Effective Date: May 18,2020
THIS TOU CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS CAREFULLY.
- Acceptance of this TOU
By using the Website and the various products and services offered via the Website (the “Service”), you certify that you have read and agree to be bound by this TOU. If you do not agree to the terms of this TOU, you must immediately cease using the Website and Service. Nothing in this TOU shall be deemed to confer any third-party rights or benefits.
- Changes to this TOU
We reserve the right to modify, alter, remove, or delete portions of this TOU at any time. We will notify you of any changes to this TOU by posting the new TOU here with the updated effective date at the top of this TOU. It is your responsibility to regularly review this TOU for any modifications. Your access to or use of the Website and/or Service after any modification to this TOU shall constitute your acceptance and agreement with the new TOU. If you do not agree with the new TOU, you must immediately cease using the Website and Service.
- Description of Service
WSRB currently provides Authorized Users with access to its Service. For the purpose of this TOU, "Authorized Users" means employees and other designated representatives of subscribing insurance companies. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOU. In order to use the Service, you must: (a) be over the age of 18, (b) obtain access to the Internet, either directly or through devices that access web-based content, and (c) pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet.
- Your Registration Obligations
To access and use the Service, you must register an account on our Website. You will receive a password and account designation upon completing the Service's registration process. When registering, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any Registration Data that is untrue, inaccurate, not current, or incomplete, or WSRB has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, WSRB has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof.
- Member Account and Password Security
The Service is intended for use by Authorized Users only. Account information and passwords must be kept secure at all times and cannot be shared with any third party, including without limitation any individuals in your office. You and your employer are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WSRB of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. WSRB cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
- License to the Service; Restrictions
When you register an account, WSRB grants you a non-exclusive, non-transferable, revocable limited license to access and use the Website and Service, subject to the terms of this TOU. The license granted under this Agreement is specific to you and cannot be transferred, sublicensed, or assigned without the prior written consent of WSRB. Information available via the Website or Service is intended for your internal business use only.
You agree to comply with all applicable laws, rules, and policies of the United States of America and your country of residence, including without limitation those pertaining to data security, privacy, electronic communications, insurance regulations, and all WSRB rules and policies, all as may be amended from time to time, in your use of the Website and Service. You acknowledge that you are prohibited from:
A violation of any of the foregoing may result in immediate termination of your access to the Website and Service and liability for such actions, if applicable.
- using the Website or Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, contains viruses or other malicious code or software, or is otherwise objectionable as reasonably determined by WSRB;
- reselling, leasing, sublicensing, commercially exploiting, or transferring any information available via the Website or Service to any third-party;
- reproducing, duplicating, decompiling, disassembling, translating or creating derivatives of the Website, Service, or any portion thereof;
- using the Website or Service in a manner that infringes WSRB’s proprietary rights;
- interfering with any other user’s use or enjoyment of the Website or Service;
- using any robot, spider, worm, other automated device, or manual process to monitor, copy, or scrape any content from the Website;
- removing any proprietary notices from the Website, Services, or their content;
- using the Website, Service, or any information available on the Website or Service to create a competing product or service;
- intercepting or attempting to intercept any communications through the Website;
- using the Website or Service in violation of any applicable law, regulation, guideline or policy, including without limitation those relating to privacy or data security.
- Rules and Regulations
Your use of the Website and Service must comply with the WSRB Rules and Regulations. Failure to comply with the Rules and Regulations may result in immediate termination of your access to the Service and deactivation of your account.
- Assessments and Charges
You agree to pay all applicable fees and charges for access to the Service. Late or cancelled payments may result in additional fees. More information on the assessment of fees and our billing practices can be found in the Assessments and Charges section of our Rules and Regulations.
You agree to indemnify and hold WSRB, its directors, officers, subscribers, affiliates, agents, licensors, and employees harmless from any claim, demand, damages, costs, losses, or liabilities, including reasonable attorneys' fees, made by any party due to or arising out of your breach of this TOU or your use of the Website or Service, including without limitation any insurance decisions you make based on information available through the Service.
- Modifications to Service
WSRB reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WSRB shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that WSRB, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if WSRB believes that you: (a) have violated or acted inconsistently with the letter or spirit of the TOU, the Rules and Regulations, or any other WSRB policy, (b) have violated any law applicable to your use of the Service, or (c) no longer meet the definition of an "Authorized User." WSRB may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that WSRB may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WSRB shall not be liable to you or any third party for any termination of your access to the Service.
You acknowledge that, immediately upon termination of your account and password or use of the Service, you are prohibited from using the Service or any portion of the Service, including but not limited to any reports, forms, data, applications, or other products or services made available through the Service. Any use of the Service after termination shall constitute an infringement of WSRB’s intellectual property rights.
The Service may provide, or third parties may provide, links to other websites or resources. Because WSRB has no control over such sites and resources, you acknowledge and agree that WSRB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WSRB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
- WSRB's Proprietary Rights
You acknowledge and agree that the Website, Service, and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. WSRB holds all right, title, and interest in and to the Software, Service, Website, and any portions thereof, including without limitation all future versions, translations, adaptations, or derivatives thereof. Except as expressly authorized by WSRB, you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer, or create derivative works based on the Website, Service, or the Software, in whole or in part. WSRB grants you a personal, non-transferable, non-exclusive revocable right and license to use the object code of its Software on a single computer; provided that you do not, and do not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service.
You acknowledge that the WSRB name, logo, and other product/service names, brands, slogans and other marks are the trademarks or servicemarks of WSRB (collectively, the “Trademarks”). You are prohibited from using the Trademarks for any purpose, including without limitation to suggest WSRB endorses or supports you, your business, or your products/services without the prior express written consent of WSRB.
- Digital Millennium Copyright Act (DMCA) Notices.
Pursuant to the Digital Millennium Copyright Act (DMCA) Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to WSRB in accordance with our DMCA Statement. If you believe content posted on the Website or Service infringes your copyright rights, please send notice to our Copyright Agent in accordance with our DMCA Statement. You can access our DMCA Statement by clicking here.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WSRB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE WEBSITE AND SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- Information available in the Service is sourced from public data, including without limitation data obtained from appraisal, fire, earthquake, and flood authorities. WSRB does not independently review, nor is it responsible for the accuracy, availability, or reliability of the data provided by any third-party organization or authority. You should always verify that the data provided in the Service conforms with actual conditions. Each property should be evaluated by physical inspection. No final decisions should be made from information available in the Service.
- Information available via the Service is compiled as of the date of purchase and is subject to change in the future. You should verify the currency of any information available via the Website or Service before using it on a future date.
- WSRB makes no warranty that: (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate, complete, or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained by you through the Service will meet your expectations, and (e) any errors in the Software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from WSRB or through or from the Service shall create any warranty not expressly stated in the TOU.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WSRB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WSRB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICE, (F) INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION, VIRUSES, OR FAILURE OF PERFORMANCE, OR (G) ANY OTHER MATTER RELATING TO THE SERVICE.
ACCESS TO AND USE OF THE WEBSITE AND SERVICE IS AT YOUR OWN RISK.
- Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If for any reason any of the foregoing limitations are held unenforceable, WSRB’s maximum aggregate liability to you shall be the total amount paid by you to WSRB in the twelve (12) month period immediately preceding the event giving rise to the claim.
WSRB has endeavored to make the Website accessible for all to use. We have taken steps and regularly assess the Website to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the Website, please contact us at here.
- No Professional Advice
The Website and Service are provided for informational purposes only. Nothing on the Website or Service is intended to provide, or should be construed as providing, any legal, accounting, insurance, or other professional advice. You should contact professional advisors and evaluate all risks before taking any action, or refraining from taking any action, based on any information available on the Website or Service.
Notices to you may be made via either email or regular postal mail using the contact information you provide when registering for the Service. It is your responsibility to keep your contact information current. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service. Notices to us may be sent to Washington Surveying and Rating Bureau, 2101 4th Avenue, Suite 300, Seattle, WA 98121.
- Binding Arbitration; Class Action Waiver
By accessing and using the Website and/or Service you agree any claims you bring against WSRB arising out of or relating to this TOU, your use of the Website or Service, or your rights of privacy will be resolved by binding arbitration conducted by the American Arbitration Association in conjunction with its Consumer Arbitration Rules. YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO FILE A LAWSUIT OR HAVE A TRIAL BY JURY. Arbitration shall be conducted in King County, Washington by a single arbitrator. Any cause of action you may have under this TOU must be commenced within one (1) year after the claim or cause of action arises. Costs of arbitration shall be shared equally between you and WSRB, except that each of us shall be responsible for the costs of our own legal counsel.
You agree any claims you bring against WSRB will be conducted only in an individual capacity and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU AGREE THAT YOU AND WSRB MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- General Information
This TOU constitutes the entire agreement between you and WSRB and governs your use of the Service, superseding any prior agreements between you and WSRB. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and WSRB shall be governed by the laws of the state of Washington. You and WSRB agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington. You cannot assign your rights or obligations under this TOU without the prior written consent of WSRB. The failure of WSRB to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. Nothing in this TOU or in your use of the Website or Service should be interpreted as creating a joint venture, partnership, employment, or agency relationship. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
- Electronic Signature
You acknowledge and understand that the affirmative act of using the Website or Services or clicking to accept this TOU constitutes your electronic signature to this TOU. You acknowledge other legal documents available through the Website and/or Services may be executed electronically and you consent to providing said electronic signature and agree to be bound by the terms and conditions of such documents.
Any inquiries regarding this TOU should be sent to:
Washington Surveying and Rating Bureau
2101 4th Avenue, Suite 300
Seattle, WA 98121
Electronic Contact: help.wsrb.com/kb-tickets/new