UNITED STATES OF AMERICA ADDENDUM TO THE PRIVACY NOTICE

This United States of America Addendum supplements the terms of RPA’s Privacy Notice and applies to individuals who are residents of the United States, as specified below.

I. CALIFORNIA PRIVACY POLICY

The section (California Privacy Policy) relates solely to residents of the State of California, and for purposes of this section, “you” means residents of the State of California.  This section will provide you with information about our Information Practices and your privacy rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA) and applicable regulations (collectively referred to as “CPRA”).  Any terms defined in the CPRA have the same meaning when used in this section.

1. Personal Information we collect

RPA collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (“CPRA Covered Personal Information” or “personal information”).   CPRA Covered Personal Information does not include personal information that has been de-identified or aggregated, or that is publicly available information from government records. 

In particular, we have collected the following categories of CPRA Covered Personal Information from consumers (as that term is defined in the CPRA) within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Yes
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.	Yes
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Yes
G. Geolocation data.	Physical location or movements.	No
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	No
I. Professional or employment related information	Occupation, title, employer information, current or past job history or performance evaluations.	Yes
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No
K. Inferences drawn from other  personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes.	No
L. Sensitive Personal Information	Social security, driver’s license, state identification or passport numbers; account log-in, financial account, debit or credit card number in combination with any required security or access code, password or credentials allowing access to an account; precise geolocation data; racial or ethnic origin, religious or philosophical beliefs or union membership, content of mail, email and text messages unless business is the intended recipient; genetic data; processing of biometric information for the purposes of uniquely identifying a consumer; personal information collected and analysed concerning your health.	Yes

2) Categories of sources from which we collect personal information

You have the right to know the categories of sources from which we collect your personal information.  We make this information available to you in the How we Collect Your Personal Data section of our Privacy Notice. 

3) Our processing of your personal information

You have the right to know how we process and use your personal information.  We make this information available to you in the How We Use Your Personal Data section of our Privacy Notice.

4) Disclosure of Personal Information

You have the right to know if we share your personal information with any third parties and the categories of those third parties.  We make this information available to you in the Who we Share Your Personal Data With section of our Privacy Notice.

5) No Sales or Sharing of Personal Information

We do not sell personal information for monetary or other consideration, and we do not share your personal information for cross-context behavioural advertising (as defined in the CPRA).  We have also not sold or shared the personal information of consumers under 16 years of age.

6) Use of Sensitive Personal Information

We do not use or disclose sensitive personal information for purposes other than those specified in section 7027, subsection (m) of the CPRA regulations and we do not collect or process sensitive personal information for purposes of inferring characteristics about you.

7) Your CPRA Consumer Rights

Where we are acting as a business (as opposed to a service provider as those terms are defined in the CPRA), you have the following rights:

Your right to Access

You have the right to request that we disclose the categories of personal information we collected about you, the categories of sources for the personal information we collected about you, our business or commercial purpose for collecting your personal information, the categories of third parties with whom we share your personal information; and the specific pieces of personal information we collected about you.

Your right to data portability

You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party.

Your right to delete

You may have the right to request that we delete your personal information where we act as a business. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client;
2. Detect bugs or errors in our Sites, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
4. Comply with a legal obligation; or
5. Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it.

Your right to correct

We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you. 

Your right to non-discrimination and no retaliation

We will not discriminate or retaliate against you for exercising any of your rights under the CCPA, including we will not deny you goods or services, charge you different prices for goods or services, provide you a different level or quality of goods or services, or suggest that you will receive a different price for goods or services or a different level of quality of goods and services.

a. Exercising Your Rights

You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by either:

• Emailing us at GlobalPrivacyOffice@ajg.com;
• Completing the Privacy Rights Request Form available at https://cloud.info.ajg.com/privacy-rights-request-form; or
• Calling us at 1-833-208-9359

b. Verification Process

We are only required to fulfil verifiable requests. Only you, you as a parent or a legal guardian on behalf of a minor child, or your authorized agent, may make a verifiable request related to personal information. 

If you submit your request through an authorized agent, we may require you to provide your agent with written permission to do so and verify your identity. We may deny any request by an authorized agent that does not submit proof that the agent has been authorized by you to act on your behalf.

• For requests for access to categories of personal information, we will verify your request to a “reasonable degree of certainty.” This may include matching at least two data points that you would need to provide with data points we maintain about you and that we have determined to be reliable for the purposes of
• For requests for specific pieces of personal information (portability request), we will verify your request to a “reasonably high degree of certainty.” This may include matching at least three data points that you would need to provide with the data points we maintain about you and that we have determined to be reliable for the purposes of verification. We will also require you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.
• For requests to delete, we will verify your request to a “reasonable degree” or a “reasonably high degree of certainty” depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized

We will use the personal information you provide in a request only for purposes of verifying your identity or authority to make the request. 

c. Response Timing and Format

We will respond to a verifiable request within forty- five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time. 

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any information we provide in response to a verified request to know will include information we have collected about you on or after January 1, 2022, including beyond the 12-month period preceding our receipt of the request, unless doing so proves impossible or would involve disproportionate effort, or you request data for a specific time period.     (Note that the law prohibits us from disclosing at any time a consumer’s Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions and answers, or any unique biometric data.)

If we cannot comply with a request or a portion of the request, we will include the reasons in our response.  If we deny your request on the basis that it is impossible or would involve a disproportionate effort, we will explain our reasons, such as the data is not in a searchable or readily accessible format, is maintained for only legal or compliance purposes, or is not sold or used for any commercial purpose and our inability to disclose it, delete or correct it would not impact you in any material manner.  

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

*Please note that in certain cases we may collect your personal information as a service provider (as opposed to a business, as those terms are defined in the CPRA) pursuant to a contract we have with a commercial client (the CPRA business) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the business.  Should you direct your requests to exercise your rights to us, we may be required to share your request with the business, who is the party responsible under the CPRA for receiving, verifying and responding to your requests, or we may direct you to make your request directly to the business.

8) CPRA exemptions,

This section (California Privacy Policy) does not apply to the following data which is exempt from the CPRA, including but not limited to: medical information governed by the California Confidentiality of Medical Information Act (CMIA); protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994 (DPPA).

9) Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Sites who are California residents to request certain information regarding our disclosure of personal information to affiliates and other third parties for their direct marketing purposes. To make such a request, please send an email to GlobalPrivacyOffice@ajg.com.

II. NOTICE OF COLORADO, CONNECTICUT, VIRGINIA AND UTAH PRIVACY RIGHTS

The section (Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights) relates solely to residents of the States of Colorado, Connecticut, Virginia and Utah, and provides you with information about your privacy rights under the Colorado Privacy Act, the Connecticut Data Privacy Act, the Virginia Consumer Data Protection Act and the Utah Consumer Privacy Act.

This section shall be effective for the residents of those States on the dates set forth below:

Effective January 1, 2023, for residents of the State of Virginia

Effective July 1, 2023, for residents of the States of Colorado and Connecticut

Effective December 31, 2023, for residents of the State of Utah

For purposes of this section, “residents”, “consumers” or “you” means individuals of those states who are acting in their individual or household context.  This section does not apply to individuals acting in their commercial or employment context.

1) Personal Information we collect

You have a right to know the categories and types of personal information we collect about you.  We make this information available to you in the Personal Data We Collect section of our Privacy Notice. 

2) Categories of sources from which we collect personal information

You have a right to know the categories of sources from which we collect your personal information.  We make this information available to you in the How we Collect Your Personal Data section of our Privacy Notice. 

3) Our processing of your personal information

You have the right to know how we process and use your personal information.  We make this information available to you in the How We Use Your Personal Data section of our Privacy Notice.

For residents of the State of Virginia, to the extent that we maintain de-identified data, we take reasonable measures to ensure that de-identified data cannot be associated with a natural person, we publicly commit to maintaining and using de-identified data without attempting to re-identify the data, and we contractually obligate any recipient of the data to comply with the same obligations.

4) Disclosure of Personal Information

You have the right to know if we share your personal information with any third parties.  We make this information available to you in the Who we Share Your Personal Data With section of our Privacy Notice.

5) No Sale of Data or Use of Data for Targeted Advertising

We do not sell your personal information and we do not use your data for targeted advertising (as that term is defined by your applicable state law).  We may send you advertising in response to your request for information or feedback or based on your activities with our Sites, including your search queries and visits to our Sites.  However, we will not send you targeted advertising based on your activities across non-affiliated Sites to predict your preferences or interests. 

6) Your Rights

Where we act as the Controller of your personal information (as opposed to a Processor as those terms are defined in your applicable State law), you have the right to submit a request to us for the following:

Your right to access
You have the right to know if we process your personal information and have access to such information and certain details of how we use it.

Your right to correct
We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you. 

Your right to delete

You may have the right to request that we delete your personal information where we act as a controller. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our processors to:

1. Complete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client;
2. Detect bugs or errors in our Sites, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
4. Comply with a legal obligation; or
5. Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it.

Your right to restriction of processing (opt-out)

You have the right to opt-out of processing your personal information for purposes of profiling in furtherance of any automated processing of your data that produce legal or similarly significant effects concerning you.  (This right only applies to residents of the States of Colorado, Connecticut and Virginia.) 

Your right to data portability

You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party.

Your right to non-discrimination and no retaliation

We will not discriminate or retaliate against you for exercising any of your rights, including but not limited to, by denying you goods or services, charging you different prices for goods or services, or providing you a different level or quality of goods or services.

Your right to restrict the processing of sensitive information     

Unless we are processing your sensitive information pursuant to any of the legal exemptions listed in Section 7 below or as otherwise allowed by law:

• For residents of the States of Connecticut, Virginia and Colorado, we will not process your sensitive information without first obtaining your consent; and
• For residents of the State of Utah, we will not process your sensitive personal information without providing you with notice and an opportunity to opt out.

a) Exercising Your Rights

You may exercise your rights described above by submitting a request to us by either:

• Emailing us at GlobalPrivacyOffice@ajg.com;
• Completing the Privacy Rights Request form available at https://cloud.info.ajg.com/privacy-rights-request-form; or
• Calling us at 1-833-208-

b) Authentication Process

We will only fulfill request when we can verify your identify and confirm that you are authority to make such a request. 

Only you, you as the parent or legal guardian on behalf of your minor child, or your authorized agent, guardian or conservator may make a request related to personal information.   If an authorized agent, legal guardian or conservator submits the request, we may require your written permission to do so and may require additional information to authenticate your identity. We may deny a request by an authorized agent, legal guardian or conservator who does not submit proof of authorization to act on your behalf.

We will only use the personal information you provide in a request to verify your identity or authority to make the request.

c) Response Timing and Format

We will respond to an authenticated request within forty- five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time. 

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

If we cannot comply with a request or a portion of the request, we will include the reasons in our response. 

For residents of the States of Colorado, Connecticut and Utah, you may make one request within a twelve-month period at no charge.  For residents of the State of Virginia, you may make a request up to two (2) times within a twelve (12) month period at no charge.  We reserve the right to charge a fee to process or respond to any request that we consider excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Appeal

You have the right to appeal our decision within a reasonable period of time after receipt of our response.  You may appeal our decision by sending us an email at GlobalPrivacyOffice@ajg.com.  We will respond to your appeal within 60 days of receipt  (45 days of receipt for residents of Colorado) and will inform you of any decisions and the reasons for such decisions.

* Please note that in certain cases we may collect your personal information as a processor (as opposed to a controller, as those terms are defined in your applicable state privacy law) pursuant to a contract we have with a commercial client (the controller) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the controller.  Should you direct your requests to exercise your rights to us, we may be required to share your request with the controller, who is the party responsible under your applicable state privacy law for receiving, authenticating and responding to your requests.

7. Exemptions

This section (Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights) does not apply to certain entities and data that are exempt from your applicable state privacy law, including but not limited to the following:  covered entities, business associates and protected health information governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); financial institutions and personal information subject to the Gramm-Leach-Bliley Act (GLBA); and personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Family Educational Rights and Privacy Act, the Farm Credit Act and the Driver’s Privacy Protection Act of 1994 (DPPA).

Addendum issued: January 1, 2023

Effective as of February 2019

Welcome to rpadmin.com! Risk Program Administrators and/or its subsidiaries and affiliated companies ("we," "our," or "RPA") own and operate the rpadmin.com website and any derivative website on which these Terms of Use are posted. We have adopted these Terms of Use (these "Terms") to make you aware of the terms and conditions of your use of the rpadmin.com website, any derivative websites on which links to these Terms are posted, and any Content (as defined in the Content section below) or other products or services that are offered or provided via the aforementioned websites (collectively, the "Website"). If you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to "you," "your" or "User" shall include such entity or person in addition to you, and your acceptance of these Terms shall constitute acceptance on behalf of such entity or person and your representation that you have the authority to bind such entity or person to these Terms.

RPA reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time by posting such changes to this Website. You understand that you have the affirmative obligation to check these Terms periodically for changes, and you hereby agree to periodically review these Terms for such changes. The continued use of the Website following the posting of any such modifications to these Terms will constitute your acceptance of such changes.

BY USING OR OTHERWISE ACCESSING THE WEBSITE; CREATING, REGISTERING OR ACCESSING AN ACCOUNT; POSTING OR DOWNLOADING CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE; PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEBSITE; OR MANIFESTING YOUR ASSENT TO THESE TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEBSITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE, OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEBSITE. YOUR USE OF THE WEBSITE IS SUBJECT TO YOUR PRIOR AND CONTINUED ACCEPTANCE OF THESE TERMS, AS WELL AS THE TERMS OF RPA’S PRIVACY POLICY. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, CERTAIN LIMITATIONS AND EXCLUSIONS.

General Terms of Use and Restrictions on Use

RPA hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Website solely for the noncommercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, subject to your agreement to, compliance with and satisfaction of these Terms. RPA may provide certain services or Content provided by RPA via the Website on a subscription basis (the "Subscription Content"). Upon payment of any applicable fees or other charges associated with such subscription, RPA grants you a limited, non-exclusive, nonassignable, nontransferable license to access and use such Subscription Content for the term of the subscription solely for the noncommercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, and subject to your agreement to, compliance with and satisfaction of these Terms. All rights not otherwise expressly granted by these Terms are reserved by RPA. If you do not comply with these Terms at any time, RPA reserves the right to revoke the aforementioned license(s), limit your access to the Website or restrict your ability to post or download Content, or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Website. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Website or any part thereof.

RPA may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available or restrict the amount of use permitted at RPA’s sole discretion and without prior notice or liability. You agree that RPA may, with or without cause, immediately suspend and/or terminate your access to the Website or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Website; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in RPA’s sole discretion and without liability to you or any third party.

For purposes of these Terms, references to "post" or "posting" shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.

RPA Intellectual Property

Unless otherwise specifically noted in these Terms, images, trademarks, service marks, logos, icons and any other intellectual property (collectively, "Website IP") displayed on this Website are the property of RPA, or third parties who have authorized their use by RPA. Nothing contained on this Website should be construed as granting any license or right to use any Website IP displayed on this Website without the written permission of RPA or such third party that may own the Website IP. Misuse of any Website IP, or any other Content, displayed on this Website is prohibited. The Website, including, without limitation, any Content, is the copyrighted property of RPA or its respective owner, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms. Any unauthorized use of any Content or Website IP, whether owned by RPA or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Website IP or any part thereof or grant any other person or entity the right or access to do so.

Accounts

For certain aspects of the Website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify RPA in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or login credentials or any other breach of Website security. You also agree that you will provide truthful and accurate information during the registration process. RPA may refuse to grant a particular username to you for any reason, including, without limitation, in the event RPA determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.

Content

You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by RPA or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include Subscription Content.

Feedback

We welcome your comments, feedback, information, or materials regarding the Website, Content, or RPA’s products or services (collectively, "Feedback"). If you submit Feedback to RPA, please note that your Feedback shall become the property of RPA. By submitting your Feedback to RPA, you agree to assign, and hereby irrevocably assign to RPA, all right, title and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. RPA shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.

If you provide any Feedback via the Website, you hereby make the following representations and warranties to RPA: (1) you are owner of such Feedback or otherwise have the right to grant RPA the licenses or assignments granted pursuant to these Terms; (2) you have secured any and all consents necessary to post the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.

RPA’s Privacy Policy

RPA collects, stores and uses data collected from you in accordance with RPA’s Privacy Policy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms.

Links

The Website may provide, or third parties may provide, links to other websites or resources on the Internet. Because RPA has no control over such websites or resources, you acknowledge and agree that RPA is not responsible for the availability of such external websites or resources, and RPA does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. You further acknowledge and agree that RPA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website or resource. RPA strongly encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

Purchases

RPA may allow users to place Orders for products, subscriptions and/or services via the Website or through its third party affiliate. "Order" shall mean any order placed by a user for products, subscriptions, and/or services via the Website that is accepted by RPA. If you place an Order to purchase products, subscriptions and/or services, you are subject to the additional terms of this section. Other RPA sites may have additional or alternative terms of service, which shall govern your purchase of products, subscriptions and/or services. Please note that you may also be directed to a third party website to make or complete such purchases, in which case your purchase will also be governed by the terms of such third party website. By making such purchases, you hereby agree that RPA has no responsibility, and shall have no liability, for any claim related to your purchases on such third party websites.

Upon placing an Order, you shall pay to RPA the purchase price as set forth in the "Shopping Cart" or similar ordering mechanism. RPA or its third party affiliates may utilize the services of certain third party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.

Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and RPA reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the Order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, RPA will issue you the appropriate credit within a reasonable time after your order has been revoked.

In the event you purchase a product that must be shipped to you, such products will be shipped by RPA and/or its third party contractors within a reasonable time after processing of your Order. Shipment time will vary depending on the shipping method and service you select. RPA does not guarantee delivery at any certain time and is not responsible for shipping delays.

In the event you purchase products that embody or otherwise contain Content owned by RPA or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content.

In the event you purchase subscriptions and/or services that embody or otherwise contain Subscription Content, you agree to the following restrictions regarding such Subscription Content or other information contained or embodied therein: (a) such Subscription Content (i) is the confidential information of RPA or its licensors, (ii) you may use the Subscription Content for your personal or internal business needs only in accordance with these Terms, (iii) you may not disclose the Subscription Content to third parties, and (iv) you will use best efforts to safeguard such Subscription Content from unauthorized use or disclosure; (b) you may not resell any Subscription Content or otherwise profit from its use or display; (c) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Subscription Content; (d) you will not otherwise violate any additional legal or contractual restrictions governing use of the Subscription Content; and (e) you will not obscure or remove any proprietary rights notices contained in or on the Subscription Content.

In the event a product ordered by you is damaged upon receipt, RPA, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which RPA will accept for return or refund include products that are missing, torn or physically damaged or inoperable.

User Representations

You hereby represent and warrant to RPA that: (a) you (i) are at least eighteen (18) years of age, (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence, (iii) possess legal parental or guardian consent or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms; (b) all information provided by you to RPA is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to RPA or its third party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Website, if any; (d) you will comply with the terms and conditions of these Terms and any other agreement to which you are subject that is related to your use of the Website, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information with RPA, including, without limitation, your legal name, email address and any other information RPA may reasonably require; (f) your access to and use of the Website or any part thereof and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will not use the Website to gain competitive intelligence about RPA, the Website, or any product or service offered via the Website or to otherwise compete with RPA or its affiliates; and (h) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

Prohibited Uses

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Website or any part thereof, which includes, without limitation: (a) use of the Website to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Website to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website, to restricted portion of the Website, to Content, or any other computer network or equipment; (d) use of the Website to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Website to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Website); (g) use of the Website to gain competitive intelligence about RPA, the Website, or any product or service offered via the Website or to otherwise compete with RPA or its affiliates; (h) framing or otherwise simulating the appearance or functions of the Website or any portion thereof; (i) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users; or (j) use of the Website to engage in any activity that, as determined by RPA, may intentionally or unintentionally violate these Terms, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms.

[h3] Disclaimers

The Content provided via the Website, or any product or service offered via the Website, is provided for informational purposes only, from a general insurance/risk management perspective, with the understanding that RPA is not rendering legal, accounting or other professional advice on specific matters. Accordingly, RPA assumes no liability whatsoever in connection with the use of such Content. RPA recommends that you consult your legal counsel or other professional advisor with respect to your individual situation.

RPA uses reasonable efforts to maintain the Website, but RPA is not responsible for any defects or failures associated with the Website, any part thereof, any Content posted using the Website, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which RPA may undertake from time to time, or (c) causes beyond the control of RPA or which are not foreseeable by RPA.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE, ANY CONTENT, AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, RPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, RPA MAKES NO WARRANTY THAT THE WEBSITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY CONTENT OR THE PURCHASE OF RPA’S PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEBSITE AND TERMINATE THESE TERMS IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL RPA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE, PURCHASING ANY CONTENT OR PURCHASING RPA’S PRODUCTS OR SERVICES, OR ANY AMOUNT RETAINED BY RPA FOR PROVIDING ANY OF THE FOREGOING.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless RPA, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms, (c) infringement or misappropriation of any intellectual property or other rights of RPA or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under these Terms, or (f) your use of any Content, services, or products provided by RPA.

Term and Termination

In addition to any other method of termination or suspension provided for in these Terms, RPA reserves the right to terminate these Terms at any time and for any reason upon immediate notice to you. Further, you agree that RPA shall not be liable to you or any third party for any termination or suspension of your access to the Website or any part thereof, removal of Content or sale of any services or products. You may terminate these Terms at any time by immediately discontinuing all access to the Website and by providing notice to RPA of such discontinuance. Termination or cancellation of these Terms shall not affect any right or relief to which RPA may be entitled at law or in equity. Upon termination of these Terms, you shall terminate all use of the Website and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with access to the Website

Governing Law and Other Miscellaneous Terms

You acknowledge and agree that any expenses that you incur in furtherance of these Terms are voluntary in nature and are made with the knowledge that these Terms may be terminated as provided herein. You shall not make a claim against RPA, and RPA shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of these Terms beyond the term hereof.

The parties agree that breach of these Terms would cause irreparable harm and significant injury to RPA which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that RPA has the right to enforce these Terms by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies RPA may have for your breach of these Terms.

The validity and effect of these Terms shall be governed by, and construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE WEBSITE, ITS USE, THESE TERMS, ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF RPA, MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF ILLINOIS, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.

The captions and headings of these Terms are included for ease of reference only and will be disregarded in interpreting and construing these Terms. If the performance of any part of these Terms by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.

These Terms, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the agreement between the parties with respect to the Website, Content, and products and services offered via the Website, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website, Content, and products and services sold via the Website. If any provision of these Terms is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce these Terms. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.

RPA makes no representation that the Website, Content or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.

Copyright and Copyright Notices

RPA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website sufficient to allow us to locate the allegedly infringing material;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact us for Notice of Claims of copyright infringement at: copyright@ajg.com