Terms of Use

Acceptance

These API Terms of Use (“API Terms”) are entered into between Mercury General Corporation and its affiliates and subsidiaries (collectively “Mercury” or “We/Our”) and you and any company you represent (collectively referred to hereafter as “You/Your”), as the user of the Mercury API Portal (the “API Portal”), with respect to Your or Your company’s use of Mercury’s APIs and API Portal. These API Terms supplement Mercury’s generally applicable Terms of Use, and the API Portal is one of the “Mercury Sites” referred to there and subject to those Terms of Use. The API Portal may include licensed products, data, and services provided by suppliers to Mercury as well as products, data, and services owned by Mercury. If You do not agree with the API Terms, You must discontinue all access to and use of the API Portal and Our APIs. You agree that these API Terms govern Your use of the API Portal and You are deemed accept the API Terms by (a) creating or accessing Your account on the API Portal; (b) using the API Portal; or (c) using our APIs.

API and API Portal

Subject to Your compliance with the API Terms and any API Policies (as defined below), Mercury hereby grants you a limited, non-exclusive, non-assignable, non-transferable, revocable-at-any-time license to use the Mercury APIs to develop, test, support, and use Your application and access our API Portal. You may only use the API Portal for the purposes for which You are being provided access. This may include utilizing application programming interfaces or other software (“API”), using data or computer networks made available by Mercury through the API Portal, developing, testing, or supporting Your application, and allowing other users to use your integration of the APIs within Your application. Each API may have associated policy or procedure documentation or agreements (“API Policy(ies)”) that may set forth additional terms relating to the use of that certain API and any data or content provided through or submitted to that particular API. In the event of the conflict between these API Terms and the API Policies, the API Policies shall control. Subject to Your compliance with the API Terms and API Policies, Mercury hereby grants You a limited, non-exclusive, non-assignable, non-transferable, revocable-at-any-time license to use the Mercury data that may available through the APIs and API Portal to integrate your product, service, or application with our APIs for Your internal business purposes and to develop and provide Your products or services for Your customers, but for no other purpose. All rights not expressly set forth herein are hereby reserved.

API Portal and Your Content

You may use the API Portal and the APIs made available to use solely in accordance with any instructions from Mercury or documentation related to the APIs and otherwise in accordance with these API Terms. Mercury, or as applicable, its suppliers or licensors, owns all software, APIs, documentation, material, data, or property (“Mercury Material”). Your use of any Mercury Material is subject to these API Terms. For all data or material that You submit to Mercury through our API and API Portal (“Your Content”), You hereby grant Mercury a perpetual, irrevocable, non-exclusive, assignable, transferable, worldwide, and fully paid-up and royalty-free license to use, host, store, modify, communicate, and publish Your Content for commercial and non-commercial purposes, including, without limitation, as a part of providing You with the APIs or API Portal; providing You or others with Mercury products or services; improving or developing Mercury products, services, APIs, or API Portal. Unless otherwise specified in separate agreement between Mercury and You or as may be set forth in the API Policies, Mercury retains all ownership of all data stored in or provided by the APIs, made available hereunder. Your use of any Mercury data will be limited to use solely related to the use of the API, and must comply with the API Terms and the API Policies.

Representations and Warranties

You represent and warrant to Mercury that:

You have all right, title, and interest to license Your Content to Mercury;
Your Content does not violate, infringe upon, or misappropriate a third party’s intellectual property or proprietary rights or breach any contract with a third party or otherwise violate applicable laws;
Your Content will not contain any disabling device or any malware or other software routine, scripts, or code that could cause (i) unauthorized access to equipment, systems or data, (ii) unauthorized disclosure of data, (iii) unauthorized deletion of data, or (iv) disabling or otherwise harming API Portal; and
You have the power and authority to enter into and adhere to the API Terms.

Use of APIs

Unless specifically set forth in the applicable API Policy, You are not permitted to do, or attempt to do, any of the following:

Assign, transfer, sell, or license any rights granted to You herein to any third party;
Disable, deactivate, interfere with, modify or circumvent any security protocols, systems, passwords, access controls, technologies, features, functionality or methodologies associated with the Mercury Sites or the APIs;
Defeat, remove, deactivate or otherwise circumvent any protection mechanisms for the Mercury Sites or the APIs;
Upload, transmit, link to, or publish any illegal, threatening, abusive, defamatory, libelous, deceptive, unfair, obscene, or offensive data or content to the APIs or the Mercury Sites;
Upload, transmit, link to, or publish any material which could be used to exploit or harm minors or others, containing sexual or pornographic content, pertaining to gambling, or advocating intolerance of other individuals;
Transmit, communicate, propagate, or introduce any virus, malware, malicious or destructive code, software, files, systems, denial of service attack, or otherwise;
Send or transmit any unsolicited, illegal, or unpermitted communications, marketing, advertising, spam, or otherwise;
Use the APIs, or information gained from access to the APIs, to migrate (or attempt to migrate) individuals or entities away from a Mercury service or product, unless permitted in writing by Mercury or except in connection with the use of the API by Your application;
Create copies of any data You access or obtain through use of the APIs, by scraping, building databases, or otherwise, unless such is necessary to enable Your application to be used in an intended manner;
Request more data than your application needs for its intended functionality;
Request, use, or make available data that was obtained by using the APIs beyond any permissions customers granted You in connection with using Your application;
Use your application to enable others to circumvent the need to obtain a license from Mercury to use the application or service accessed through the API;
Misrepresent the need for others to obtain a license to use the product or service accessed through the API;
Hide a violation of these API Terms through obscuring or altering the source of incoming queries or in any other manner;
Circumvent or attempt to circumvent any limits placed on Your use of the APIs by Mercury;
Use the APIs for performance testing of Your application, unless permitted in writing by Mercury;
Use the APIs, or data accessed or obtained from them, to discover or expose an actual or potential security vulnerability;
Use the APIs in any way that unreasonably increases the risk of a privacy or security violation for Your or Our customers;
Post or transmit material that is confidential to You;
Post or transmit material that is confidential or proprietary to a third party, unless You have written permission from the third party to do so;
Access the API Portal from outside the United States of America;
Use the APIs in such a way that Your usage negatively affects the stability of the APIs or the manner in which other apps using the APIs behave;
Use a disproportionate amount of bandwidth;
Sell, resell, redistribute, transfer, assign, or license Your access to or use of the API Portal, charge a fee to access the API Portal, or otherwise provide the API Portal as a service bureau to any third parties;
Use the APIs or the Mercury Sites for any purpose or in any manner not permitted by applicable laws, including uploading, transmitting, linking to, or publishing material that violates any copyright, trademark, fair use, insurance, or financial disclosure laws;
Upload, transmit, link to, or publish an image unless You own the exclusive right to display the image in this context, and if the image is of a person, that you have their consent and have also verified confirmation that they are of legal age;
Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, organizational form, or specifications of the APIs or the Mercury Sites, software, or system;
Provide any permitted access codes, passwords, or security tokens or information to any third party, except as otherwise provided herein;
Interfere with, disrupt or attempt to gain unauthorized access to Mercury’s computer network or systems;
Interfere with the operation of or disrupt the APIs or any other party’s use of the APIs or the Mercury Sites or systems or use the APIs in any way that could harm or damage Mercury, the APIs, or anyone else’s use of the APIs; or
Otherwise use the APIs for any purpose or in any manner not expressly permitted by the API Policies, these API Terms, or by Mercury in writing.

Confidentiality

Your access to and use of the API Portal or any APIs contained therein may result in the access to or receipt of Confidential Information of Mercury. Unless You have executed a separate written agreement with Mercury that specifically governs the use and disclosure of this Confidential Information, the following applies to You:

You will use Confidential Information solely for the purposes for which such Confidential Information was provided (for example, solely related to your use of the API in accordance with its documentation) and for no other purpose.
“Confidential Information” means all information, data, software, documentation, content, designs, and materials that is made available to You or otherwise accessible through Your use of the API Portal. Mercury exclusively owns Confidential Information. Confidential Information does not include any data or information which (a) was in Your lawful possession and owned by You prior to Your use of the API Portal, (b) is later lawfully made available to You by a third party having no obligation of secrecy or confidentiality to Mercury, (c) is independently developed by You and not otherwise a derivative of Mercury Confidential Information, or (d) is or later becomes available to the public through no act or failure to act by You. Confidential Information includes, but is not limited to, Mercury’s ideas, inventions, discoveries, techniques, processes, procedures, patterns, formulas, compilations, methods, devices, improvements, technical data and specifications, testing methods, research and development, computer programs and designs, products/pricing, costs, customer information, programs, systems, and/or other business strategies.
You agree that all Confidential Information remains the property of Mercury and neither these API Terms nor the furnishing of any Confidential Information via the API Portal will be construed as granting any license or title to any patent, copyright, trademark or other proprietary right owned or controlled by Mercury.
You will not allow access to or disclose Confidential Information to any third parties, except Your employees or agents who have a need-to-know the Confidential Information for the purposes for which such Confidential Information was disclosed (“Representatives”) and solely to provide services to You.
You will execute a confidentiality agreement with each Representative that contains nonuse and nondisclosure provisions no less restrictive than those provisions specified in these API Terms.
At any time upon request, You will discontinue all access to and use of Confidential Information and return or destroy the Confidential Information as specified by Mercury.
You will not use in advertising, publicity, or otherwise any name, trade name, trademark, trade device, service mark, symbol or any abbreviation, contraction or simulation thereof owned by the Mercury or its affiliates or subsidiaries or its employees or agents. You will not represent, directly or indirectly, to any third party that any of Your products or services have been approved or endorsed by Mercury.

Use of Third-Party Service Providers

Notwithstanding anything to the contrary herein, You may designate a third party to use, consume, or process Mercury API services on Your behalf, provided that You notify Mercury in writing and the third party accepts these API Terms. Mercury may release Confidential Information to a designated third party and rely on the direction of a designated third party as if the third party were You. By releasing your username, password, or any other authentication or security measures required by Mercury to a third party, you are authorizing that person or entity to act and conduct transactions on your behalf, and You are fully responsible for any work performed or taken by such third party in connection therewith, including any actions taken in contravention of Your obligations of confidentiality and data security.

Suspension and Termination

Mercury may suspend, disable, remove, or terminate Your access to and use of Mercury data, our APIs, API Portal at any time and for any reason in its sole discretion, including Your violating any of the API Terms. Mercury may do so without providing You notice of suspension or termination. Upon termination of Your access to the API Portal, all rights and licenses granted to You, including Your license to use our APIs and Mercury data, will terminate immediately, and You shall promptly destroy copies of all documentation and data provided to You by Mercury hereunder.

User IDs, Passwords, or Access Codes

You may not share your user ID, password, or access codes (if any) with other users or with third parties, except as permitted by Mercury in writing. You are responsible for Your use of Your user ID, password, and any access codes and any loss, theft, or unauthorized disclosure or use of your user ID, password, or access codes. You will immediately notify Mercury in the event of any loss, theft, or unauthorized disclosure or use of any user ID, password, or access code, or if You have reason to believe that Your access to the API Portal is no longer secure for any reason. In the event that You and Mercury establish federated identity access, You agree to implement Your own authentication, authorization, and identity management process for users, based on privacy laws and the concepts of least privileged and appropriate access. You shall be solely responsible to manage the authentication, authorization, and identity management process for all users.

Indemnification

You agree to defend, indemnify, and hold harmless Mercury and its subsidiaries and affiliates, and its and their employees, contractors, agents, officers, and directors, from and against any and all third-party claims, actions, causes of action, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees) arising out of or relating to: (i) Your access to and use of the API Portal; (ii) Your failure to comply with the API Terms , (iii) Your alleged or actual infringement or misappropriation of any Mercury or any third-party intellectual property rights; (iv) Your breach of any of Your representations, warranties or obligations set forth herein, including, but not limited to, those pertaining to security, privacy, and confidentiality; or (v) Your violation of any applicable laws. In defense of any such third-party action, You agree to use counsel that is reasonably satisfactory to Mercury. Any consent to the entry of a judgment or settlement entered into by You with respect to such third-party claims is invalid without Mercury’s prior express written consent. Notwithstanding the foregoing, Mercury may, in its sole discretion, choose at any point to take over the defense of such a claim at its own expense; however, any such action by Mercury will not limit your indemnification obligations hereunder.

Privacy

Mercury’s Privacy Statement explains how we collect, use and share visitor information. You shall comply with Mercury’s Privacy Statement and Mercury’s applicable product privacy notices. Mercury may use Your personal information in accordance with its Privacy Statement. You shall keep your information relating to your API and API Portal account up to date.

Security and Mercury Sites

In the event that You are using, accessing, or connecting to the Mercury Sites, You shall have previously implemented and shall maintain a written information security program that contains administrative, technical, and physical safeguards to protect Confidential Information and personal information (collectively “Information”) that are no less rigorous than accepted industry practices including, without limitation, the National Institute of Standards and Technology’s Framework for Improving Critical Infrastructure Cybersecurity, the International Organization for Standardization and the International Electrotechnical Commission (ISO/IEC) 27000 family of standards, or other applicable industry standards for information security. Except as otherwise approved by Mercury, Your access and connection to the Mercury Sites will be logically separated from Your access and connection to any Sites of Your other service providers. Without unreasonable delay, but in no event longer than two (2) business days, You shall notify Mercury of any security-related incident You discover that may impact the Mercury Sites. You shall also take all appropriate steps to remedy the security related incident, to the degree possible, including cooperating with Mercury. You shall notify Mercury’s Operations Center at 1-714-671-6500 (or any contact information specified by Mercury in writing), of any unauthorized access to Information that compromises the security or confidentiality of such Information. You shall only allow users who have been authorized by Mercury to use, access, or connect to the Mercury Sites.

Information Security Program

You shall: (a) respond to Mercury’s reasonable requests for information concerning your Information Security Program; (b) complete Mercury’s information security risk management questionnaires upon request; and (c) reasonably address any applicable control deficiencies identified through the exchange of questionnaires and responses. To the best of Your knowledge, Your responses to questionnaires received will be truthful, accurate, current and complete.

Monitoring

In order to ensure the quality of APIs and the API Portal, improve its products and services, and verify Your compliance with these API Terms, Mercury may monitor usage of the APIs, including using your website and applications to identify security issues that could affect Mercury, its users, or customers. You shall not to interfere with any such monitoring. If such interference occurs, Mercury may use whatever technical means is needed to overcome the interference.

Hyperlinks, Third-Party Sites

From time to time, Mercury may authorize linked websites or APIs to or from the API Portal. These third-party sites are controlled and operated by third parties and not by Mercury. Mercury does not endorse, authorize, sponsor, or affiliate with those third-party websites.

Updates

You agree that Mercury may update these API Terms from time to time. Any update to these API Terms may be made available via a link displayed on the API Portal log in screen or via an email sent to the email address you provided to Mercury. These updates become effective upon posting. Your continued use of the Mercury API, API Portal, or Mercury data after any updates constitutes your acceptance of the updated Terms as of the “posted date” of the new API Terms.

Additional Terms

Governing Law
Mercury operates the API Portal from its offices within the United States. Mercury does not represent that site content or APIs, the API Portal, or Mercury data are appropriate or applicable for use in any other country, and access from certain countries other than the United States may be strictly prohibited. You acknowledge and agree that You are accessing the API Portal on Your own initiative, at Your own risk, and are responsible for compliance with all local laws. These API Terms are governed by and will be interpreted in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. The state and federal courts of Orange County, California, will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these API Terms.
Compliance with Laws
You shall comply with all applicable state, federal, and local laws, rules, and regulations, including privacy laws related to any data or information you submit to the API Portal or otherwise receive from Mercury by way of your access to the API Portal.
Survival
The titles used in these API Terms are for reference purposes only. The provisions under the following headings will survive any termination or expiration of the API Terms (and any suspension or termination of Your access to or use of API Portal): API Portal and Your Content, Use of APIs, Confidentiality, User IDs, Passwords, and Access Codes, Disclaimers of Warranties and Liability, Indemnification, and Additional Terms.
Severability, Assignment
If any portion of these API Terms is found to be unenforceable, the remaining sections of the API Terms will remain in effect. You may not assign these Terms or assign, transfer or sublicense your rights, if any, in the API Portal.
Waiver
Failure by Mercury, in any instance, to exercise any of its rights under these Terms will not constitute waiver of such right or any other rights under the Terms.
Waiver of Jury Trial and Class Action
WITH RESPECT TO ANY DISPUTE WITH MERCURY OR OUR SERVICE PROVIDERS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS, YOU HEREBY (I) GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) GIVE UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.