National Insurance Compliance Exchange LLC

Terms and Conditions of Use

Effective: October 1, 2023

These Terms and Conditions of Use ("Terms and Conditions") govern the use of www.nicecomply.com (“our Site”), that is owned and operated by National Insurance Compliance Exchange LLC (“NICE”) and provides online forums and additional Content and functionality that may be of interest to its users.

By using our Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Antitrust Statement

Our Site is designed to provide a forum and other resources to promote compliance and other best practices in the insurance industry. You agree to refrain from engaging in any activity via our Site that may violate any antitrust laws. If you have any questions or concerns about whether your planned activity via our Site may violate antitrust laws, please contact your attorney for guidance. If you become aware of any existing activity on our Site that may violate antitrust laws, please contact us.

Who May Use Our Site

You may use our Site only if you agree to form a binding contract with us and are not a person barred from using our Site under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to use our Site. Our Site is intended for use only by employees of insurance carriers in the United States of America.

Changes To These Terms And Conditions

We reserve the right to change these Terms and Conditions at any time. If we change these Terms and Conditions, we will notify you through a published message on our Site or by other means at least thirty (30) days prior to the effective date of the new Terms and Conditions. Your continued use of our Site after we provide notice about our changes to these Terms and Conditions means that you are consenting to the updated Terms and Conditions as of their effective date.

Accounts

You are required to create an account to use our Site. Only employees of insurance carriers in the United States of America are eligible to create an account and access our Site. We reserve the right, at our sole discretion, to determine your eligibility to create or maintain an account and access to our Site. When you create an account on our Site, you agree to the following:

• You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account;
• You will not share your account with anyone else;
• All personal information you provide to us through your account is up to date, accurate, and truthful and that you will promptly update your personal information if it changes;
• You will pay any membership fees and applicable taxes that may be required as part of the Terms and Conditions; and
• Neither our Site, nor its owner, is liable for any loss or damage arising from your failure to comply with these Terms and Conditions.

We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of our Site and your account, and you may not be able to opt-out from receiving them.

You may end your legal agreement with us at any time by terminating your account and discontinuing your use of our Site. See “Terminating Your Account” within these Terms and Conditions for more information.

Membership Fees

Membership fees are currently waived. We reserve the right to require a membership fee for access to our Site in the future. If a membership fee will be required, you will receive at least 30 days written notice prior to the date the membership fee is required.

Our Site

Our Site evolves constantly. As such, we may add or remove features, products, or functionalities. We may at our sole discretion choose to notify you prior to any changes to our Site, but we are under no obligation to do so. We reserve the right to modify, suspend, or discontinue our Site, in whole or in part, at any time, with or without notice to you. Any future release, update, or other addition to the functionality of our Site will be subject to these Terms and Conditions, which may be updated from time to time. You agree that we will not be liable to you, your organization, or to any third party for any modification, suspension, or discontinuation of our Site or any part thereof. We also retain the right to create limits on use and storage at any time. We may also remove or refuse to distribute any Content on our Site, limit distribution or visibility of any Content, suspend or terminate users and their access to our Site, and reclaim usernames without liability to you.

In consideration for our granting you access to and use of our Site, you agree that we and our third-party providers and partners may place advertising on our Site or in connection with the display of Content or information from our Site whether submitted by you or others.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our Site, its users and the public. We do not disclose personally identifiable information to third parties except in accordance with our Privacy Policy. Certain services or features may be offered on our Site for which additional terms and conditions may apply. You agree to abide by those additional terms and conditions.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:

• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit our Site or any of its Content;
• modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of our Site; or
• access our Site or its Content in order to build, or assist others in building, a similar or competitive website, product, or service without our written authorization.

InVision Community

We utilize InVision Community, a third party vendor, to provide the functionality of our Site. InVision Community has its own terms and conditions and privacy policy that also apply to you and your use of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and to not:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Impersonate any other individual or organization;
• Act in any way that could be considered fraudulent; or
• Post any material that may be deemed inappropriate or offensive or intentionally misleading.

You also agree not to misuse our Site, including, without limitation, the following:

• Interfering with it or accessing it using a method other than the interface and the instructions that we provide;
• Work around any technical limitations provided to you as part of our Site, or reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits;
• Access, tamper with, or use non-public areas of our Site, our computer systems, or the technical delivery systems of our providers;
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• Access or search or attempt to access or search our Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us;
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Site to send altered, deceptive or false source-identifying information;
• Engage in any conduct that violates any of our other rules or policies;
• Hack into the account of another user of our Site or our Site itself;
• Interfere with, or disrupt, or attempt to interfere with or disrupt, our Site, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing our Site, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on our Site, or to facilitate or assist others in violating these Terms and Conditions, including by distributing products or services that enable or encourage violation of these Terms and Conditions.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right, at our sole discretion, to suspend or terminate your account and your access to our Site. We also reserve the right to take any legal action necessary to prevent you from accessing our Site.

Content On Our Site

Our Site may contain documents, text, links, graphics, posts, photos, videos, audio, streams, or other materials including that which is created on or submitted to our Site by you (“Content”). You are responsible for your use of our Site and for any of the Content you provide, including compliance with applicable laws, rules, regulations, and these Terms and Conditions. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted on our Site or obtained by you through our Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via our Site or endorse any opinions expressed via our Site. You understand that by using our Site, you may be exposed to Content that might be offensive, harmful, inaccurate, incomplete, or otherwise inappropriate, or in some cases, posts that may have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. You agree that we have no obligation to monitor or control the Content posted via our Site and we cannot take responsibility or any liability for such Content.

We reserve the right to remove Content that violates these Terms and Conditions, but we have no obligation to identify such violations. If you believe there has been a violation of these Terms and Conditions, please contact us. 

Grant of Rights in the Content

By submitting, posting or displaying Content on or through our Site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed. This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve our Site and to make Content submitted to or through our Site available to other companies, organizations or individuals for the syndication, broadcast, distribution, repost, promotion or publication of such Content on other media and services, subject to these Terms and Conditions. Such additional uses by us, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through our Site as the use of our Site by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

You agree that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through our Site. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

Privacy

Our Privacy Policy describes how and why we collect, use, and share information about you when you access or use our Site. You understand that through your use of our Site, you consent to the collection and use of this information as set forth in the Privacy Policy.

Our Content

All Content created by us on our Site is the property of National Insurance Compliance Exchange LLC. This includes, but is not limited to, our name, our logo, documents, videos, text, and anything that contributes to the composition of our Site.

Third Parties

Our Site may include advertising and other Content featuring third parties. You agree that we cannot endorse, support, represent, or guarantee the quality, accuracy, reliability, or any other conditions of the Content or goods and services offered by third parties or accept any liability for any damages you may incur from engaging with any third parties.

Our Site contains links to third party websites that we do not own or control. You agree that we are not responsible for, nor do we have any control over, the nature, Content, terms and conditions, policies, or availability of third party websites. The inclusion of any links to any third party websites does not imply a recommendation or endorsement of the views or other information available within those websites.

Terminating Your Account

You may terminate your account at any time. Paid Membership Fees are non-refundable. If you terminate your account on other than your renewal date, you will retain access to our Site until your renewal date.

We may suspend or terminate your account and your access to our Site or cease providing you with access to all or part of our Site at any time if we reasonably believe: (i) you have violated these Terms and Conditions; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; or (iv) our provision of our Site to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access our Site, depending on the circumstances. To the extent permitted by law, we may also terminate your account or cease providing you with access to all or part of our Site for any other reason or no reason at our convenience.

Limitation Of Liability

Your access to and use of our Site or any Content is at your own risk. You understand and agree that our Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. NICE refers to National Insurance Compliance Exchange LLC and its affiliates, related companies, members, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, NICE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NICE makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of our Site or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Site or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by our Site; and (iv) whether our Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from our Site, will create any warranty or representation not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NICE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM OUR SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO OUR SITE GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT NICE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General

We may revise these Terms and Conditions from time to time. The changes will not be retroactive, and the most current version of the Terms and Conditions will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised Terms and Conditions. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding.

The laws of the State of Minnesota will govern these Terms and Conditions and any dispute that arises between you and us. All disputes related to these Terms and Conditions, or our Site will be brought solely in the federal or state courts located in Ramsey County, Minnesota, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect. Our failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.

If you have any questions about these Terms and Conditions, please contact us.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

National Insurance Compliance Exchange LLC
5838 Blackshire Path, Inver Grove Heights, MN 55076
651-419-2020

maureen@nicecomply.com

roger@nicecomply.com

You can also contact us through the feedback form available on our Site.