Last Updated: 08/23/2023
MONOLINE may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available or restrict the amount of use permitted at MONOLINE's sole discretion and without prior notice or liability. You agree that MONOLINE may, under certain circumstances, immediately suspend and/or terminate your access to the Website with or without cause. You further agree that such measures shall be taken in MONOLINE's sole discretion and without liability to you or any third party.
2) MONOLINE Intellectual Property
For the submission of applications for insurance on the Website, you may be asked to register an account and you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. You also have the option to register an account through your Google email address or Microsoft email address. To do so, you shall be required to connect the Website with your Google or Microsoft account and grant all necessary permissions for the Website to access data and information available through such accounts. Your Website account is personal to you, and you will not share it or allow any other person to utilize your account in soliciting, quoting or submitting applications for insurance; provided, however that if you are designated as an administrative account, you may invite other persons that are employed by you to create user accounts under your administrative account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account. You agree to immediately notify MONOLINE in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. MONOLINE may refuse to grant a particular username to you for any reason, including, without limitation, in the event MONOLINE determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by MONOLINE or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
We welcome your comments, feedback, information, or materials regarding the Website, Content, or MONOLINE's products or services (collectively, "Feedback"). If you submit Feedback to MONOLINE, please note that your Feedback shall become the property of MONOLINE. By submitting your Feedback to MONOLINE, you agree to assign, and hereby irrevocably assign to MONOLINE, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. MONOLINE shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.
8) Third Party Services
9) Insurance Quotes and Applications
MONOLINE permits Producers to request quotes for insurance, to submit applications for such insurance via the Website and submit payment for such insurance (and "Order"), all as authorized by your Producer Agreement.
MONOLINE may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. The submission of payment in this manner is subject to any additional terms and conditions imposed by such third-party payment processors.
The terms set forth in any quote are subject to change without notice. Errors will be corrected where discovered, and MONOLINE reserves the right to revoke any quote and to correct any errors, inaccuracies or omissions including after a quote has been delivered.
By using any Website to submit insurance applications, you agree and consent to enter into and sign agreements with Monoline electronically, and to receive notices, notifications and communications from Monoline electronically, including, without limitation, pursuant to Monoline’s Electronic Transactions Agreement.
10) User Representations
If you provide any Feedback via the Website, you hereby make the following additional representations and warranties to MONOLINE: (1) you are owner of such Feedback or otherwise have the right to grant MONOLINE the licenses or assignments granted pursuant to this Website Agreement; (2) you have secured any and all consents necessary to post the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties' rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
11) Prohibited Uses
The Content provided via the Website, or any insurance product or service offered via the Website, is provided with the understanding that MONOLINE is not rendering legal, accounting, or other professional advice on specific matters. Accordingly, MONOLINE assumes no liability whatsoever in connection with your request of quotes or submission of applications for insurance. MONOLINE recommends that you consult your legal counsel or other professional advisor with respect to your individual situation.
MONOLINE uses reasonable efforts to maintain the Website, but MONOLINE is not responsible for any defects or failures associated with the Website, any part thereof, any Content posted using the Website, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which MONOLINE may undertake from time to time, or (c) causes beyond the control of MONOLINE or which are not foreseeable by MONOLINE.
13) PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE, ANY CONTENT, AND ANY INSURANCE OFFERED VIA THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, MONOLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, MONOLINE MAKES NO WARRANTY THAT THE WEBSITE, ANY CONTENT, OR ANY INSURANCE PROVIDED VIA THE WEBSITE MEET THE REQUIREMENTS OF LAW, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, INSURANCE, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY QUOTES, CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14) Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MONOLINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MONOLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY CONTENT, OR ANY INSURANCE QUOTED VIA THE WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, SUBMISSIONS, CONTENT OR DATA; OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE, YOUR AGREEMENTS, ANY CONTENT, OR APPLICATION FOR INSURANCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEBSITE AND TERMINATE THIS WEBSITE AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL MONOLINE's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT OF COMPENSATION PAID TO YOU PURSUANT TO THE AGREEMENT IN THE LAST TWELVE (12) MONTH PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In addition to those indemnities that you provide under the Producer Agreement, you agree to defend, indemnify and hold harmless MONOLINE, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Website Agreement, (c) infringement or misappropriation of any intellectual property or other rights of MONOLINE or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Website Agreement, or (f) your request for a quote or submission of an application of insurance.
16) Term and Termination
17) Governing Law and Other Miscellaneous Terms
The parties agree that breach of any provision of the Agreements would cause irreparable harm and significant injury to MONOLINE which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that MONOLINE has the right to enforce any provision of the Agreements by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies MONOLINE may have for your breach of this Website Agreement.
If any action at law or in equity is necessary to enforce any term of the Agreements, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of the Agreements are included for ease of reference only and will be disregarded in interpreting and construing the Agreements.
If the performance of any part of the Agreements by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
The Agreements, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the agreement between the parties with respect to the Website, Content, and products and services offered via the Website, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website, Content, and products and services sold via the Website. If any provision of the Agreements is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce the Agreements. The provisions of the Agreements that by their content are intended to survive the expiration or termination thereof, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of any provision of the Agreements, will survive their expiration or termination for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the Agreements.
MONOLINE makes no representation that the Website, Content or other material or information on the Website is appropriate to or available in locations outside of the United States or any jurisdiction where MONOLINE is not licensed to sell, solicit or negotiate insurance. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.
18) Contact Us