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Applied Epic Quotes Terms of Use

THE FOLLOWING ADDITIONAL TERMS APPLY TO YOUR USE OF APPLIED EPIC QUOTES AND/OR ANY RATE/QUOTE/BUY FUNCTIONALITY (“QUOTING SOFTWARE”) OTHERWISE OFFERED BY APPLIED SYSTEMS, INC. (“APPLIED”). THESE PRODUCT SPECIFIC TERMS ARE INCORPORATED INTO THE MASTER AGREEMENT UNDER WHICH APPLIED HAS AGREED TO PROVIDE SOFTWARE AND PROFESSIONAL SERVICES TO LICENSEE (THE “AGREEMENT”). THE TERMS AND CONDITIONS OF THIS AGREEMENT CONTROL TO THE EXTENT THEY DIRECTLY CONFLICT WITH ANY TERMS OR CONDITIONS CONTAINED IN THE AGREEMENT.

  1. SERVICE FEES

    Access and use of the Quoting Software is limited to the number of users for which Licensee has paid the applicable fees. Quoting Software incorporates additional optional services, which may charge additional user, location, transactional, or other costs or fees (“Additional Paid Services”). Licensee’s designated account administrator will have the ability and the responsibility for managing enrollment in and licensing of any Additional Paid Services (including but not limited to adding and removing users, locations, or ancillary services).  Additional charges resulting from any Additional Paid Services or changes made by Licensee’s account administrator will appear on the monthly invoice.

  2. THIRD PARTY COMPONENTS

    Some aspects of the Quoting Software are based on user input, third-party systems, software, services, or programs installed, used in conjunction with, or available as a part of Quoting Software and may be subject to independent license agreements. Information or data received from these entities may be inaccurate or incomplete and Applied does not monitor nor guarantee the accuracy or completeness of these aspects of the Quoting Software. Except as set forth herein, Applied makes no other representations or warranties with respect to any third-party system, software, service, or program. Licensee agrees to indemnify, defend, and hold harmless Applied and Applied’s affiliates from and against any and all claims, losses, damages, liabilities, costs, expenses or demands, including reasonable attorneys' fees, that arise out of or are related to a third party claim against Applied relating to your access to or use of Quoting Software in violation of law, this Agreement, or such third-party’s rights.

    For Personal Lines Quoting Software, the installer contains the third-party software "Mozilla Firefox" subject to the Mozilla Public License and may contain other software subject to other licensing terms. Quoting Software may contain an interface to Google Maps and the use of Google Maps™ mapping service is subject to Google’s terms and conditions available at https://maps.google.com/help/terms_maps.html. To provide the Google Maps™ mapping service, Google receives and collects data, including search terms, IP addresses, and latitude and longitude coordinates, subject to Google Privacy Policy available at https://www.google.com/policies/privacy/ to which Licensee consents through use of the Google service. Licensee’s use of such third-party systems, software, services, or programs is subject to the terms, conditions, and warranties (if any) that are made solely by the applicable third-party provider or licensor.

  3. DATA PREFILL SERVICE – PERSONAL LINES

    The Data Prefill service portion of the Personal Lines Quoting Software (“Data Prefill”) and any information or data provided by or through Data Prefill (“Data Prefill Data”) is provided by third parties and is subject to these terms and conditions. Data Prefill is an Additional Paid Service.

    1. Optional. Licensee’s use of Data Prefill is optional and there is no obligation on Licensee’s part to access or use it. Licensee may opt out of receiving Data Prefill (including any complimentary or paid Data Prefill lookups).
    2. Limited Use. Licensee may only access and use Data Prefill for the sole purpose of obtaining insurance rates or quotes for an insurance applicant pursuant to the applicant’s express request to Licensee for such insurance rates or quotes. Licensee must instruct all users that access or use Data Prefill that no further disclosure of the Data Prefill Data may be made to any person, except the insurance applicant to which the Data Prefill Data pertains, and that Data Prefill may be used only for the purpose of obtaining insurance rates or quotes. Licensee shall train all users that access or use Data Prefill on Licensee’s obligations regarding Data Prefill, including but not limited to the requirements and restrictions herein. All of the restrictions and obligations hereunder shall also fully apply to any and all such users, and to the extent any such user breaches an obligation hereunder, said breach shall be deemed a breach by Licensee of this Agreement.
    3. Permissions. Licensee must, at all times, be properly credentialed with Applied’s third-party provider of Data Prefill (including possessing a valid customer or agent-specific account identification number from such third-party provider), as well as remain in compliance with any agreement Licensee may have with such third-party provider and/or any other instructions or requirements arising from such third-party provider (whether imposed on Licensee directly by such third-party provider or indirectly by Applied in connection with its obligations to such third-party provider).
    4. Verification. Licensee must independently verify any and all Data Prefill Data directly with the insurance applicant prior to storing, copying, transmitting, or otherwise using the Data Prefill Data in any manner whatsoever.
    5. Restrictions. Licensee shall not resell, sublicense, or otherwise redistribute or provide access to Data Prefill to any third party. Licensee shall not use Data Prefill: (i) for marketing purposes; (ii) to provide any data processing services to third parties; (iii) to evaluate data for third parties (except as set forth in Section B herein); (iv) to compare Data Prefill against a third-party data processing service; (v) to create a competing product; (vi) for personal (non-business) purposes; or (vii) for employment purposes (including but not limited to hiring, termination, and promotion decisions). Licensee shall not access or use Data Prefill from outside the United States. Licensee’s use of Data Prefill will not knowingly violate any agreements to which Licensee is bound. Licensee shall comply with all applicable laws, regulations and rules which govern Licensee’s use of Data Prefill.
    6. Unauthorized Access. In the event Licensee learns or has reason to believe that Data Prefill has been accessed, disclosed, or used in an unauthorized manner or by an unauthorized person, Licensee must provide immediate written notice to Applied of such event and cooperate with and provide all requested assistance to Applied in connection with such event.
    7. Cessation. In the event Applied’s third-party provider of Data Prefill ceases to provide or limits the provision of Data Prefill (or any portion thereof) to Applied due to causes beyond Applied’s reasonable control or due to termination or modification of Applied’s contract with such third-party provider, then Applied may immediately cease or limit delivery to Licensee of Data Prefill (or applicable portion thereof). In this event, Applied shall not be liable in any way with respect to such cessation or limitation, which shall not constitute a breach of this Agreement.
    8. Audit. Applied may, upon reasonable notice, review Licensee’s records, processes and procedures (including, but not limited to security procedures) reasonably related to Licensee’s use of Data Prefill (including Licensee’s use, storage and disposal of Data Prefill Data). Further, certain third-party data providers, such as Departments of Motor Vehicles or its outsourced providers and credit bureaus, require the right to conduct such reviews, either directly or through Applied, and Licensee consents to such third-party reviews as a condition to receiving Data Prefill Data.  Licensee agree to cooperate fully with any and all reviews and provide responses within any designated timeframes. All information reviewed, collected, accessed, or prepared (“Audit Materials”) shall be considered Licensee’s confidential and privileged information. Notwithstanding the foregoing, Licensee agrees that Applied and such third parties have the right to retain copies of all Audit Materials for a period of five (5) years unless longer retention is required by any such third-party requirements or applicable law. This Section 3.8 shall survive termination of this agreement.

  4. DISCLAIMER & LIMITATIONS

    APPLIED QUOTING SOFTWARE AND ALL COMPONENTS THEREOF (INCLUDING ANY INFORMATION OR DATA PROVIDED THEREIN) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. APPLIED EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND NOT STATED HEREIN, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR SYSTEM INTEGRATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPLIED BE LIABLE, DIRECTLY OR INDIRECTLY, FOR LOSS OF ANTICIPATED PROFITS, OR CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES. THE PARTIES AGREE THAT APPLIED’S MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED THE FEES PAID TOWARD THE QUOTING SOFTWARE DURING THE THEN-MOST RECENT TWELVE-MONTH PERIOD PRECEDING THE FIRST EVENT OUT OF WHICH LIABILITY AROSE.