Terms Of Use

Binding Agreement

By accessing all or any part of this Site of the Insurance Information Institute (hereinafter referred to as the”Insurance Information Institute” or “we”), you agree to be bound by these Terms and Conditions (this “Agreement”) and the Privacy Policy posted on this Site.  If you do not agree to be bound by these Terms and Conditions and the Privacy Policy you should not access or view this Site.  In addition, this Site is intended only for users that are at least 18 years old and by accessing this Site, you warrant that you are at least 18 years old.

Amendment and Updates to Terms and Conditions

Each time a user accesses and views the Site, the Terms and Conditions of Use and the Privacy Policy should be reviewed because Insurance Information Institute reserves the right to change them from time to time without notice.  Your continued use of the Site immediately after such changes are posted on the Site constitutes your acceptance of such change.

Who We Are

The Site is owned and provided by the Insurance Information Institute.  We are a New York non-for-profit organization that provides information on insurance matters as further described on the Site.

Updates and Modifications

Content and materials on this Site may be changed, removed or updated at any time without notice.  While Insurance Information Institute uses reasonable efforts to maintain the accuracy of the content and information on this Site, the possibility exists that some materials could include errors, inaccuracies, or out of date information.

Ownership of Content and Marks; Trademarks and Copyrights; Limitations

The contents of this Site are copyrighted by Insurance Information Institute. All rights are reserved.  All information, materials, contents, publications, services, text, pictures, photographs, audio, video, graphics, logos, marks, images, applications and downloadable software (the “Content”) are owned or licensed by Insurance Information Institute, and you agree that you have no rights with respect to the Content, except the limited and revocable rights provided by the Site to access and use the Content as provided in these Terms and Conditions and in any terms and conditions and licenses applicable to any particular Content, such as downloadable software and applications.  You shall not copy any of the Content, except you may make one copy (other than with respect to any software or applications) for your own personal use, provided that such copy contains any notices that are in the original, such as copyright, trademark or other proprietary notices.  You shall not modify or distribute materials contained on this Site.  You shall not exploit, use for commercial purpose, alter, modify, transmit, display, link to, perform, reproduce, frame, reuse, post, publish, sublicense,  transfer, or sell or create any derivative works from any Content displayed on, made available or obtained from this Site, in any manner without the prior written authorization of the Insurance Information Institute.

Insurance Information Institute’s name, logo, and other marks used in connection with its products and services are trademarks of Insurance Information Institute and are protected by U.S. and international trademark laws. You may not use any of Insurance Information Institute’s trademarks without the express written consent of Insurance Information Institute. The names of all other products and services mentioned on this Site may be trademarks or service marks of their respective owners.

You shall not use or attempt to use any “scraper”, “robot”, “bit”, “Spider”, “data mining”, code or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy or monitor any portion of the Site or any of the Content, without the express written consent of the Insurance Information Institute.

You are prohibited from using any of the Content to harass, advertise, solicit, contact or sell to any individual or entity.

Interactive Areas

Insurance Information Institute’s forums, bulletin boards and chat rooms are provided to give users forums in which they can express their opinions and share their ideas.  All opinions, comments, ideas, reviews and feedback posted on this Site by you are owned by Insurance Information Institute and to the extent not owned, you grant Insurance Information Institute a royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and display such opinions, comments, ideas, reviews and feedback throughout the world in any form, media, software or technology of any kind. You also grant Insurance Information Institute the right to use your name in connection with the reproduction or distribution of such material.

Insurance Information Institute is free to use, without compensation of any kind, all opinions, comments, ideas, reviews and feedback provided by or on behalf of you in any manner and for any purpose whatsoever, including but not limited to developing, distributing and marketing products, applications or services incorporating or based on such opinions, comments, ideas, reviews and feedback.

You represent and warrant that with respect to all content, comments and information posted on this site by or on behalf of you, (“User Provided Content”) that you have the right to post the User Provided Content on this Site and all User Provided Content shall not infringe or misappropriate or violate any third party’s intellectual property rights or proprietary rights and shall not be defamatory, harassing, libelous, obscene or pornographic or violate any third party’s privacy policy.

Links to this Site

Without the express written consent of Insurance Information Institute, no other site has the right to link to or frame to this Site.

Disclaimers

THIS SITE AND THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE AND MATERIALS PROVIDED ON OR THROUGH USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.  ALL CONTENT, SERVICES, APPLICATIONS, SOFTWARE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  INSURANCE INFORMATION INSTITUTE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS SITE, CONTENT, SERVICES, AND THE MATERIALS PROVIDED ON OR THROUGH USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR ANY PARTICULAR PURPOSE.  INSURANCE INFORMATION INSTITUTE MAKES NO WARRANTIES, REPRESENTATION OR GUARANTEES OF ANY KIND WITH RESPECT TO THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE AND MATERIALS PROVIDED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, NO WARRANTIES ABOUT THE CORRECTNESS, ACCURACY OR TIMELINESS OF ANY CONTENT.  INSURANCE INFORMATION INSTITUTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE. INSURANCE INFORMATION INSTITUTE DOES NOT GUARANTEE THAT THE SITE OF THE CONTENTS, SERVICES, APPLICATIONS, SOFTWARE OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE WILL BE ACCESSIBLE, UNINTERRUPTED, WITHOUT DELAY, ERROR OR OMISSION OR FREE OF VIRUSES OR HARMFUL CODE.  YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE AND OPERATION OF THE SITE AND ALL CONTENT, SERVICES, APPLICATIONS, SOFTWARE AND MATERIALS PROVIDED ON OR THROUGH USE OF THIS SITE.

Limitation of Liability

IN NO EVENT SHALL INSURANCE INFORMATION INSTITUTE, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS OR COST OF SUBSTITUTE GOODS) IRRESPECTIVE OF THE FORM OF ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, THE SERVICES, THE APPLICATIONS, THE SOFTWARE OR THE MATERIALS PROVIDED ON OR THROUGH USE OF SITE.  IN THE EVENT THAT INSURANCE INFORMATION INSTITUTE, OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES OR EMPLOYEES IS DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE OR THE CONTENT, SERVICES, APPLICATIONS OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE, INSURANCE INFORMATION INSTITUTE’S AND ITS AFFILIATES’, ITS AND THEIR OFFICERS’, DIRECTORS’, TRUSTEES’, AGENTS, REPRESENTATIVE’S AND EMPLOYEES’ AGGREGATE LIABLITY TO ANY AND ALL USERS OF THE SITE OR ANY OF THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE SHALL NOT EXCEED FIVE DOLLARS ($5.00).

Infringement Policy

Insurance Information Institute reserves the right, but not the obligation, to terminate your right to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. In addition, pursuant to 17 U.S.C. Section 512(c), Insurance Information Institute has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyrights Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

Andreá C. Basora
Insurance Information Institute
110 William Street
New York, New York 10038

Phone: 212.346-5588
Fax: 212.346-5589
Email: andreab@iii.org

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
  3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

Applicable Laws, Jurisdiction and Waivers

The Site is provided by Insurance Information Institute from its offices in the United States of America. Insurance Information Institute Products makes no representation as to the suitability of the materials on the Site for use outside of the United States of America. Any claim relating to this Site or the Content or any services, applications or material on the Site, including your use of the same, shall be governed by the laws of the State of New York (USA), excluding its principles of conflicts of laws and with respect to copyrights, patents and trademark rights, the federal laws of the United States.  In the event of any claim or dispute arising out of or relating to this Agreement, you agree to the exclusive jurisdiction in the courts located in the Borough of Manhattan in New York City, New York and waive any rights to claim inconvenient forum or immunity, except that with respect to any injunctive action brought by Insurance Information Institute against you, Insurance Information Institute also has the right to bring an action against you in any court that has jurisdiction.  Each user of the Site waives any and all rights to a jury trial with respect to any claim arising out of or relating to the Site or any Content, services, applications, software or materials provided in or through the Site.

Third Party Web Sites

The Site may contain links to third party web sites or applications (“Third Party Websites”).  These links are provided solely as a convenience to you and are not an endorsement of the Third Party Websites or the content or applications on the Third Party Websites.  We are not responsible for the content or applications of any of the Third Party Websites.  In addition, the Third Party Websites each have their own privacy policies with respect to use of your data and information and we are not responsible for the Third Party Websites’ use of your data and information.

No Endorsements by Employees or Other Entities with a Financial Interest in Insurance Information Institute  

If you are an employee, shareholder, director or officer or relative of an employee, shareholder, director or officer of Insurance Information Institute, you should not post on the Site any endorsements, testimonials or other evaluations with respect to the Insurance Information Institute or any content, products or services provided by the Insurance Information Institute.

Indemnity

You agree to indemnify and hold harmless Insurance Information Institute, its affiliates and our and their affiliate’s respective officers, directors, trustees and employees (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including, without limitation, reasonable attorney’s fees) that any or all of the Indemnified Parties may incur arising out of or relating to (i) the breach by you of any of the terms contained in this Agreement or the Privacy Policy; or (ii) any User Provided Content.

General

This Agreement constitutes the entire agreement between Insurance Information Institute and all users of this Site with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral.

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver of these terms will be valid, except in the event that the waiver is in writing and signed by an officer of Insurance Information Institute Products.

Contact the Insurance Information Institute

If you have any questions about this Agreement, the practices of this Site, your dealings with the Site or about the work of the Insurance Information Institute, you may contact us at info@iii.org or by writing to us at:

Insurance Information Institute

110 William Street
New York, New York  10038
Attn: Andreá C. Basora

Effective Date

The effective date of these Terms and Conditions is May 11, 2015.