UCPM

UCPM Inc, (referred to hereinafter as “UCPM”) provides insurance automation services (referred to hereinafter as the “Service”). The Service is provided to you under the terms and conditions set forth in the following Terms of Service. The Terms of Service may be updated by UPCM from time to time without notice to you other than the current version of the Terms of Service which can be viewed at any time at the Login window by clicking on the “View Terms of Service” link. By logging on and using the service, you agree to be bound by the terms of service then in force. 

The Service provides users with automation of insurance processes for a variety of insurance programs. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service.

The Service must be accessed through the World Wide Web. You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

UPCM makes reasonable effort to convey useful information to users, via e-mail, regarding the content, function and application of the Service. 

The Service relies on software that contains proprietary and confidential information that is protected by applicable intellectual property and other laws. UPCM grants you a personal, non-transferable, non-exclusive right and license to use the object code of the software, provided that you do not (and do not allow a third party to) copy, modify, reverse engineer, create a derivative work of, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

You acknowledge that any software available to you in the Service may contain technology that is subject to strict export control laws and regulations of the United States of America. UPCM does not authorize the exportation of any software or technical data from this Service to any jurisdiction prohibited by the export control laws and regulations of the United States. You agree to not transfer or export such software from the United States to any foreign entity or person in violation of the export laws and regulations of the United States.

All trademarks, service marks, logos, trade names, and icons are proprietary to UPCM or its affiliates. Nothing contained in the Service should be construed as granting any license or right to use any trademark displayed in the Service without the written permission of the owner of such trademark.

You agree to provide current, complete, and accurate information in obtaining a user account, and to keep such information current and updated. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password or account. You agree to only use the Service for appropriate business purposes, to exit from your account at the end of each session, and to immediately notify UPCM of any unauthorized use of your account or any other breach of security known to you. You also agree to notify UPCM when you leave your present employer, and not to use the Service until you obtain a new user account and password with your subsequent employer.

UPCM is committed to protecting the privacy and confidentiality of your registration data and other information about you. UPCM makes reasonable efforts to protect the privacy of information that you submit in use of the Service and will not intentionally disclose, publish, transmit, broadcast, or post information other than the purposes for which the Service is intended. You understand that UPCM is not responsible for the security or privacy of data where the Service is being accessed via wireless devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

No materials from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as expressly permitted in the Service. You may download materials from the Service for your use provided that you retain all copyright and proprietary notices included on the materials. You may not modify, transmit, distribute, reuse, repost, or use the materials of the Service for other commercial or public purposes without written permission. UPCM does not warrant that your use of materials in the Service will not infringe the rights of third parties. You acknowledge that UPCM may establish general practices and limits concerning use of the Service. You agree that UPCM has no responsibility or liability for the deletion or failure to store any information or other content maintained or transmitted by the Service. You further acknowledge that UPCM reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

UPCM reserves the right at any time to modify or discontinue, either temporarily or permanently, any part of the Service, with or without notice. You agree that UPCM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that UPCM, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, if UPCM believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. UPCM may, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms of Service may be effected without prior notice. Further, you agree that UPCM shall not be liable to you or any third party in any manner for termination of your access to the Service.

When any personnel or representative of your company with access to a login is terminated, your company SHALL IMMEDIATELY reassign all work in progress to an authorized user and SHALL IMMEDIATELY terminate the prior user’s login to the UCPM service.

Your correspondence or business dealings with other companies found on or through the Service, including premium payment and related coverage, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other company. You must complete and sign a producer agreement to be able to place bind orders. You agree that UPCM shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other companies on the Service.

The Service may provide links to World Wide Web sites maintained by third parties. You acknowledge and agree that UPCM is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, products, or other materials on or available from such sites or resources. You further acknowledge and agree that UPCM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site.

You agree to indemnify and hold UPCM, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

You expressly acknowledge and agree that use of the Service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent allowed by law, UPCM expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement. The Service may contain bugs, errors, problems or other limitations. UPCM assumes no liability or responsibility for any errors or omissions in content.

UPCM is not responsible for the content of any insurance activity conducted using the Service. UPCM does not warrant or make any representations regarding the reliability or accuracy of any insurance information supplied to or from the insurance companies. UPCM is not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on any information in the Service. It is solely your responsibility to evaluate the accuracy, reliability, and completeness of any insurance information received while using the Service.

UPCM does not enter or verify the accuracy of agent or agency licensing information. UPCM makes no warranty that the service or any participants in the service are in compliance with all applicable laws and regulations.

UPCM makes no warranty that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, virus-free, error-free, accurate or reliable, nor does UPCM make any warranty as to any information that may be obtained through the Service or that defects in the Service will be corrected.

You understand and agree that any information downloaded or otherwise obtained through use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such information.

UPCM makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through or based upon the Service. No advice or information, whether oral or written, obtained by you from or through the Service shall create any warranty not expressly made herein.

While UPCM makes reasonable efforts to include accurate and up to date information in the Service, errors or omissions sometimes occur. UPCM makes no warranties or representations as to the accuracy of the Service. Under no circumstances, including, but not limited to, negligence, shall UPCM or any party involved in creating, producing, or delivering the Service be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials in this Service, even if UPCM or an UPCM authorized representative has been advised of the possibility of such damages.

UPCM shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property as a result of your use of, or downloading of any materials from, the Service. Under no circumstances shall UPCM’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Service.

Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you.

The Terms of Service and the relationship between you and UPCM shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and UPCM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona.

UPCM makes no representation that contents of the Service are available or appropriate for use in any location. You are responsible for compliance with local laws. Information in the Service is not an offer to sell or a solicitation to buy any insurance or security product. No insurance or security product is offered or will be sold in any jurisdiction in which it would be unlawful under the insurance, securities or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.

The Terms of Service constitute the entire agreement between you and UPCM and govern your use of the Service, superceding any prior agreements between you and UPCM. You also may be subject to additional terms and conditions that apply when you use affiliate services, third-party content or third-party software. The failure of UPCM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.