Terms of Use

This document outlines the Terms of Use relating to your use of www.ncrb.org (the “Site”), which represents the following three North Carolina based statutory organizations: the North Carolina Rate Bureau (NCRB), the North Carolina Reinsurance Facility (NCRF) and the North Carolina Insurance Guaranty Association (NCIGA).  For convenience, these three organizations will be referred to collectively in this document as “NCRB”.  These Terms of Use form a legally binding agreement and are applicable to your use of the Site regardless of how you accessed it. If you do not wish to be bound by these Terms of Use, please discontinue using and accessing the Site immediately.

Privacy and Security Statement

Our Privacy and Security Statement describes our use and protection of nonpublic personal information and will help you understand how we treat the personal information that we obtain from you or other sources in the course of providing you with products and services.  We urge you to read our Privacy and Security Statement.

Your use of the Site

You may not use the Site to engage in any illegal activity. You also may not use the Site to engage in conduct which is defamatory, libelous, threatening, obscene, harassing or that infringes on a third party's intellectual property or other proprietary rights. You agree that any information you provide through the Site will be truthful and accurate.
NCRB prohibits the harvesting or collection of the e-mail addresses of NCRB employees or associates from the ncrb.org web site for the purpose of sending unsolicited, bulk e-mail to ncrb.org e-mail addresses.

User ID’s and Passwords

In order to access certain members-only areas of the Site, you will need an authorized User Id and Password.  In such event, you represent and warrant that you have completed, or that you will promptly complete, all information in the User Registration form provided by NCRB on our Site correctly and completely. In the event that any of your User Information changes in the future, you will promptly update your registration information on the Site.
You will have the opportunity to select a User ID and Password during the User registration process.  In addition, you may have authority to assign additional User ID’s and Passwords to additional users within your organization.  You are solely responsible in all respects for: (a) all use of our Site made using your User ID and Password and User ID’s and Passwords assigned by you, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access our Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your email address, User ID or Password or any other breach of security regarding our Site of which you are aware. NCRB may refuse to allow use of a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for other reasons as determined by NCRB.
Unauthorized use of or access to restricted areas of the Site is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
DO NOT SHARE YOUR PASSWORD WITH ANYONE. NCRB will not ask you for your User ID or Password. If you know or suspect that your User ID or Password has been compromised, change your password immediately.

User Responsibilities

You are solely responsible for your actions and communications undertaken or transmitted using the Site.  NCRB does not exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms of Use.

Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations. In addition, you agree that:
1.    You will not interfere with another entity's or user’s use and enjoyment of the Site;
2.    You will not upload, download, transmit or otherwise distribute any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
3.    You will not upload, download, transmit, or otherwise distribute any viruses or other harmful, disruptive or destructive files;
4.    You will not upload, download, transmit or otherwise distribute any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
5.    You will not attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access or outside your permitted areas of access;
6.    You will not interfere with or disrupt networks, systems, and/or computers connected to the Site, and you will comply with all regulations, policies, and procedures of such networks and systems; and

NCRB Intellectual Property Rights

NCRB is the sole owner of the Site, including the Site’s code, text, graphics and logos and all intellectual property rights associated therewith.  In addition, the overall look and feel and the compilation of all materials and content on the Site are owned by NCRB. You may print out a single copy of pages on the Site for your personal, non-commercial use provided that all copyright, trademark or other notices are retained. ALL OTHER USES ARE PROHIBITED.

You are not authorized to use any portion of the Site or any other NCRB intellectual property on any other site, in the meta-tags of any other site or in any other materials. You may not modify, publish, create derivative works, copy, distribute, or otherwise use any of the Site's content or frame the Site within any other site.

Links to Other Web Sites

This Web site contains links to other sites which are provided as a convenience to persons who visit the NCRB Web site.  If you choose to use the services provided by those sites, you may be asked by those sites to provide certain personally identifiable information. Please be aware that NCRB is not responsible for the privacy practices of those sites, even though NCRB’s name or logo may appear on those sites.  We encourage you to be aware when you leave our site and to read the privacy policies of each and every Web site that you visit, as the privacy policies of those sites may differ from ours.  Our Privacy and Security Statement and these Terms of Use apply solely to this Web site.
NCRB is not responsible for the contents of any linked site or any link contained in a linked site. 

Links to www.ncrb.org

NCRB appreciates your interest in linking your Web Site (the "Linking Site") to NCRB’s Web site, located at www.ncrb.org.  In order to avoid misunderstandings regarding the use of NCRB's trademarks, trade names and other proprietary information, NCRB asks that you review and agree to the following guidelines:
Third parties are authorized to include active links on Web sites they control to direct a browser to NCRB's "home page" at http://www.ncrb.org.  However, third parties may not include on their Web sites links to any other page maintained on the ncrb.org web site unless they have received prior written permission of an officer of NCRB or unless the Linking Site is an Internet search engine. 

  1. Framing. Unless you have received specific written permission from NCRB, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on the NCRB Web site ("NCRB Content"), (b) alter or modify NCRB Content, or (c) "cut and paste" or otherwise reproduce NCRB Content on the Linking Site.
  2. No Archiving. Your link must be to the current NCRB site only. In permitting linking, NCRB does not grant you the right to reproduce, modify, cache or archive the NCRB Content for any purpose.
  3. Termination. NCRB may revoke this license immediately if you fail to follow these guidelines. NCRB may also revoke this license upon ten (10) days notice without cause.

 

Disclaimer of Warranties

Any information, services, materials, software, calculators or other items on the 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. NCRB does not warrant that the Site will be uninterrupted or error free.

Limitation of Liability

Any risk arising out of use or performance of the Site or information, services, materials, software, calculators or other items related thereto remains entirely with you. Under no circumstances will NCRB be liable for any damages whatsoever arising out of the use or performance of the Site or information, services, materials, software, calculators or other items related thereto, even if NCRB has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any other tort. In the event the foregoing limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that NCRB’s aggregate liability shall not exceed five hundred dollars ($500).

Suspension

NCRB may at its discretion suspend or terminate operation of our Site for maintenance or other reasons. In addition, technical and other issues may make our Site unavailable from time to time. NCRB makes no commitment, warranty or guarantee that our Site will operate in a timely, uninterrupted or error-free manner, or that our Site will meet your purposes.

Other agreements

These "Terms of Use" apply to your use of the Site and do not change or alter any other contract or agreement between you and NCRB.

Changes to the Site and this Document

NCRB reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you.  Your continued use of ncrb.org following the posting of any changes to the Terms of Use constitutes acceptance of those changes.  
We also reserve the right to modify the Site and the materials, features and services provided on the Site at any time without prior notice to you.

Enforcement by NCRB

In the event NCRB determines, in its sole discretion, that you have violated these Terms of Use, NCRB shall have the right to immediately terminate your access to the Site without prior notice to you, and/or pursue any other remedies available to it under applicable law.

Governing Law

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of North Carolina (excluding any conflict of laws provisions of the State of North Carolina that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding the Site or any part of the Site shall be brought only in Wake County, North Carolina. Each of the parties consent to the exclusive personal jurisdiction and venue of the courts, state and federal, located in Raleigh, Wake County, North Carolina.

Updates to Terms

NCRB shall have the right to revise these Terms at anytime by updating this posting. By using the Site you agree to be bound by any such revisions and should therefore periodically visit the Site to determine the then-current Terms to which you are bound.

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North Carolina Insurance Guaranty Association