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Terms of Service

Terms of Service Effective Date: April 9, 2018

At-Bay Inc. (including all affiliates, hereinafter referred to as "At-Bay", "we", "us" or "our") operates the website www.at-bay.com and related websites that provide cyberinsurance and related services and tools (including the Risk Exposure Calculator), such websites and services collectively referred to herein as "Online Services".

These terms and conditions ("Terms") apply to your use of the website and Online Services as well as any of our offline services and tools that might be made available by us from time to time, including offline tools, surveys, and other applications ("Offline Services"), in the United States. The Online Services and Offline Services are collectively referred to in this policy as the "Services." The Services are owned and operated by At-Bay. If you are accessing and using At-Bay's services in Israel, please refer to these terms below

YOUR USE OF ANY SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF ANY SERVICES.

It is important that you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms as the legally binding basis upon which you may use the Services. Please read these Terms carefully in their entirety.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms, and in such event "you" and "your" will refer and apply to that company or other legal entity.

The term "Personal Information" (as used herein) refers to information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from the information in conjunction with other information.

Terms of Service

Please note that we reserve the right, at our sole discretion, to modify these Terms or the Services at any time and without prior notice to you. You can visit this page at any time to review the current form of our Terms.

If you do not agree with any of these Terms (including as may be amended from time to time), you may not access or use the Services. By accessing or using the Services you will be deemed to have irrevocably agreed to these Terms. You acknowledge and agree that, by accessing or using the Services, or by downloading any content from the Services, you have read and you are bound by these Terms.

If any provision of these Terms is adjudged, by written decision of a court or other applicable governmental authority to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the agreement between us reflected in these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and At-Bay relating to the matters contained here.

Eligibility

The Services are directed at a general adult audience. We will assume (and by using the Services you warrant that) that you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). We do not knowingly collect or post information in respect of persons under the age of 18.

Insurance Product Terms

Any insurance product that may be described in our Services shall be subject to the terms and conditions it may contain, including exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. Some products or services may not be available in all states or territories.

You Must Provide Accurate Information

It is a condition of use of the Services that all the details you provide are correct, current and complete. If we believe that the details you provide (including but not limited to Personal Information) are inaccurate, fraudulent, not current, incomplete, or otherwise a violation of these Terms, we have the right to refuse you access to the Services and to terminate or suspend your account, as applicable.

Account Registration

In order to access certain of the Services, you must register to create an account ("At-Bay Account") and become a member. You may register to join via our website.

Your At-Bay Account will be created based on the Personal Information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. At-Bay reserves the right to suspend or terminate your At-Bay Account and your access to the Services if you create more than one At-Bay Account.

You are responsible for safeguarding the password to access your At-Bay Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your At-Bay Account, whether or not you have authorized such activities or actions. You will immediately notify At-Bay of any unauthorized use of your At-Bay Account to which you are, or should reasonably have been, aware. At-Bay will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.

Payment Policy

You authorize At-Bay, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g., driver's license or passport), your date of birth and other information that is necessary to confirm ownership of your email address or payment method that you may add to your At-Bay Account, such as a credit card, debit card or PayPal account ("Payment Method").

Additionally, you authorize At-Bay to store your Payment Method and charge your Payment Method as outlined in these Terms.

When you select and provide information to us pursuant to a Payment Method, you confirm that you are permitted to use that Payment Method and you authorize us and our designated payment processor to charge the full amount of the insurance to the Payment Method you designate for any purchase of Services.

We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up paying the correct amount.

Privacy Policy

Your privacy is important to us. Please refer to our Privacy Policy.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES AND OTHER CONTENT IN THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AT-BAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AT-BAY DOES NOT WARRANT THAT FUNCTIONS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AT-BAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON OR LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. AT-BAY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND AT-BAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

AT-BAY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CYBERJACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT AT-BAY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Exclusion of Damages

AT-BAY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF AT-BAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AT-BAY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, AT-BAY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE ACCOUNT REGISTRATION CLAUSE OR (2) CONTENT POSTED BY YOU OR ANY THIRD PARTY.

Binding Arbitration of All Disputes; No Class Relief

To the fullest extent permissible by law, with the exception of disputes pertaining to At-Bay's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and At-Bay arising under these Terms shall be resolved through binding arbitration conducted in accordance with and governed by the Commercial Arbitration Rules then in effect of the American Arbitration Association, with such body also conducting any arbitration. Any arbitration shall be on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the insurance industry and shall follow California substantive law in adjudicating the dispute. The arbitration shall be conducted in San Francisco, California at a location selected by the arbitrator.

Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND AT-BAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT.

For any claim in which you seek US$10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, At-Bay shall pay the costs and fees of arbitration.

The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses only to the extent provided under applicable law.

AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

Trademarks and Copyrights

At-Bay respects the intellectual property rights of others and asks users of the Services to do the same.

The Services, software and materials incorporated by At-Bay for the Services are protected by copyrights, patents, trade secrets, license agreements or other proprietary rights. The term "At-Bay" as well as all logos and graphics using the At-Bay name are the intellectual property of and/or registered trademarks/servicemarks owned by At-Bay. Some of the characters, logos, or other images incorporated by At-Bay for the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by At-Bay or others.

Modification or use of any such content for any purpose not permitted by these Terms may be a violation of the copyrights and/or trademarks protected by law and these Terms and is prohibited.

Permitted Uses

Your enjoyment and use of the Services and any related content is subject to your compliance with these Terms.

You may access and display content displayed on the Services for your lawful use in connection with the sale or purchase of insurance.

The content of our Services may not be copied, modified, reproduced, republished, uploaded, framed, posted, transmitted, distributed, displayed, licensed or used in any way except in your lawful use in connection with the sale or purchase of insurance or unless specifically authorized by At-Bay. Except as specifically authorized in any part of the Services, you may not create any kind of hyperlink from any third party site to ours unless you first obtain our express written permission. You are not authorized to use any portion of the Services or any other At-Bay intellectual property in the meta-tags of any website or in any other materials. Any authorization to copy any content of the Services granted by At-Bay in any part of the Services for any reason is restricted to making a single copy for the use expressly permitted by At-Bay, and is subject to your keeping intact all copyright and other proprietary notices. Using any content of the Services on any other website or networked computer environment is prohibited except in your lawful use in connection with the sale or purchase of insurance or unless specifically authorized by At-Bay. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software of the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. We have the right, in our sole discretion, to suspend or terminate your use of our Services and refuse any and all current or future use of all or any portion of our Services.

Submissions

At-Bay is interested in hearing from you regarding your questions or comments, however At-Bay does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Therefore, please do not send any unsolicited submissions to At-Bay.

Invited Submissions

From time to time, At-Bay may expressly request submissions of content from you. Where this is the case, please carefully read any specific rules or other terms and conditions which are provided with such a request, as they will affect your legal rights. If no additional terms are provided, then these Terms will apply in full. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to At-Bay. At-Bay will consider anything you provide to At-Bay and/or contribute to the Services as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.

Claims of Infringement

If you believe that any content appearing on the Services infringes your copyright rights, we want to hear from you. Please forward the following in writing to the address given below:

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • The exact URL or a description of each place where alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  • Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  • A statement by you made under penalty of perjury that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

At-Bay seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

Indemnity

You agree to defend, indemnify and hold harmless At-Bay, its affiliates and subsidiaries, and its officers, directors, employees, principals, agents, distributors, representatives, proprietors, partners, shareholders, owners, principals, predecessors, successors and assigns from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of these Terms.

System Abuse

Without limitation, you agree not to send, create, or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person. You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, At-Bay reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

Investigations

At-Bay reserves the right to investigate suspected violations of these Terms. At-Bay may seek to gather information from any user who is suspected of violating these Terms and from any other user. If At-Bay believes, in its sole discretion, that a violation of these Terms has occurred, it may terminate accounts or your access to the Services, or take other corrective action it deems appropriate. At-Bay will fully cooperate with any law enforcement authorities or court order requesting or directing At-Bay to disclose the identity of anyone believed to violate these Terms. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS AT-BAY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AT-BAY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY AT-BAY OR LAW ENFORCEMENT AUTHORITIES.

Service

In order to use the Online Services, you must obtain access to the Internet and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Online Services (including a computer, modem, mobile device, tablet, and/or other access devices).

Reservation of Rights

At-Bay reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any software, facilities, and services on the Services, with or without notice and/or to establish general guidelines and limitations on their use.

Your Compliance with Applicable Laws and Regulations

You are responsible for complying with local, state and federal law, regulations and guidance, if and to the extent such laws, regulations and guidance are applicable in relation to your use of the Services.

Third Party Sites

Our Services may link you to other sites on the Internet. These other sites are not under the control of At-Bay, and you acknowledge that (whether or not such sites are affiliated in any way with At-Bay) At-Bay is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by At-Bay or any association with its operators.

At-Bay cannot ensure that you will be satisfied with any products or services that you purchase from any third party site that links to or from At-Bay since the third party sites are owned and operated by independent parties. At-Bay does not endorse any of the products and services, nor has At-Bay taken any steps to confirm the accuracy or reliability of any of the information contained on such third party sites. At-Bay does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other Personal Information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate (such as reading the terms of use and privacy policies provided on any third party site) before proceeding with any online transaction with any of these third parties.

Choice of Law

With the exception of the "Binding Arbitration of All Disputes; No Class Action" clause (above), these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within the State of California. Except where prohibited by law, any claim or dispute that does not fall under the "Binding Arbitration of All Disputes; No Class Action" clause, i.e., disputes pertaining to At-Bay's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, shall be subject to the sole and exclusive jurisdiction of the California State or federal courts located in San Francisco, California and no other courts, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between you and At-Bay regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between At-Bay and you regarding the Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without At-Bay's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. At-Bay may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by At-Bay (i) via email (in each case to the address that you provide) or (ii) by posting to the Online Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

How to Contact Us

You can contact us at At-Bay Inc., at 196 Castro Street Suite A Mountain View, CA 94041 US.

Please forward any comments or complaints to support@at-bay.com.

Terms of Service - Rest of the World

At-Bay, Inc. (including all affiliates, hereinafter referred to as "At-Bay", "we", "us" or "our") operates the website www.at-bay.com and related websites that provide [cyberinsurance services] ("Online Services").

These terms and conditions ("Terms") apply to your use of the Online Services as well as any of our offline services and tools that might be made available by us from time to time, including offline tools, surveys, and other applications ("Offline Services"). The Online Services and Offline Services are collectively referred to in this policy as the "Services." The Services are owned and operated by At-Bay. If you are accessing and using At-Bay's services from the United States, please refer to these Terms and Conditions.

It is important that you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms as the legally binding basis upon which you may use the Services. Please read these Terms carefully in their entirety.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms, and in such event "you" and "your" will refer and apply to that company or other legal entity.

The term "Personal Information" (as used herein) refers to information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from the information in conjunction with other information.

TERMS OF SERVICE

Please note that we reserve the right, at our sole discretion, to modify these Terms or the Services at any time and without prior notice to you. You can visit this page at any time to review the current form of our Terms.

If you do not agree with any of these Terms (including as may be amended from time to time), please do not access or use the Services. By accessing or using the Services you will be deemed to have irrevocably agreed to these Terms. You acknowledge and agree that, by accessing or using the Services, or by downloading any content from the Online Services, you have read and you are bound by these Terms.

If any provision of these Terms is adjudged, by written decision of a court or other applicable governmental authority to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the agreement between us reflected in these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and At-Bay relating to the matters contained here.

ELIGIBILITY

The Services are directed at a general adult audience. We will assume (and by using the Services you warrant that) that you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). We do not knowingly collect or post information in respect of persons under the age of 18.

INSURANCE PRODUCT TERMS

Any insurance product that may be described in our Services shall be subject to the terms and conditions it may contain, including exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. Some products or services may not be available in all states or territories.

YOU MUST PROVIDE ACCURATE INFORMATION

It is a condition of use of the Services that all the details you provide are correct, current and complete. If we believe that the details you provide (including but not limited to Personal Information) are inaccurate, fraudulent, not current, incomplete, or otherwise a violation of these Terms, we have the right to refuse you access to the Services and to terminate or suspend your account, as applicable.

ACCOUNT REGISTRATION

In order to access certain of the Services, you must register to create an account ("At-Bay Account") and become a member. You may register to join via our website.

Your At-Bay Account will be created based on the Personal Information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. At-Bay reserves the right to suspend or terminate your At-Bay Account and your access to the Services if you create more than one At-Bay Account.

You are responsible for safeguarding the password to access your At-Bay Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your At-Bay Account, whether or not you have authorized such activities or actions. You will immediately notify At-Bay of any unauthorized use of your At-Bay Account to which you are, or should reasonably have been, aware. At-Bay will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.

PAYMENT POLICY

You authorize At-Bay, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g., driver's license or passport), your date of birth and other information that is necessary to confirm ownership of your email address or payment method that you may add to your At-Bay Account, such as a credit card, debit card or PayPal account ("Payment Method").

Additionally, you authorize At-Bay to store your Payment Method and charge your Payment Method as outlined in these Terms.

When you select and provide information to us pursuant to a Payment Method, you confirm that you are permitted to use that Payment Method and you authorize us and our designated payment processor to charge the full amount of the insurance to the Payment Method you designate for any purchase of Services.

We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up paying the correct amount.

PRIVACY POLICY

Your privacy is important to us. Please refer to our Privacy Policy.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES AND OTHER CONTENT IN THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AT-BAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AT-BAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR THE SERVERS THAT MAKE THE ONLINE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AT-BAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON OR LINKED TO THE ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. AT-BAY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND AT-BAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

AT-BAY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF AT-BAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT AT-BAY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

EXCLUSION OF DAMAGES

AT-BAY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF AT-BAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AT-BAY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, AT-BAY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE ACCOUNT REGISTRATION CLAUSE OR (2) CONTENT POSTED BY YOU OR ANY THIRD PARTY.

BINDING ARBITRATION OF ALL DISPUTES; NO CLASS RELIEF

To the fullest extent permissible by law, with the exception of disputes pertaining to At-Bay's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and At-Bay arising under these Terms shall be resolved through binding arbitration conducted in accordance with and governed by the Commercial Arbitration Rules then in effect of the American Arbitration Association, with such body also conducting any arbitration. Any arbitration shall be on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the insurance industry and shall follow California substantive law in adjudicating the dispute. The arbitration shall be conducted in San Francisco, California at a location selected by the arbitrator.

Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND AT-BAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT.

For any claim in which you seek US$10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, At-Bay shall pay the costs and fees of arbitration.

The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses only to the extent provided under applicable law.

AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

TRADEMARKS AND COPYRIGHTS

At-Bay respects the intellectual property rights of others and asks users of the Services to do the same.

The Services, software and materials incorporated by At-Bay for the Services are protected by copyrights, patents, trade secrets, license agreements or other proprietary rights. The term "At-Bay" as well as all logos and graphics using the At-Bay name are the intellectual property of and/or registered trademarks/servicemarks owned by At-Bay. Some of the characters, logos, or other images incorporated by At-Bay for the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by At-Bay or others.

Modification or use of any such content for any purpose not permitted by these Terms may be a violation of the copyrights and/or trademarks protected by law and these Terms and is prohibited.

PERMITTED USES

Your enjoyment and use of the Services and any related content is subject to your compliance with these Terms.

You may access and display content displayed on the Online Services for your lawful use in connection with the sale or purchase of insurance.

The content of our Services may not be copied, modified, reproduced, republished, uploaded, framed, posted, transmitted, distributed, displayed, licensed or used in any way unless specifically authorized by At-Bay. You may not create any kind of hyperlink from any third party site to ours unless you first obtain our express written permission. You are not authorized to use any portion of the Services or any other At-Bay intellectual property in the meta-tags of any website or in any other materials. Any authorization to copy any content of the Services granted by At-Bay in any part of the Services for any reason is restricted to making a single copy for the use expressly permitted by At-Bay, and is subject to your keeping intact all copyright and other proprietary notices. Using any content of the Services on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software of the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. We have the right, in our sole discretion, to suspend or terminate your use of our Online Services and refuse any and all current or future use of all or any portion of our Online Services.

SUBMISSIONS

At-Bay is interested in hearing from you regarding your questions or comments about our Services, however At-Bay does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Therefore, please do not send any unsolicited submissions to At-Bay.

INVITED SUBMISSIONS

From time to time, At-Bay may expressly request submissions of content from you. Where this is the case, please carefully read any specific rules or other terms and conditions which are provided with such a request, as they will affect your legal rights. If no additional terms are provided, then these Terms will apply in full. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to At-Bay. At-Bay will consider anything you provide to At-Bay and/or contribute to the Services as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.

CLAIMS OF INFRINGEMENT

If you believe that any content appearing on the Online Services infringes your copyright rights, we want to hear from you. Please forward the following in writing to the address given below:

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • The exact URL or a description of each place where alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  • Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  • A statement by you made under penalty of perjury that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

At-Bay seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

INDEMNITY

You agree to defend, indemnify and hold harmless At-Bay, its affiliates and subsidiaries, and its officers, directors, employees, principals, agents, distributors, representatives, proprietors, partners, shareholders, owners, principals, predecessors, successors and assigns from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of these Terms.

SYSTEM ABUSE

Without limitation, you agree not to send, create, or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person. You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, At-Bay reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

INVESTIGATIONS

At-Bay reserves the right to investigate suspected violations of these Terms. At-Bay may seek to gather information from any user who is suspected of violating these Terms and from any other user. If At-Bay believes, in its sole discretion, that a violation of these Terms has occurred, it may terminate accounts or your access to the Online Services, or take other corrective action it deems appropriate. At-Bay will fully cooperate with any law enforcement authorities or court order requesting or directing At-Bay to disclose the identity of anyone believed to violate these Terms. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS AT-BAY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AT-BAY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY AT-BAY OR LAW ENFORCEMENT AUTHORITIES.

SERVICE

In order to use the Online Services, you must obtain access to the Internet and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Online Services (including a computer, modem, mobile device, tablet, and/or other access devices).

RESERVATION OF RIGHTS

At-Bay reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any software, facilities, and services on the Online Services, with or without notice and/or to establish general guidelines and limitations on their use.

YOUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS

You are responsible for complying with local, state and federal law, regulations and guidance, if and to the extent such laws, regulations and guidance are applicable in relation to your use of the Services.

THIRD PARTY SITES

Our Online Services may link you to other sites on the Internet. These other sites are not under the control of At-Bay, and you acknowledge that (whether or not such sites are affiliated in any way with At-Bay) At-Bay is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by At-Bay or any association with its operators.

At-Bay cannot ensure that you will be satisfied with any products or services that you purchase from any third party site that links to or from At-Bay since the third party sites are owned and operated by independent parties. At-Bay does not endorse any of the products and services, nor has At-Bay taken any steps to confirm the accuracy or reliability of any of the information contained on such third party sites. At-Bay does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other Personal Information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate (such as reading the terms of use and privacy policies provided on any third party site) before proceeding with any online transaction with any of these third parties.

CHOICE OF LAW

With the exception of the "Binding Arbitration of All Disputes; No Class Action" clause (above), these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within the State of California. Except where prohibited by law, any claim or dispute that does not fall under the "Binding Arbitration of All Disputes; No Class Action" clause, i.e., disputes pertaining to At-Bay's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, shall be subject to the sole and exclusive jurisdiction of the California State or federal courts located in San Francisco, California and no other courts, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available.

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between you and At-Bay regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between At-Bay and you regarding the Services.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without At-Bay's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. At-Bay may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by At-Bay (i) via email (in each case to the address that you provide) or (ii) by posting to the Online Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

HOW TO CONTACT US

The Services are controlled and operated by At-Bay located at:

196 Castro Street
Mountain View, CA
94041
US

Please forward any comments or complaints about the Services to support@at-bay.com