MOBILE APPLICATION END USER LICENSE AGREEMENT ("AGREEMENT")
Alaska National Insurance Company appreciates the trust that is placed in us when our company is chosen to provide insurance protection. We strive to provide quality insurance products and superior service. In engaging in the insurance buying process with us, you trust us with personal and private information. We will limit the collection and use of such information to the minimum extent necessary to manage our business effectively and deliver superior service. We are committed to protecting your private information, and we do not sell your information to others. Please refer to the notices about how we collect and use your personal information here: https://www.copperpoint.com/legal-privacy
USE OF THIS LICENSED APPLICATION, APP, AND ANY UPDATES, MODIFICATIONS OR CHANGES OF ANY TYPE TO IT, ARE SUBJECT TO TERMS SET FORTH BELOW, WHICH MAY BE AMENDED FROM TIME TO TIME BY ALASKA NATIONAL INSURANCE COMPANY, COPPERPOINT INSURANCE COMPANY, AND/OR ITS AFFILIATED COMPANIES (COLLECTIVELY "COPPERPOINT") IN ITS SOLE DISCRETION. ANY SUCH UPDATES, MODIFICATIONS OR CHANGES OF ANY TYPE SHALL BECOME EFFECTIVE AND LEGALLY BINDING UPON YOU UPON THE POSTING BY COPPERPOINT TO HTTPS://WWW.COPPERPOINT.COM/LEGAL-PRIVACY.
BY DOWNLOADING, INSTALLING, AND/OR USING THIS LICENSED APPLICATION, YOU ACCEPT, EXPRESSLY CONSENT AND AGREE TO BE LEGALLY BOUND TO THE TERMS OF THIS AGREEMENT. THIS AGREEMENT IS BETWEEN YOU AND COPPERPOINT OR ANY OTHER APPLICABLE THIRD PARTY. COPPERPOINT IS SOLELY RESPONSIBLE FOR THIS LICENSED APPLICATION AND THE CONTENT THEREOF. IF YOU DO NOT COMPLETELY AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD THIS LICENSED APPLICATION OR USE IT IN ANY MANNER.
IN CONSIDERATION OF COPPERPOINT PROVIDING YOU ACCESS TO AND/OR USE OF THIS LICENSED APPLICATION, THE SUFFICIENCY OF WHICH CONSIDERATION IS HEREBY AGREED TO BY YOU AND COPPERPOINT, THE PARTIES FURTHER AGREE AS FOLLOWS:
- Limited Use License: This license granted to You for the Licensed Application by CopperPoint is limited to a non-exclusive, non-transferable license to use the Licensed Application on any mobile device that You own or control. This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). You may not use this Licensed Application in any anti-competitive manner, for any purpose which would be contrary to CopperPoint's business interest or to CopperPoint's actual or potential economic disadvantage in any aspect. All rights not specifically and expressly granted under this Agreement are reserved. Your license confers no title or ownership in this Licensed Application and should not be construed as a sale of any rights in this Licensed Application. The terms of this Agreement will govern any upgrades provided that replace and/or supplement the original Licensed Application unless such upgrade is accompanied by a separate license agreement, in which case the terms of that license agreement will govern.
- Ownership. All title, ownership rights, and intellectual property rights in and to this Licensed Application and included therein are owned by CopperPoint or its licensors. The Licensed Application is protected by the trade secret, patent, copyright laws of the United States, and other laws. If the Licensed Application contains certain licensed materials, the licensors may also protect their rights in the event of any violation of this Agreement. You agree that Licensed Application may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including copyright, and that You will not use such proprietary content, information, or materials in any way whatsoever except for permitted use. You further agree not to use the Licensed Application in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that CopperPoint is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that You may receive as a result of using any of the Licensed Application.
IN USING THIS APPLICATION, YOU AGREE TO THE GOOGLE APIs TERMS OF SERVICE (the “TERMS”) AND THAT GOOGLE LLC MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE GOOGLE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Google accessing and using Your API Client, for example to identify security issues that could affect Google or its users. You will not interfere with this monitoring. Google may use any technical means to overcome such interference. Google may suspend access to the APIs by You or Your API Client without notice if we reasonably believe that You are in violation of the Terms. You agree that information collected within the mobile application may be shared with Google, including for the purpose of advertising, in accordance with the terms of this Agreement and the Terms.
- Maintenance and Support: CopperPoint is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement, or as required under applicable law.
- Termination. The license is effective until terminated by You or CopperPoint. Your rights under this license will terminate automatically without notice from CopperPoint if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COPPERPOINT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COPPERPOINT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COPPERPOINT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COPPERPOINT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall CopperPoint's total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one dollar ($1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Controls. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
- Injunctive Relief. Because CopperPoint would be irreparably damaged if the terms of this Agreement were not specifically enforced, You agree that CopperPoint will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which CopperPoint may have under applicable laws.
- Indemnity.You agree to indemnify, defend, and hold CopperPoint, its affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from Your acts and omissions to act in using the Licensed Application pursuant to the terms of this Agreement.
- Developer Name and Address. Alaska National Insurance Company is the developer of the Licensed Application. Any questions, complaints, or claims with respect to the Licensed Application should be directed to:
Alaska National Insurance Company
7001 Jewel Lake Road
Anchorage, AK 99502
e-mail to email@example.comCall 877.248.2642
- Miscellaneous. This Agreement represents the complete agreement concerning the license of the Licensed Application between You and CopperPoint and supersedes all prior or contemporaneous agreements and representations between them regarding the same subject matter. This Agreement may be amended only by CopperPoint. We each agree to contract in the English language. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement will not be affected. This Agreement will be governed by the laws of the State of Arizona, except as it may be governed by United States federal law. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, nor to any dispute or transaction arising hereunder or in connection herewith. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Third Party Beneficiary: You and CopperPoint acknowledge and agree that third party distributors of the Licensed Application, including but not limited to Apple, Inc., Apple Inc.'s subsidiaries, and Google LLC are third party beneficiaries of the Agreement, and that, upon Your acceptance of the terms and conditions of the Agreement, such third party distributors will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.
- Application Notifications: In conjunction with Your use of the Licensed Application, You may be provided the option to opt in to receive push notifications from CopperPoint on Your mobile device. This may include promotional communications, offers, and system messages pushed to Your device's notification display ("Push Notifications"). You may, at any time following download of the Licensed Application, opt out of receiving Push Notifications from within the applications notification settings or from within Your device's operating system notification settings. Opting out of Push Notifications will not affect Your settings with respect to Email Communications or in-app messages. By using the Licensed Application, in-app messages will automatically be displayed to You via the Licensed Application's display tiles and/or sent to You via the Licensed Application's message center, including promotional communications and offers. If You do not wish to see or receive such in-app messages, You must cease use of the Licensed Application.
- Open Source Software: Some of the software required by or included in the Licensed Application and/or Google APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth Your agreement with CopperPoint and Google for the applicable open source software.
Neither Copperpoint or Google intends that use of the Licensed Application or Google APIs create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the Licensed Application or Google APIs satisfy HIPAA requirements. If You are (or become) a "covered entity" or "business associate" as defined in HIPAA, You will not use the Licensed Application or Google APIs for any purpose or in any manner involving transmitting protected health information to Copperpoint unless You have received prior written consent to such use from CopperPoint.
- DMCA policy: We provide information to help copyright holders manage their intellectual property online. If You believe something is being used illegally, notify us per our Notice and Take Down Procedure located at https://f.hubspotusercontent30.net/hubfs/6246581/2-27-20_notice-and-take-down-procedure-1.pdf. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Effective Date: November 1, 2020
Last updated: November 1, 2020