Terms and Conditions

March 7, 2023

Thank you for visiting the SafetyCulture Care Insurance Services, Inc. (“SafetyCulture Care IS”, “we”, “us”, “our”, or “ours”) website. By entering our website and its sub-domains (“Website”) you agree to these terms and conditions (“Terms”). Please note: these terms may differ from those of other SafetyCulture or SafetyCulture Care Australia websites and subdomains with their own Terms and are not applicable to them. If you do not agree with any part of these Terms, access or use of our Website is not permitted and must be immediately discontinued. In connection with your access and use of our Website, you agree to comply with all applicable laws, statutes, ordinances and regulations in effect both in the United States, and if applicable, any other jurisdiction from where you may be browsing our Website.

Website content and access

While we take care in preparing and maintaining the information on our Website, no representations or warranties of any kind are made as to the functionality, reliability, accuracy, adequacy, completeness or suitability for a particular purpose of our Website or any of the content displayed. Our Website may include inaccuracies and other errors and is provided in “as is” condition with all faults.

Our Website may contain links to other websites or may reference content generated by third parties. SafetyCulture Care IS makes no representations whatsoever about and expressly disclaims any and all liability for your use of the websites of third parties and the content furnished therein. We do not endorse and are not responsible for the capabilities or reliability of any product or service obtained from a linked website. Your use of those websites will be pursuant to the Terms of Service in effect for those third party websites and not of the Website of SafetyCulture Care IS.

There may be times when our Website is unavailable, including due to force majeure, and SafetyCulture Care IS makes no guarantee that our Website is or will be free from viruses or any other harmful materials that may damage a computer which accesses our Website or to the safety or integrity of any data on such a computer.

Insurance products

The information on our Website is for general information purposes only. If you are a customer or potential customer, you should seek advice from an appropriately licensed insurance professional to determine which products, coverages, and services are most appropriate for your needs. All insurance products have their own terms and conditions that may be found in the policy documents provided to you. Such products, coverages, terms, and availability may vary by state. Exclusions may apply.

If you are an insurance producer (“Producer”), the terms and conditions of the SafetyCulture Care IS Producer Agreement shall apply in addition to these Terms, any applicable program terms, disclosures, and SafetyCulture Care IS policies or procedures.

SafetyCulture Care IS Broker Portal, Insurance Quote and Insurance Application Services

SafetyCulture Care IS may provide functionality on the Website exclusively for use by appropriately licensed insurance Producers with an active, unexpired or otherwise unterminated SafetyCulture Care IS Producer Agreement. If you do not possess licenses to do business in the locations where you wish to place business and do not have an active, unexpired or otherwise unterminated SafetyCulture Care Producer Agreement, you may not access or use the Broker Portal for any reason unless given express permission in writing by SafetyCulture Care IS. If given, those additional provisions contained in the written permission shall also apply along with those contained in these Terms. To the extent any provision of the written permission by SafetyCulture Care IS conflicts with these Terms, the provisions of the written permission shall control.

If you are a customer or potential customer, a Quote service and the Insurance Application service may be offered by SafetyCulture Care IS solely to assist you in the insurance purchase process and for no other purpose. Under no circumstances shall a quote be binding until a formal application for insurance has been accepted and bound according to the terms of the insurance policy by SafetyCulture Care IS or one of its partners. As risks change frequently, quotes for insurance may be valid for specific periods of time as indicated within the Quote service or in an applicable quote document made available to you by SafetyCulture Care IS or one of its partners. SafetyCulture Care IS expressly disclaims any liability for changes in terms or pricing after any quote has expired or where a policy application has not been accepted and bound. Finally, SafetyCulture Care IS makes no representation or warranties about and shall have no liability for the availability or unavailability of the Quote or Application services made available through our Website.

Under no circumstances are you authorized to use high-volume, automated or systematic processes to obtain quotes or make insurance applications, or to make an excessive number of requests to any service. SafetyCulture Care IS, in its sole discretion, shall make the determination as to what constitutes appropriate use and/or excessive requests made of our Website or services.

You also agree to not use, copy, compile, repackage or disseminate any information obtained from the Website and services, including, but not limited to, the Broker portal, Quote service or the Insurance Application service for any purpose other than for your personal, non-commercial use without the prior written consent of SafetyCulture Care IS. You additionally agree that you will not use, or obtain with an intention to use, such information for the purpose of discovering the business logic of any of our services or creation of a tool that predicts the operation of any service provided by us.

You expressly acknowledge that the business logic (including the relative importance of each rating criteria and any pricing algorithms) used to implement the services are trade secrets of SafetyCulture Care IS and/or its underwriters, insurers, or reinsurers and that SafetyCulture Care IS would suffer significant harm if such business logic were to be derived and subsequently used or disclosed in breach of these Terms.

Limitation of liability and indemnification

To the maximum extent permitted by law, SafetyCulture Care IS and its affiliates and subsidiaries disclaim any and all liability whatsoever for the loss or damage of any kind (including, but not limited to, special, indirect or consequential losses and loss of business profits) however caused (including negligence) arising out of or in connection with the Website content and the use or performance of the SafetyCulture Care IS services. Where a law implies a warranty into these Terms which may not be legally excluded, our liability for breach of such a warranty shall be limited, at our option, to any one or more of the following: (a) in the case of goods, to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods; and (b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.

You agree to defend, indemnify and hold SafetyCulture Care IS harmless from any claim or demand made by a third party in connection with or arising out of your access or use of our Website or any the content or services other than as expressly authorized by these Terms. This includes your breach of these Terms, your violation of applicable laws or regulations, or your violation of those rights of any third party.

By using our Website, you agree that these Terms are reasonable.

Copyright and trademarks

We, together with our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our Website (including, without limitation, the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material). All the copyright and other intellectual property rights in our Website and the material on our Website is hereby reserved. These Terms grant you no right, title, or interest in our intellectual property and create no relationship between you and SafetyCulture Care IS.

You may view the Website in a properly supported web browser and print pages from our website for your own personal and business purposes, but may not use the Website for any other purposes. Except as SafetyCulture Care IS has expressly permitted in these Terms, you may not: (a) edit or otherwise modify any material on our website; (b) unless you own or control the relevant rights in the material, republish material from our website (including republication on another website), rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to or commercially exploit the material on our website.

This website uses the font software listed below. This font software is licensed under the SIL Open Font License, Version 1.1, available at: https://scripts.sil.org/OFL.

• Poppins Bold: Copyright 2020 The Poppins Project Authors (https://github.com/itfoundry/Poppins)
• Noto Sans: Copyright 2012 Google Inc. (https://fonts.google.com/noto/specimen/Noto+Sans)

Acceptable use

You may not use our Website in any manner or for any purpose that is unlawful or is prohibited by these Terms. You agree that you will not:

• Use any device, software or routine which may or will interfere with the working or functioning of our Website or bypass information security protections therein, and will not post, publish, distribute or transmit any content of any kind which contains a virus or other harmful component.
• Make any unauthorized use of any materials or intellectual property found on our website.
• Copy or provide to any other party any materials, content or data found on our website other than as set out in these Terms or as otherwise agreed by us.
• Use any type of data accumulation tool, robot, or spider to compile, disseminate, extract, process, reproduce, or repackage in any form or monitor any of the web pages, content, data or information contained within or accessible through this website.
• Use any method or means to copy, reproduce, republish, frame, post, upload, distribute, transmit, sublicense, delete or modify in any way all or any part of the content on our website, or monitor it in any way, unless expressly provided for in our website or expressly authorized in writing by SafetyCulture Care IS.
• Accumulate or combine the content, data or information contained or accessible through this website with content, data or information from any third party, without prior written permission of SafetyCulture Care IS
• Intentionally do anything which overburdens the infrastructure of our website.
• Post, publish, distribute or transmit any unlawful, threatening, abusive, harassing, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent content of any kind, including without limitation any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations.
• Post, publish, distribute or transmit, or disseminate any content of any kind which violates or infringes upon the rights of any other person, including content which is an invasion of any privacy or publicity rights, or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from SafetyCulture Care IS or relevant right holder.
• Post, publish, distribute or transmit, or disseminate any unsolicited correspondence (including emails) or spamming via our website.
• Reverse engineer, reverse assemble, or otherwise attempt to identify the source code or other arithmetical formula for the infrastructure software or functions.
• Restrict or inhibit any other user from using or enjoying our website.
• Create a link to this website from another website without SafetyCulture Care’s prior written permission.
• llow to be accessed or used by individuals aged 13 and under as the Website and services are not intended for use by children.

Privacy Statement

Your privacy is important to us. Please refer to our Privacy Policy which details the ways in which we collect and use personal information. By agreeing to these Terms you are also agreeing to our Privacy Policy.

Cookies

Our website uses cookies. Step by step instructions of how you can turn your cookies off is set out at the following link How to Turn Off Cookies

Updates

We may update these Terms, anything referred to in these Terms, or anything on our Website without notice by posting or otherwise making available a new version on our Website. Such modification or change is effective upon posting to or availability on our Website. You agree to be bound to any changes to these Terms when you use our Website after any such change is posted, so please check back on a regular basis to ensure you are familiar with any updates.

Breaches of these SafetyCulture Care Website Terms

We will determine, in our discretion, whether you have breached these SafetyCulture Care website Terms. If we consider you have breached them, we may take any action we deem appropriate including to:

• suspend or terminate your right to use the SafetyCulture Care website;
• commence legal proceedings against you for reimbursements of costs we have incurred as a result of your breach report on an indemnity basis;
• take further legal action against you; and
• notify relevant law enforcement authorities and disclose your identity to them.

General legal terms

SafetyCulture Care Insurance Services, Inc. is a company domiciled in the United States. These Terms are governed by and shall be construed in accordance with the laws of the State of Delaware. You agree to submit to the exclusive jurisdiction of the courts in New Castle County, Delaware irrespective of where you are located and waive the defense of forum non conveniens.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remainder of the Terms will remain in effect and shall be construed in a manner as to give greatest effect to the original intent. Failure by SafetyCulture Care IS, in any instance, to exercise any of its rights under these Terms will not constitute waiver of such right or any other rights under the Terms.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Any notices to SafetyCulture Care IS, and any questions, concerns or complaints must be in writing and addressed to: SafetyCulture Care Insurance Services, Inc., 2114 Central Street 6th Floor Kansas City, MO 64108 USA or given by email to: [email protected]

You agree to use your best efforts to resolve any dispute arising out of or relating to these Terms with SafetyCulture Care IS prior to resorting to any other dispute resolution process. Please notify us in writing at the contact information herein of any dispute you may have.

SafetyCulture Care IS Services Terms of Use

These SafetyCulture Care Services Terms of Use apply to your access and use of the SafetyCulture Care IS online platforms and may operate concurrently with Terms located on other SafetyCulture websites and subdomains. To the extent there is any inconsistency with regard to your access and use of SafetyCulture Care IS services, these Terms prevail.

SafetyCulture Care IS Access and User Logins

Some portions of our Website are restricted and require login credentials. In accessing the Website and services, you may not share or allow any other person to use your login credentials. You may only use your individually issued login and only use SafetyCulture Care IS services to view or manage information relating to the business you do with SafetyCulture IS as a customer or Producer.

Where you hold a policy or access SafetyCulture Care IS services jointly with another person, each is required to become a registered user with SafetyCulture Care IS. Your individual login credentials may enable each of you to view or manage details relating to business you have with SafetyCulture Care IS, including jointly held insurance products. Any transaction performed using SafetyCulture Care IS by one registered user acting jointly will be deemed an authorized transaction performed by all registered users so affiliated.

Your user registration will remain active with SafetyCulture IS when you use your login at least once in a two-year period. Should you not use your login to access SafetyCulture Care IS services for a period greater than two years, or other period of time we determine, you will be deemed an “Inactive User” and your access to SafetyCulture Care may be terminated.

You are responsible for providing truthful and complete information needed to establish login credentials as well as maintain the accuracy and completeness of your account information necessary to do business with SafetyCulture Cares IS, such as your name, telephone number, mailing address, email address or other relevant information.

Electronic transactions

You may use SafetyCulture Care IS services to perform certain transactions online. By using our Website, you consent to conduct business electronically, including the receipt of any documents through electronic delivery.

For some features of the SafetyCulture Care IS services, you may have the option to use electronic signatures instead of a traditional written signature in ink. Electronic signatures may be enabled on our Website through various means, including clicking or checking a box, or through the use of a digital signature service or function using a hash. You agree that an electronic signature in any of these forms as used by you shall have the same force and effect as your physical written signature so as to legally bind you to terms, conditions, and agreements.

Any transactions performed on the SafetyCulture Care IS Website will not be complete until we receive your request and process your “Confirmation”. A Confirmation means any communication issued or transmitted by you to us via SafetyCulture Care IS services or other electronic means which contains your acceptance in relation to our offer, or your confirmation of payment, whichever applies.

Your Confirmation may not be received by us for various reasons, technical or otherwise, and you acknowledge that we are not liable to you in any way for loss or damage, howsoever caused, directly or indirectly, in connection with the transmission of your Confirmation.

Terminating access to SafetyCulture Care IS Services

We reserve the right to terminate your access to SafetyCulture Care IS services at any time for any reason. We will make commercially reasonable efforts to notify you if this occurs. You may terminate your access to SafetyCulture Care at any time by contacting us and giving notice to that effect along with sufficient information to enable us to identify you and your user login credentials.

Where your access to SafetyCulture Care is terminated by us, by you or as a result of you becoming an Inactive User, you must immediately cease using SafetyCulture Care IS services and not directly or indirectly access or use SafetyCulture Care IS services further.