USE OF WEB SITE:
The web site, including any software and accompanying documentation and other Materials available on this web site or relating to this web site or software (collectively, the “Software”), are the copyrighted works of Insight Catastrophe Group, LLC (ICG) and may be protected by other laws.
Use of the Software by a Licensed User is governed by the Terms and Conditions set forth herein (the “Terms and Conditions”), together with any Blanket License Agreement, cxRisk Online Subscription Agreement, CatRisk Score Subscription Agreement, and End User License Agreement entered into by the entity designating the Licensed User (collectively, the “Agreements”). Licensed User is not permitted to use any Software unless Licensed User agrees to be bound by the Terms and Conditions set forth herein, as well as the Agreements. If there is a conflict between the Terms and Conditions set forth herein and the Agreements, the terms of the Agreements shall control. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE AGREEMENTS. OTHERWISE, THE SOFTWARE IS PROVIDED "AS IS".
WARRANTIES AND DISCLAIMERS:
THE SOFTWARE, DOCUMENTS, GRAPHICS AND OTHER INFORMATION PUBLISHED ON THIS WEB SITE COULD INCLUDE ERRORS, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ICG AND ITS SUPPLIERS MAY MAKE CHANGES PERIODICALLY TO THIS SOFTWARE AND INFORMATION WHETHER DIRECTLY OR THROUGH THIS WEB SITE AT ANY TIME. ICG DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR MATERIAL CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR OPERATE ERROR FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE AND ITS SERVER ARE FREE FROM COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR PRODUCTS. ICG AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE DOCUMENTS, GRAPHICS, AND OTHER INFORMATION PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE OR REPRESENT OR GUARANTEE THE RESULT OF USING THIS WEB SITE. ALL SUCH INFORMATION IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. ICG AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CONSEQUENTLY, THE LICENSED USER MAY USE THIS WEB SITE AT THE LICENSED USER’S OWN RISK.
IN NO EVENT SHALL ICG OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE , OTHER TORTIOUS ACTION OR ANY OTHER ACTION OR CLAIM WHETHER OR NOT SUCH CLAIMS ARISE OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, SOFTWARE OR OTHER PRODUCTS OR SERVICES AVAILABLE FROM THIS WEB SITE, WHETHER OR NOT ICG IS AWARE OR MADE AWARE OF SUCH VIOLATION. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE CUSTOMER, LICENSED USER AND ICG, AND THE INFORMATION AND SERVICES PROVIDED FROM THIS WEB SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE LAWS MAY SUPERSEDE THESE LIMITATIONS.
Licensed User agrees to defend, indemnify, and hold harmless ICG, ICG’s Affiliates, and ICG and ICG’s Affiliates’ officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from Licensed User’s improper use of the web site, Software, Materials, Documents, or any other breach by Licensed User of the terms of this Agreement. ICG agrees to defend, indemnify, and hold harmless Licensed User, Customer, and Customer’s Affiliates, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from ICG’s breach of the terms of this Agreement.
LINKS TO THIRD PARTY SITES:
If Licensed User decides to access or use any of the third party web sites linked to this web site, Licensed User does so this entirely at Licensed User’s own risk. The linked sites are not under the control of ICG and ICG is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ICG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ICG of the site.
ICG and the names of any ICG services or products displayed on this web site are registered trademarks or ICG currently has common law rights to such trademarks. The names of other products and companies mentioned herein are the property of their respective owners and may also be trademarks. The Licensed User agrees not to use ICG ’s trademarks or any of the Affiliated trademarks: (1) in, as, or as part of, Licensed User’s own trademarks or those of any third parties; (2) to identify products or services that are not those of ICG and the web site; (3) in a manner likely to cause confusion; or (4) in a manner that implies inaccurately that ICG or the web site sponsors, endorses, or is otherwise connected with, Licensed User’s own activities, products and services or those of third parties.
E-MAIL AND OTHER COMMUNICATIONS:
Licensed Users must not, nor assist any other individual or entity, to post or transmit to or from this site any solicitations or advertisements, chain letters or pyramid schemes, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law, including but not limited to copyright, trademark, patent, trade dress, and the like.
ICG shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the web site, including but not limited to the Software, Materials, features, or hours of availability. ICG may also impose limits on certain features and services or restrict access to parts or all of the web site without notice or liability. Additionally, ICG shall have the right, in its sole discretion, to terminate Licensed User’s access to any or all portions of the web site at any time, without notice.
In the event that Licensed User violates any provision of these Terms and Conditions or the Agreements, Licensed User’s permission to use the Materials automatically terminates and Licensed User must immediately destroy any and all copies that Licensed User has made of the Materials.
Pursuant to 17 U.S.C. §512(c), notice is hereby given that the person identified below is the Designated Agent for receiving complaints concerning this web site, including for purposes of receiving notification of any claims of intellectual property infringement:
Name: General Counsel, Insight Catastrophe Group, LLC
101 Hudson Street, Suite 2700
Jersey City, NJ 07302
A waiver by either party of a breach of any term or condition of these Terms and Conditions or any of the Agreements shall not constitute a waiver of any further breach of a term or condition of these Terms and Conditions or Agreements and no waiver shall be effective unless in writing signed by the party. These Terms and Conditions, together with the Agreements, contain the entire agreement and supersedes all prior agreements and negotiations that relate to the subject matter set forth herein and in the Agreements, whether oral or written, between the parties, except as expressly provided herein or in the Agreements referenced herein. Licensed User acknowledges that no promise, representation, warranty, or covenant not included herein or in the Agreements has been or is relied upon. Licensed User has relied upon Licensed User’s own examination of the Terms and Conditions and Agreements and the provisions thereof, and the warranties, representations, and covenants expressly contained herein and in the Agreements. These Terms and Conditions shall be construed in accordance with and its performance shall be governed by the laws of the State of New York, notwithstanding the choice of law rules of such State. The State and Federal courts of New York shall have exclusive jurisdiction to determine all claims, disputes, actions, or suits that may arise hereunder and the parties expressly consent to such exclusive jurisdiction and venue before the proper authority in New York. If any one or more provisions of these Terms and Conditions or the Agreements shall be found to be illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Words in the singular shall include the plural and words in the plural shall include the singular. Words in any gender shall include the other gender. The paragraph headings used herein are for the convenience of the parties and shall not be deemed to modify or construe the provisions hereof. These Terms and Conditions shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the parties. Further, if either party defaults in the performance of its obligations under these Terms and Conditions then the defaulting party agrees to pay reasonable costs and attorneys’ fees to enforce these Terms and Conditions.
Privacy Statement Effective as of August 31, 2010
Insight Catastrophe Group, LLC (“ICG” or the “Company”) is committed to protecting the privacy of your customers’ information. This Privacy Statement describes our information practices.
1. Web Sites Covered
This Privacy Statement covers the information practices of Web sites that link to this Privacy Statement: http://www.icg360.com, https://cxrisk.ics360.com, and https://catriskscore.icg360.com; (collectively referred to as “ICG’s Web sites” or “the Company’s Web sites”). The ics360.com and icg360.com web sites (collectively “Informational Sites”) provide information about ICG’s services and related information about ICG’s affiliated companies. These affiliated companies are wholly owned, along with ICG, by Insight Catastrophe Group, LLC, which is a Delaware domiciled holding company. The cxrisk.ics360.com and catriskscore.icg360.com web sites (“Subscription Sites”), which provide access to ICG’s cxRisk and CatRisk Score Online platforms respectively, are subscription sites requiring a subscription agreement for Decision Support Services or Insight Analytics Cloud. Company’s Web sites may contain links to other Web sites. Company is not responsible for the information practices or the content of other Web sites. The Company encourages you to review the privacy statements of these other Web sites to understand their information practices.
2. Personal Information Collected
The Company offers a variety of services that are collectively referred to as the “Service.” Company collects information from potential clients who voluntarily email the Company with contact details such as name, company, phone number and email address (“Voluntary Contact Information”) at the address(es) provided on the “Contact Us” section of the Informational Sites.
When a client organization (client’s management, officers, employees and other authorized personnel, collectively “Client”) enters into a subscription agreement to purchase subscription services including access to the Subscription Site, the Company collects various Client related information (“Client Data”) such as Client side contact names, physical address(es), billing and mailing address(es), telephone numbers, FEIN, and other similar information required by Company to commence subscription services to the Subscription Site as part of the standard subscription agreement. In addition, Company collects information about Client’s customers (name, address, and other like information, collectively referred to as “Customer Data”) when Clients provide such Customer Data via the Subscription Site to utilize the online analytical Service and via email, file sharing or other like methods to utilize the offline analytical Service.
The Company may also solicit applicants for open positions and inquiries for positions via the “Careers” section of the Informational Sites. The Company will collect resumes and contact information from applicants (“Applicant Information”) who voluntarily choose to provide Company with such information.
3. Use of Information Collected
The Company uses Voluntary Contact Information to contact the corresponding individuals/companies and respond to their inquiries. For Business Development/Sales inquiries, Voluntary Contact Information may also be shared with our affiliated companies, owned by the Insight Catastrophe Group holding company, for marketing of complementary services. For Press inquiries, the Voluntary Contact Information will be shared with our Public Relations consultant for response.
The Company uses Client Information to contact Clients in relation to the Service for which the Client has subscribed and/or otherwise engaged Company to perform. Such activities include billing/invoicing, Service related communications, software/technology updates and day-to-day Client contact. In addition, Company may send marketing materials to introduce new services, provide Company updates and inform Clients about interesting new developments in the insurance industry.
The Company uses Customer Data to perform the Service requested by the Client. The Customer Data may also be shared with third party information providers where such information is required to perform the Service. The Company uses Applicant Information to contact interested job applicants applying to open positions or expressing interest in opportunities. Applicant Information may be shared with third party recruiters if Company has engaged a recruiter to assist in identifying and vetting applicants.
4. Web Site Navigational Information
When Users visit Company’s Web sites, the Company collects the Users’ Internet Protocol (“IP”) addresses to track and aggregate non-personally identifiable information. For example, the Company uses IP addresses to monitor the regions from which Users navigate the Company’s Web sites.
5. Sharing of Information Collected
Unless otherwise disclosed in the preceding sections, the Company does not share Voluntary Contact Information, Client Data, Customer Data and Applicant Information with any third parties. However, if Company is required to disclose private information by the direction of a Court Order or Warrant, the Company shall comply in accordance with all Federal, State and Local laws.
6. Correcting and Updating Your Information
For Clients subscribing to the Subscription Site, please contact your Account Manager to update your information.
7. Customer Data
Clients utilizing the Subscription Site will have access only to their Customer Data.
The Company uses robust security measures to protect Customer Data from unauthorized access, maintain data accuracy, and help ensure the appropriate use of Customer Data. When the Service is accessed using Internet Explorer version 6.0 or later, Firefox version 2.0 or later, or Safari version 3.0 or later, Secure Socket Layer (“SSL”) technology protects Customer Data using both server authentication and data encryption. These technologies help ensure that Customer Data is safe, secure, and only available to the Customer to whom the information belongs and those to whom the Customer has granted access. The Company also implements an advanced security method based on dynamic data and encoded session identifications, and the Company hosts its Web sites in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders. The Company also offers enhanced security features within the Service that permit Clients to configure security settings to the level they deem necessary.
Because the Company uses the Service to maintain Client Data, this information is secured in the same manner as described above for Customer Data.
9. Changes to this Privacy Statement
The Company reserves the right to change this Privacy Statement. Company will provide notification of the material changes to this Privacy Statement through the Company’s Web sites.
10. Contacting Us
Questions regarding this Privacy Statement or the information practices of the Company’s Web sites should be directed to ICG by mailing:
General Counsel Insight Catastrophe Group, LLC
101 Hudson Street, Suite 2700
Jersey City, NJ 07302
ICG utilizes some of the most advanced technology for Internet security available today. When a Client accesses our Subscription Site using industry standard Secure Socket Layer (SSL) technology, their information is protected using both server authentication and data encryption, ensuring that the data is safe, secure, and available only to authorized Users for the Client in the client organization.
The Company provides each authorized Client User with a unique user name and password that must be entered each time the User logs on. In addition, the Company is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders.