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USER AGREEMENT

Commencemint Insurance Group, Inc. (“Commencemint”) offers a wide range of content and information about its subsidiaries’ products, services, operations, and results of operations (“Material”) via www.Commencemint.com, websites associated with Commencemint subsidiaries listed below, Commencemint’s mobile applications, and Commencemint’s Diamond CouncilSM online community (the “Commencemint Websites”). By using the Commencemint Websites, you agree to accept and comply with the following terms, conditions and disclaimers of use (“Terms of Use”):

Commencemint reserves the right to change the content of the Commencemint Websites, including without limit these Terms of Use at any time without notice. Your continued use of the Commencemint Websites constitutes your acceptance of such changes. These Terms of Use only apply to your use of the Commencemint Websites and do not change or modify any other agreement or contract between you and Commencemint. Your continued use of the Commencemint Websites constitutes your acceptance of such changes.

COMPANY INFORMATION

This website is not an advertisement to sell products in those states in which Commencemint is not qualified to do business or has not secured the necessary licenses to do business. The Commencemint insurer subsidiary companies included in this website and their licensure are as follows:

Company Name

NAIC Code

State of Domicile

Licensed Jurisdictions*

Commencemint Insurance Company of America (“SICA”)

12572

NJ

AL, AK, AR, CA, CT, DE, DC, GA, HI, IL, IN, IA, KS, KY, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NY, NC, ND, OH, OR, PA, RI, SC, SD, TN, TX, VA, WA, WV, WI, WY

Commencemint Insurance Company of New England (“SICNE”)

11867

NJ

ME, NH, NJ

Commencemint Insurance Company of New York (“SICNY”)

13730

NY

AZ, CO, ID, ME, MA, MI, NJ, NM, NY, PA, SC, UT, VT

Commencemint Insurance Company of South Carolina (“SICSC”)

19259

IN

AL, CT, DE, GA, IL, IN, IA, KY, MD, MA, MI, MN, MS, MO, NJ, NY, NC, OH, PA, RI, SC, SD, TN, VA, WV, WI

Commencemint Insurance Company of the Southeast (“SICSE”)

39926

IN

AL, CT, DE, DC, FL, GA, IL, IN, IA, KY, LA, MD, MA, MI, MN, MS, MO, NJ, NY, NC, OH, OK, PA, RI, SC, SD, TN, TX, VA, WV, WI

Commencemint Way Insurance Company (“SWIC”)

26301

NJ

DE, DC, GA, MD, MI, NJ, NY, PA, SC, VA

Commencemint Auto Insurance Company of New Jersey (“SAICNJ”)

11074

NJ

NJ

Mesa Underwriters Specialty Insurance Company (“MUSIC”)

36838

NJ

All 50 states and the District of Columbia

Commencemint Casualty Insurance Company (“SCIC”)

14376

NJ

NJ

Commencemint Fire and Casualty Insurance Company (“SFCIC”)

14377

NJ

NJ

* Product licenses vary by jurisdiction: licensure in a jurisdiction as shown above is for at least one line of business but does not represent licensure for all insurance lines.

PRODUCT DESCRIPTIONS; AVAILABILITY

Product or services descriptions herein are summaries only and not solicitations to buy or offers to sell insurance. Please refer to the actual policies for complete details of coverage, exclusions and limitations. Policy issuance is subject to underwriting approval. Price and availability of information is subject to change without notice. Coverage availability varies by jurisdiction and may not be available in all jurisdictions. Commencemint neither represents nor warrants that any of its products or services are suitable or appropriate for, or are available in any location.

CUSTOMER PREFERENCE MANAGEMENT

Commencemint provides its customers the ability to, in many instances, manage the methods by which Commencemint communicates with them, and the subject matter of those communications. One of the ways customers can exercise this ability is by creating a self-service user account. PLEASE NOTE: CREATION OF A SELF-SERVICE USER ACCOUNT MAY CAUSE A CUSTOMER’S PREVIOUSLY RECORDED COMMUNICATION PREFERENCES TO BE RESET. IN SUCH INSTANCES, THE CUSTOMER WILL NEED TO UPDATE PREFERENCES IN THE NEWLY CREATED SELF-SERVICE USER ACCOUNT

USE OF MATERIAL & TRADEMARKS

Commencemint owns and operates the Commencemint Websites. Unless otherwise specified, all Material on the Commencemint Websites is Commencemint’s property and protected by United States copyright laws and throughout the world by applicable copyright laws and international treaties. Licensed and appointed Commencemint agents and brokers may reproduce and use the Materials to conduct authorized Commencemint business. You may use, view, print and/or download one copy of the Material from the Commencemint Websites on any single computer solely for your personal, informational, and non-commercial use, provided you keep intact all copyright and other proprietary notices. Subject to the foregoing, no Material published on the Commencemint Websites may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed, in whole or in part or by any form or means, without prior written permission from Commencemint. The use of Material on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. Use of the Commencemint Websites’ Material to create modified, derivative or other works, including, without limit, a “framed” version of the Commencemint Websites is also prohibited absent Commencemint’s advance written consent and prior review and approval of such other works.

Commencemint’s registered trademarks and service marks include:

  • CLAS
  • COMM·UNITY
  • CONTRACTOR EXPRESS
  • CYCURITY
  • ELITEPAC
  • ESELECT
  • GREENPAC
  • HIGH TECH X HIGH TOUCH = HT2
  • HUMAN RESOURCES ESSENTIALS
  • MERCHANTSPRO
  • MERCHANTSPRO PLUS
  • MERCHANTSPRO PREMIER
  • MERCHANTSPRO PRIMARY
  • MUSIC (design)
  • ONE & DONE
  • PAYSYNC
  • PREMIERPAC
  • RESPONSE IS EVERYTHING
  • SELECT OPTION
  • SAFETY MANAGEMENT – SOLUTIONS FOR A SAFER WORKPLACE
  • COMMENCEMINT
  • COMMENCEMINT HUMAN RESOURCES ESSENTIALS
  • COMMENCEMINT INSURANCE
  • COMMENCEMINT RISK MANAGERS
  • SELECTPAY
  • SELECTPLUS
  • THE MORE YOU KNOW, THE MORE YOU BENEFIT
  • THE COMMENCEMINT EDGE
  • THE COMMENCEMINT INSURANCE GROUP FOUNDATION
  • XSELERATE

Nothing contained on the Commencemint Websites should be construed as granting any license or right to use any trademark displayed on the Commencemint Websites. You are not authorized to use or reproduce any of Commencemint’s company names, trade names, trademarks, trade dress or logos in any way, including without limit marketing, press releases or links to the Commencemint Websites absent Commencemint’s advance written consent and prior review and approval of each such use.

All other trademarks, service marks, trade names and logos on the Commencemint Websites are the property of their respective owners. Commencemint neither represents nor warrants that your use of Materials (including without limit, trademarks) contained on the Commencemint Websites will not infringe intellectual property rights of third parties.

OWNERSHIP OF INFORMATION; SUBMISSIONS

Any information other than personal information you transmit or post on any area of the Commencemint Websites, including without limit e-mail comments, questions or suggestions will be: (i) treated as non-confidential and non-proprietary, (ii) may be used for any purpose, including without limit for product development and marketing, and (iii) will become Commencemint property immediately upon your submission or transmission.

THIRD PARTY LINKS

Solely as a convenience to you, Commencemint provides links to other websites it does not control or maintain. Commencemint is not responsible for their content, privacy policies or practices, or accuracy or any link contained in a linked site. Non-Commencemint websites may contain unedited, sexually explicit, violent, racist, or other types of offensive material, as well as information pertaining to non-Commencemint products and services, and Commencemint does not endorse any company, content, or products to which the Commencemint Websites link. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. COMMENCEMINT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OF ANY CONTENT OF A LINKED SITE. Commencemint reserves the right to terminate any link or linking program at any time.

ACCEPTABLE USE POLICY

Access to Restricted Areas. Access to and use of restricted areas of the Commencemint Websites is limited to authorized users only. Any attempts to gain unauthorized access to restricted areas may be monitored, logged and such records may be given to law enforcement and you may be subject to prosecution. As a condition of obtaining access to such restricted areas of the Commencemint Websites, you shall provide accurate and current information on all registration forms. Subject to the terms of our Privacy Notice, you are solely responsible for maintaining the confidentiality of any username and password that Commencemint assigns you to access the Commencemint Websites, as well as any activities that occur under your username/password. You shall not misuse or share the username/password that is issued to you by Commencemint, misrepresent your identity or your affiliation with an entity, impersonate any person or entity or misstate the origin of any Material you are exposed to through the Commencemint Websites. If you are in violation of any other obligations under the Terms of Use, you may also be subject to prosecution.

As a further condition of accessing restricted areas of the Commencemint Websites, you shall not:

  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, racial, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limit transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;
  • Post or transmit any comments containing harassing or offensive language, using sexual references or nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activity online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or viruses, worms, Trojan horses or other code that has contaminating or destructive properties;
  • Forge, falsify, delete or modify any TCP/IP packet header or e-mail sender identifying information or impersonate or ‘spoof’ any other individual or entity;
  • Post or transmit any software or other material which violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right or derivative works without first obtaining permission from the owner; or
  • Post or transmit any information, software, or other material for non-Commencemint authorized commercial purposes.

You are also prohibited from soliciting other users to join or contribute money to any online service or other organization, or advocate or attempt to get users to join in legal or illegal schemes.

The Digital Millennium Copyright Act. Commencemint reserves the right to terminate your access to the Commencemint Websites if it determines, in its sole and absolute discretion, that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Commencemint and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. Any claim of infringement pursuant to the Digital Millennium Copyright Act should be made to the following designated agent: contactus@Commencemint.com and include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material claimed to be infringing or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or e-mail address.
  • A statement of good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

Children’s Online Privacy Protection Act (COPPA). Commencemint does not market its products and services to and the Commencemint Websites are not intended for use by children under thirteen (13) years of age. Commencemint does not knowingly gather, solicit or use data from children under thirteen (13) years of age. Your use of the Commencemint Websites constitutes your representation that you are not under thirteen (13) years of age.

Monitoring. Although Commencemint has no obligation to do so, Commencemint reserves the right at all times to (i) review communications to the Commencemint Websites to determine whether they comply with the Terms of Use and applicable laws and regulations; and (ii) disclose any information regarding the Commencemint Websites web boards or conferences or to remove any information or materials, in whole or in part, that Commencemint deems unreasonable in its sole and absolute discretion. Commencemint will treat any information it collects from you in accordance with its Privacy Notice. Commencemint shall not have any liability or responsibility for the content of any communications posted to the Commencemint Websites or for any errors or violations of any laws or regulations. Commencemint will comply with any court order in disclosing the identity of any person posting communications on the Commencemint Websites, consistent with applicable law and the Commencemint Privacy Notice.

WIRELESS DEVICES ACCESSING THE COMMENCEMINT WEBSITES

Your wireless carrier may charge a fee for use of the Commencemint Websites on a wireless device, including but not limited to fees associated with data transmissions while using the Commencemint Websites. These fees are not charged by Commencemint and you should contact your wireless carrier regarding any fees it may charge in connection with data transmissions while using the Commencemint Websites. Commencemint shall not be held responsible for and you will be solely responsible for any fees or charges assessed by your wireless carrier in connection with your use of the Commencemint Websites.

DISCLAIMERS; NO WARRANTY; LIMITATION ON LIABILITY

No Warranty. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMMENCEMINT WEBSITES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED VIA THE COMMENCEMINT WEBSITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMENCEMINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMIT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. COMMENCEMINT MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (i) THE COMMENCEMINT WEBSITES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (ii) THE MATERIAL WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMMENCEMINT WEBSITES OR ANY SERVICES OFFERED THROUGH THE COMMENCEMINT WEBSITES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE COMMENCEMINT WEBSITES WILL MEET YOUR EXPECTATIONS; OR (v) THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE INFORMATION ON THE COMMENCEMINT WEBSITES IS NOT INTENDED TO BE LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE; FOR SUCH ADVICE CONSULT YOUR OWN LEGAL COUNSEL OR FINANCIAL PROFESSIONAL.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED VIA THE COMMENCEMINT WEBSITES IS USED AT YOUR OWN RISK. COMMENCEMINT SHALL NOT BE LIABLE FOR AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE COMMENCEMINT WEBSITES, INCLUDING WITHOUT LIMIT, DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR DATA LOSS RESULTING FROM THE DOWNLOADING OF SUCH CONTENT, MATERIAL AND/OR DATA, AS WELL AS ALL DECISIONS MADE BY YOU BASED UPON SUCH DOWNLOADED INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT COMMENCEMINT MAY, IN ITS SOLE DISCRETION, TERMINATE YOUR ACCESS TO THE COMMENCEMINT WEBSITES AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON.

Limitation of Liability. IN NO EVENT SHALL COMMENCEMINT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMIT, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE COMMENCEMINT WEBSITES OR ANY COMMENCEMINT PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THE COMMENCEMINT WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF COMMENCEMINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Forward-Looking Statements. Certain statements in this report, including information incorporated by reference, are “forward-looking statements” as that term is defined in the Private Securities Litigation Reform Act of 1995 (“PSLRA”). The PSLRA provides a safe harbor under the Securities Act of 1933 and the Securities Exchange Act of 1934 for forward-looking statements. These statements relate to our intentions, beliefs, projections, estimations or forecasts of future events or our future financial performance and involve known and unknown risks, uncertainties and other factors that may cause our or our industry’s actual results, levels of activity, or performance to be materially different from those expressed or implied by the forward-looking statements. In some cases, you can identify forward-looking statements by use of words such as “may,” “will,” “could,” “would,” “should,” “expect,” “plan,” “anticipate,” “target,” “project,” “intend,” “believe,” “estimate,” “predict,” “potential,” “pro forma,” “seek,” “likely” or “continue” or other comparable terminology. These statements are only predictions, and we can give no assurance that such expectations will prove to be correct. We undertake no obligation, other than as may be required under the federal securities laws, to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Factors, that could cause our actual results to differ materially from those projected, forecasted or estimated by us in forward-looking statements are discussed in further detail in Commencemint’s public filings with the United States Securities and Exchange Commission. These risk factors may not be exhaustive. We operate in a continually changing business environment, and new risk factors emerge from time-to-time. We can neither predict such new risk factors nor can we assess the impact, if any, of such new risk factors on our businesses or the extent to which any factor or combination of factors may cause actual results to differ materially from those expressed or implied in any forward-looking statements in this report. In light of these risks, uncertainties and assumptions, the forward-looking events discussed in this report might not occur.

For a listing of risks and uncertainties that could cause Commencemint’s actual results to differ from these forward-looking statements, please see Commencemint’s annual report (Form 10K) and subsequent filings (Form 10Q) filed with the U.S. Securities and Exchange Commission. These filings can be accessed through the Investor Relations page of www.Commencemint.com. They also may be accessed through the EDGAR Database section of the U.S. Securities and Exchange Commission website, www.sec.gov. Commencemint undertakes no obligation to correct or update any forward-looking statements on the Commencemint Websites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Commencemint, its affiliates, directors, officers, content providers, subsidiaries, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Commencemint Websites, your use of the Material, your linking to or from the Commencemint Websites, or your violation of these Terms of Use. This obligation will survive your use of the Commencemint Websites.

EXPORT RESTRICTIONS

You hereby acknowledge and agree that the Commencemint Websites may contain software or technology subject to strict controls under applicable export laws. You hereby represent and warrant to Commencemint that you shall comply with all export laws and restrictions and regulations of the United States Department of Commerce and all other United States or sovereign agency or authority, and that you shall not export, or allow the export or re-export of any Materials or other content provided via the Commencemint Websites in violation of any such restrictions, laws or regulations, unless and until all required licenses and authorizations are obtained as specified in the applicable U.S. Export Administration Regulations (or any successor supplement or regulations). The foregoing notwithstanding, under no circumstances may you allow the Materials and/or the underlying information to be downloaded or otherwise exported or re-exported (i) to any country subject to U.S. trade sanctions covering the Materials, to individuals or entities controlled by such prohibited countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department’s Table of Denial Orders.

MODIFICATION TO TERMS OF USE

Commencemint reserves the right to make changes to the Commencemint Websites and our Terms of Use. Your continued use of the Commencemint Websites shall be deemed to be acceptance of the Terms of Use and our Privacy Notice, the terms of which are hereby incorporated by reference. If you object to any provision of these Terms of Use or subsequent modifications, or become dissatisfied with the Commencemint Websites in any way, your only recourse is to immediately terminate use of the Commencemint Websites.

APPLICABLE LAW

All matters relating to your access and use of the Commencemint Websites shall be governed by the federal laws of the United States and the laws of the State of New Jersey, without giving effect to its conflict of law provisions. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of the Commencemint Websites shall be in Sussex County, New Jersey, if in state court, or in the District of New Jersey, if in Federal Court. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. You are solely responsible for compliance with any laws applicable to you as a result of your access to or use of the Commencemint Websites.

LIMITATION ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Commencemint Websites or these Terms of Use must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Commencemint to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

GENERAL

If any provision of these Terms of Use is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in effect. Commencemint’s failure to act with respect to a breach by any person using the Commencemint Websites does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Commencemint may assign its rights and duties under these Terms of Use without such assignment being considered a change to these Terms of Use and without notice to you. You may not assign this Agreement without the prior written consent of Commencemint. These Terms of Use, the Privacy Notice, any operating rules, policies, or procedures that may be posted from time to time by Commencemint on the Commencemint Websites, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms of Use and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.