Terms that govern your access and use of NBIS RMSS Portal. Please read them carefully.
These terms are a legally binding contract between you, the User (or the “Insured”), and Nations Builders Insurance Services, Inc. (“NBIS” or “Company “and Us). As part of these terms, you the User further agree to our Terms of Use which is incorporated by reference and our Privacy Policy which is incorporated by reference. For the avoidance of doubt “We”, “our” and “us” refers NBIS or the Company, You or User refers to you the user and the insured.
To facilitate the business relationship between you the User and NBIS we are making available to you access to the NBIS RMSS Portal. Access will be through an online platform (“NBIS RMSS Portal”).
Confidential and Proprietary Material
As a condition of access to the NBIS RMSS Portal you may receive or get access to proprietary or “Confidential Material” but only in accordance with this Agreement.
"Confidential Material" means any information received from the Company (whether in oral, written, electronic, graphic, or other format) that is furnished in or part of the NBIS RMSS Portal to you or your directors, officers, employees (collectively, “Representatives” by or on behalf of NBIS in connection with NBIS RMSS Portal, whether before or after the date of this Agreement, including without limitation: (I) claim-related information; (ii) information regarding the investigation, documentation, evaluation, analysis or decision-making regarding claims or policy coverage for claims; (iii) information regarding claim-related reserves; (iv) any policy or contract forms, agreements, , or other documentation; (v) any other information that is marked "confidential," "proprietary,"; (vi) any and all training, webinars, designs, copyrights, trademarks or service marks, concepts, intelligence, techniques, processes, methodologies, and technology embodied in or contemplated by any of the above or forgoing. Notwithstanding the foregoing, the term "Confidential Material" does not include information which (a) is or becomes available to the public through no breach of this agreement; (b) is legally and rightfully obtained without, any obligation of confidentiality.
You agree that the Confidential Material is, and shall remain, the exclusive, absolute and confidential property of the Company and you agree to access the NBIS RMSS Portal and Confidential Material only follows:
You will maintain Confidential Material in strict confidence using the best and most appropriate administrative, technical and physical safeguards to prevent its unauthorized use or disclosure.
You will not, directly or indirectly, copy, reproduce, sell, assign, license, market, transfer or disclose any part or item on the NBIS RMSS Portal or containing Confidential Material to any third party, except only with prior written consent of the Company and except as required by law or legal process, in which case you shall immediately notify us any request for such information.
Insured shall immediately notify the Company in the event of any unauthorized use or disclosure, or breach of the NBIS RMSS Portal or Confidential Material.
Nothing in this agreement or NBIS RMSS Portal is intended to grant any rights to you under any patent, copyright, trademark, trade name or other proprietary right of the Company.
5. Insured hereby agrees to be responsible for the security access to the NBIS RMSS Portal. If Insured terminates employment or for any other reason an employee and/or affiliate is no longer employed by Insured, the Insured shall inactivate the employee and/or affiliate to preclude un-authorized access to the NBIS RMSS Portal or Data and associated training programs.
6. You are responsible for any breach of this agreement and assume liability for damages relating to or arising out of the unauthorized use of the NBIS RMSS Portal or disclosure of Confidential Material.
Limitation of Liability
If we believe that there is a violation of this Contract, or any of our other policies that can simply be remedied by you taking other action, we will, in most cases, ask you to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if you does not take appropriate action or we believe there is a credible risk of harm to us, the NBIS RMSS service or other authorized users, or any third parties. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE THIS CONTRACT OR ITS TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
Representations Disclaimer of Warranties
You represent and warrant that you have the legal power to enter into this contract. You further represent and warrant that you are responsible for the conduct of its authorized users and their compliance with the terms of this contract and all user Terms.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, NBIS RMSS AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
General Provisions
Application of Consumer Law
NBIS RMSS Portal is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply.
Waiver
The waiver by either party of any of the terms and conditions contained herein shall not be construed as a subsequent waiver of any such terms and conditions and the same shall continue and remain in full force and effect as if no such waiver had occurred
Publicity
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes subject to your standard trademark usage guidelines as provided to us from time-to-time.
Force Majeure
Neither us nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Relationship of the Parties; No Third-Party Beneficiaries
The parties are independent contractors. This contract does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this contact.
Modifications
As our business evolves, we may change these Terms and the other components of the NBIS RMSS Portal. If we make a material change to this Agreement, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with you or by messaging you. You can review the most current version of our terms at any time by visiting the FAQ page on the NBIS RMSS Portal. The materially revised terms and contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If you access after the effective date, that access will constitute your acceptance of any revised terms and conditions.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Georgia. This Agreement shall terminate, and access to this site will be revoked and be of no further force and effect, if either the Company or Insured terminates its relationship with the Company or its Insured status with the current carrier or any renewal carriers.
By checking the box on this registration page, you confirm that you have read the terms here of, are in agreement with the foregoing agreement and you have the authority to bind the insured to these terms.
Effective Date: January 1, 2021