Terms and Conditions

1. THE SITE Services.
   
   THE SITE provides authorized Users with the opportunity to transact, send and receive, electronic underwriting requests, submissions or applications, completed by the User for insurance coverages. THE SITE provides an electronic communications channel for communications between Users, as well as between Users and non-Users, which may be used by User(s) to transmit insurance submissions or applications, by the User(s) to respond to submissions or applications, and by Users to correspond with each other prior to the binding of coverage on matters relating to the particular insurance transactions.
   
   
2. Intellectual Property.
   
   THE SITE contains copyrighted material, trademarks and other proprietary information, which will be referred to as "Proprietary Material" for the rest of this document, including, but not limited to, text, software, graphics and images. You agree not to modify, publish, transmit, participate in the transfer or sale, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material. Except as otherwise expressly permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, republication, publication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercially exploiting of any Proprietary Material or material made available through THE SITE will be permitted without the express permission of the copyright owner and/or Red Widget. In the event of any copying, redistribution or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. The obligation of determining that any material is not subject to intellectual property right(s) rests with you. The entire THE SITE web site, and THE SITE logo are service marks of Red Widget. Other trademarks, service marks and logos used in www.RedWidget.com are the trademarks, service marks or logos of their respective owners.
   
   
3. Cookies and Other Web Tools
   
   When you interact with THE SITE, we strive to make that experience easy and meaningful. To do so, we use several tools. When you come to our Web site, our Web server sends a cookie to your computer. A cookie is simply an electronically transmitted file that holds small pieces of information. When you navigate through our Web site, your browser "requests" pages for you to view, and that request will include the information stored in the cookie we previously sent to your computer. "Other Web Tools." Sometimes we include links to Web pages in an email that include a code that allows us to know if you clicked on that link. We do this so that we can personalize your experience; such as recognizing you when you reach the Web page you clicked to, or by displaying information and content we believe will be relevant to you. Other Ways Red Widget uses information obtained from cookies. Cookies enable us to understand better how you and others use THE SITE. They allow us to collect information about where your browser goes on our Site. This assists us in understanding your preferences and improving our Web site. For example, the information we obtain from cookies helps us understand whether our customers use certain Web features and how to improve navigation. We do not sell this or any other information about you to other Web sites, merchants or financial institutions.
   
   
4. E-mail Communications.
   
   E-mail is an important communication channel between Red Widget and User(s). Red Widget also uses e-mail to communicate with prospective users. E-mail sent to Red Widget from within THE SITE (after you have logged on with your user ID and password) is secured with the same Secure Socket Layer (SSL) technology we use to transmit private account information. So please remember that any e-mail you send to Red Widget identifying your account should originate in the secure THE SITE. Our news and information services are delivered to our Users via e-mail from outside our THE SITE. You will receive any THE SITE newsletters via unencrypted e-mail. We reserve the right to use your e-mail address to send you important information relating to your account. If you are a User or a prospective user receive an e-mail from Red Widget a product or service, you may unsubscribe to future e-mails about that product or service by following the instructions in the e-mail message.
   
   
5. Disclaimer of Warranties.
   
   Use of THE SITE is at your sole risk. THE SITE (Including all content, software, and other functions, materials, and information accessed by any means thereon) is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or interrupted or error free service, or implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permissible by law. Red Widget makes no warranty of any kind as to the results that may be obtained from use of THE SITE, or as to the accuracy, completeness, currency, reliability or content of any information or material provided by or through THE SITE. The entire risk as to the quality, adequacy, accuracy, completeness, currency, correctness, or validity of any information or material provided by or through THE SITE rests with you. Red Widget is not and shall not be liable for any defamatory, offensive, illegal or other conduct of other users or third parties, and the risk of injury from the foregoing rests entirely with you. Red Widget is not and shall not be liable for any claim, injury or damage arising from the use or inability to use THE SITE. This disclaimer of liability includes, but is not limited to, any failure of performance, omission, error, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Red Widget has no control over the content of Internet sites that may be linked to THE SITE through hypertext links ("linked sites"), and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. In no event will Red Widget be liable to any party or any general, special, indirect, direct, incidental, consequential, exemplary and punitive damages for any use of THE SITE, or any linked site, even if Red Widget is expressly advised of the possibility of such damages. Red Widget is not and shall not be responsible or liable for the accuracy, validity or completeness of any information provided by Users, or for any failure of any Users to perform any duty, obligation or responsibility to any other Users or any Users' client, including, without limitation, the payment of any commissions or the performance by any Users of its obligations under any policy of insurance. Red Widget is not and shall not be responsible for the solvency, stability or financial condition of the Users or any company represented by Users.
   
   
6. User's Responsibilities.
   
   You, the Users, are responsible for complying with all terms and conditions of these Terms, and with all policies and guidelines posted on THE SITE. You are responsible for, and agree to comply with, any and all applicable Federal, state and local laws, rules and regulations relating to the conduct of insurance agents with respect to any insurance transaction commenced by you using THE SITE. You agree to promptly inform Red Widget if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your User ID or Password. Until Red Widget is properly notified of a breach of security, you remain responsible for any unauthorized use of THE SITE occurring under your User ID and Password. You, the Users, are fully responsible for any and all use of, and actions taken through, THE SITE by your assistants authorized by you. You, the Users, agree that any communications between you and other Users concerning an insurance submission or application made through THE SITE is sufficient to include such business under your contract with Red Widget. You, the Users, agree to place sufficient information within THE SITE, so as to provide Red Widget with a record of the transaction transmitted through THE SITE. You understand and agree that Red Widget and/or THE SITE is not acting as an insurance underwriter, broker or agent with respect to any transaction between any Users. Red Widget/THE SITE's sole role is that of an electronic communications facilitator for insurance submissions and applications by Users, quotations by Users in response to insurance submissions and applications, requests by Users to bind coverage, and other communications between Users relating to a particular insurance transaction. In no event shall Red Widget be responsible for the accuracy, validity or completeness of any information provided by Users or for any failure of any Users to perform any duty, obligation or responsibility to any Users or any Users' client, including, without limitation, the payment of any commission or the performance by the Users of its obligations under any policy of insurance transacted through THE SITE. You are solely responsible for maintaining your own records of all communications transacted through THE SITE (including the content of communications).
   
   
7. Correct User Information.
   
   The accuracy of your personal information is important. If you are a User and have a concern about your personal or account information maintained at THE SITE, or want to correct, update, or confirm your information, please login and review your information under the Administration section. If this is not sufficient send us an e-mail from the Contact Us section or click on info@redwidget.com and explain your concerns. For purposes of identification, you agree to provide THE SITE with accurate, complete, and updated information required at the time of registration as a User. You agree to promptly update your registration information if there is any change your registration information. Failure to comply with this provision may result in termination of your right to use THE SITE. Red Widget reserves the right to reveal any registration information or other information in its possession regarding Users in cooperation with a request or investigation by any governmental body or governmental agency, or as otherwise required by law.
   
   
8. Your Password and Other Security Issues.
   
   I. Your THE SITE password is your private entry key into your account. You should never share it with anyone and you should change it periodically. You can change your password any time you like by accessing the Administration area of your account. . i) Our password requirements, which facilitate online account security, are as follows: your password should be at least 4 characters long, your password can be no longer than 20 characters. ii) If you forget your password you may request a new password by accessing the Lost Password Page and entering your email address. A new password will be emailed to you. If you have any further questions email info@redwidget.com and we will be pleased to help you.
   
   II. Logging off. After you've finished accessing your THE SITE account, don't forget to log off. This prevents someone else from accessing your account.
   
   
9. Security Risk of Using Non-Approved Automated Software Applications.
   
   For security reasons and to guard the safety of your data, access to this site is limited to SSL-capable browsers like Netscape Navigator 4.06 or higher or Microsoft's Internet Explorer 4.01 or higher. Under no circumstances should you use any software, program, application, or any other device to access or login to THE SITE, or to automate the process of obtaining, downloading, transferring, or transmitting any content to or from Red Widget's computer systems, Web site, or proprietary software.
   
   
10. Browsers and Internet Security.
    
    Any time you submit client information or provide personal information in THE SITE, we encrypt it using Secure Socket Layer (SSL) technology. SSL protects information as it crosses the Internet. To support this technology, you need an SSL-capable browser. Red Widget recommends using a strong encryption, 128-bit browser like Netscape Navigator 4.06 or higher or Microsoft's Internet Explorer 4.01 or higher. These browsers will activate SSL automatically whenever you sign on to your Red Widget /THE SITE account. You can tell if you are visiting a secure area within a Web site by looking at the symbol on the bottom of your browser screen. If you are using Netscape Navigator or Internet Explorer, you will see either a lock or a key. When the symbol appears unbroken or the padlock is in the locked position, your session connection is taking place via a secure server. If you need a strong encryption browser, you can go to the site or the site to download the latest Navigator or Internet Explorer browser. We do not recommend the use of beta browser versions.
    
    
11. Prohibited Uses.
    
    You agree:
    I. not to use THE SITE (a) in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (b) to invade the privacy of third parties; (c) to impersonate Red Widget personnel or other parties or entities; (d) to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, or otherwise objectionable material, or (e) to encourage conduct that would give rise to civil or criminal liability;
    II. not to violate, or assist in violating, the security of THE SITE, whether intentionally, negligently or otherwise;
    III. not to attempt to utilize another Users' Account, User ID or Password without authorization from that User(s);
    IV. not to transmit by means of THE SITE any data or material that contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    V. not to use THE SITE for any purpose other than that of submitting insurance submissions or applications that you intend to bind through THE SITE.
    VI. that, for each violation by you of these Terms, you will pay Red Widget damages including, without limitation, to compensate for the lost goodwill such a violation causes. Payment by you under this provision shall not prevent Red Widget from seeking to obtain other legal remedies against you, including other damages (including, without limitation, exemplary or punitive damages) and costs (including, without limitation, attorneys' fees), or an injunction.
    
    
12. Termination.
    
    Red Widget may terminate the right of any User(s) to access THE SITE at any time, with or without cause, in Red Widget's absolute discretion and without notice. The recital in these Terms or elsewhere of specific grounds for termination of a User(s)' right to access THE SITE shall in no manner whatsoever limit Red Widget's absolute right to terminate any User(s)' access to THE SITE under this paragraph.
    
    
13. Confidentiality.
    
    Red Widget will use reasonable efforts to maintain the confidentiality of all information contained in THE SITE messages between Users and between Users and Red Widget; provided, however, that nothing herein shall preclude Red Widget from disclosing either the information or the content of any THE SITE message in connection with any subpoena, warrant or other judicial or governmental process. Red Widget shall have the right to intercept, read and disclose all THE SITE messages between Users.
    
    
14. Indemnification.
    
    You hereby agree to indemnify, defend, and hold harmless Red Widget and its directors, employees, licensors, subsidiaries and affiliates, as well as User(s), from and against any and all liability and costs (including attorneys' fees and costs) incurred in connection with any claim arising out of any breach by you of any of these Terms. You shall cooperate as fully as reasonably required in the defense of any claims. Red Widget reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of Red Widget.
    
    
15. Limitation of Liability.
    
    Under no circumstances shall Red Widget, its officers, directors or affiliates, be liable for any general, special, indirect, direct, incidental, consequential, exemplary or punitive damages arising out of or relating in any way to THE SITE, or service-related matters and/or content or information contained within THE SITE, even if Red Widget has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with THE SITE and/or service-related matters is to stop using THE SITE.
    
    
16. Access.
    
    Red Widget grants you a non-exclusive, non-transferable, limited right to access, display on your computer, and use THE SITE in strict accordance with the contract you, your agent, or your company has executed with Red Widget. A copy of this contract is available from your agent or company or from Red Widget. These Terms do not grant you the right to use THE SITE or any other Red Widget trademark, service mark or logo for any other purpose whatsoever.
    
    
17. Modification.
    
    Red Widget has the right to modify these Terms in any manner and at any time, without notice or liability. Any modification is effective immediately upon a posting. Your continued use of THE SITE following notice of any modification of these Terms shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Red Widget in providing THE SITE, is to terminate continued use of THE SITE.
    
    
18. General.
    
    Failure by Red Widget to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. These Terms, and all other aspects of your use of THE SITE, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or your use of THE SITE shall be submitted to and resolved by binding arbitration of the CPR Institute. Any contract executed by you, your agent or company along with these Terms constitute the entire agreement between you and Red Widget with respect to THE SITE and supersedes all prior agreements, understandings, representations or warranties, whether written or oral, between you and Red Widget.