Terms of Use

Nantucket Lighthouse II, Inc. — Authorized User Agreement Last reviewed and updated: February 25, 2025

1. General

1.1 Relationship

Nantucket Lighthouse II, Inc. ("Nantucket") has provided you with access to Nantucket's platform, which includes providing you and your authorized users ("Authorized Users") the ability to customize certain content of our platform's user interface for display to your customers. Nantucket is not owned or controlled by any insurance company and is not an insurer, underwriter, or guarantor.

1.2 Usage

These terms of use (the "Terms") govern your use of Nantucket's user interface and platform (the "Site"). Additional terms of use applicable to specific areas of the Site, including any application program interfaces ("APIs"), may also be posted in such areas and, together with these Terms, govern your use of those areas. These Terms, together with any such additional terms of use, are referred to as this "Agreement." Nantucket reserves the right to terminate or suspend access for failure to comply with the Agreement.

1.3 Changes to These Terms

Nantucket reserves the right, in its sole discretion, to change or modify all or any part of these Terms at any time, effective immediately upon publication of revised terms to the Site. In the event of any material change, Nantucket will notify you by email or by posting a notice in your administrator's account. Your continued use of the Site constitutes your binding acceptance of these Terms. If at any time these Terms are no longer acceptable to you, you agree to immediately cease all use of the Site.

2. Use of Content

2.1 No Transfer of Rights or Ownership

Nothing contained in these Terms shall confer upon you, an Authorized User, or any other user any right, title, or interest in, or license to any software, APIs, written materials, or intellectual property owned by Nantucket or included on the Site.

2.2 Acknowledgment of Intellectual Property Rights

You acknowledge that the Site contains information, software, APIs, photographs, audio and video clips, graphics, links, and other material (collectively, the "Content") that are protected by copyright, trademark, or other proprietary rights of Nantucket or third parties. You agree to comply with any guidelines or restrictions contained in any Content available on or accessed through the Site.

2.3 Use of Information

The information on the Site is provided based on your agreement and understanding that Nantucket is not engaged in providing legal, accounting, or other professional services. Assistance of legal counsel or other appropriate experts should be sought when applying the law to a particular set of facts. Nantucket makes no representations, warranties, or guarantees as to the correctness or accuracy of the Site and Content thereon.

2.4 Limitations of Use

You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or specifications of our Site or any underlying APIs. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, or exploit any of the Content, in whole or in part, except as expressly permitted in these Terms.

You agree that all Authorized Users are prohibited from violating or attempting to violate the security of the Site, including:

• Accessing data not intended for such Authorized User or logging onto a server or account which the Authorized User is not authorized to access.
• Disabling, deactivating, interfering with, modifying or circumventing any security protocols, systems, passwords, access controls, or methodologies associated with the Site.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Accessing or using the Site or any portion thereof without authorization, in violation of this Agreement or applicable law.

Authorized Users may not use any scraper, crawler, spider, robot, or other automated means to access or copy data on the Site, deep link to any feature or content, or bypass our robot exclusion headers or other access restrictions.

3. Rules of Conduct

3.1 Nature of Content

If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site ("User Generated Content"), you agree not to provide any content that:

• Is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior.
• Violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity.
• Contains or transmits a virus, malware, or any other harmful component.

3.2 Passwords

Where access to the Site or a portion thereof requires a user ID and password, you agree to access Protected Areas using only your credentials as provided by Nantucket. You agree to protect the confidentiality of your user ID and password and not to share them with any third party. You are fully responsible for all activity occurring under your user IDs. You agree to promptly notify Nantucket of any breach of password security or unauthorized use of your credentials.

4. Managing Content

4.1 No Review

Nantucket does not and cannot review the Content posted by Authorized Users on the Site and is not responsible for such Content. However, Nantucket reserves the right, but not the obligation, to delete, move, or edit any Content that it may determine, in its sole discretion, violates this Agreement or is otherwise inappropriate for the Site. You agree to remain solely responsible for all Content posted by you.

5. Permitted Uses of Health or Personal Information

5.1 Monitoring

To improve our products and services and verify your compliance with this Agreement, Nantucket may monitor the usage of its Site, including identifying security issues that could affect Nantucket, its Authorized Users, or clients.

5.2 Privacy and Security Standards

If, through your use of our Site, you have access to or will collect, transmit, use, store, process, or disclose payment cardholder information, you shall at all times remain in compliance with the Payment Card Industry Data Security Standard ("PCI DSS") requirements.

If you will have access to or will collect personal information, including health information, you agree to comply with all applicable laws, rules, and regulations concerning privacy, records management, and security. Nantucket's Privacy Policy, located at affinityrisk.com/privacypolicy, explains how we collect, use, and share visitor information.

6. Notices

You agree and acknowledge that you will be added to the Nantucket mailing list. Nantucket requires that you maintain a current email address associated with your account.

Notices to Nantucket may be sent to: 14224 Caminito Vistana, San Diego, CA 92130, or by email with confirmed delivery to Privacy@affinityrisk.com with "Legal Notice" in the subject line.

7. No Endorsement

Nantucket does not represent or endorse the accuracy or reliability of any Content posted on the Site. Any reliance upon such Content shall be at your sole risk. The Site may contain links to third-party sites ("External Sites"). Nantucket is not responsible for the availability of, or the content located on or through, any External Site.

8. Indemnity

You agree to indemnify, defend, and hold Nantucket and its respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Nantucket Parties") harmless from and against any and all demands, claims, liability, losses, costs, and expenses (including reasonable attorneys' fees) incurred by any Nantucket Party in connection with any use or alleged use of the Site and any activity, actions, or omissions on the Site conducted under your password by any person, whether or not authorized by you.

9. Disclaimer of Warranties; Limitation of Liability

9.1 Disclaimer of Warranties

Neither Nantucket, any API provider, nor any provider of third-party content warrants that the service will be uninterrupted, accurate, reliable, or error free. The Site and the Content are distributed on an "as is, as available" basis. No warranties of any kind, either express or implied, including warranties of title, merchantability, fitness for a particular purpose, or non-infringement, are made with respect to the Site, any Content, or any products or services provided through the Site.

9.2 Limitation of Liability

To the maximum extent permitted by law, neither Nantucket, any API provider, nor any provider of third-party content will be responsible for any loss or damage caused by failure of the platform or for loss or inaccuracy of data. In no event will Nantucket or its suppliers be liable for any special, consequential, exemplary, incidental, or indirect damages, including lost profits, in connection with the use of the platform. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of Nantucket to you with respect to your use of this Site is $500 (five hundred dollars).

9.3 State Law

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Nantucket and its agents shall be limited to the greatest extent permitted by law.

9.4 External Links

Certain links available on the Site will let you leave Nantucket's Site. The linked sites are not under the control of Nantucket and Nantucket is not responsible for the contents of any linked site. These links are provided for convenience only and do not imply endorsement by Nantucket.

10. Miscellaneous

These Terms shall be construed in accordance with the laws of the State of Delaware. If any of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

11. Suspension of Services

Nantucket reserves the right to suspend or terminate these Terms and your access if the account associated with payment falls into arrears or is unpaid. Nantucket reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.

12. Electronic Communications

Except as prohibited by applicable law, you (a) consent to receive communications from Nantucket in an electronic form; and (b) agree that all terms of use, agreements, notices, disclosures, and other communications that Nantucket electronically provides to you satisfy any legal requirement that such communications would satisfy if in writing.

13. Assignment

Nantucket is free to assign this Agreement or any right or interest under this Agreement to a third party. You may not assign this Agreement or any right or interest under this Agreement without Nantucket's prior written consent. Any attempted assignment or delegation in violation of this Section will be void and ineffective.

14. Questions or Support

If you have questions, please reach out to us at Privacy@affinityrisk.com.