These Terms and Conditions (these “Terms”) govern your access to and use of (i) www.obierisk.com and any successor or affiliated website or subdomain thereof, including any content, functionality, or data offered on or through www.obierisk.com (collectively, the “Site”), and (ii) all products and services offered on or through the Site (collectively, the “Services”). As used in these Terms and the Additional Terms (as defined below), “Obie,” “we,” “us” or “our” refers to Creisoft, Inc. and Obie Insurance Services, LLC, collectively.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR SERVICES. By continuing to access or use the Site or Services, you acknowledge that you have read and understand these Terms and agree to be bound by them. If you do not accept or understand all of these Terms, do not access or use the Site or Services and immediately cease your current access and use.
The Site and Services are offered and available to users who are 18 years of age or older and who reside in the United States. If you are agreeing to be bound by these Terms on behalf of your employer or another entity, you must have the full legal authority to bind your employer or such entity to these Terms. By using the Site or Services, you represent and warrant that you meet all of the foregoing eligibility requirements and that all information provided by you to us is truthful, accurate and complete. If you do not meet all of these requirements (as applicable), you must not access or use the Site or Services.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Conditions of Access and Use.
Obie is constantly changing and improving the Site and Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. We reserve the right to withdraw, suspend, stop or change the Site and/or any of our Services in our sole discretion without notice and without liability. Your access to the Site and your use of our Services may be revoked by us at any time with or without cause and with or without notice, unless otherwise prohibited by applicable law.
Obie also reserves the right to limit the availability of the Site or Services to any person, organization, geographic area or jurisdiction, at any time and in its sole discretion.
You are responsible for (i) making all arrangements necessary for you to have access to the Site and (ii) ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
You agree that any document or electronic information delivered through the Site by “clicking” on certain designated spaces in or relating to such document shall be deemed to be “in writing” and to have been “signed” and delivered for all purposes by you. Any record of such confirmation (including, without limitation, electronic records) shall be deemed to be “in writing.” You further agree that you shall not contest the legally binding nature, validity or enforceability of any document or confirmation based on the fact that it has been executed in the foregoing manner and expressly waive any and all rights you may have to assert such a claim. Finally, you agree that, unless otherwise required by law, all statements, communications, documents, notices, and disclosures provided by Obie to you in connection with the Site or Services may be provided in accordance with our Agreement to Engage in Electronic Transactions.
2. Insurance Services.
You are not required to use Obie for insurance brokerage services in order to obtain an account and to use the Site. You may use the Site for free. However, if you choose to use Obie’s insurance brokerage services (“Insurance Brokerage Services”), you agree to: (i) designate Obie as your broker of record or agent of record; (ii) authorize Obie to communicate such designation as broker or agent of record to any insurance carrier, your prior insurance producer, and any other person or entity Obie determines should be advised; (iii) work exclusively with Obie for such Insurance Brokerage Services unless we have otherwise expressly agreed; and (iv) permit Obie to receive any commission or other form of compensation that any insurance carrier agrees to pay to Obie in connection with the provision of Insurance Brokerage Services. For further information regarding Obie’s compensation, please see our Compensation Disclosure.
3. Intellectual Property Ownership.
This Site, all of its Content (as defined below) and the Services are the property of Obie, its licensors or other providers of such materials and are protected by United States and international copyright, patent, trade secret, trademark and other intellectual property or proprietary rights laws. When accessing and viewing the Site in the form that it is provided to you over the Internet, your computer or your web browser may temporarily store or automatically cache copies of the content of the Site, including without limitation the information, software, files, documents, text, photographs, images, audio and video, and the design, selection and arrangement thereof, as well as any materials accessed through or made available for use or download through the Site (“Content”). The Content may not otherwise be copied, distributed, modified, adapted, translated, reproduced, published, republished, publicly displayed, publicly performed or used, in whole or in part. You may not frame or utilize any other techniques to enclose, or link to, any name, trademark, service mark, logo, Content or other proprietary information (including images, text, page layout, or form) of Obie without our express written consent. These Terms permit you to use the Site and Services for your own personal, non-commercial use and/or your internal business purposes only. Modification of any Content or Services or the use of any Content or Services for any other purpose is a violation of the copyrights and other proprietary rights of Obie and is prohibited. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site or Services.
The Obie name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Obie or its affiliates or licensors. You may not use such marks without the prior written permission of Obie. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
If you provide to us or to any of our affiliates any suggestions, designs or ideas for the Site or Services or for enhancements or improvements to the Site or Services (collectively, “Suggestions”), we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect and maintain our rights in the Suggestions.
4. Restrictions on Use.
You may use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to: (A) use the Site or Services in any way that violates any applicable federal, state, local or international law or regulation; (B) use the Site in any manner that could disable, overburden, damage, or impair the Site or Services or interfere with any other party’s use of the Site or Services, including their ability to engage in real-time activities through the Site; (C) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content on the Site; (D) introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Site via a denial-of-service attack or a distributed denial-of-service attack; (E) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or (F) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services or that may harm Obie or users of the Site or Services or expose them to liability.
You agree to use the Site and Services solely for your own personal use and benefit or for your organization’s internal business purposes. You may not use the Site or Services for any commercial, financial or other similar purpose without the prior written consent of Obie.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, or if you use the Services in breach of these Terms, your right to use the Site and Services will cease immediately and you must, at our option, return or destroy any copies of Content you have made. No right, title or interest in or to the Site, the Services or any Content is being transferred to you, and all rights not expressly granted are reserved by Obie. Any use of the Site or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
5. Consent for Advertising or Marketing Purposes.
As consideration for use of the Site and Services, you grant Obie a non-exclusive, royalty-free, perpetual, irrevocable license and right to publicly display, distribute, reproduce and use your name, photo, likeness, business affiliation or similar information throughout the world in any media solely as part of the features of the Site and Services, including as part of Obie’s advertising or marketing.
6. Accuracy and Integrity of Information; Disclaimer of Warranties.
Although we attempt to ensure the integrity, completeness and accuracy of the Site, we make no representations, warranties or guarantees whatsoever as to the integrity, completeness or accuracy of the Site or any Content, and any reliance you place on such information is strictly at your own risk. Obie disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Content. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that the inaccuracy can be corrected.
YOUR USE OF THE SERVICES, THE SITE, AND THE CONTENT IS AT YOUR OWN RISK. OBIE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SERVICES, THE SITE, OR THE CONTENT, ALL OF WHICH ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.”
OBIE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. OBIE FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, ADEQUACY, COMPLETENESS OR TIMELINESS OF ANY OF THE SERVICES OR THE CONTENT ON THE SITE, AND FURTHER EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM OR ARISING OUT OF ANY ERRORS OR OMISSIONS IN THE SERVICES OR CONTAINED IN THE CONTENT ACCESSED ON OR THROUGH THE SITE. OBIE DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY CONTENT OR OTHER INFORMATION PUBLISHED THROUGH THE SITE.
OBIE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL OBIE, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY LOSSES, DAMAGES OR EXPENSES OF ANY KIND, INCLUDING WITHOUT LIMITATION GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF OBIE OR OTHERS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, IN EACH CASE ARISING OUT OF OR RELATING IN ANY WAY TO: (A) ANY PARTY’S USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT, OR ANY SERVICES, OR ANY THIRD-PARTY SITE TO WHICH THE SITE OR THE CONTENT LINK; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) THE COST OF GETTING SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANYONE ON THE SITE; (G) THE UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY SITE; (H) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF OBIE, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR OTHERWISE, ARISING IN CONNECTION WITH THE SITE; (I) ANY FAILURE TO SUBMIT OR DELAY IN SUBMITTING (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SITE) APPLICATIONS FOR INSURANCE PRODUCTS OR SERVICES; (J) ANY ACTIONS ASSOCIATED WITH THE SUBMISSION OR HANDLING OF AN INSURANCE CLAIM; (K) ANY ACTIONS ASSOCIATED WITH THE DELAY IN ISSUING ANY CERTIFICATE OF INSURANCE OR THE HANDLING OR TRACKING OF CERTIFICATES OF INSURANCE; OR (L) ANY OTHER MATTER ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE CONTENT OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL OBIE’S, ITS AFFILIATES’ OR THEIR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’, EMPLOYEES’, REPRESENTATIVES’, AGENTS’, MANAGERS’, OFFICERS’ OR DIRECTORS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED IN THE AGGREGATE THE AMOUNT OF COMMISSION, FEES OR OTHER REMUNERATION ACTUALLY EARNED BY OBIE FOR PROVIDING SERVICES TO YOU DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE LAST ACT OUT OF WHICH SUCH LIABILITY AROSE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICES OR THE CONTENT IS TO DISCONTINUE USING THE SITE OR THE SERVICES OR ACCESSING THE CONTENT, AS APPLICABLE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY LAW.
8. Limitation of Liability – Waiver of Unknown Claims.
BY ACCESSING THE SITE OR USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE . . . RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE . . . RELEASED PARTY.”
TO THE EXTENT APPLICABLE, YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HEREBY EXPRESSLY WAIVE ANY SIMILAR RIGHTS UNDER THE LAW OF ANY OTHER STATE.
You agree to defend, indemnify and hold harmless Obie, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns (each, an “Indemnified Party”), from and against any and all claims, suits, proceedings, actions, judgments, fines, penalties, damages, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by any Indemnified Party in connection with, arising out of or in any way related to: (i) your access or use of the Site, the Content or any Services; (ii) your violation or alleged violation of these Terms, including without limitation your violation or alleged violation of any applicable law; (iii) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; and (iv) your use of any Third-Party Services or Third-Party Sites (each as defined below). Without limiting your indemnification obligations hereunder, Obie reserves the right to assume, at its own expense and with counsel of its choosing, the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
10. No Legal Advice.
Any information you access on the Site or via the Services does not constitute a recommendation, advice, or complete description of any products, services, or plan.
Coverage is provided by various insurance companies and is subject to the terms and conditions contained within your specific policy. The availability of coverage under your specific policy depends on the policy language, the facts of the claim and the law of the jurisdiction governing the interpretation of the policy.
You must not rely on the information on the Site as an alternative to legal advice from an attorney nor should you delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action based on the Services or Content.
11. Third-Party Services and Links.
Obie may make branded services of third-party vendors available to you to help manage your risks (“Third-Party Services”). Although these Third-Party Services may be billed through Obie, Obie assumes no liability for the Third-Party Services or any disputes associated with any Third-Party Services.
12. Licensed Entity.
Obie Insurance Services, LLC is licensed as an insurance broker or agent in various U.S. states. The Site is not intended as a solicitation for insurance in any state or province where Obie is not licensed.
13. Applications Do Not Bind Insurance.
Submitting an application for an insurance quotation through the Site does not constitute a binder of insurance coverage, although it may be used by Obie to provide an estimate of the terms, conditions, and costs of coverage. A quotation may be subject to receipt of additional information or other conditions.
14. Benchmarking Data.
Obie uses commercially available benchmarking data. Obie makes no guarantee as to the accuracy of its benchmarking data. Moreover, this information is not a quote or an offer of coverage at a specified price.
15. No Underwriting Services.
Insurance companies decide to offer, renew, cancel or non-renew insurance coverage or otherwise provide customers with the requested insurance products. Obie does not provide any underwriting services and is not responsible or liable for any resulting loss.
16. Certificates of Insurance.
Obie may obtain, review and track certificates of insurance for you. Obie does not independently verify the information in these certificates of insurance. You must not rely on the information provided by Obie as an alternative to legal advice from an attorney, nor should you delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action based on such information.
You should also understand that a certificate of insurance is an informational document that evidences the existence of the policy to which it refers. It does not create any coverage or legal obligations between the insurance company and the certificate holder, nor does it confer additional insured status to a certificate holder. A certificate of insurance does not alter the terms of the parties’ underlying contract or indemnity agreement.
A certificate of insurance typically identifies the agent or broker, the insured, and the insurer providing the coverage. It also gives basic information about the policy to which it refers, including the type of insurance, the policy number, the effective and expiration dates of the policy and the liability limits. However, neither the insurance company nor the broker who issued the certificate of insurance has a duty to inform a certificate holder of inaccuracies in, or subsequent changes to, the information contained in a certificate of insurance. There is also no duty to inform the certificate holder that the policy to which the certificate refers has been cancelled or was not renewed.
To fully understand the potential coverage provided under a policy, a certificate holder should secure a copy of the insurance policy and consult with a qualified attorney.
17. Policy Summaries.
The coverage, exclusion, endorsement and other summaries provided by Obie are for general informational purposes only. They are not intended to provide legal advice, and they should not be treated as such.
Obie uses its best efforts to prepare the policy summaries, but does not guarantee their accuracy. You should review your actual policy to confirm coverage. The availability of coverage under your specific policy depends on the policy language, the facts of the claim and the law of the jurisdiction governing the interpretation of the policy.
18. No Modification of Insurance Policy or Coverage.
Unless otherwise expressly stated in writing, nothing contained on the Site or provided to you by Obie should be construed as modifying, changing or altering your policy or coverage thereunder.
19. A.M. Best Ratings.
The A.M. Best ratings for insurance companies change frequently. Contact Obie for the most current rating.
20. Access Outside the United States.
Obie is based in the State of Illinois in the United States. We provide the Site and Services for use only by persons located in the United States, and we make no claims that the Site, the Services or any Content is accessible or appropriate outside of the United States. Access to the Site or Services may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you are responsible for compliance with foreign and local laws. Obie does not provide insurance brokerage or other services to governments, governmental agencies, businesses, individuals, other groups, or any of their agents that are subject to U.S. trade sanctions. By using the Site or Services, you represent and warrant that you are not subject to any U.S. trade sanctions.
21. Governing Law.
The laws of the State of Delaware, excluding the conflicts of law principles thereof, will apply to any disputes arising out of or in any way related to these Terms, the Additional Terms, the Site or the Services. You acknowledge that these Terms may evidence a transaction involving interstate commerce. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
You agree to submit to the personal jurisdiction of the federal and state courts located in Cook County, Illinois for any actions for which Obie retains the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in Section 23 below, including any provisional relief required to prevent irreparable harm. You further agree that Cook County, Illinois is the proper forum for any appeal of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable, and you agree that any such proceedings shall be instituted exclusively in the federal or state courts of Cook County, Illinois.
22. Informal Dispute Resolution
For any dispute with Obie, you agree to first contact us at legal@ObieRisk.com and to attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve the dispute after 60 days, you agree that any and all disputes, claims or controversies arising out of or relating to these Terms, the Additional Terms, the Site or the Services shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 23 below.
Either you, following the expiration of the 60-day period above, or Obie, at any time, may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. You must cooperate with JAMS and Obie in good faith in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. You agree that you will participate in the mediation in good faith, and you agree to split equally with Obie the cost of any such mediation.
All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OBIE.
If any dispute between you and Obie is not resolved by informal negotiations or mediation, then the matter will proceed to arbitration as set forth below.
Any dispute, claim or controversy arising out of or relating to these Terms or the Additional Terms, including the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or arising out of or related to your use of the Site or Services shall, in each case, be determined by arbitration in Chicago, unless otherwise agreed by Obie. The arbitration shall be administered by JAMS pursuant to either its Comprehensive Arbitration Rules and Procedures or Streamlined Arbitration Rules and Procedures depending upon the amount of the damages claimed, excluding attorneys’ fees. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude either you or Obie from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Nothing in this paragraph shall prevent Obie from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site, the Services, the Terms or Additional Terms must be filed within one (1) year after such claim or cause of action arose.
If any action at law or in equity is necessary to enforce these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
24. No Class Actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAKE AGAINST OBIE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SITE OR THE SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS OBIE AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
YOU FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND OBIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION.
25. Entire Agreements; No Waiver; Severability.
The Terms and Additional Terms (and any terms which are incorporated by reference herein or hereinafter implemented) constitute the entire agreement between you and Obie in connection with your use of the Site and Services. The titles contained in the Terms are inserted only as a matter of convenience and have no legal or contractual effect. You agree that the Terms will not be construed against Obie by virtue of having drafted them.
The failure of Obie to enforce any of its rights or to act with respect to a breach of the Terms by you or others does not constitute a waiver of any such rights and will not limit Obie’s rights with respect to such breach or any subsequent breaches. No waiver by Obie of any of the provisions of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Obie.
In the event that any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
26. Contact Us
You may contact us by sending an email to firstname.lastname@example.org or by mailing us at:
Obie Insurance Services, LLC
Attn.: Legal Department
1134 W Hubbard St. Floor 3
Chicago, IL 60642
27. Modification of Terms
Obie reserves the right to change these Terms from time to time and at its sole discretion. Thus, you should periodically visit this page to review the current Terms so you are aware of any such revisions to which you are bound. Your continued use of the Site or Services following the posting of revised Terms means that you accept and agree to the changes. The last time these Terms were revised is set forth below.
Revision Date: May 03, 2021