Last Revised: July 25, 2018
Please print or download a copy of this Agreement for your records after reading it.
This Website is operated by Oyster Insurance, LLC (“Oyster,” “we,” “us,” or “our”). This Website (the “Oyster Website” or the “Website”) provides general information about Oyster and its products and services.
Scope and Application
You agree to use the Oyster Website only for lawful purposes:
A. Specifically you agree not to do any of the following: (1) upload to or transmit on the Oyster Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Oyster Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Oyster Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Oyster Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message, any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Oyster Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Oyster Website); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Oyster Website, or which, as determined by Oyster, may harm Oyster or users of the Oyster Website or expose them to liability.
B. Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Oyster Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Oyster, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Oyster. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Oyster, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Oyster Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Oyster Website. You grant to Oyster the right to use all content you upload or otherwise transmit to the Oyster Website in any manner Oyster chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
C. Oyster reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Oyster Website which Oyster, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Oyster has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Oyster Website. However, Oyster can neither review all material before it is posted on the Oyster Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Oyster assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Oyster reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Oyster has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
D. Your failure to comply with the provisions of (A) or (B) above may result in the termination of your access to the Oyster Website and may expose you to civil and/or criminal liability.
Copyright Restrictions/Use of Content
The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Oyster or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Oyster Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Oyster. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of Oyster, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Oyster Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Oyster or the applicable owner of such content. Except as expressly authorized by Oyster in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Website, (ii) access to this Website, or (iii) use of this Website or of any services or materials available through this Website.
The term “Oyster” is a trademark and the Oyster logo and all related product and service names, designs and slogans on our Website are trademarks of Oyster or its affiliates. You may not use such marks without Oyster’s prior written permission. All other names, brands and marks not owned by Oyster are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
Dealings with Third-Party Merchants
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that Oyster is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Oyster will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website.
Liability of Oyster and Its Licensors
Oyster does not assume any liability for the materials, information and opinions provided on, or available through, the Oyster Website (the “Site Content”). The Site Content is not and should not be construed as insurance advice. Reliance on the Site Content is solely at your own risk and Oyster disclaims any liability for injury or damages resulting from the use of any Site Content. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the applicable insurance policy and not the Site Content. Accordingly, you are encouraged to view/download a specimen of your actual policy documentation prior to making any purchase decision.
THE Oyster WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER Oyster NOR ANY PERSON ASSOCIATED WITH Oyster MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE Oyster WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER Oyster NOR ANYONE ASSOCIATED WITH Oyster WARRANTS OR REPRESENTS THAT THE Oyster WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE Oyster WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE Oyster WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Oyster DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL Oyster OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE Oyster WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE Oyster WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY Oyster AND WHETHER OR NOT Oyster HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES
Comments and Submissions
Oyster welcomes your comments. All comments, suggestions or other information sent by you to this Website will become Oyster’s property, and you agree that all intellectual property rights therein are transferred to Oyster. You understand that any postings to publicly available portions of the Oyster Website are non-confidential for all purposes.
Links to Other Sites
The Oyster Website may contain links to other websites on the Internet. Oyster is not responsible for and does not endorse the content, products or services of any third-party Websites, including, without limitation, sites framed within the Oyster Website or third-party advertisements, and Oyster does not make any representations regarding their quality, content or accuracy. Your use of third-party Websites is at your own risk and subject to the terms and conditions of use for such Websites.
U.S. Government Users
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.
The owner of this Website is licensed as an insurance producer in the states identified under “Licenses” (available via the “Licenses” link at the bottom of the Website). The products and services on this Website have been approved for use by the insurance regulators in those states. Oyster makes no representation that the products and services in this Website are appropriate or available for use outside of the states identified. If you access this Website from other locations, you hereby acknowledge and agree that you are viewing the products and services in this Website for general informational purposes only.
Insurance Quotes and Coverages
All quotes generated in this Website are based on information you provided on this Website, as well as, in some cases, information we obtain from third parties. Quotes do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage. The coverage descriptions provided in this Website are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. To obtain insurance coverage you must complete all of the steps in this Website through the final application through this Website, a mobile app or otherwise. Applications are subject to underwriting review and approval.
If you file a claim under your policy, the information you submit and the loss are subject to review and verification. We reserve the right to request additional information before making a final decision on your claim. In some cases, a claim representative may contact you regarding your claim. Your claim is of course subject to the provisions in your policy.
Agreement to Conduct Electronic Transactions
We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Website. In addition, we need your consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically. If you enter into a transaction with us via the Website, you acknowledge that you have read our Agreement to Conduct Electronic Transactions (available here) and agree to the terms and conditions set forth therein.
Policies are underwritten and issued by member companies and affiliates of Oyster Insurance, LLC. Property & Casualty business is underwritten by Lancer Indemnity Company. Lancer maintains reinsurance coverage with General Reinsurance Corporation, a Berkshire Hathaway company that is rated A++ by A.M. Best.
© 2019 Oyster Insurance, LLC. and © Oyster Insurance Services, LLC. All Rights Reserved.