Terms of Use
By accessing this Golden Bear Insurance Company (Golden Bear) Website and Producer Portal and any page therein you agree to be bound by these terms of use ("Terms of Use") and to comply with any applicable laws and regulations. If you do not agree to these Terms of Use, do not proceed to further pages of this Website or to the Producer Portal.
This document outlines the terms and conditions relating to your use of www.goldenbear.com and the Producer Portal and provides additional information about Golden Bear and its affiliates.
Golden Bear reserves the right to vary or amend these Terms of Use at any time. The most recent version of the Terms of Use will govern the services on the Golden Bear Website and Producer Portal and will always be available on the Website and the Producer Portal. By continuing to access or use this Website or the Producer Portal after any changes become effective, you agree to be bound by the revised Terms of Use. Please visit these Terms of Use on a regular basis to ensure that you have read the latest version.
The headings used for each of the paragraphs of these Terms of Use do not affect its interpretation. The reference to a "person" is a reference to a producer, a sub-producer, any insurance licensee, any insured, or non-insured individual, family, association, or business, whether or not incorporated or for profit. "You" means a user of this Website and/or the Producer Portal. "We" and "Golden Bear" means Golden Bear Insurance Company, Inc.
Website Operation and Disclaimer of Warranties
This Website and Producer Portal include various functionalities, including, but not limited to, navigation between screens, payment submission, and printing functionalities. Please note that certain functionalities of this Website and Producer Portal may not work, unless you have installed appropriate software. It is the sole responsibility of each user to install the necessary software in order to effectively use the Website and Producer Portal.
Any information, services, materials, software, calculators or other items on this site are provided "as is" without any warranty of any kind, either expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Golden Bear does not warrant that this site will be uninterrupted or error fee. We do not warrant that any such defects will be corrected, or that this Website, the Producer Portal or the server that makes these available are free of viruses or other harmful components. Any risk arising out of use or performance of the information, services, materials, software, calculators or other items remains entirely with you. Under no circumstances will Golden Bear be liable for any damages whatsoever arising out of the use or performance of the information, services, materials, software, calculators or other items contained on this Website and/or Producer Portal.
Without limiting the foregoing, Golden Bear disclaims all warranties with respect to the operation of the platform and related software for the Website and Producer Portal, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Golden Bear also disclaims all warranties that the platform and related software will not be interrupted or error free.
No Representation as to Particular Suitability of Products and Services
Any materials available on the Website or through the Producer Portal have no regard to the specific objectives, financial situation or particular needs of any specific website user. Golden Bear does not represent that any services or products on this Website or the Producer Portal are particularly suitable for any specific individual or business website user. Website users must evaluate their individual or business insurance needs. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials for a particular individual or business, nor are product summaries intended to be complete statements of the insurance products or services offered by Golden Bear. The materials should not be regarded by Website or Producer Portal users as a substitute for the exercise of their judgment.
All information on this Website and Producer Portal is for general informational purposes only, and is not offered as legal, accounting, or other professional advice. The descriptions of Golden Bear products and services on this Website and Producer Portal, including any sample forms or wordings, are not necessarily intended to be complete descriptions of all applicable terms, exclusions, and conditions and are provided solely for general informational purposes. Any statement regarding insurance coverage herein is subject in all respects to the specific terms and conditions of the actual applicable policy or product or service agreement. Complete policy terms are available upon request.
While Golden Bear uses reasonable efforts to include accurate and up-to-date information on this Website and the Producer Portal, errors or omissions sometimes do occur. Golden Bear does not warrant or make any representations regarding the use or the results of the use, of any of the materials on this Website or the Producer Portal in terms of their correctness, accuracy, reliability, or otherwise. Planning tools on this Website and Producer Portal, including online quoting and rating systems, loss run reports, and/or calculators, are available only as a convenience to users and are not intended to generate advice or recommendations upon which a user may rely. Golden Bear does not warrant or make any representations regarding the correctness, accuracy, or reliability of the results generated by any such tools, and makes no guarantee that the results shown will be achieved. These tools and calculators are not part of any planning report for which you may have paid a fee, even if they utilize data derived from or contained in such a report. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you if that particular state is ultimately deemed to have jurisdiction over any such claim. Legal rights do vary from state to state.
Your Use of This Site
You may not use this site to engage in any illegal activity. You may not use this site to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on another's intellectual property or proprietary rights. You agree that any information you provide through this Website or Producer Portal will be truthful and accurate.
This Website and the Producer Portal are owned and operated by Golden Bear. Except where otherwise indicated, all materials and software contained in this Website, as well as their collection, arrangement, and assembly, are the property of Golden Bear. No materials from this Website or Producer Portal may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise commercially exploited in any way, except with the express written consent of Golden Bear. You may download material displayed on this Website and Producer Portal for your personal use only; provided that you do so without alteration, for non-commercial purposes only, and that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited.
You may not distribute, modify, transmit, reuse, re-paste, or use the content of this Website or Producer Portal for public or commercial purposes, including the text, images, audio, and video, without our prior written permission. We neither warrant nor represent that your use of materials displayed on this Website or in the Producer Portal will not infringe on the rights of third parties.
You are prohibited from using this Website and the Producer Portal (i) for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) in a method that could damage, disable, overburden, or impair any server, or any network connected to a server; (iii) to interfere with another person's use and enjoyment of this Website or Producer Portal; (iv) to data mine, robot, or data gather or extract any portion of the Website or Producer Portal; (v) to gain unauthorized access to accounts, computer systems, or networks connected to any server or systems; or (vi) to access materials, systems, data, or information not intended by the operating unit to be accessible to you or through any means not intentionally made available by the operating unit.
In addition, in using this Website and the Producer Portal, you agree you will not: (i) upload or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity; (ii) create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Golden Bear representative, or falsely state or otherwise misrepresent your affiliation with a person or entity, including Golden Bear; (iii) upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (iv) upload or introduce files that contain viruses, trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or the property of another; (v) upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise; (vi) violate any applicable local, state, national, or international law or regulation; (vii) upload or transmit material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary right of any party; or (viii) harvest or otherwise collect information about others, including e¬mail addresses.
Golden Bear reserves the right to take any lawful action it deems appropriate in response to any actual or suspected violations of these terms, including but not limited to the suspension or termination of the user's access to the website and/or account. Golden Bear may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. We reserve the right to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or as otherwise permitted by law. We also reserve the right to edit, remove, or refuse to post any materials or information, in whole or in part, at our sole discretion.
Golden Bear reserves the right to require that a producer change their password or answer to security questions if we deem appropriate at our sole discretion and judgment.
Trademarks
All trademarks, service marks, trade names, logos, and icons are proprietary to Golden Bear. This proprietary information includes, but is not limited to, the Website's domain name, logos, page headers, graphics, button and icons. Use of the trademarks, service marks, trade dress, or other logos displayed on this Website, without prior written authorization of Golden Bear or as otherwise provided herein, is strictly prohibited.
Proprietary Software
Any software accessible through this Website and Producer Portal is the property of the Golden Bear or outside suppliers, and is protected by U.S. intellectual property laws and/or international treaties. Use of this software other than to utilize and navigate this Website for its intended functions is prohibited, and you agree not to access Website or Producer Portal content by any means other than the interface Golden Bear has provided. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, or reverse engineer or otherwise attempt to discover the source code of this software. Golden Bear does not authorize the downloading or exportation of any software or technical data from this Website or the Producer Portal to any jurisdiction where such activity is prohibited by export laws and regulations. Accordingly, you shall not copy, transfer, or export this software in violation of any applicable export laws and regulations.
Passwords and Security
Golden Bear requests that you do not send it any information that you consider to be confidential or proprietary through this Website or Producer Portal or by email. You acknowledge that there is a risk that information provided through this Website or producer Portal may be accessed by unauthorized third parties because such information is not encrypted (except where explicitly indicated otherwise). Please note that if you do send us any such information or material, we will assume it is not confidential. By sending us information or material, you grant Golden Bear an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute this material or information, and you also agree that Golden Bear is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Users may provide confidential or proprietary information where this Website and Producer portal explicitly asks for such information and in the secure manner provided. In these circumstances only will such information be encrypted, and any such information received will be handled in accordance with this Website's Online Privacy Policy.
You acknowledge that you must have an authorized username and password to access the Producer Portal of this site. You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from us for any purpose. You authorize Golden Bear to process any and all account transactions initiated through the use of your username and password. For your protection and the protection of our other customers and Website users, you may not share your username and passwords with any other person for the purpose of facilitating their access and unauthorized use of this Website or Producer Portal. You are solely responsible for maintaining the confidentiality of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges, damages, and/or liabilities made through the use of your username and password. In no event will Golden Bear be liable for the unauthorized use or misuse of your username or password. If you do share your account information with anyone, we will consider their activities to have been authorized by you.
You agree to (a) immediately notify Golden Bear of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Golden Bear will not be liable for any losses that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Golden Bear or another party resulting from someone else's use of your account or password. You may not use anyone else's account at any time, with or without the permission of the account holder.
Portions of this website, including the Producer Portal, which must be accessed using a username and password and/or other security device, may contain proprietary and confidential information owned by Golden Bear. This may include, but is not limited to, information included in web-based seminars, industry data, and technical and marketing information (denoted as "Confidential Information"). By accessing confidential information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining your account and conducting business with Golden Bear.
You also agree to be careful with this information, and to disclose it to other employees within your company solely on a "need to know" basis. Such employees shall be instructed and agree not to disclose confidential information and not to use it for any purpose not permitted by these Terms of Use. You will not alter, decompile, disassemble, reverse engineer, or otherwise modify any confidential information that you receive.
No Offer
The information contained in this Website and the Producer Portal is just for information purposes. No information available on this Website or the Producer Portal constitutes a solicitation, an offer, or a recommendation to buy any particular insurance product(s), to effect any transactions, or to conclude any legal act of any kind whatsoever. You may not rely on information on this Website or Producer Portal for making any decision relating to products or services of Golden Bear.
Golden Bear does not intend to provide legal or tax advice through this Website or the Producer Portal.
No Liability
Neither Golden Bear, any third party content provider, nor any of their directors, employees or agents will be liable for any damage or loss whether direct, indirect, incidental, special, consequential, exemplary, or punitive damages that result from the use of, or the inability to use, the materials on this Website and Producer Portal, even if Golden Bear or an authorized representative of the company has been advised of the possibility of such damages.
We also assumes no responsibility, and shall not be liable for, any defects, malfunctions, damages, or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing of this Website or Producer Portal, or your downloading of any materials, data, text, images, video, or audio from this Website. We also assume no responsibility, and shall not be liable for, any loss of data, alteration of data, or downtime you may suffer in connection with the access or use of this Website and producer Portal.
Your use of this Website and Producer Portal is an agreement to indemnify, defend, and hold harmless Golden Bear from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of this Website and Producer Portal in any way that constitutes a violation of these Terms of Use. If you cause a technical disruption to the Website or the Producer Portal, the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Golden Bear reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter. However, in no event will Golden Bear be obligated to pay defense fees or prevailing party attorney's fees to you. By using this Website and/or the Producer Portal, you further agree to waive any right to recover defense costs from us under Cal. Civ. Code Section 2778(3).
Intellectual Property Rights
Intellectual Property Rights in the pages of this Website and the Producer Portal belong to Golden Bear and/or its affiliated undertakings or to the Service Provider or other third parties. You do not acquire, by virtue of your use of this Website and Producer Portal, any rights, title or interest in any of the Intellectual Property Rights in the Content and the Website or Producer Portal. For the purpose of these Terms of Use, "Intellectual Property Rights" means (i) copyright, patents, database rights and rights in trademarks, designs, know-how and registered or non-registered confidential information; (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
Individual pages and/or sections of the Golden Bear Website and Producer Portal, and its content may be printed or saved for personal or internal use only. Such print-outs or savings, however, must retain all applicable copyright or other proprietary notices. You must not modify, copy, transmit, distribute, display, reproduce, publish, perform, license, frame, create derivative works from, transfer or use in any other way for commercial or public purposes in whole or in part any content obtained from this Website or Producer Portal without the prior written permission of Golden Bear. It is prohibited to systematically retrieve content from this Website or the Producer Portal to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Golden Bear Website or Producer Portal without written permission from Golden Bear.
The copyright in some documents and other material available on this Website and the Producer Portal belongs to third parties ("Third Party Documents") and such documents and other material have been produced on this Website and the Producer Portal with the permission of the third party copyright owners. You must check copyright notices on or in respect of individual Third Party Documents. Unless otherwise specified in the copyright notice for a Third Party Document or permitted by applicable law, you are not allowed to copy (except to the extent required for the use of this Website and Producer Portal in accordance with these Terms of Use), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or otherwise make available or communicate to the public all or any part of the Third Party Document or systematically extract material from it or in any other way exploit for commercial purposes all or any part of it.
Links to and Feeds from External Websites
From the Golden Bear Website you are able to obtain access to websites operated by third parties ("External Websites") by means of links or RSS functionality. We do not endorse those other websites nor do we accept any responsibility for any damage or loss you may suffer arising out of access to External Websites, including, but not limited to, damage or loss arising from your use of documents or other information found on External Websites. Links to External Websites and RSS-feeds from External Websites are not monitored or maintained by us. We are not responsible for the content of any External Website. Please read all copyright and legal notices on each External Website prior to downloading or printing items to ensure that such actions are permitted under the site’s copyright notices, legal notices and/or general terms of use.
Ownership of Information
With the exception of personal data (which shall be maintained in accordance with our Privacy Policy), any information you transmit to Golden Bear via this Website and/or the Producer Portal, by electronic mail, direct entry, submission, or otherwise, including data, questions, comments, or suggestions, will be treated as non¬confidential and non-proprietary and will become the property of Golden Bear. Such information may be used for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Golden Bear shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via this Website or the Producer Portal by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Golden Bear may modify or discontinue any of the materials, content, or software, or any portion thereof, that appears on this Website and the Producer Portal at its discretion, with or without notice. Golden Bear will not be liable to you or any third party for the effects of any such modification or discontinuance.
Consent to Communicate Electronically
By utilizing or providing your contact details through this Website and the Producer Portal, you are consenting to receive communications from us electronically. You acknowledge that electronic communications may not be encrypted and there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties. We may communicate with you by e¬mail 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.
Users who do not wish to be contacted electronically may revoke this consent by unsubscribing as a user.
Recruitment
If you apply for a position at Golden Bear announced on this Website, your curriculum vitae and other information and documents you provide to us will be used solely for considering your application and for recruitment purposes, as set out in the Privacy Policy Statement.
In acknowledging an application, Golden Bear is not verifying the content, accepting the application or making any offer of employment or engagement. Golden Bear is not obliged to accept any applications.
Golden Bear is an equal opportunity employer (in accordance with applicable legislation). We do not discriminate on the grounds of gender, race, ethnic origin, age, religion, sexual orientation, disability or any other basis covered by local legislations. All employment related decisions are made entirely on merit.
Web Privacy
Our Website and Producer Portal Privacy Policy Statement is placed on this Website and again in the Producer Portal. You understand that your use of this Website and the Producer Portal will result in our processing of personal information that you provide. The Privacy Policy determines the basis on which we will use personal information. By using this Website and the producer Portal, you agree with the terms of the Website and Producer Portal Privacy Policy. In performing your obligations under these Terms of Use, you commit to comply with applicable data protection laws.
General Provisions
If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any country or United States jurisdiction; that fact will not affect the legality, validity or enforceability in any other country or United States jurisdiction of any other provision of these Terms of Use.
Our rights under these Terms of Use may be exercised as often as necessary. They are cumulative and not exclusive of rights or remedies provided by law. They may be waived only in writing and specifically. Delay in the exercise or non-exercise of any such right is not a waiver of that right. An express or implied waiver of any of the provisions or of any breach of or default in performing any of the provisions of these Terms of Use will not constitute a continuing waiver and that waiver will not prevent the waiving party from subsequently enforcing any of the provisions of these Terms of Use not waived or from acting on any subsequent breach of or default by the other party under any of the provisions of these Terms of Use.
Any notice or other communication given under or in connection with these Terms of Use will be in English. All other documents provided under or in connection with these Terms of Use will be in English. A document in another language must be accompanied by a certified English translation. In such a situation the English translation will prevail.
Golden Bear Insurance Company is not a Direct Market
Only authorized Independent Agents and Wholesale Brokers may submit applications to Golden Bear to obtain a quote and/or to request coverage for an insured. Insureds may not directly submit applications or request that coverage be bound, added or amended.
Email, Fax and Phone
Email addresses and fax and phone numbers are listed on our Website. Communication to departments and individuals listed on this site are checked routinely. Email addresses and fax and phone numbers may change; independent agents and wholesale brokers should confirm our receipt of their communication to verify its successful transmission. At no time can insurance coverage be bound, added, or amended by leaving a phone message. Personal lines coverage is only effective if bound, added or amended pursuant to the terms and conditions of the agency/brokerage agreement and the current Golden Bear Manual. Commercial lines coverage is only effective if bound, added, or amended by a Golden Bear underwriter. Insurance coverage is only effective pursuant to the written terms and conditions of policies and endorsements when and as issued by Golden Bear Insurance Company.
Governing Law / Place of Jurisdiction
These Terms of Use shall be governed by and interpreted in accordance with California law; we and you each submit irrevocably to the exclusive jurisdiction of the competent courts of the State of California.
Contact
If you have any questions relating to these Terms of Use, please contact us using the general contact functionality provided on this Website.
Last Updated: August 8, 2015