The following Services are provided by NIPR to allow USER to submit information electronically for transmittal to state insurance departments through the NIPR Gateway. USER acknowledges that NIPR may charge a transaction fee for use of the Services. These services are for personal and non-commercial use only unless specifically stated elsewhere in this Agreement:
a. APPLICANT shall be the producer or adjuster.
b. USER shall be the APPLICANT OR officer, director, principal or partner (or member or manager of a limited liability company) of a business entity OR a person with a current valid written authorization from the APPLICANT or business entity which authorizes that person to file or provide information and authorizes that person to authorize NIPR to obtain information from the NIPR's Producer Database.
c. Producer Application Documents shall include any Uniform or Producer Applications, Address Change Requests, Attachments, and/or Notifications and Reporting of Actions.
a. USER shall pay the applicable state insurance department fees, if any, and NIPR transaction fees PRIOR to submission of the Producer Application Documents. USER acknowledges NIPR reserves the right not to process a Producer Application Document until it has received the applicable state insurance department fees, if any, and NIPR transaction fees to process the USER's Producer Application Documents.
b. Upon submitting the Producer Application Documents to NIPR with the applicable fees, USER shall take no action that interferes with NIPR's ability to collect said fees. USER AGREES THAT ALL STATE INSURANCE DEPARTMENT FEES AND NIPR TRANSACTION FEES ARE NONREFUNDABLE AND ARE NOT DEPENDENT ON A STATE INSURANCE DEPARTMENT'S APPROVAL OR DENIAL OF A UNIFORM APPLICATION.
c. USER shall use the Services for personal and non-commercial use only. Except as otherwise specified herein, USER shall not modify, copy, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or otherwise distribute any information, software, products, or services obtained from the Services. USER shall not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of any information or products obtained from the Services.
d. USER shall not use the Services to publish, post, upload, transmit, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information.
USER and/or APPLICANT agree to indemnify, defend and hold harmless NIPR from any third-party claims against NIPR, including claims by persons who USER has filed a Producer Application Document on behalf of, relating to or arising from the information provided by USER while using the Services. This indemnity shall cover all losses, liabilities, costs, expenses and attorney fees resulting from such third-party claims. NIPR shall provide reasonable notice to USER of any such claim.
USER, or USER on behalf of the individual or business entity, authorizes NIPR to obtain information from the Producer Database regarding USER or APPLICANT for purposes of providing the Services. Upon completion and submission of the Producer Application Documents to NIPR, NIPR will perform ministerial functions to verify the completeness of the submitted Producer Application Documents and will transmit this information to the designated state insurance departments. NIPR retains the submitted Producer Application Documents for archival purposes and may share this information with state insurance departments and the National Association of Insurance Commissioners. NIPR will maintain the Producer Application Documents in an electronic warehouse storage facility for access by the state insurance departments. Except as otherwise stated herein, NIPR shall not make the submitted Producer Application Documents available to outside organizations or persons without USER's or APPLICANT's written permission.
Because of the possibility of human and mechanical error as well as other factors, NIPR and its affiliates are not responsible for any errors in or omissions from the information contained in or accessed through the Services. All information is furnished to NIPR by third parties, and the truth, accuracy, currency, and completeness thereof is necessarily dependent thereon. NIPR does not guarantee uninterrupted access to the Services. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NIPR MAKES NO REPRESENTATIONS AND DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO THE USER AND/OR ANY THIRD PARTY, INCLUDING ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
NIPR SHALL NOT BE LIABLE FOR AND USER AND/OR APPLICANT EXPRESSLY WAIVES ANY CLAIM FOR ANY LOSS, COST, OR INJURY, DIRECT OR INDIRECT (INCLUDING, BUT NOT LIMITED TO, LOST SALES, LOST PROFIT, BUSINESS INTERRUPTION, INCIDENTAL, CONSEQUENTIAL OR THIRD PARTY CLAIMS), SUFFERED BY USER AND/OR APPLICANT AS A RESULT OF USE OF OR RELIANCE ON THE SERVICES.
In the event of any dispute between NIPR and USER and/or APPLICANT, it is mutually agreed and understood that USER's sole remedy and NIPR's sole liability to the other party shall be in the form of liquidated damages which shall in no event exceed the actual NIPR transaction fees (excluding state insurance department fees) paid by the USER and/or APPLICANT within the twelve months immediately preceding the dispute or $500 whichever is greater, whether such claim is based on tort, negligence, or other legal or equitable theory.
NIPR retains all rights of title in the Services and in the sources, development and licensing or other disposal of said Services and enhancements and updates thereto, including its presentation format. It is expressly understood that USER does not obtain any rights in the Services furnished by NIPR except as expressly provided in this Agreement. This is not a contract of sale, and USER obtains no rights under Section 109 of the Copyright Act of 1976. It is recognized that the Services and the Producer Database are the exclusive property of NIPR, the Uniform Applications are the exclusive property of the National Association of Insurance Commissioners, and USER agrees to take no action adverse to such rights of NIPR as owner of the Services and the Producer Database and of NAIC as owner of the Uniform Applications and as sole copyright proprietors.
USER and/or APPLICANT acknowledge the NIPR is not an agent of any state insurance department. NIPR is providing an independent service to the USER and/or APPLICANT and state insurance departments by facilitating the electronic filing of applications. USER and/or APPLICANT acknowledges NIPR has no rights or authority to assume or create any obligation or responsibility, express or implied, for or on behalf of or in the name of a state insurance department, or to bind a state insurance department in any way or manner whatsoever.
Both NIPR and USER agree that they will not use the name of the other party in any form or attribution in connection with any solicitation, publicity, advertising, endorsement or other promotion in connection with the terms of this Agreement without the express prior written permission of the other party.
USER agrees NIPR may deny USER access to the Services with regard to future transactions in the event USER breaches the terms of this Use Agreement.
This Use Agreement shall be construed under the laws of the State of Missouri excluding rules regarding conflicts of laws. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
NIPR and USER and/or APPLICANT agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Jackson County, Missouri in all legal proceedings arising under this Agreement.
USER shall not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of USER's and/or APPLICANT's assets to another entity This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
If any term, covenant, condition or provision of this Use Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms, covenants, and provisions shall remain in full force and effect and be in no way affected, impaired, or invalidated.
This Agreement supersedes all other agreements or representations either oral or written between NIPR and USER and/or APPLICANT regarding the Services. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the remaining provisions of this Agreement shall remain in full force and effect. No waiver, alteration or modification of provisions in this Use Agreement shall be binding unless subsequently made in writing and signed by duly authorized representatives of NIPR.