On-Line License Terms and Conditions
Use of ISOnet is subject to the following terms and conditions,
in addition to the terms and conditions of any signed agreement in place between Insurance
Services Office, Inc., its subsidiaries and affiliates ("ISO") and your company
pertaining to use of ISOnet. To the extent any term and/or condition of this
Online License conflicts with any signed ISO license, participation
agreement or master agreement pertaining to the products and services
accessed through ISOnet, the provisions of that signed agreement shall
control. Except as may be permitted under the provisions of a valid ISO Master
Agreement for products accessed through ISOnet, no part of the material and
databases accessed through this ISOnet site may be reproduced, transmitted,
stored in a retrieval system, or translated into any human or computer language,
in any form or by any means whatsoever, without the express written permission
of Insurance Services Office, Inc., 545 Washington Boulevard, Jersey City, NJ
07310-1686. Attn: Legal Dept.
Intellectual Property Rights. By entering the ISOnet site, you
understand, acknowledge and agree that all copyrights and trademarks will be respected.
All information provided through ISOnet is copyrighted by ISO and is proprietary to ISO,
and title thereto remains ISO's, unless it is stated that the material is copyrighted by
or proprietary to a third party. All applicable rights to patents, copyrights, trademarks
and trade secrets and any modifications made, and in the information therein, shall remain ISO's or
the applicable third-party provider. You agree that third-party providers are third-party beneficiaries
of this Agreement and are entitled to enforce their rights hereunder against you.
You and your company represent that you will take all steps necessary to preserve
and protect the interests of ISO and third-party providers and to secure and
protect ISOnet and the information contained therein in a manner consistent with
the preservation of the rights of ISO and any third party, and to take appropriate
action by instruction or agreement with all those permitted access thereto to
satisfy these obligations. Nothing contained herein shall be construed as
conferring upon you or any user any license or right under any patent, copyright
or trademark of ISO or any third party. "ISO" and "ISOnet" are registered trademarks of
Insurance Services Office, Inc. All other product or corporate names are trademarks or registered
trademarks of their respective companies.
- License; Limitations on Use. TThe products and information contained
herein which are licensed to you in this electronic medium, and all associated
user IDs and passwords, are the confidential, proprietary and/or trade secret
information of ISO. You must obtain ISO's prior written consent to use the
information contained in ISOnet for any other purpose and additional
fees may be due to ISO for such use. Neither you nor any other user at your company nor
anyone acting by or through you shall sell, transfer, distribute, publish,
disclose, or display, or otherwise make ISOnet or any of the information
contained in ISOnet available, in whole or in part, to any other person or
entity, other than as required for your internal insurance business needs.
You may not print, reprint, copy, file, use, modify or reproduce the
information contained in ISOnet for any purpose other than outlined in your
company's agreement with ISO. You must include the following statement
on any permissible copies of material made from ISOnet. "Copyright, Insurance Services Office, Inc., (year)."
No Warranties. THE ISO AND THIRD-PARTY PRODUCTS PROVIDED PURSUANT TO
THE ISOnet (SM) SERVICE ARE ADVISORY AND PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF
ANY KIND, INCLUDING ANY WARRANTIES OR REPRESENTATIONS OF ACCURACY OR COMPLETENESS.
ISO MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES, EITHER EXPRESS OR IMPLIED,
OF ANY KIND, WITH RESPECT TO THE PRODUCTS DELIVERED OR THE MEDIUM OF DELIVERY,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF CONDITION, QUALITY, DURABILITY,
SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IN RESPECT
OF ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OF TRADE ISO shall not be liable to you, the user, nor to anyone
else for any loss or damage of any kind, including without limitation, special,
indirect, incidental or consequential damages, with respect to the products
delivered or the medium of distribution, regardless of whether such liability
is based in tort, contract or otherwise.
No Responsibility for Other Websites. The ISOnet site contains
hyperlinks to Web sites and dial-out connectivity to information operated
by parties other than ISO. Such links are provided for your reference and
convenience only. ISO does not control such Web sites or locations, and
is not responsible for their contents. ISO's inclusion of links to such Web
sites or third-party information providers does not imply any endorsement
of the material on such sites or any association with their operators. ISO
assumes no liability as a result of your linking to any Web site from ISOnet
and such linking is at your sole risk.
IDs and Registration. Each individual in your company who uses ISOnet
must have his or her own ID. The ISOnet® Administration Application is
used to manage the registration of ISOnet users and provide access to
individual products available through ISOnet. . In the event that an
individual with an ID is no longer associated with your company, you must
deauthorize that individual using the ISOnet® Administration Application or
advise ISO immediately so the ID assigned to that individual can be
terminated. Your company is responsible for all loss
or damage caused by or resulting from use of the IDs issued using ISOnet® Administration
General. This Agreement shall be construed and enforced in accordance
with the laws of the State of New York. ISO may change this License at
ISO's discretion, and will notify you of such changes.
PRODUCTS AND SERVICES - In addition to the above License Terms and
Conditions, you agree to the following terms with respect to each product
delivered via ISOnet that you have separately licensed from ISO.
- ALERT™ (AIR Loss Estimates in Real Time). This service provides up-to-date
information and loss estimates for major natural catastrophes worldwide. AIR grants
to you, the user, a limited license to access and make personal use of this Site, but you may
not download (other than page caching) or modify it, or any portion of it, except with the
express written consent of AIR. This license does not include any right to (i) resell or use
this Site or its contents for any commercial purposes; (ii) collect and use any product listings,
descriptions, or prices found on this Site; (iii) make any derivative use of this Site or its contents;
(iv) download or copy account information found on this Site for the benefit of any individual or
corporation; or (v) use data mining, robots, or similar data-gathering and extraction tools in connection
with this Site or any information found on this Site. You may not reproduce, duplicate, copy, sell, resell,
visit, or otherwise exploit this Site or any portion of this Site for any commercial purpose without
the express written consent of AIR. You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including images, text, page layout, or form)
of AIR or any third party without the express written consent of the applicable proprietary information
owner. You may not use any metatags or any other "hidden text" using AIR's name or trademarks without
AIR's express written consent. Any unauthorized use immediately terminates the limited license granted
to you by AIR. AIR grants to commercial web search engines a limited license to index this site by any
manual or automated method and to display the titles of pages and brief excerpts from those pages as
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of
this Site so long as the link does not portray AIR or its products or services in a false, misleading,
derogatory, or otherwise offensive manner. You may not use the AIR logo or any other proprietary graphic
or trademark of AIR as part of such link without AIR's express written permission. Nothing in this license
shall confer on you or any third party any rights to or under any patent, copyright, or trademark of AIR or any third party.
- A-Plus™. A-PLUS provides you
with liability, automobile and property loss history
information ("A-PLUS reports") concerning insurance applicants and the property
and/or vehicle to be insured. You are permitted to use A-PLUS reports as an aid
in evaluating the underwriting risks involved in pending insurance applications
or in making decisions concerning the issuance, renewal, cancellation, or
termination of insurance policies. You may not use A-PLUS reports for any other
purpose. You understand and agree that A-PLUS reports are not intended to be
the sole basis for making such insurance underwriting evaluations and decisions,
but to alert you to facts or circumstances which may warrant your further investigation.
You agree not to use A-Plus Reports as the sole basis for making insurance
You may provide copies of A-PLUS reports only to persons authorized by ISO. You agree that
you will use the reports only for a permissible purpose as required by applicable law,
regulation and/or judicial action, including but not limited to (i) the Fair Credit
Reporting Act (15 U.S.C. § 1681 et seq.) and all amendments thereto, (ii) any state
statutes or regulations or an agreement which further restricts use
or dissemination of a Report, or (iii) any other applicable legal limitations on the
use of such information.
- Additional Driver Data. This service will provide electronic access
to additional driver/household member data via Acxiom-RM-T. You acknowledge
that the data shall at all times remain the proprietary and/or copyrighted
property of the Data Owners (a third-party provider who provides the data to
ISO or its licensors) and that you have no proprietary rights in the data.
ISO shall not be responsible for any claim that may arise out of the Data
Owner's information included in this Product.
You agree that you will use the Data only in connection with insurance.
You agree to limit use of the data to the following: (i) discovery of
additional drivers for the underwriting and rating of insurance; or (ii) by
an insurer or an insurance support organization or its agents, contractors or
employees in connection with claims investigations or anti-fraud activities.
If the submitted information is found to be incorrect or no longer correct, the
Data having been verified by the individual may be used for the purposes of
preventing fraud, pursue legal remedies against, or to recover on a debt or
security interest against, the individual. The Data provided by this service
cannot be stored in any other form or used for any other purpose unless express
written permission is received from ISO or its licensors.
Use of any driver's license information is subject to the Driver's Privacy
and Protection Act ("DPPA"). You agree that any use of the driver's license data by you will
be in compliance with the permitted uses set forth therein and all
applicable state and local laws and/or regulations regarding driver's license information.
Such permitted uses include those described in this section.
- Circulars, Forms, Commercial and Personal Line Manual Information.
This service assists you in using ISO's circular, policy form, and Personal and
Commercial Line Manual products. You may use this aid only to the extent and in
the jurisdictions that your company is authorized to access the underlying products.
The circulars, policy forms, Commercial and Personal Line Manual information and
other underlying documents available through ISOnet may not be for use in every
jurisdiction. Please make sure that all filing requirements applicable to the
specific products involved have been complied with in the jurisdiction where you
plan to use the products. Each insurer must determine what filing requirements,
if any, apply and whether the requirements have been satisfied by your company.
Reference should be made to the actual underlying documents - the circulars, forms,
Commercial and Personal Line Manual and other published material - in any situation
where a question arises. In the case of any discrepancy between the information
delivered in this electronic medium and ISO's associated paper products, the ISO
paper products shall govern. If you are an agent, you may use the information
contained in this service solely for your work for or on behalf of ISO participating
- Consumer Credit Reports. This service provides access to consumer credit reporting services.
You acknowledge that these reports shall at all times remain the proprietary
and/or copyrighted property of the organization that provided the Data to ISO
or its licensors, and that you have no proprietary rights in the reports. ISO
shall not be responsible for any claim that may arise out of the third-party
providers' information contained in a report or reports. You agree that you will
use the reports for a permissible purpose as required by applicable law, regulation
and/or judicial action including, without limitation, the Fair Credit Reporting Act
(15 U.S.C. § 1681 et seq.), all amendments thereto and in accordance with any state
statutes or regulations or an agreement which further restrict use or dissemination
of a Report or other limitations on the use of such information. NEITHER ISO NOR THE
CREDIT REPORT AND/OR SCORE PROVIDER GUARANTEE'S THE ACCURACY AND/OR COMPLETENESS OF
THE REPORTS INCLUDING BUT NOT LIMITED TO ANY INFORMATION REPORTED, OR THE AVAILABILITY
OF ANY DATA. NEITHER THE DATA PROVIDER NOR ISO MAKES ANY WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE ACURACY, COMPLETENESS OR PROCESSING
OF THE REPORTS.
- Engineering & Safety Services (E&S™).
This service provides a group of publications and services dealing with safety and
risk reduction in industrial and commercial settings, including E&S Technical
Information, which includes: (i) Technical Reports, which provide analysis of
specific hazards, processes and business operations, organized into various
technical categories; and (ii) New Reports, which provide information on emerging
issues; E&S Legislative Information, which includes: (i) Loss Control Laws and
Regulations Library, which provides a summary and actual text of regulations
effecting insurance loss control operations; (ii) Loss Control Legislative Alerts,
which cover proposed legislation; (iii) Loss Control Compliance Guidelines;
E&S Consultation Service; and E&S Infolinks, which includes links to private and
government sites. The information licensed hereunder is copyrighted by ISO Services, Inc.
and other third-party providers specified in your company's license agreement.
ISO shall not be responsible for any claim that may arise out of the
third-party providers' information included in this Product. If you are an agent,
you may use the information contained in this Product solely for your work for or
on behalf of ISO participating insurance companies.
- ISO ClaimSearch (SM). This service will provide electronic access to loss history information concerning
insurance claims and the property subject to the claim from ISO's proprietary
Automobile Claims Information, Casualty Claims Information and Property Claims
Information databases. You warrant that you will use these Databases exclusively for
purposes of investigation of claims. You agree not to use these Databases for purposes
of insurance underwriting (including ratemaking, risk classification, actuarial
calculations, identification of prospective customers or reclassification of customers,
policy cancellation or renewal, establishing or stabilizing claims payment levels,
granting of credit or other similar purpose. You agree to comply in all respects with
the ISO ClaimSearch Privacy and Security Policy, including all updates to that policy
made during the term of this Agreement.
- ISOPAX (SM)., ISOPAXSM is an electronic
portal consisting of various web pages through which Licensee orders information from third
party vendor service and such requests and
orders are distributed to the participating third-party premium audit vendors for
completion. ISOPAX includes ISOPAX Plus a solution to outsourcing the premium
audit process - including follow up with vendors and final quality review;
ISOPAX Select which provides the same management services as are included in
ISOPAX Plus, except that ISO does not provide a quality review of the premium audit
reports received from the vendors; ISOPAX Direct which permit the Licensee to order,
monitor, and retrieve premium audits online, directly from selected ISOPAX-affiliated
premium audit vendors; and ISOPAX AUDITMATE an outsourcing mail audit function.
You authorize ISO to forward your information to third-party vendors to perform the
requested premium audit services. You grant to ISO a non exclusive, royalty free,
license to retain selected information contained in premium audit reports for ISO's
use in a summarized and aggregated database for other ISO products. You agree to
keep all premium audit reports obtained via this service confidential. You warrant
that you will use the premium audit reports only in connection with your insurance
underwriting and rating programs.
- LOCATION®. The LOCATION database includes PPC, Crime, Premium Tax, FireLine™,
California Brush Fire and Department of Insurance Earthquake Zone, Distance to Coast, Distance to Major Body of Water, Windpool Eligibility,
ISO Territory, Auto Drive Distance, and Latitude Longitude services. You are permitted to use LOCATION reports as an aid in evaluating the underwriting risks
involved in pending insurance applications or in making decisions concerning the issuance, renewal, cancellation, or termination
of insurance policies. You may not use LOCATION reports for any other purpose. When online access is requested, this product
will include the online delivery of the requested layers of information. When batch processing is requested, this service includes
the delivery in the indicated media of the requested layers. The information licensed hereunder is copyrighted by ISO and other
third-party providers as specified on the LOCATION documents.
- Motor Vehicle Reports (MVRs). This service will provide access to the driving records of individuals licensed to
operate motor vehicles in the jurisdictions of the United States. You agree to
keep any and all reports obtained via this service confidential. You warrant that
you will use the Reports only in connection with insurance transactions and/or
underwriting involving your insureds and prospective insureds. You may retain
reports for your own internal use only for historical purposes relating to the insurance transaction or underwriting of the individual. You agree that you will use
the reports for a permissible purpose as required by applicable law, regulation
and/or judicial action including but not limited to (i) the Fair Credit Reporting
Act (15 U.S.C. § 1681 et seq.) and all amendments thereto, (ii) any applicable
state statutes or regulations or an agreement which further restricts use or
dissemination of a Report, or (iii) other legal limitations on the use of such information.
- Multi-Line Class Table Database. This service assists you in using ISO
classification information for specific commercial lines of insurance.
You may use this aid only to the extent and in the jurisdictions that your company
is authorized to access the underlying products. The classification information available through the ISOnet Multi-Line Class Table
may not be for use in every jurisdiction. Please make sure that all filing requirements
applicable to the specific products involved have been complied with in the jurisdiction
where you plan to use the products. You and your company must determine what filing requirements,
if any, apply and whether the requirements have been satisfied by your company.
In the case of any discrepancy between the information delivered in this electronic
medium and ISO's associated paper products, the ISO paper products shall govern.
If you are an agent, you may use the information contained in this service solely for your work for
or on behalf of ISO participating companies.
- Property Claim Services (PCS™).
This Product is an aid to assist you in using PCS's Severe Weather Summaries,
Catastrophe Bulletins and Tropical Storm/Hurricane Advisories products. The
material contained in this Product is provided to you solely for use in your
company's insurance operations. You may not use the information provided via
this Product for any other purpose, including as a trigger for the securitization
of risk or other uses involving financial instruments.
Disclaimer - Preparing an estimate of the insured losses involved in a catastrophe
is an inherently subjective process, involving assessment of information from a
number of sources, which may or may not be complete or accurate. ISO makes no
guarantee or warranty, express or implied, regarding the service, the reports
or information provided therein, including, without limitation, any warranty of
merchantability, fitness for a particular purpose, accuracy, or completeness.
Subscriber assumes all risk that the quality and/or attributes of the service
are sufficient to meet its needs, particularly in the event that you use the
information provided to determine appropriate reserves for catastrophes or
determine whether to buy or sell options or futures contracts or other investments
based on indices derived from PCS catastrophe estimates.