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API License

By using any application programming interface or related keys, tools, or documentation (collectively, the “API”) made available through the CATcoverage.com website, you agree to be bound by this License, including all terms and conditions. References to “us,” “we,” or “our” mean Poulton Associates, LLC.

 

The API is intended to allow you to access insurance policy quoting portals or risk profiling mechanisms.

 

Use of the API is also subject to the Producer Agreement, our Privacy Policy, and the website Terms of Use, as applicable.

 

Subject to this License, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license for the sole purpose of your internal business use to make calls to the API to offer insurance policy quotes to your customers or identify risk attributes associated with your customers’ properties.

 

We, and our providers and licensors, own and retain all rights, title, and interest in and to the API and all related intellectual property, data, software, and services.

 

You are prohibited from, directly or indirectly:

  1. Distributing or allowing access to or use of the API to any other person or entity, except your organization’s direct employees who have specific responsibilities in connection with the purpose of this License;

  2. Using the API to compete against us or allow anyone else to do so;

  3. Using the API to violate any law, rule, regulation, or any rights of another person or entity;

  4. Using the API in any manner that would violate this License or in any other unauthorized or improper manner;

  5. Removing or modifying any copyright, trademark, ownership, or other legal notice;

  6. Selling, sharing, transferring, licensing, or failing to protect the confidentiality of any data, output, or other content created through the API;

  7. Charging any fee for calling, displaying, identifying, or otherwise in connection with any data, output, or other content created through the API;

  8. Exceeding any call, request, usage, timing, or data limitation imposed by us in our sole discretion;

  9. Interfering with the API, our servers, or our networks, or transmitting any virus, malware, or other destructive or non-legitimate software therein;

  10. Copying, reverse-engineering, disassembling, decompiling, downloading, modifying, adapting, or otherwise misusing or altering the API or resulting data, output, or other content created through the API;

  11. Copying or using any trademark, service mark, trade name, logo, or other identifier owned by or licensed to us; or

  12. Transferring, assigning, or sublicensing this License in any manner.

 

You represent and warrant that your use of the API will not violate any of the prohibited actions or other restrictions contained in this License.

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You represent and warrant compliance with this License and assume all responsibility and liability for all use of the API by you and all users you allow to access or use the API.

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You agree to comply with all technical documentation, guidelines, rules, usage restrictions, volume limits, and other documents or instructions we adopt, including as later adopted or modified. This License controls in the case of a conflict between other documents or instructions and this License.

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We own all results and proceeds of your use of the API, including all potential intellectual property created during or in connection with any violation of this License for which you are responsible or feedback which you provide.

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We have no obligation to provide any support or corrective services in connection with the API.  Any such services we do provide are done so in our sole discretion and without creating obligations for future services.

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The API and any related information learned from us, or our providers or licensors, in connection with its use is our confidential information. You agree to hold the confidential information in strict confidence and to take all reasonable actions to protect it against disclosure.

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We have no liability or responsibility in connection with your use of the API or your services or products. You shall indemnify us, defend us, and hold us harmless from all claims, liabilities, damages, losses, costs, fees, attorneys’ fees, and any other amounts arising in connection with your use of the API or your services or products.

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THE API IS PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES IN AND TO THE API AND ANY RELATED SERVICE, PRODUCT, DATA, OUTPUT, AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AGAINST TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

WE, AND ALL OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PROVIDERS, LICENSORS AND OTHER ASSOCIATED PERSONS AND ENTITIES, WILL NOT BE LIABLE OR RESPONSIBLE IN CONNECTION WITH THE API OR THIS LICENSE TO ANY EXTENT UNDER ANY THEORY OF NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT, MISCONDUCT, OR OTHER THEORY, INCLUDING WITHOUT LIMITATION FOR: (A) ANY LOSS OR INACCURACY OF DATA OR COST TO PROCURE OTHER SERVICES OR PRODUCTS; (B) ANY BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUES, BUSINESS, OR GOODWILL; (C) ANY LOSS, FINE, CLAIM, OR OTHER LIABILITY ARISING OUT OF ANY ASSERTION OF BREACH OF FIDUCIARY DUTY, DUE DILIGENCE OBLIGATION, PROFESSIONAL DUTY OR RESPONSIBILITY, OR OTHER ERRORS OR OMISSIONS; OR (D) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES.

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We may terminate this License at any time. Upon termination, you shall immediately cease use of the API and destroy all copies of the API and any other confidential information of ours. All disclaimers, limitations of liability, indemnifications, confidentiality obligations, and other terms and conditions which by their nature imply surviving or indefinite effect shall survive termination of this License.

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We may transfer or assign this License freely in our sole discretion and without notice.

This License is governed by the laws of the State of Utah without regard to conflict of laws principles. Any dispute shall be brought exclusively in the courts located in Salt Lake City, Utah. You agree to submit to the exclusive personal jurisdiction and venue of such courts.

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No waiver of a provision in this License will constitute a waiver of any other provision. If any provision is held unenforceable by a court of competent jurisdiction, such provision will be restricted or eliminated to the minimum extent necessary to preserve the full effectiveness and enforceability of the remainder of this License.

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No modification or amendment of this License is effective unless agreed by us in writing. We may modify or amend this License at any time and such version will be effective at the time we publish it on our website.

Referral Addendum to API License

If you use the API features to refer your sub-producers to quote business through CATcoverage.com, this Referral Addendum applies. By using the API to make referrals, you agree to be bound by this Referral Addendum.

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This Referral Addendum is part of and incorporated into the API License which governs your use of the API available through the CATcoverage.com website. Except as expressly amended by this Referral Addendum, the API License and Producer Agreement remain in full force and effect without modification. Defined terms in the API License have the same meaning herein.

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You represent that you operate a secure online insurance quoting system (“Your Quoting System”) that uses API functionalities to: intake insurance applications submitted by your appointed sub-producers; retrieve quotes from various insurance markets; display the quotes to your sub-producers; and allow your sub-producers to select a quote and proceed to the applicable market’s website for binding.

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Subject to this Referral Addendum, the API License, the Producer Agreement, and other terms and conditions we impose, you may use our approved API to retrieve and display quotes from the insurance markets available through CATcoverage.com via Your Quoting System.

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We reserve the right to modify or terminate your, and your sub-producers’, access to and use of our API at any time and for any reason.

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Subject to this Referral Addendum, policies bound through our insurance markets via Your Quoting System are eligible for the then-available referral commission we offer on the applicable line of business.

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You acknowledge that access to our insurance markets, payment of referral commissions, and the rates of such commissions, are not guaranteed. API access and referral commissions are subject to change or termination at any time in our discretion.

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You agree to provide us documentation of your methods and practices for displaying our insurance quotes, and related data and other information, to your sub-producers and customers in comparison with other product offerings. Without limitation, such documentation must detail how you develop and display a list, menu, or other comparative presentation of quotes, whether according to pricing, coverages, or other factors. We may object at any time to your methods and practices. If we object, you agree not to display any of our insurance quotes, or related data or other information, in such a presentation of quotes unless you amend the methods and practices to our satisfaction.

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You agree to inform us in complete and accurate detail about:

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  • the identity of all other insurance markets you access and enable your sub-producers to access which may in any way be similar to or compete with lines of business available in our markets;

  • amounts and rates of commissions, referral fees, or other compensation, whether direct or indirect, that you and your sub-producers receive from such other markets;

  • your methods and practices for displaying insurance quotes from such other markets to your sub-producers and customers, including in comparison to our markets; and

  • all other information we request regarding your operations and relationships with such other markets.

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You agree that we may object at any time to your access to other insurance markets, including by objecting to any one or more methods, practices, or financial arrangements in connection with such markets. If we object, we may terminate, limit, or modify your access to our API or the commissions described in this Referral Addendum. Without limitation, we may alter or eliminate any referral commissions payable to you, restrict quoting capabilities for you and your sub-producers, or terminate all API access for you and your sub-producers.

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All quotes, rates, offers, policies, applications, files, addresses, and other data and information you receive through us may not be transmitted, delivered, shared, sold, marketed, or used in any manner other than displayed to the applicable bona fide customer and sub-producer for purposes of selling or servicing a policy through our insurance markets. To avoid doubt, you are prohibited from sharing with any third party (other than the applicable bona fide customer and sub-producer), whether for direct or indirect remuneration, or no remuneration, any quote, data, or information associated with our insurance markets. This paragraph survives any termination of this Referral Addendum.

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We may modify or amend this Referral Addendum at any time and such version will be effective at the time we publish it on our website.

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