Please review the following Terms and Conditions.
TERMS OF USE
WHAT FOLLOWS IS A LEGALLY BINDING CONTRACT. YOU MUST READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS SECURE WEB SITE. BY ENTERING OR USING THIS WEBSITE OR BY ACCESSING ANY DATA OR USING ANY SERVICE DERIVED FROM OR ON THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MUST EXIT THIS WEBSITE IMMEDIATELY AND MAY NOT USE THE WEBSITE OR ANY DATA, SERVICES OR OTHER INFORMATION HEREIN. YOU FURTHER AGREE THAT YOUR CONSENT, GIVEN ELECTRONICALLY, SHALL HAVE THE SAME LEGAL EFFECT AS IF YOU HAD PERSONALLY SIGNED THESE TERMS OF USE. HOWEVER, ACCESS TO THE INFORMATION CONTAINED ON THIS WEBSITE BY YOU WILL REQUIRE YOUR SUBMISSION OF A SIGNED WRITTEN AUTHORIZATION AS PROVIDED BY THE CDI. THESE TERMS OF USE ARE INTENDED TO SUPERSEDE ANY PROVISIONS OF APPLICABLE LAW WHICH MIGHT OTHERWISE LIMIT THEIR ENFORCEABLITY OR EFFECT BECAUSE THEY WERE ENTERED INTO ELECTRONICALLY.
These Terms of Use set forth the terms and conditions for the use by you ("You" or "User") of the On-Line Insurance Fraud Reporting website ("Site") and the information, functions, and services offered by the California Department of Insurance (the "CDI") on the Site (the "CDI Services").
General. This Site is maintained by the CDI. All of the content on the Site (including, but not limited to, text, graphics, links, scripts, software, images, audio and video) is made available to users of the Site only for the lawful purposes described below. The Site is secure and contains confidential information. This Site is available only to authorized users. The information in this Site is confidential and may be proprietary. By using a Username and a password to enter these secure areas, You represent and agree that (i) the company for which You are working when using a Username and entering this Site ("Your Company") has agreed to these Terms of Use; (ii) You are authorized by Your Company to enter this secure Site and (iii) You will not exceed or attempt to exceed the clearances granted to You by Your Company. Unauthorized use of this Site, including any attempt to hack into the Site or to undermine its security, is a violation of these Terms of Use and may subject You to legal action by the CDI and/or law enforcement authorities.
Agreement to Terms. Your use of the services provided by the CDI on this Site indicates Your acknowledgement and acceptance of the terms and conditions set forth in these Terms of Use. If You do not agree with or accept any of these terms or conditions, You must exit this Site immediately. The CDI reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. The CDI will attempt to notify You of any changes to these Terms of Use. Nevertheless, unless otherwise specified, such changes shall be effective upon posting. You have the obligation to review the Terms of Use from time to time. Your continued use of the Site or any CDI Services after the date of any change in the Terms of Use constitutes Your agreement to be bound by the new Terms of Use. These Terms of Use may not be modified, varied or altered by oral agreement or by any means other than those specified in this Section.
Permitted Use. These Terms of Use provide You with a revocable license to access, input, view, copy, print and/or download content and materials on this Site solely for use in the course of Your Company's reporting of suspected insurance fraud, subject to the following: (1) You must keep intact all copyright and other proprietary notices; and (2) except as provided in these Terms of Use, You may not print or download content and materials on this Site for publication or distribution to any person outside Your organization. Any conduct by You that violates any of the above obligations or is in any way contrary to these Terms of Use may result in the suspension or termination of Your access to the Site or to any of the CDI Services, at the sole discretion of CDI, with or without notice, in addition to any other remedies set forth herein or otherwise applicable in law or equity. The CDI reserves the right to terminate Your Username at any time if the CDI believes Your conduct violates these Terms of Use or if the CDI believes that such conduct undermines the integrity or functionality of the Site or interferes with access by the Site's other users.
Access to Confidential Information. Maintenance of privacy and confidentiality of information that identifies a particular insured or individual is extremely important to the CDI. Penalties for accessing a person's individually identifiable information without proper authorization are as provided in these Terms of Use and Your Company's Subscription Agreement, and under applicable law.
CDI access and review of information. You agree that, notwithstanding any other provision of law, CDI may access and review any documentation and information pertaining to your use of this web site and the information therein.
Additional Remedies. In addition to any other remedies available to the CDI under applicable law, the CDI may immediately terminate Your access to the Site and that of Your Company and notify any appropriate governmental entity if You:
- Misrepresent Your authority to access information,
- Misuse or improperly disclose a person's individually identifiable information, or permit such information to be misused or improperly disclosed, or
- Otherwise violate these Terms of Use.
Privileges Nontransferable. You may not transfer Your rights under these Terms of Use to any third parties without prior authorization from the CDI.
Transfer of Information. Without written authorization from the CDI you may not transfer or provide, or permit to be transferred or provided, information obtained from this Site to a third party for storage, manipulation or further processing.
Disclaimer. Neither the CDI nor any of its employees shall be held liable for any improper or incorrect use of the information described and/or contained on this Site. Neither the CDI nor its employees assume responsibility for any person's use of this information, except as expressly provided in these Terms of Use. The CDI reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or any content on the Site with or without notice. You agree that the CDI shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site.
Disclaimer of Warranties. The CDI will take reasonable efforts to maintain this Site, except as expressly set forth herein, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Neither the CDI nor any third-party content provider or licensor makes any warranty whatsoever, including, without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is or will be free of viruses or other harmful components.
Limitation of Liability. YOU UNDERSTAND THAT, EVEN IF THE CDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL THE CDI BE LIABLE FOR ANY LOST PROFITS, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE.
Indemnification. You agree to indemnify, defend, and hold harmless the Commissioner, the CDI, staff and employees and representatives from and against any and all losses, liabilities, obligations, claims, suits, costs, expenses, damages, or judgments of any kind or nature whatsoever (including, but not limited to, reasonable attorneys' fees and other reasonable expenses associated with litigation, and any costs incurred pursuing indemnification claims hereunder), whether actual or threatened, resulting from or in any way connected with (i) a violation by You of these Terms of Use, (ii) Your use of this Site; or (iii) any unauthorized use of a CDI Username provided to You by the CDI or Your Company. Notwithstanding the preceding sentence, You shall not be required by Subsection (iii) of this Section 15 to indemnify the CDI for any Claims that are the direct result of the CDI's negligence or willful misconduct. The indemnification provided for in this Section shall be in addition to, and not in lieu of, any other remedy at law or in equity that may be available to the CDI.
Governing Law. These Terms of Use are governed in all respects by the laws of the State of California, without giving effect to any principles of conflicts of laws. You agree to waive all defenses as to venue and/or personal jurisdiction as to any action brought there.
© 2018 California Department of Insurance Fraud Online Reporting, Terms of Use and Privacy Notice.
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