Legal Terms and Conditions

California Department of Insurance
Company Complaint Response Center

This Terms of Use Agreement (the “Agreement”) explains the terms by which you may use the Company Complaint Response Center (“CRC”) online service (“Service”) provided by the California Department of Insurance (“CDI,” “we,” “our”).

By accessing or using the Service, or by clicking “I Agree”, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement.

This Agreement applies to all users, and others who access the Service, including but not limited to: (i) insurance companies and their employees; (ii) third-party vendors and other authorized insurance company representatives, and (iii) individuals otherwise using any aspect of the Service on behalf of insurance companies and their employees (collectively, “Users”). As used in this Agreement, “you” will apply to the appropriate type of User under the circumstances.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. IT IS THE RESPONSIBILITY OF EVERY USER TO ENSURE COMPLIANCE WITH STATUTORY REQUIREMENTS REGARDING CONSUMER COMPLAINTS.

1. Use of the Service

A. Eligibility

You must read and agree to these terms before using the Service, and if you do not agree, you may not use the Service. You may use the Service only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Service in connection with any minors.

B. License for CDI Service

Subject to the terms and conditions of this Agreement, CDI grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service and CDI Content solely as permitted by the features of the Service we provide to you on a User-by-User basis. We reserve all rights not expressly granted in the Service and the CDI Content (as defined below). We may terminate this license and your access to the Service at any time for any reason.

C. User Accounts

Your user account gives you access to the services and functionality of the CRC. If you open a user account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify CDI immediately of any breach of security or unauthorized use of your account. CDI will not be liable for any losses caused by any unauthorized use of your account.

By providing your email address you consent to using the email address to send you Service-related notices, including any notices required by law, instead of postal mail. We may also use your email address to send you other messages, such as changes to features of the Service.

D. Use of the Service

You agree to use the Service as the sole means for delivering and receiving complaint information. Notwithstanding this Agreement, all legal requirements with respect to complaint response and handling remain in place except for extraordinary circumstances outside of the control of the licensee which severely and materially affect the licensee’s ability to conduct normal business operations;. The primary User for each company shall be the person identified by that company as the primary portal administrator and the sole contact for the Consumer Complaint Study (“CCS”); the primary portal administrator for each company shall be the User responsible for managing secondary Users and access by that company to the Service. In the event that there is any change in the primary portal administrator, each company has the responsibility to inform CDI of such change in writing.

E. Service Rules

Without prior notice, we may: change the Service; stop providing the Service or features of it, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any lawful reason, including if in our sole determination you violate any provision of this Agreement, or for no reason if lawfully permitted. Upon any such termination, you continue to be bound by this Agreement and all legal requirements with respect to complaint response and handling.

2. Our Proprietary Rights

Except for materials such as logos, trademarks, and service marks owned by our business partners or licensors, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “CDI Content”), and all related Intellectual Property Rights, are the exclusive property of CDI. Except as explicitly provided herein, nothing in this Agreement grants to you a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any CDI Content. Use of the CDI Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

3. Use of Vendors & Contractors

CDI in its sole discretion may use vendors or contractors to help provide the Service to you, and we may change our use of vendors or contractors without notice to you.

4. Privacy and Data Security

CDI will implement and maintain reasonable administrative, physical, and technical safeguards designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any Account Information, and other sensitive data or information you provide us. Such safeguards will include, without limitation and at a minimum, an information security program that meets the standards of California Civil Code §1798, et seq., and related statutes and regulations, to safeguard your Account Information and other sensitive data and information you provide us. CDI will promptly notify affected individuals following discovery of a breach incident or the compromise of the security, confidentiality, or integrity of any of the data and information you provide us, including Account Information. CDI will comply with all notification obligations, including as to the cost, timing, and content of providing notice to any affected individual, as may be required by relevant state and federal law.

5. Confidential Communications

All information provided to CDI while utilizing the CRC Service, including any and all supporting documents, will be used for the sole purpose of evaluating the insurance company or production agency’s compliance with statutory and regulatory requirements under California law. All information provided to CDI will be treated as a confidential communication under Insurance Code §12919 and will not be disclosed to any person outside CDI, unless otherwise permitted or required by law

6. Governing Law

You agree that this Agreement shall be governed by the laws of the State of California.

7. General

A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with CDI in connection with the Service, shall constitute the entire agreement between you and CDI concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

C. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure by CDI to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

D. Contact

Please contact us at ccs@insurance.ca.gov with any questions regarding this Agreement.