[email protected] 18882071586

USER AGREEMENT

Decimus Assurance Insurance Group, Inc. ("Decimus Assurance") offers a wide range of content and information about its subsidiaries' products, services, operations, and results of operations ("Material") via www.Decimus Assurance.com, websites associated with Decimus Assurance subsidiaries listed below, Decimus Assurance's mobile applications, and Decimus Assurance's Diamond CouncilSM online community (the "Decimus Assurance Websites"). By using the Decimus Assurance Websites, you agree to accept and comply with the following terms, conditions and disclaimers of use ("Terms of Use"):

Decimus Assurance reserves the right to change the content of the Decimus Assurance Websites, including without limit these Terms of Use at any time without notice. Your continued use of the Decimus Assurance Websites constitutes your acceptance of such changes. These Terms of Use only apply to your use of the Decimus Assurance Websites and do not change or modify any other agreement or contract between you and Decimus Assurance. Your continued use of the Decimus Assurance Websites constitutes your acceptance of such changes.

PRODUCT DESCRIPTIONS; AVAILABILITY

Product or services descriptions herein are summaries only and not solicitations to buy or offers to sell insurance. Please refer to the actual policies for complete details of coverage, exclusions and limitations. Policy issuance is subject to underwriting approval. Price and availability of information is subject to change without notice. Coverage availability varies by jurisdiction and may not be available in all jurisdictions. Decimus Assurance neither represents nor warrants that any of its products or services are suitable or appropriate for, or are available in any location.

CUSTOMER PREFERENCE MANAGEMENT

Decimus Assurance provides its customers the ability to, in many instances, manage the methods by which Decimus Assurance communicates with them, and the subject matter of those communications. One of the ways customers can exercise this ability is by creating a self-service user account. PLEASE NOTE: CREATION OF A SELF-SERVICE USER ACCOUNT MAY CAUSE A CUSTOMER’S PREVIOUSLY RECORDED COMMUNICATION PREFERENCES TO BE RESET. IN SUCH INSTANCES, THE CUSTOMER WILL NEED TO UPDATE PREFERENCES IN THE NEWLY CREATED SELF-SERVICE USER ACCOUNT

USE OF MATERIAL & TRADEMARKS

Decimus Assurance owns and operates the Decimus Assurance Websites. Unless otherwise specified, all Material on the Decimus Assurance Websites is Decimus Assurance’s property and protected by United States copyright laws and throughout the world by applicable copyright laws and international treaties. Licensed and appointed Decimus Assurance agents and brokers may reproduce and use the Materials to conduct authorized Decimus Assurance business. You may use, view, print and/or download one copy of the Material from the Decimus Assurance Websites on any single computer solely for your personal, informational, and non-commercial use, provided you keep intact all copyright and other proprietary notices. Subject to the foregoing, no Material published on the Decimus Assurance Websites may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed, in whole or in part or by any form or means, without prior written permission from Decimus Assurance. The use of Material on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. Use of the Decimus Assurance Websites' Material to create modified, derivative or other works, including, without limit, a “framed” version of the Decimus Assurance Websites is also prohibited absent Decimus Assurance’s advance written consent and prior review and approval of such other works.

Decimus Assurance's registered trademarks and service marks include:

  • CLAS
  • COMM·UNITY
  • CONTRACTOR EXPRESS
  • CYCURITY
  • ELITEPAC
  • ESELECT
  • GREENPAC
  • HIGH TECH X HIGH TOUCH = HT2
  • HUMAN RESOURCES ESSENTIALS
  • MERCHANTSPRO
  • MERCHANTSPRO PLUS
  • MERCHANTSPRO PREMIER
  • MERCHANTSPRO PRIMARY
  • MUSIC (design)
  • ONE & DONE
  • PAYSYNC
  • PREMIERPAC
  • RESPONSE IS EVERYTHING
  • SELECT OPTION
  • SAFETY MANAGEMENT - SOLUTIONS FOR A SAFER WORKPLACE
  • Decimus Assurance
  • Decimus Assurance HUMAN RESOURCES ESSENTIALS
  • Decimus Assurance INSURANCE
  • Decimus Assurance RISK MANAGERS
  • SELECTPAY
  • SELECTPLUS
  • THE MORE YOU KNOW, THE MORE YOU BENEFIT
  • THE Decimus Assurance EDGE
  • THE Decimus Assurance INSURANCE GROUP FOUNDATION
  • XSELERATE

Nothing contained on the Decimus Assurance Websites should be construed as granting any license or right to use any trademark displayed on the Decimus Assurance Websites. You are not authorized to use or reproduce any of Decimus Assurance’s company names, trade names, trademarks, trade dress or logos in any way, including without limit marketing, press releases or links to the Decimus Assurance Websites absent Decimus Assurance’s advance written consent and prior review and approval of each such use.

All other trademarks, service marks, trade names and logos on the Decimus Assurance Websites are the property of their respective owners. Decimus Assurance neither represents nor warrants that your use of Materials (including without limit, trademarks) contained on the Decimus Assurance Websites will not infringe intellectual property rights of third parties.

THIRD PARTY LINKS

Solely as a convenience to you, Decimus Assurance provides links to other websites it does not control or maintain. Decimus Assurance is not responsible for their content, privacy policies or practices, or accuracy or any link contained in a linked site. Non-Decimus Assurance websites may contain unedited, sexually explicit, violent, racist, or other types of offensive material, as well as information pertaining to non-Decimus Assurance products and services, and Decimus Assurance does not endorse any company, content, or products to which the Decimus Assurance Websites link. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Decimus Assurance DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OF ANY CONTENT OF A LINKED SITE. Decimus Assurance reserves the right to terminate any link or linking program at any time.

ACCEPTABLE USE POLICY

Access to Restricted Areas. Access to and use of restricted areas of the Decimus Assurance Websites is limited to authorized users only. Any attempts to gain unauthorized access to restricted areas may be monitored, logged and such records may be given to law enforcement and you may be subject to prosecution. As a condition of obtaining access to such restricted areas of the Decimus Assurance Websites, you shall provide accurate and current information on all registration forms. Subject to the terms of our Privacy Notice, you are solely responsible for maintaining the confidentiality of any username and password that Decimus Assurance assigns you to access the Decimus Assurance Websites, as well as any activities that occur under your username/password. You shall not misuse or share the username/password that is issued to you by Decimus Assurance, misrepresent your identity or your affiliation with an entity, impersonate any person or entity or misstate the origin of any Material you are exposed to through the Decimus Assurance Websites. If you are in violation of any other obligations under the Terms of Use, you may also be subject to prosecution.

As a further condition of accessing restricted areas of the Decimus Assurance Websites, you shall not:

  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, racial, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limit transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;
  • Post or transmit any comments containing harassing or offensive language, using sexual references or nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activity online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or viruses, worms, Trojan horses or other code that has contaminating or destructive properties;
  • Forge, falsify, delete or modify any TCP/IP packet header or e-mail sender identifying information or impersonate or ‘spoof’ any other individual or entity;
  • Post or transmit any software or other material which violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right or derivative works without first obtaining permission from the owner; or
  • Post or transmit any information, software, or other material for non-Decimus Assurance authorized commercial purposes.

You are also prohibited from soliciting other users to join or contribute money to any online service or other organization, or advocate or attempt to get users to join in legal or illegal schemes.

The Digital Millennium Copyright Act. Decimus Assurance reserves the right to terminate your access to the Decimus Assurance Websites if it determines, in its sole and absolute discretion, that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Decimus Assurance and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. Any claim of infringement pursuant to the Digital Millennium Copyright Act should be made to the following designated agent: [email protected] and include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material claimed to be infringing or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or e-mail address.
  • A statement of good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

Children’s Online Privacy Protection Act (COPPA). Decimus Assurance does not market its products and services to and the Decimus Assurance Websites are not intended for use by children under thirteen (13) years of age. Decimus Assurance does not knowingly gather, solicit or use data from children under thirteen (13) years of age. Your use of the Decimus Assurance Websites constitutes your representation that you are not under thirteen (13) years of age.

Monitoring. Although Decimus Assurance has no obligation to do so, Decimus Assurance reserves the right at all times to (i) review communications to the Decimus Assurance Websites to determine whether they comply with the Terms of Use and applicable laws and regulations; and (ii) disclose any information regarding the Decimus Assurance Websites web boards or conferences or to remove any information or materials, in whole or in part, that Decimus Assurance deems unreasonable in its sole and absolute discretion. Decimus Assurance will treat any information it collects from you in accordance with its Privacy Notice. Decimus Assurance shall not have any liability or responsibility for the content of any communications posted to the Decimus Assurance Websites or for any errors or violations of any laws or regulations. Decimus Assurance will comply with any court order in disclosing the identity of any person posting communications on the Decimus Assurance Websites, consistent with applicable law and the Decimus Assurance Privacy Notice.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Decimus Assurance, its affiliates, directors, officers, content providers, subsidiaries, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys' fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Decimus Assurance Websites, your use of the Material, your linking to or from the Decimus Assurance Websites, or your violation of these Terms of Use. This obligation will survive your use of the Decimus Assurance Websites.

EXPORT RESTRICTIONS

You hereby acknowledge and agree that the Decimus Assurance Websites may contain software or technology subject to strict controls under applicable export laws. You hereby represent and warrant to Decimus Assurance that you shall comply with all export laws and restrictions and regulations of the United States Department of Commerce and all other United States or sovereign agency or authority, and that you shall not export, or allow the export or re-export of any Materials or other content provided via the Decimus Assurance Websites in violation of any such restrictions, laws or regulations, unless and until all required licenses and authorizations are obtained as specified in the applicable U.S. Export Administration Regulations (or any successor supplement or regulations). The foregoing notwithstanding, under no circumstances may you allow the Materials and/or the underlying information to be downloaded or otherwise exported or re-exported (i) to any country subject to U.S. trade sanctions covering the Materials, to individuals or entities controlled by such prohibited countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department’s Table of Denial Orders.

MODIFICATION TO TERMS OF USE

Decimus Assurance reserves the right to make changes to the Decimus Assurance Websites and our Terms of Use. Your continued use of the Decimus Assurance Websites shall be deemed to be acceptance of the Terms of Use and our Privacy Notice, the terms of which are hereby incorporated by reference. If you object to any provision of these Terms of Use or subsequent modifications, or become dissatisfied with the Decimus Assurance Websites in any way, your only recourse is to immediately terminate use of the Decimus Assurance Websites.

APPLICABLE LAW

All matters relating to your access and use of the Decimus Assurance Websites shall be governed by the federal laws of the United States and the laws of the State of New Jersey, without giving effect to its conflict of law provisions. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of the Decimus Assurance Websites shall be in Sussex County, New Jersey, if in state court, or in the District of New Jersey, if in Federal Court. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. You are solely responsible for compliance with any laws applicable to you as a result of your access to or use of the Decimus Assurance Websites.

LIMITATION ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Decimus Assurance Websites or these Terms of Use must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Decimus Assurance to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

GENERAL

If any provision of these Terms of Use is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in effect. Decimus Assurance’s failure to act with respect to a breach by any person using the Decimus Assurance Websites does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Decimus Assurance may assign its rights and duties under these Terms of Use without such assignment being considered a change to these Terms of Use and without notice to you. You may not assign this Agreement without the prior written consent of Decimus Assurance. These Terms of Use, the Privacy Notice, any operating rules, policies, or procedures that may be posted from time to time by Decimus Assurance on the Decimus Assurance Websites, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms of Use and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.