not to violate, or assist in violating, the security of MarketScout, whether intentionally, negligently or otherwise;
6c. not to attempt to utilize another insurance agent’s Account, User Name or Password without authorization from that insurance agent;
6d. not to transmit by means of MarketScout any data or material that contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6e. not to use MarketScout for any purpose other than that of submitting insurance submissions or applications that you intend to bind through MarketScout, provided satisfactory quotations are received.
6f. that, for each violation by you of these Terms, you will pay MarketScout damages including, without limitation, to compensate for the lost goodwill such a violation causes.
Payment by you under this provision shall not prevent MarketScout from seeking to obtain other legal remedies against you, including other damages (including, without limitation, exemplary or punitive damages) and costs (including, without limitation, attorneys’ fees), or an injunction.
User Name and Password
MarketScout will allow the insurance agent to pick the User name and Password of their choice. The insurance agent may change the Password at anytime for either site. The insurance agent may access MarketScout only using your User Name and Password, and may not allow any other person to access MarketScout using your User Name and Password.
7a. You agree: (i) not to disclose your Password to any other person or entity; (ii) to make all reasonable efforts to maintain your Password secret and confidential; and (iii) to promptly notify MarketScout of any actual or suspected breach of security, such as loss, theft or unauthorized disclosure of your User Name or Password.
7b. You are solely responsible for maintaining the confidentiality of your Password, and personally responsible for all use, whether authorized or unauthorized, of MarketScout under your Password (including sending Submissions and binding insurance coverage). You agree that MarketScout will have no obligation with regard thereto.
7c.MarketScout, in its/their sole and absolute discretion, may terminate your access to MarketScout without notice or warning.
7d. It is solely your responsibility to remember your User Name and Password.
8. MarketScout may terminate the right of any insurance agent to access MarketScout at any time, with or without cause, in MarketScout’s absolute discretion and without notice. The recital in these Terms or elsewhere on MarketScout of specific grounds for termination of an insurance agent’s right to access MarketScout shall in no manner whatsoever limit MarketScout’s absolute right to terminate any insurance agents access to MarketScout under this paragraph.
9a. MarketScout will use reasonable efforts to maintain the confidentiality of all information contained in MarketScout messages between an insurance agent and the appointed market representative, or between an insurance agent and MarketScout; provided, however, that nothing herein shall preclude MarketScout from disclosing either the information or the content of any MarketScout message in connection with any subpoena, warrant or other judicial or governmental process.
9b. MarketScout shall have the right to intercept, read and disclose all MarketScout messages between insurance agents and an appointed market representative.
10a. You hereby agree to indemnify, defend, and hold harmless MarketScout and its directors, employees, licensors, subsidiaries and affiliates, as well as appointed market representatives or Insurers, from and against any and all liability and costs (including attorneys’ fees and costs) incurred in connection with any claim arising out of any breach by you of any of these Terms.
10b. You shall cooperate as fully as reasonably required in the defense of any claims.
MarketScout reserves the right, at its/their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of MarketScout.
Limitation of Liability
11a. Under no circumstances shall MarketScout, its officers, directors or affiliates, be liable for any general, special, indirect, direct, incidental, consequential, exemplary or punitive damages arising out of or relating in any way to MarketScout, or service-related matters and/or content or information contained within MarketScout, even if MarketScout has been advised of the possibility of such damages.
11b. Your sole remedy for dissatisfaction with MarketScout and/or service-related matters is to stop using MarketScout.
Grant of Rights
12. MarketScout grants you a non-exclusive, non-transferable, limited right to access, display on your computer, and use MarketScout in strict accordance with these Terms. These Terms do not grant you the right to use the “MarketScout” or any other MarketScout trademark, service mark or logo for any other purpose whatsoever.
Modification of Terms or Service
13a. MarketScout has/have the right to modify these Terms in any manner and at any time, without notice or liability.
Any modification is effective immediately upon a posting. Your continued use of MarketScout following notice of any modification of these Terms shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of MarketScout in providing MarketScout, including, without limitation, any change in the features or functions of MarketScout, is to terminate continued use of MarketScout.
13b. MarketScout may at any time, without notice or liability, change or eliminate any MarketScout feature or function, or restrict the use of any portion of MarketScout, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service related change or elimination is to terminate further use of MarketScout.
14a. Failure by MarketScout to enforce any
provision(s) of these Terms shall not be construed as a waiver of any provision or right.
14b. These Terms, and all other aspects of your use of MarketScout, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws.. All claims and disputes arising out of these Terms or your use of MarketScout shall be submitted to and resolved by binding arbitration of the American Arbitration Association.
No demand for arbitration or action of any kind or nature arising out of these Terms, or out of any use of MarketScout by an insurance agent, shall be brought by either MarketScout or any insurance agent more than one year after the date on which the cause of action first arises. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, and each party to this Agreement submits to the exclusive jurisdiction of, the state and federal courts, of Dallas, Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any arbitration proceeding or action to enforce the arbitrator’s award, the prevailing party will be entitled to costs and attorneys’ fees.
14c. These Terms constitute the entire agreement between you and MarketScout with respect to MarketScout and supersedes all prior agreements, understandings, representations or warranties, whether written or oral, between you and MarketScout.
This communication is confidential and may be legally privileged. If you are not the intended recipient, (i) please do not read or disclose to others, (ii) please notify the sender by reply email, and (iii) please delete this communication from your system. Failure to follow this process may be unlawful. Thank you for your cooperation.