Please carefully read the following Ask Kodiak Terms of Use ("Terms"), and other links herein or on the Platform, before using the Ask Kodiak appetite search platform (the "Platform"). By accessing this Platform, you agree to be bound by these Terms, as well as links referenced herein or otherwise on the Platform. These Terms may be updated from time to time without prior notice to you. Accordingly, you should check the date of the Terms and review any changes since the last version.
If at any time you do not agree to these Terms, you may not use this Platform. Your use of the Platform indicates your agreement to these Terms and requires you to abide by these Terms.
This Platform is provided by Ivans, a division of Applied Systems, Inc. ("Ivans"). Throughout the Platform, the terms "we", "us" and "our" refer to Ivans. The term "person" means an individual or entity. The terms "you" or "your" mean the user accessing the Platform, and the individual or entity on whose behalf you may be accessing the Platform. Ivans reserves the right to refuse, suspend, limit, or cancel any person's registration for or access to this Platform for any reason at any time without notice, including but not limited to violation of these Terms or the Contract (defined below).
All content on this Platform (including, without limitation, data, analytics, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) ("Content") is and shall remain the exclusive property of and owned by Ivans, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Ivans provides this material to you under a license that is revocable at any time in our sole discretion. All rights not expressly granted herein are reserved by Ivans and prohibited.
You may access, copy, download and print the material contained on the Platform solely for your personal and non-commercial use, or as otherwise permitted by Ivans in writing via a direct contract between you and Ivans ("Contract"). You acknowledge and agree that your access to the Platform is in furtherance of a permitted purposes in relation to the services offered, specifically the identification of carrier appetite for placing insurance business ("Purposes"). You represent and warrant that you have all proper licenses and consents required by law to access this Content for these Purposes.
You are prohibited from modifying or deleting any copyright, trademark or other proprietary notice that appears on the Content and any material you access, copy, download, or print. Any other use of Content on the Platform, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Platform, or use of the Platform for purposes competitive to Ivans, is expressly prohibited.
You are prohibited from using contact information provided on the Platform for unauthorized purposes, including marketing.
Access to some features and Content that may be available on this Platform require registration. By registering at and in consideration of your use of the Platform, you agree to provide true, accurate, current and complete information about yourself. In the event you request to open an account, we will ask for your name, address, company affiliation and title and other information that will allow us to identify you. We may also ask your permission to conduct credit or other background checks.
Access to some features and Content on this Platform may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify us immediately. We will assume that any communications we receive under your password have been made by you unless we receive notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Platform or use our proprietary marks as meta tags. You may not use frames or utilize framing techniques or technology to enclose any content included on the Platform without our express written consent. Further, you may not utilize any Platform content in any meta tags or any other "hidden text" techniques or technologies without our express written consent. You are expressly prohibited from using robots, web crawlers, worms, or other content crawling solutions to access or search any part of the Platform.
You may not use any hardware or software intended to damage or interfere with the proper working of the Platform or to intercept any system, data or personal information from the Platform. You agree not to interrupt or attempt to interrupt the operation of the Platform in any way, and if any hostnames are used as command and control points for botnets, we reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
This Platform may contain links to other websites, some of which are operated by us, our affiliates, or third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Ivans is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
This Platform may provide users with access to information and data regarding carriers, products, opportunities or information relating to insurance ("Products"). Such information and data do not constitute a recommendation of a particular Product or a representation that any Product described on this Platform is suitable or appropriate for any user or the client of any user. The information and data disclosed may not be complete or accurate, or adequately describe risks related to potential transactions. Products described on this Platform may involve significant risks and should not be recommended or used without a full understanding of all risks, and an independent determination by a user that a Product is suitable and appropriate.
In providing the Platform, Ivans is not acting as nor shall it be construed to be an insurer of any risks or a solicitor, producer, agent, broker, or underwriter. Ivans is a service provider only, and is not a principal, agent, or intermediary for you or any person, and is not a party to, or in any way responsible for any transaction or agreement between you and anyone else. You acknowledge and agree that Ivans does not review or check any information or data submitted or provided via the Platform, and in no event shall Ivans be liable for the accuracy of any information or data sent to, sent by, or received from agents or any third party through use of the Platform. You retain sole responsibility for verifying information contained within the Platform or features thereof in issuing its insurance policies, quotations, and as otherwise expected of an insurer acting in a professional capacity.
Ivans is not soliciting any action based upon the information disclosed on this Platform, and specifically, is not soliciting an offer to buy or sell any insurance, or financial product, or instrument in any jurisdiction in which such an offer or solicitation, would be illegal or subject to regulatory oversight. References to Products available in your jurisdiction do not imply that these Products will be made available to you.
You acknowledge that you are responsible for any material you may submit via the Platform, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Platform any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Platform.
If you do submit material, and unless we indicate otherwise, you grant Ivans and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You grant Ivans and its affiliates the right to use the name you submit in connection with such material, if we so choose. All personal information provided via this Platform will be handled in accordance with the Platform's Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us and our affiliates for all claims resulting from content you supply.
YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IVANS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR SYSTEM INTEGRATION. IVANS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY THAT MAY ARISE FROM THE PLATFORM, CONTENT, OR PRODUCTS NOT MEETING YOUR REQUIREMENTS, DOWNTIME, UPDATES, MODIFICATIONS, INTERRUPTIONS, SECURITY ISSUES, USE WITH THIRD PARTY PRODUCTS, OR THE ACCURACY OF INFORMATION PROVIDED. THE PLATFORM REMAINS UNDER PERMANENT DEVELOPMENT AND IS NOT ERROR- FREE. YOU ARE SOLELY RESPONSIBLE FOR SELECTION, USE, VERIFICATION, AND SUITABILITY OF THE CONTENT AND PRODUCTS. ANY ADVICE PROVIDED BY IVANS PURSUANT TO THE AGREEMENT SHALL NOT BE CONSIDERED FINANCIAL, REGULATORY, OR LEGAL ADVICE AND NO REPRESENTATION IS MADE AS TO ITS ACCURACY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND THAT THE PLATFORM IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IVANS NOR ITS AFFILIATES, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE PLATFORM, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS PLATFORM OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE PLATFORM, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF IVANS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IVANS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE PLATFORM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH IVANS IS TO DISCONTINUE YOUR USE OF THE PLATFORM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Ivans and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Platform and any violation of these Terms. Ivans reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Ivans in the defense of such matter.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by notifying us using the information available at https://www.ivans.com/terms-of-use/, and we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Platform.
The laws of the State of Illinois govern these Terms and your use of the Platform, and you irrevocably consent to the jurisdiction of the courts located in Chicago, IL for any action arising out of or relating to these Terms. We recognize that it is possible for you to obtain access to this Platform from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this Platform, or your use of the Platform, is contrary to the laws of the place where you are when you access it, the Platform is not intended for you, and we ask you not to use the Platform. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Terms last revised February 7, 2025