(last revised August 15, 2023)
At The Gray Insurance Company, we specialize in supporting companies that operate in the construction, energy, and transportation industries. With over 60 years of experience insuring business customers in those industries, our vision is to be the leader in our market by changing how people think about insurance. We work to realize this vision by offering exceptional products and services and providing value through a workforce inspired to serve our customers and communities.
We see technology as a key driver of our ongoing improvement efforts. So, we continue to invest in our Online Resources, which we provide on our own behalf and on behalf of our subsidiaries and other affiliates (collectively, our “Affiliates”). Our Online Resources include a variety of helpful items for our customers, potential customers, and other stakeholders. For example, authorized end-users can utilize standardized forms and information sharing tools, among other things. These items serve diverse functions but can be separated into two main groups, namely features end-users can access without a user account (“Publicly Accessible Features”) and features end-users can only access with a user account or other special permission (“Restricted Access Features”). We use this distinction to tailor appropriate access and use rules, which are discussed in more detail below.
- when the pronouns “we”, “us”, or “our” are used, “The Gray Insurance Company” is meant as the referent; and
- when the pronoun “you” is used, both the reader end-user and any person that individual helps or represents when using our Online Resources are collectively meant as the referent.
- “or” is not exclusive;
- “will” means “shall” in the context of obligations;
- “promptly” means “as soon as is reasonably possible but within five business days”;
- words like “including” are deemed to be followed by the words “without limitation”;
- words denoting the singular have a like meaning when used in the plural, and vice-versa.
- own or license from others;
- provide directly or indirectly, such as through third-party technology and service providers not affiliated with us (“Third-Party Providers”), on our own behalf or on behalf of our Affiliates; and
- make available for access over the Internet.
Our Online Resources include websites and related applications, content, information, intellectual property, and other resources.
Our Online Resources include the specific resources described in the table below.
The Gray Insurance Company’s main website (www.grayinsco.com).
The Gray Insurance Company websites for its Affiliates, including websites for:
- The Gray Casualty & Surety Company (www.graysurety.com);
- Gray Specialty (www.grayspecialty.com); and
- Gray Surplus Lines Insurance Company (www.graysurpluslines.com).
The proprietary software applications, including Software-as-a-Service (SaaS) applications, accessible through or incorporated into the Main Website or an Affiliate Website, including:
- Find an Agent
- Find a Broker
- Report a Claim
- Customer Portal
- Request Access
The images, text, videos, and other content accessible through or incorporated into the Main Website, an Affiliate Website, or an Online Application, including:
- Customer Applications
- Online Forms
- Online Notices
- Newsletters (Opt-In)
The data and other information accessible through or incorporated into the Main Website, an Affiliate Website, an Online Application, or any Online Content.
Online Resource IP
The trade secrets, trademarks, copyrights, and other intellectual property rights embodied in or associated with the Main Website, an Affiliate Website, an Online Application, any Online Content, or any Online Data.
We are not responsible for Third-Party Resources.
- access, interact with, or navigate any Publicly Accessible Features, such as through your internet browser, a mobile application, or other technical means;
- capture, copy, display, download, print, process, share, or transfer any Online Content, Online Data, or other information or materials sourced from our Online Resources;
- connect, interface with, or link to any of our Online Resources;
- submit an online application, online form, or other communication on or through our Online Resources;
- give us information about you or others for subsequent use or processing on our Online Resources, such as by separately providing us with data or documents for upload;
- electronically communicate with us about our Online Resources, such as by providing feedback or requesting information or support via our posted contact information;
- indirectly access or utilize our Online Resources, such as by way of third-party applications, automated means, or individual representatives; or
- subsequently use any Online Content, Online Data, or Online Resource IP in your custody or control following any of the foregoing activities, including any Downloaded Materials or other files or screen captures stored on your device.
You may not use our Online Resources if you do not, or at any point in time fail to, satisfy all STATED requirements.
You must satisfy basic eligibility criteria to use our Online Resources, including Publicly Accessible Features.
Before you begin using our Online Resources, including by navigating the Publicly Accessible Features, make sure you are eligible to do so. To be eligible to use our Online Resources, you must:
- be at least 18 years old;
- be a US resident; and
You must satisfy these requirements to comply with our acceptable use policies and compliance obligations under applicable law. By using our Online Resources, you demonstrate to us that you satisfy such requirements. We rely on that demonstration to provide you with access to our Online Resources, and you agree that reliance is reasonable. If you do not satisfy all requirements, you must receive a written requirements waiver from one of our authorized representatives before you use the Online Resources. For inquiries about such waivers, please contact firstname.lastname@example.org.
You must satisfy additional eligibility criteria to use Restricted Access Features.
To be eligible to sign up for and access Restricted Access Features, you must satisfy additional requirements, including the following:
- you must be an employee, agent, or other authorized representative of an actual or potential Customer, Third-Party Provider, or other person that has an ongoing business relationship with us; and
- you must not be an employee, agent, or other stakeholder of any person that directly competes, or is likely to directly compete, with us or any of our Affiliates in the market for similar products and services.
You sign up for access to Restricted Access Features by creating a User Account.
You must have a user account (a “User Account”) to access Restricted Access Features. If you qualify, our support team will help to set up a User Account for you. Simply follow the instructions provided by our support team or the sign-up portal to create your User Account. The sign-up process collects information about you, links your User Account to relevant stakeholder accounts and resources, authenticates your identity, obtains your acknowledgement or consent to required legal notices, and sets your initial account information. We expect you to monitor your User Account so you can timely respond to messages, notices, and changes, and you agree that expectation is reasonable.
To create a User Account, you need to disclose information about you and others.
The sign-up portal asks for information about you, so make sure you have that information handy before you start the sign-up process. The requested information includes data that will help us to verify your identity (“Identification Data”), such as your name, your date of birth, and your contact information. The sign-up portal may also ask you to provide other personal data about you to help us to provide special features or improve your online experience. The requested information is necessary to create a User Account and move forward in the sign-up process.
We follow our privacy policies for the personal data you provide to us.
You authorize us to take steps to verify your identity and authority.
We may use our personnel, a third-party vendor, technical means, or other lawful methods to confirm your identity and your authority to act as another person’s representative. You agree to cooperate with us and our third-party vendor to complete the confirmation process, such as by providing accurate information and authentic documents, as requested. You also consent to our third-party vendor sharing the outcome of its independent verification process with us.
Once sign up is complete, you will have access to some Restricted Access Features through your User Account.
You will have access to some Restricted Access Features once you finish the sign-up process and your User Account is activated. All Restricted Access Features are subject to availability, and we may modify, replace, or remove any features at any time in our discretion. We are not required to provide or support any specific features, unless explicitly stated otherwise in a Separate Contract.
Once the User Account is complete, you will begin to receive alerts.
The Restricted Access Features may include customizable alerts. We may alert you via text message, call, email, or push notification with relevant information. Alerts are automated and will send when established criteria are met. If you disable any of these alerts, you may miss important notices or opportunities.
You consent to electronic communications by providing us your contact information.
Your use of the Online Resources may require that you send and receive different forms of electronic communications with us and our support team (“E-Communications”), like e-mail communications, text messages, and phone calls. E-Communications are subject to our Privacy Notice, and, by accessing or using the Online Resources and providing us with information about how to contact you via E-Communications (such as, your phone number or e-mail address), you demonstrate your consent to receive E-Communications as well as your consent to the following terms:
- E-Communications may be recorded, stored, and reviewed for quality assurance and training purposes;
- E-Communications may contain your personal data or data associated with a person you represent, and you acknowledge and accept the risks inherent in transmitting that information via E-Communications; and
- we or someone acting on our behalf may contact you through the phone number you provide, including calls and text messages, to receive informational or product- or service-related communications (such as, progress tracking, reminders, etc.) that may contain your personal data (message and data rates may apply).
You may opt-out of some E-Communications and continue to access or use the Online Resources by following the opt-out instructions in such communications. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message. Please note, by withdrawing your consent, some features and certain services may no longer be available to you. Keep in mind that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about the Online Resources or related products and services.
Some Restricted Access Features require a Separate Contract.
Although you will have access to some Restricted Access Features after your User Account is activated, other Restricted Access Features require special authorization. For example, some Restricted Access Features are only available to our current Customers’ authorized representatives and may require linking your account to the Customer’s administrative account under a Separate Contract.
Your permission to use the Publicly Accessible Features is limited.
You’ll have a limited license to use some Restricted Access Features after signing up for a User Account.
We may modify our Online Resources from time to time.
We may from time to time in our sole discretion develop and provide technology updates, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any features or functionality. For software components of Downloaded Materials, based on your device settings, when your device is connected to the Internet either:
- the software will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
We reserve all rights in our Online Resources not expressly granted to you.
This license does not provide for special government rights.
The information technology components of our Online Resources constitute commercial computer software, as that term is defined in 48 C.F.R. § 2.101. Accordingly, if you are or are representing any US government agency or its contractor, you receive only those rights with respect to our Online Resources as are granted to all other end-users under license, in accordance with: (i) 48 C.F.R. §§ 227.7201 to 227.7204, with respect to the Department of Defense and their contractors, or (ii) 48 C.F.R. § 12.212, with respect to all other US government licensees and their contractors. This restriction also extends to similar limitations for other government agencies under other laws, including state and local laws.
We are not responsible for Third-Party Resources.
Our Online Resources may display, include, link to, or make available Third-Party Resources. You acknowledge and agree that we are not responsible for Third-Party Resources, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, security, quality, or any other aspect. We do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Resources. Third-Party Resources and links to those materials are provided solely as a convenience to you, and you access or use them entirely at your own risk and subject to such third parties’ terms and conditions.
We may collect additional information from your use of our Online Resources.
You acknowledge that when you access, download, install, or otherwise use our Online Resources, we may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use. You also may be required to provide certain information about yourself as a condition to using our Online Resources, and our Online Resources may provide you with opportunities to share information about yourself with others, including Customers or Third-Party Providers. All information we collect through or in connection with our Online Resources is subject to our Privacy Notice (https://grayinsco.com/privacy-policy/).
Your permission to use our Online Resources depends on you fulfilling your responsibilities.
You agree that you will not disclose Confidential Information that you have access to.
You agree that you will not disclose Confidential Information to any other person unless a Separate Contract permits disclosure. You also agree to take reasonable steps to protect Confidential Information in your possession from unauthorized access or disclosure. If Confidential Information in your possession is accessed without proper authorization or someone else requests that you provide such access (including through a subpoena or court order), unless legally prohibited, you agree to give us immediate notice of that access or request with detailed information and copies of related documents. If we ask for your help in responding to the request, you agree to cooperate with all reasonable requests.
You agree that you will not violate our intellectual property rights or use any Online Resource IP without permission.
Our Online Resources include Online Resources IP, which are protected by intellectual property rights and applicable laws. We benefit from these rights, and they are valuable to us. For example, our Online Resources IP includes the kinds of rights listed below.
- Trademark Rights. We use trademarks, service marks, logos, design elements (sometimes called “trade dress”), and other devices (collectively, “Marks”) to distinguish our products and services from other companies’ products and services. We own or license our Marks, which allow us to develop goodwill in our brand.
- Copyrights in Works. We use content (like written documents, images, videos, recordings, software, displays, and data sets) and other works of authorship (collectively, “Works”) that are protected by copyrights. We own or license the copyrights in those Works, which allow us to give participating end-users conditional access to copies of those Works.
- Patent Rights. We may have rights to use or control the use of patented inventions (“Patent Rights”). We own or license such Patent Rights, which allow us to make, outsource, or sell covered products to participating end-users.
- Other Online Resources IP. We own or license our technology, websites (including the associated domain names), and other software and features customized for the Online Resources.
This list does not include all Online Resources IP, and available Online Resources IP may change over time as we modify the available features, functionality, and associated products and services.
Your permission to use our Online Resource IP is limited and any use beyond those limitations is considered infringement.
You agree to take certain actions, and refrain from certain actions, to protect our Online Resource IP.
You agree to not use the Online Resources IP in any way that we or our applicable licensors do not expressly permit in writing. Specifically, you agree:
- you will not use our Marks without our prior written permission for each such use;
- you will only use the Online Resources for your personal, non-commercial use or as an authorized Customer or Third-Party Provider representative under a Separate Contract;
- you will not alter or delete any proprietary rights notices provided with any Works, Marks, or other materials (like “©”, “®”, “TM”); and
- you will not violate copyrights in the Works made available to you (such as by reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting the Works), but you may do any of the following activities with the Works if done for your non-commercial use and not for further reproduction, publication, or distribution: temporarily store copies in your computer’s RAM incidental to your access; store files that are automatically cached by your internet browser; print or download one copy of content made available for printing or downloading, provided you delete or destroy the copy when you no longer have permission to use it; download a single copy of applications provided for download to your computer or mobile device, provided you agree to be bound by any additional end-user license agreement for the applications; and make use of social media features we enable.
You agree to follow third-party license terms for Third-Party Resources.
Your use of Third-Party Resources may require you to agree to third-party license terms. Your agreement to those terms is required to use the applicable products and services in connection with the Online Resources. You agree to review and comply with any such third-party license terms you demonstrate your agreement to and to indemnify and defend Gray Insurance Indemnitees (including us) against a third-party licensor’s claims that you breached those terms.
You agree you will not use the Online Resources in a prohibited way.
You may have access to certain technology while using the Online Resources. Such technology may include software, hardware, mobile apps, websites, digital files, and other information technology resources, and any Online Resources IP associated with those items. You must not use the Online Resources technology in any way that the technology is not designed for you to use. In addition, you agree:
- you will not use our Online Resources in any way: that violates applicable law (including, without limitation, any laws governing the export of data or software to and from the US); to exploit or harm others; to obtain anyone else’s personal data without their express permission; to transmit or enable you to send any advertising or promotional material or solicitations; to impersonate anyone else (if you have authority to represent someone, you must represent that person in your own name); that restricts or inhibits anyone’s permitted use or enjoyment of our Online Resources; or that may harm us or our Affiliates or that may expose us or our Affiliates to liability;
- you will not use any means (including automated devices and processes) to access any of our Online Resources for the purpose of monitoring or copying data and other materials associated with such resources or that interferes with such resources’ functions;
- you will not introduce any harmful or malicious code to our Online Resources or attack our Online Resources with a denial-of-service attack or other attack;
- you will not attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from our Online Resources;
- you will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available our Online Resources, or any our Online Resources features or functionality, to any third party for any reason, including by making our Online Resources available on a network where it is capable of being accessed by more than one device at any time;
- you will not access our Online Resources in order to build a similar or competitive online resource, mobile app, website, product, or service;
- you will not use our Online Resources in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any safety-critical applications, like medical or life-support systems; and
- you will not attempt to gain unauthorized access to, interfere with, breach authentication and security measures for, or damage or disrupt our Online Resources, or otherwise remove, disable, circumvent, or create or implement any workaround to any copy protection, rights management, or security features in or protecting our Online Resources.
We may use any feedback you give us without restriction or compensation to you or any other person.
If you give us any feedback or suggestions regarding the Online Resources or related products or services (“Feedback”), you hereby assign and will assign to us all rights in such Feedback and agree that we shall have the unrestricted right to use and exploit such Feedback and related information in any manner we consider appropriate or useful. We will treat any Feedback you provide to us as non-confidential and non-proprietary unless a Separate Contract states otherwise. You agree that you will not submit to us any information or ideas as feedback that you consider to be confidential or proprietary, or that you do not have a right to disclose or submit.
You agree to cooperate with us and only provide accurate information to us.
Our Online Resources rely on your cooperation. You agree to cooperate by, among other things, keeping information current in your User Account, promptly responding to our support team’s information requests, and maintaining your device, downloaded software, and other applicable resources in good working order (including by promptly installing software updates). You also agree to only provide us with information that is accurate and complete and that you can lawfully share given the policies reflected in our Privacy Notice. We are not responsible for any service delay or failure caused by your failure to cooperate.
You agree to not violate anyone else’s privacy rights.
Your use of our Online Resources involves information processing activities and associating those activities with individuals who are identified or may be identified. In addition, a participating end-user may have the opportunity to provide further information about identified or identifiable individuals through our Online Resources. For these reasons, any such information may be personal to such individuals and protected by applicable data security and privacy laws. You agree to comply with applicable privacy and data security laws and only use our Online Resources to process someone else’s information if you have that person’s express consent to do so or qualify as the individual’s legal representative.
You agree not to let anyone else access or use your User Account.
Your User Account is unique to you and may not be used by anyone else to access or use our Online Resources. You are responsible for keeping your access credentials (such as, your username and password) safe from unauthorized use. You also agree not to share your access credentials with anyone else. We will not ask you for your password outside the login portal, so you should not respond to any unsolicited request for that information, which may be from a scammer pretending to be us. You are responsible for all activity on your User Account. We may (but are not obligated to) monitor and disable your User Account for suspicious activity.
You agree not to share harmful or forbidden content through the Online Resources.
You will not share harmful or forbidden content, including as defined by law or our published policies, on our Online Resources. This prohibition includes any content that the typical end-user may consider fraudulent, libelous, or obscene.
You agree to pay your fees on time and cover related expenses.
You agree to pay all fees you owe us (if any) for your use of our Online Resources on time and using a payment method that we make available to you. If you are making online payments, you implicitly represent and warrant to us that: any credit card, debit card and bank account information you supply is correct and complete; your charges will be honored by the stated financial institution; you will pay the posted charges plus applicable taxes; you are the person in whose name the card was issued; and you are authorized to make a purchase or other transaction with that card. We authorize and administer refunds and exchanges in our discretion, unless a Separate Contract states otherwise.
You agree to notify us immediately if you become aware of:
- any alleged or suspected fraud, waste or abuse practice in connection with our Online Resources;
- any alleged or suspected violations of applicable law or our written policies dealing with our Online Resources; or
- any demand, investigation, or any other request for information that seeks disclosure of information relating to us, our Affiliates, our other stakeholders, or our Online Resources.
Your use of our Online Resources is subject to geographic restrictions.
You must follow all export regulations regarding the Online Resources.
Our Online Resources (including technology components) may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You may not, directly or indirectly, export, re-export or release the Online Resources or any technology component to, or make them accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by applicable law. You must comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Online Resources or any technology component available outside the US.
You must comply with other applicable law.
Warranties & Disclaimers
You are deemed to make certain representations and warranties when you use our Online Resources or provide us with related information and materials.
When you use our Online Resources or provide us with related information and materials, you are deemed to represent and warrant to us that the following statements are true and will continue to be true during the Term:
- any information or materials you upload or provide for upload to our Online Resources do not and will not infringe any third party’s intellectual property right, privacy right, or other proprietary right, or otherwise require consent or authorization from, or any undisclosed payment to, any third party.
These representations and warranties are continuing, and you must immediately notify us in writing if any of them become or are suspected to be false.
We make some limited express warranties about our authority to provide you access to the Online Resources.
- we are allowed to provide you the Online Resources made available to you, excluding Third-Party Resources;
- the products and services we provide you as part of our Online Resources comply with applicable law; and
- our Online Resources and related information technology components materially comply with their documentation and specifications, if any, communicated to you in writing.
We disclaim all other warranties not expressly stated above.
We are not responsible for your device or other hardware.
We are not responsible for your mobile device, computer, internet connection, or other resources necessary for you to access or use the Online Resources. You should contact the appropriate manufacturer or service provider for help with troubleshooting issues with such items.
We are not responsible for things beyond our control.
We are not responsible for events beyond our reasonable control (“Force Majeure Events”), such as severe weather conditions, natural disasters, government actions, public health crises, war, riots, utility failures, and third-party criminal activity (including cybercrime). You agree that we are and will be excused from any failure or delay to provide you with the Online Resources or related products and services due to a Force Majeure Event and, we will have no liability associated with that failure or delay.
We do not guarantee Online Resources information, output, or outcomes.
WE (THE GRAY INSURANCE COMPANY) CANNOT AND DO NOT GUARANTEE THAT YOUR USE OF THE ONLINE RESOURCES OR ANY ASSOCIATED PRODUCTS OR SERVICES WILL PROVIDE USEFUL OUTPUT OR RESULT IN POSITIVE OUTCOMES. WE ARE AN INSURANCE COMPANY AND DO NOT PROVIDE INVESTMENT ADVICE OR SECURITY SERVICES.
The Online Resources may include errors or be interrupted.
The Online Resources and associated content, including alerts, may contain errors and may be interrupted. We are not and will not be responsible or liability to you or anyone you represent for such errors. We do not warrant that the Online Resources will be error free, up-to-date, or uninterrupted. For clarity, the Online Resources’ possible errors include: (a) destructive code (sometimes called “computer viruses”) that can harm the hardware and software you are using to access such technology and content; and (b) incorrect information. You are responsible for maintaining adequate protections (such as anti-virus software, data backups, and independent due diligence) to safeguard against those possible errors. Our Online Resources are provided on an “as is” and “as available” basis, and you use them are your own risk, without the benefit of any implied or default warranty of any kind.
You are responsible for safeguarding against errors and interruptions in the Online Resources.
We do not warrant the information on the Online Resources will be accurate, complete, or useful. Your reliance on such information is at your own risk. You agree we do not and will not have any liability for your reliance on such information, any decision you make, or any action or inaction you take. Our Online Resources do not replace the need for you to maintain regular data backups or redundant data archives. WE HAVE NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF YOUR DATA.
Remedies & Disputes
We are not liable for certain damages.
YOU AGREE THAT WE, OUR AFFILIATES, OUR LICENSORS, AND OUR AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE TO YOU (OR ANYONE YOU REPRESENT) FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE, OR HARDWARE MALFUNCTION), UNDER ANY LEGAL THEORY OR CAUSE OF ACTION (INCLUDING NEGLIGENCE), RELATED TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF OUR ONLINE RESOURCES, ASSOCIATED FEATURES AND FUNCTIONALTY, OR RELATED PRODUCTS AND SERVICES, INCLUDING CONTENT, EVEN IF FORESEEABLE AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO CONFIRM YOUR AGREEMENT TO THESE LIMITATIONS BY EXECUTING A WRITTEN WAIVER OF CONTRARY RIGHTS AND REMEDIES UPON OUR REQUEST.
Our and Our Stakeholders’ total liability is capped at the amount of fees you paid (if any).
YOU AGREE THAT OUR, AND OUR AFFILIATES’, OUR LICENSORS’, AND THEIR RESPECTIVE OWNERS’, OFFICERS’, EMPLOYEES’, AND AGENTS’, AGGREGATE TOTAL LIABILITY TO YOU (AND ANYONE YOU REPRESENT) WILL NOT EXCEED THE GREATER OF: (a) THE AMOUNT YOU PAID US TO ACCESS AND USE THE ONLINE RESOURCES DURING THE TWELVE MONTHS BEFORE THE LIABILITY FIRST AROSE; OR (b) $10 (USD). YOU ACKNOWLEDGE WE RELY ON THIS LIABILITY CAP WHEN MAKING THE ONLINE RESOURCES AVAILABLE TO YOU, INCLUDING RESOURCES MADE AVAILABLE FREE OF CHARGE. YOU WILL NOT BRING OR MAINTAIN ANY LAWSUIT CONTRARY TO THIS CAP. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limits on our liability do not affect your rights that cannot be waived under applicable law.
The liability limitations set out above do not apply to liability resulting from our gross negligence or willful misconduct. THE LIMITATIONS ALSO DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. OTHERWISE, THE LIMITATIONS APPLY TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW.
We may exercise our right to equitable relief to protect our intellectual property and other assets.
You acknowledge that we and our Affiliates will suffer irreparable harm if you breach your obligations regarding our Online Resources (including associated information and intellectual property) and, in such a case, we and our Affiliates will be entitled to seek and obtain specific performance of those obligations, including in the form of an injunction. You agree to waive any requirement that we or our Affiliates provide security in a lawsuit to obtain such specific performance.
You will indemnify and defend us and our stakeholders against certain third-party claims that you are responsible for.
You agree to indemnify us, and our Affiliates and licensors, and our and their respective owners, employees, directors, representatives, successors, and assigns (collectively, “Gray Insurance Indemnitees”), against final money judgments or settlements we are ordered to pay or settle with a third-party litigant in a Covered Suit (as defined in the following sentence), and you will reimburse us and other Gray Insurance Indemnitees for any attorneys’ fees, expert fees, and other costs associated with that litigation and settlement. Here, a “Covered Suit” means a lawsuit that a third party brings against us or another Gray Insurance Indemnitee based on that third person’s claim that:
- you provided us with or used the Online Resources to process any instructions, information or other materials that you did not have authority to provide us or use in such a way;
Your time to file lawsuits against us is contractually limited to one year.
You waive your rights to a jury trial and to participate in a class action in some cases.
Suspension & Termination
Your ability to use or continue to use our Online Resources is not guaranteed.
Your ability to use our Online Resources is not guaranteed and is subject to interruption, limitation, suspension, or termination, at any time. You rely on continued access to our Online Resources at your own risk, and we are not liable for any consequences of such reliance unless a Separate Contract explicitly states otherwise.
We may retain personal data you provide subject to ongoing confidentiality and privacy requirements.
We may modify features or functionality at any time without your consent.
The following provisions will also apply to your use of the Online Resources, and you agree that:
- we offer our Online resources to end-users—including you—as an independent contractor, only;
Communications & Contact
We will send formal notices to your listed e-mail address, and you are responsible for promptly reviewing those notices.
You are responsible for reviewing e-mail notices even if they are flagged as “spam.”
You are responsible for promptly reviewing each e-mail notice even if your e-mail provider sends the notice to a “spam” or “junk” folder, or otherwise redirects or withholds the notice from your inbox. Those actions depend on your e-mail service provider’s policies and your selected preferences, so we cannot control how our e-mail message is handled after sending the message to you. Please make sure you add our standard e-mail domain (“@grayinsco.com”) to your e-mail safe list to reduce the risk of not seeing e-mail notices in your inbox. If you have questions about how to do so or otherwise need technical support, please contact your e-mail service provider’s support contacts. We do not provide support for such third-party applications.
You are responsible for keeping your contact information up to date.
You are responsible for keeping your primary e-mail address and other contact information up to date. You can update your contact information by editing your User Account profile or contacting our support team. It may take up to thirty (30) days after you update your contact information for the change to take effect in our system. We may have sent communications to previously listed contact information in the interim, so please let us know your new contact information as soon as possible. If you represent one of our established Customers and need the contact information change to have immediate effect, please contact your company’s designated representative.
You must send formal notices to our designated contacts.
You can send questions and other feedback to our support team.