PCS-CanadaTM Service Website Conditions of Use

Welcome to the PCS-Canada™ Service website (the “Site”), operated by Insurance Services Office, Inc., and its subsidiaries and affiliates (“ISO”). ISO requires that all visitors to the Site adhere to the following Conditions of Use. Please read the Conditions of Use carefully. By accessing the Site, you indicate that you acknowledge and accept the Conditions of Use. Please click here to review.

Copyright

By visiting the Site, you understand and agree that all copyrights and trademarks will be respected.

All information and content included on the Site, including but not limited to (i) text, graphics, logos, icons, images, audio clips, digital downloads, and product demonstrations; (ii) data and content compilations; and (iii) software, is the property of ISO or its content or software suppliers and is protected by Canadian and international copyright laws. You may not modify, copy, distribute, transmit, display, publish, sell, or license any information from the Site without the express written consent of ISO and any applicable third-party owner or licensor. You may not create derivative works, or use any information, content, or software available on or through the Site for commercial or public purposes without the express written consent of ISO and any applicable third-party owner or licensor. In addition, you may not reproduce, transmit, transcribe, store in a retrieval system, or translate into any human or computer language any part of the material and databases on the Site in any form or by any means whatsoever without the express written consent of ISO. Such consent may be requested by contacting ISO at 545 Washington Boulevard, Jersey City, New Jersey 07310-1686. Attn: Legal Department.

Trade Marks

The trade marks, logos, graphics, and trade dress displayed on the Site are the intellectual property of ISO and other applicable parties that have licensed their property and/or material to ISO. You should assume that any product or service name is a registered trade mark and the intellectual property of ISO or a third party. You are prohibited from using any ISO or third-party trade marks noted on the Site for any purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web, without the express written permission of ISO or such third parties. If ISO grants such written permission, you may not use the trade marks in any manner that (i) is likely to cause confusion among customers or the public, or (ii) disparages or discredits ISO.

Click here for a partial list of ISO trademarks. [link to trademark list on iso.com]

License and Site Use

ISO grants to you, the user, a limited license to access and make personal use of the Site; but you may not download (other than page caching) or modify it, or any portion of it, except with the express written consent of ISO. This license does not include any right to (i) resell or use the Site or its contents for any commercial purposes; (ii) collect and use any product listings, descriptions, or prices found on the Site; (iii) make any derivative use of the Site or its contents; (iv) download or copy account information found on the Site for the benefit of any individual or corporation; or (v) use data mining, robots, or similar data-gathering and extraction tools in connection with the Site or any information found on the Site. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or any portion of the Site for any commercial purpose without the express written consent of ISO. You may not frame or utilize framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of ISO or any third party without the express written consent of the applicable proprietary information owner. You may not use any metatags or any other “hidden text” using ISO’s name (including the PCS-Canada Service) or trade marks without ISO’s express written consent. Any unauthorized use immediately terminates the limited license granted to you by ISO.

ISO grants to commercial web search engines a limited license to index the Site by any manual or automated method and to display the titles of pages and brief excerpts from those pages as search results.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray ISO, the PCS-Canada Service or ISO’s products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the ISO logo, any PCS-Canada Service trade mark or logo or any other proprietary graphic or trade mark of ISO as part of such link without ISO’s express written permission. Nothing in this license shall confer on you or any third party any rights to or under any patent, copyright, or trade mark of ISO or any third party.

Linked Internet Sites

Except as noted above, ISO expressly prohibits unauthorized hypertext links to the Site and the framing of any content available through the Site. ISO reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Site. Access to and use of any other Internet sites linked to the Site is at the user’s own risk.

Although ISO maintains high standards regarding the protection of your privacy and personal data and information, linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmissions of personal data provisions, and other provisions that differ from the provisions provided on the Site. ISO is not responsible for examining or evaluating these provisions and expressly disclaims any and all liability related not only to such provisions, but also to any of the content found on any linked sites. You should carefully review both the privacy statements and the terms or conditions of use applying to any linked site.

Information You Provide

Should anyone visiting the Site respond to ISO by sending information, including data, questions, comments, or suggestions, such response shall be non confidential, and ISO shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute said information to others without limitation. Further, ISO shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

Disclaimer of Warranties and Limitation of Liability

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED, ARE PROVIDED TO YOU BY ISO “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND CONTENT PUBLISHED ON THE SITE OR A LINKED SITE MAY CONTAIN TECHNICAL INACCURACIES OR ERRORS, INCLUDING TYPOGRAPHICAL ERRORS. ISO SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR SUCH ERRORS AND RESERVES THE RIGHT TO MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.

YOU AGREE THAT ISO WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. ISO CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO THE SITE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY.

Indemnity

You agree to defend, indemnify, and hold harmless ISO, together with its respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable legal fees and costs) arising out of your use of the Site; your breach or alleged breach of this Agreement; or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of ISO or third parties.

Changes to Conditions of Use

ISO reserves the right to revise these Conditions of Use at any time. Users are deemed to be apprised of and bound by any changes.

Severability

If any condition is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Violations of Conditions of Use

ISO reserves the right to seek all remedies available at law and in equity for violations of these Conditions of Use, including the right to block access to the Site.

Access to Password-Secure Areas

ISO may restrict certain secure areas of the Site to authorized users and permit access to these secure areas only by the use of a confidential password. Unauthorized individuals attempting to access such areas of the Site are in explicit violation of these Conditions of Use and may be subject to prosecution and applicable damages.

Jurisdictional Issues and Applicable Law

You acknowledge and agree that the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflict of laws principles, will govern these Conditions of Use, your use of the Site, and any dispute of any kind that might arise between you and ISO in connection with the Site. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, and the Federal Court of Canada, as applicable, to determine any and all actions, disputes, or controversies arising out of or in any way connected to the Site and/or these Conditions of Use.