THIS IS A LEGAL AGREEMENT BETWEEN YOU
("USER") AND NATIONAL INSURANCE PRODUCER REGISTRY ("NIPR"). BY CLICKING ON THE
AGREE BUTTON OR USING THE SERVICES PROVIDED HEREIN, USER IS CONSENTING TO BE
BOUND BY AND IS BECOMING A PARTY TO ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
- Description of Services
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
- Non-Resident Licensing ("NRL") Services: allows USER to electronically
complete and submit the Uniform Application for a Non-Resident License
("Uniform Application") for purposes of filing a non-resident license
application and non-resident license renewal with state insurance
- NIPR's Producer Access Services: allows USER to electronically complete
and submit license applications, renewals and notification forms ("Producer/Adjuster
Applications") to NIPR for transmittal to state insurance departments and
allows USER to obtain certain information about USER contained in NIPR's
Producer Database ("PDB").
- Resident Licensing ("RL") Services: allows USER to electronically
complete and submit the Uniform Application for a Resident License ("Uniform
Application") for purposes of filing an original resident license or a
resident renewal, if applicable, with state insurance departments.
- Address Change Request ("ACR") Services: allows USER to electronically
complete and submit address change requests to the appropriate state
- Attachments Warehouse ("Attachments") Services: allows USER to
electronically submit additional information or documents for review by
the appropriate state insurance departments, e.g., background questions
on a licensing or renewal application or administrative or criminal
actions pursuant to the Producer Licensing Model Act (PLMA) Section 17
or other similar statutory language.
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.
- USER's Obligations
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's Indemnification
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.
- NIPR's Use of Information
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 required by law, court order or 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.
- DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY AND
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
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
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.
- Relationship to State Insurance Departments
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
- Denial of Future Service
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.
- Controlling Law
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.
- Jurisdiction and Venue
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
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.
- Entire Agreement
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.