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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 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.

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