Terms & Conditions
Last Update: October 2015
License, site access and use limitation
For visitors to this Website, we grant you a limited license to access and obtain information about CFP for the purpose of potentially doing business with CFP. For insurance brokers only, we grant you a limited license to access and make use of this Website to order insurance on behalf of your clients in your capacity as a California licensed insurance agent or broker. The use of this Website is limited to obtaining quotations for the issuance by us of property and liability insurance coverage associated with personal and/or business property, and obtaining endorsements of such insurance.
The content and information on this Website (including, without limitation, price and availability of insurance products or services), as well as the infrastructure used to provide such content and information (the “System”), is proprietary to us. Accordingly, as a condition of using this Website, you agree not to use this Website or its contents or information for any purpose (direct or indirect) other than obtaining price quotations and insurance coverage for personal or business property.
Your account as an insurance broker
Before you as a licensed California insurance representative (i.e., a licensed California insurance broker or licensed agent) are granted full access to the Website and are authorized to transact business, we reserve the right to conduct checks and verifications to ensure you are indeed a licensed California insurance agent or broker.
On first use of this Website, you will be required to enter your online information in the Login Registration pages, where you will be invited to create your own USERNAME and PASSWORD.
You specifically warrant, by registering on the Website, that all information you have supplied is true, accurate and verifiable, and that your registration contains no material misrepresentations, including but not limited to regarding your identity, license information, authority or role.
You, as a licensed California insurance broker or agent, are responsible for maintaining the confidentiality of your Account details and for restricting access to your designated agents. You are entirely and solely responsible for maintaining the confidentiality and security of your login and password information. You agree to accept responsibility for all activities that occur under your Account (whether or not performed with your express consent). CFP has no responsibility for the truth or accuracy of any information entered into your Account under your USERNAME or PASSWORD.
You agree to notify CFP of any data compromise affecting the security of your network or system. You further agree to (a) immediately notify us of any unauthorized use of your Account, and (b) ensure that you properly exit from your Website session at the end of each visit.
In order to assure that all electronic transactions conducted using our Website are legally valid and enforceable as a result of the use of available electronic ordering technologies for the mutual benefit of the parties, you as a California licensed insurance agent or broker agree that:
a) You and we each may electronically transmit to, or receive from, the other party orders, confirmations and transaction information (collectively “Documents”) utilizing the System. You and we each agree to conduct all transactions pertaining to our policies by electronic means.
b) You and we each will use security procedures reasonably sufficient to ensure that all transmissions of Documents are authorized and to protect our business records and data from improper access.
c) You and we each adopt as our respective signatures your and our Sender Identification which is to be affixed to or contained in each Document transmitted by such party (“Signature(s)”). You and we each agree that the Signature affixed to or contained in any transmitted Document shall be sufficient to verify such party intended to sign the document and originated such Document.
d) You and we each will use the security procedures required pursuant to these Terms & Conditions to protect the confidentiality of the parties’ Signatures.
e) Documents shall not be deemed to have been properly received, and no Document shall give rise to any obligation, until accessible to the receiving party on the computer used by such party for receipt of Documents hereunder.
f) If any properly transmitted Document is received in an unintelligible or garbled form, the receiving party shall, if reasonably possible, promptly notify the originating party (if identifiable from the received Document) in a reasonable manner.
g) Any Document properly transmitted pursuant to this Agreement shall be considered, in connection with any transaction, to be a “writing” or “in writing.” Any such Document when containing, or to which there is affixed, a Signature (“Signed Document”) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business, and the parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable law relating to whether certain agreements be in writing and signed by the party to be bound thereby. Signed Documents, if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceedings, will be admissible in evidence as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility in evidence of copies of Signed Documents under either the business records exception to the hearsay rule or the best evidence rule on the basis that the Signed Documents were not originated or maintained in documentary form.
Notices / Electronic Communications: in general
When you as a licensed California insurance broker visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Any notice, submission, order or other document which may be given by you or us under this Agreement shall be deemed to have been duly given if sent electronically, or in writing and left at or sent by pre-paid recorded delivery post, or facsimile transmission (confirmed by letter sent by pre-paid recorded delivery post) to each party’s principal or registered office to which notices and other documents may be sent.
Any such communication shall be deemed to have been made to the other party when actually delivered or received. If delivery or receipt occurs outside of our Business Days and Business Hours (i.e., falls on a weekend, a state or federal holiday or any other day on which we are closed, or is later than 4:30 p.m. Pacific Standard or Daylight Time), at the place of delivery, notice will be deemed to have been duly given at the commencement of business on the next day when we conduct business.
Notices / Electronic Communications: reporting claims - for policyholders and their insurance broker representatives, if any
Policyholders and their insurance broker representatives, if any, may report claims over the Website on a form accessible under the Home Page of our website.
Notices / Electronic Communications: withdrawal of consent
As noted above, Documents shall not be deemed to have been properly received, and no Document shall give rise to any obligation, until accessible to the receiving party on the computer used by such party for receipt of Documents hereunder. In spite of our mutual intention to transact business electronically, there may be circumstances in which either you or we desire or need to withdraw our consent to do so.
You as a licensed California insurance agent or broker are responsible for filing or keeping track of your records as if they were paper, and it is your responsibility to preserve and archive such information. If you wish to withdraw your consent to us to transact business electronically, you may contact us electronically or by postal or similar delivery service. Your withdrawal of consent is only effective, however, when you have received an electronic or land delivery acknowledgement from us.
In the event we receive a notification that your email address is inactive/invalid or does not exist, then we will take reasonable steps to re-mail the information to any other email address you have provided. If, after verification, no email address you have provided is active, we shall deem you to have withdrawn your consent to receive information from us electronically. You must then electronically provide your consent again to receive future information electronically.
We shall not be responsible for providing copies of information sent to you electronically if you do not receive such information because you cancelled your email address without notifying us within fifteen days of such cancellation. If you request copies of such records, we will provide all information to you in hard copy form, mailed to the postal address you have provided to us. You must then electronically provide us your consent in order to receive future information electronically.
Application for policy and endorsement requests
California licensed insurance agents or brokers (including those with reciprocal licenses) may only complete new business applications for dwelling and commercial (CP) insurance and endorsement requests on the Website. Access is provided under the BROKERS tab of the Website.
Brokers cannot apply for new BOP or CEA policies, or submit endorsement requests for those policies, on the Website.
Payment terms and conditions
We accept payment for insurance premiums by ACH or credit card payments via our website. We also accept payment in the form of valid check or money order sent by mail.
Any transactions initiated through the website may be subject to additional terms and conditions, which are incorporated herein by reference. You agree to abide by those additional terms and conditions.
No unlawful or prohibited use
As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
When using the Website, you may not upload or transmit content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin information provided.
While you may make the number of copies of Documents that are necessary and useful for your insurance records, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, insurance products or services obtained from this Website.
In addition, you agree not to:
i) access, monitor or copy any content or information of this Website using any data mining, robots, spiders, scrapers or similar data gathering and extraction tools, or any manual process for any purpose without our express written permission;
ii) violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Website;
iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or
iv) deep-link to any portion of this Web site (including, without limitation, the purchase path for any equipment or services) for any purpose without our express written permission.
v) use any device intended to interfere with the performance of the Website, any transactions performed in the Website, or any other person’s use of the Website.
Any unauthorized use terminates the permission or license we have granted you.
Disclaimer; limitation of liability
USE OF THIS SITE IS PROVIDED “AS IS, WHERE IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR DAMAGES TO YOU OR YOUR AGENTS OR EMPLOYEES FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICE OR ANY ORDER OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT WE CORRECT THE MATTER OR, IF WE FAIL TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.
Our Website will occasionally experience outages during which you or other users will not be able to login, view or operate our Website. We do not warrant that this site, its servers, or e-mail are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use or unavailability of this site.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR MEMBER COMPANIES, OR OURS OR THEIR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH ANY DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE, OUR MEMBER COMPANIES, OR OUR OR THEIR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
No professional advice
The information available on this Website is intended to be a general information resource regarding the matters covered, and is not warranted by the California FAIR Plan to be tailored to your specific circumstance, or in the case of California licensed insurance brokers or agents, to the specific circumstances of your clients. It is not offered as legal, accounting or other professional advice.
Applicants for insurance and policyholders should evaluate all information, opinions and advice available on this Website in consultation with their insurance brokers, or with their legal, tax, financial or other advisor, as appropriate.
THE PROVISIONS OF THIS SECTION DO NOT ALTER, NEGATE OR INCREASE ANY OBLIGATIONS WE MAY HAVE UNDER POLICIES OF INSURANCE ISSUED BY US.
Software available on this web site
Any software that is made available to download from this Website (“Software”) is the copyrighted work of us or third party licensors who provide the Software to us. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States export restrictions.
Links to third party sites
This Website may contain hyperlinks to Websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such Websites and are not responsible for their contents or your use of them. Our inclusion of hyperlinks to such Websites does not constitute or imply any endorsement of the material on such Websites or any association with their operators.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us or our suppliers without our or their express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Website name or trademarks without our express written consent.
We have not tested and make no representations regarding the correctness, performance or quality of any software found at any third-party Websites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Copyright and trademark notices
This Web site and its contents are protected under copyright laws of the United States and other countries. Copyright © 2009 California FAIR Plan Association. All Rights Reserved. CALIFORNIA FAIR PLAN ASSOCIATION and its logo are trademarks of the California FAIR Plan Association.
Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers or insurance brokers, or in any manner that disparages or discredits CFP or this Website.
Any other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Modification of the terms and conditions
We reserve the right to change the terms, conditions, and notices under which this Website is offered, and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this Web site. You will be notified of changes to the terms, conditions, and notices through posting on the Website.
Relationship of the parties
You and we agree that no joint venture, partnership, employee-employer, franchiser-franchisee, or principal-agent relationship exists between you and us as a result of this Agreement, the use of this Website or otherwise.
This Agreement (and any other terms and conditions referenced herein), constitutes the entire agreement between you and us with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, if any, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for reference purposes only and do not limit the scope or extent of such section.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
Our failure to exercise or enforce any right hereunder, with respect to a breach by you or your designated agents, shall not be deemed to be a waiver of any such right nor operate so as to prevent the exercise or enforcement thereof or of any other right on any other occasion. Any rights not expressly granted herein are reserved.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and this Agreement shall continue in effect.
Applicable law, jurisdiction
This Agreement is governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California, in all disputes arising out of or relating to the use of this Website.