TERMS AND CONDITIONS FOR USE OF THE AMERISURE INSURANCE COMPANIES (HEREIN THE “COMPANY”) WEBSITE
This service is owned and operated by Amerisure Mutual Insurance Company, along with its affiliates, which are collectively known as Amerisure or the Amerisure Companies. We welcome your use of this site and we want you, as a User, to be informed about its use and purpose. The information on this site is intended to furnish Users with information needed to properly underwrite insurance policies and administer insurance claims.
II. ACCEPTANCE OF TERMS
User access and use of this website are subject to the following Terms and Conditions, as well as applicable laws and regulations. Please read these terms carefully. If you do not agree with all of these Terms and Conditions, please do not access or otherwise use this website or any information contained on the website.
To signify your acceptance of these terms, click on “I AGREE” at the end of these terms.
III. PASSWORD/ACCOUNT PROTECTION AND USE
. To use this site you were provided with a User identification number and temporary password. Upon acceptance of these terms, you will be required to change your password . You will then select a password which is known by no one other than yourself.
The User identification number designates the organization with which you are affiliated.
B. Password Protection
. Users are responsible for maintaining the confidentiality of their password and account number, and are fully responsible for all activities that occur under their password and account. Users agree to: a) immediately notify Amerisure of any unauthorized use of their password or account or any other breach of security, and b) ensure that they exit from the system at the end of each session to protect against unauthorized access.
Even if use of this website, or any other website maintained by Amerisure, does not require a password, Users agree to obligate their employees, agents and others in their control to abide by these Terms and Conditions and they agree to be responsible for their compliance with these Terms and Conditions
IV. CONFIDENTIALITY OF DATA
Users agree that all information provided on this website is “Confidential Information” and shall be maintained in confidence and not disclosed, used or duplicated, except as permitted by these Terms and Conditions and by law. Confidential Information includes, without limitation, non-public personal information; all lists of policyholders, former policyholders, applicants for insurance, and claimants, and all information relating to and identified with such persons; business volumes and usage; financial information; pricing information; claim information; software and software documentation; and information concerning business plans or business strategies.
Users may use Confidential Information only in connection with performance of their responsibilities to Amerisure or one of its policyholders or claimants. Users may not copy Confidential Information or disclose Confidential Information to any third person, including their employees who do not need Confidential Information to perform their obligations to Amerisure or one of its policyholders or claimants.
Users may not advertise, market or otherwise make known to others any Confidential Information to which they are privy under this Agreement, nor may they use such Confidential Information for the purpose of advertising or marketing their products or services. If Users need to disclose Confidential Information to a third party in order to perform their obligations to Amerisure or one of Amerisure’s policyholders or claimants, Users must first obtain Amerisure’s written consent to make such disclosure, and Users must enter into a confidentiality agreement with such third party under which that third party would be restricted from disclosing, using or copying such Confidential Information, except as may be permitted by law.
A breach of Users’ confidentiality obligations under these Terms and Conditions or their disclosure of Confidential Information without Amerisure’s prior consent may cause Amerisure to suffer irreparable harm in an amount not easily ascertained. Users agree that any breach resulting from their negligence, whether threatened or actual, will give Amerisure the right to: a) suspend or terminate their access, and to refuse any and all current or future use of this site ( or any portion thereof), b) obtain equitable relief, i.e., obtain an injunction to restrain such disclosure or use, and c) pursue all other remedies Amerisure may have at law or in equity, including recovery of fines, penalties and legal fees incurred in defending against the same. The provisions of this Section shall survive the termination of this Agreement.
V. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and other materials, on this website or any other website maintained by Amerisure, are copyrights, trademarks and/or other intellectual properties owned or licensed by Amerisure. No material from this website or from any other website maintained by Amerisure may be copied, reproduced, republished, uploaded, posted, transmitted, modified, distributed or publicly displayed, other than for User’s own use of this website. Doing so violates the copyright and other property rights of Amerisure or the party who licensed the use of such copyright to Amerisure.
Users may not remove, alter, or block any copyright or other proprietary notice on this website or any other website maintained by Amerisure. Users may not assign, transfer, sell, lease, rent, charge, distribute, disclose or market to any third party any materials related to this website or any other website maintained by Amerisure, or otherwise deal in, encumber or infringe upon such materials, or use such materials on behalf of any third party or make available such materials to any third party.
All other trademarks and service marks are the property of their respective owners.
VII. LINKS TO THIRD PARTY WEBSITES
Amerisure may provide, or third parties may provide, links to other websites or resources. Because Amerisure has no control over such websites and resources, Users acknowledge and agree that Amerisure is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Users further acknowledge and agree that Amerisure 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 use of or reliance on any such content, goods or services available on or through any such website or resource.
VIII. NO WARRANTIES – THIS WEBSITE IS PROVIDED “AS-IS”
THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Information contained on this website has been prepared by Amerisure as a convenience to Users and is not intended to constitute advice upon which Users may rely.
Amerisure has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this website or any other website maintained by Amerisure. To the extent Users are relying on information from this website they do so at their own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMERISURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMERISURE DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY AMERISURE OR THE SERVER(S)
THAT MAKES THE WEBSITES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMERISURE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT INFORMATION AND MATERIALS IN THIS WEBSITE OR ANY OTHER WEBSITE ARE CORRECT, ACCURATE, TIMELY, RELIABLE, CORRECTLY SEQUENCED OR OTHERWISE. THE USER (AND NOT AMERISURE), ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
UNDER NO CIRCUMSTANCES, REGARDLESS OF WHETHER BASED ON CONTRACT, TORT OR NEGLIGENCE, OR IN LAW OR IN EQUITY, SHALL AMERISURE BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, OR UNTIMELINESS OF ANY CONTENT ON THIS WEBSITE, OR THE USE, INTERRUPTION OF USE, OR INABILITY TO USE THIS WEBSITE, THE MATERIALS IN THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY AMERISURE, OR OTHERWISE RELATING TO THIS WEBSITE, EVEN IF AMERISURE OR AN AUTHORIZED REPRESENTATIVE OF AMERISURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USERS MAY BE ABLE TO DOWNLOAD FROM THE SYSTEM ELECTRONIC COMMUNICATIONS SENT AND RECEIVED AND TO MAINTAIN AND STORE COMMUNICATIONS ON THEIR SYSTEM. UNDER NO CIRCUMSTANCES SHALL THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY AMERISURE BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF DOWNLOADING OR STORING ELECTRONIC COMMUNICATIONS.
You can choose to have your browser warn you each time a cookie is delivered to you, or you can choose to reject all cookies delivered through your browser. You can do this by changing the security settings on your browser.
Please note, if you choose to reject cookies, you may not have an optimal experience on our website, as some features may not work properly.
One source of information about cookies can be found at http://www.cookiecentral.com/.
XII. CONNECTION REQUIREMENTS
Users are responsible for providing and maintaining, at their own option and expense, all hardware, software and communication lines required to access and use this website. Amerisure reserves the right to change the configuration at any time, so Users are encouraged to review these Terms and Conditions regularly.
XIII. ACCEPTABLE USE POLICY
The following are not permitted on this website:
Illegal use. Using this website to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder;
Harm to minors. Using this website to harm, or attempt to harm, minors in any way;
Threats. Using this website to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property;
Harassment. Using this website to transmit any material (by email, uploading, posting, or otherwise) that harasses another;
Fraudulent activity. Using this website to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters;”
Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information;
Unsolicited commercial email/Unsolicited bulk email. Using this website to transmit any unsolicited commercial email or unsolicited bulk email, or facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature;
Unauthorized access. Using this website to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Amerisure’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
Copyright or trademark infringement. Using this website to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
Collection of personal data. Using this website to collect, or attempt to collect, personal information about third parties without their knowledge or consent;
Reselling the services. Reselling access, any content or any aspect of this website without Amerisure’s authorization; and
Network disruptions and unfriendly activity. Using this website for any activity which adversely affects the ability of other people or systems to use the website, including “denial of service” attacks against another network host or individual user, interfering with or disrupting other network users, network services or network equipment.
Amerisure may take any one or more of the following actions in response to actual or suspected violations above:
Issue warnings: written or verbal;
Suspend posting privileges;
Suspend or terminate the User’s account;
Charge the User for administrative costs and/or reactivation charges; or
Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Amerisure may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
XIV. RIGHT TO MONITOR
Although Amerisure neither actively monitors use of this website under normal circumstances, nor exercises editorial control over the content of any third party’s website, electronic mail transmission, news group, or other material created or accessible over or through this website, it reserves the right to do so. Amerisure reserves the right to remove any materials that, in Amerisure’s sole discretion, may be illegal, may subject Amerisure to liability, may violate these Terms and Conditions, or are, in the sole discretion of Amerisure, inconsistent with Amerisure’s purpose for this website.
Amerisure, in its sole discretion, may terminate Users’ passwords, accounts (or any part thereof) or use of this website, and remove and discard any content within the website, for any reason, including, without limitation, for lack of use or if Amerisure believes that Users have violated or acted inconsistently with these Terms and Conditions or the purpose of this website. Amerisure may also in its sole discretion and at any time discontinue Users’ access to the website, or any part thereof, with or without notice. Users agree that any termination of their access to the website under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that Amerisure may immediately deactivate or delete Users’ account and all related information and files in their account and/or bar any further access to such files or the website. Further, Users agree that Amerisure shall not be liable to them or any third-party for any termination of their access to the website.
XVI. REPRODUCTION OF MATERIALS FOUND ON THIS WEBSITE
Users agree to not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this website or its contents, except as expressly permitted by Amerisure, in writing.
XVII. DATA SECURITY
This website has what Amerisure believes to be reasonable security measures to protect the loss, misuse, and alteration of the information under our control. While Amerisure takes steps it believes to be reasonable to protect the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
This Agreement is governed by Michigan law without regard to conflict of law provisions.
The federal and state courts located in Michigan alone have jurisdiction over all disputes arising out of or related to this Agreement and the website. Users consent to the personal jurisdiction of such courts sitting in the aforementioned State with respect to such matters or otherwise between Users and Amerisure, and waive their rights to removal or consent to removal.
Any provision of these Terms and Conditions that by their nature extend beyond the expiration of this agreement shall survive expiration or termination of this agreement and shall remain in effect until all such obligations are fully satisfied.
If any provision of these Terms and Conditions or the application thereof to any party or circumstances shall, to any extent, now or hereafter be or become invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby and every other provision of this Agreement shall be valid and enforceable, to the fullest extent permitted by law.
XIX. CONTACTING US
If you need to contact us, you may do so at the following addresses:
Office of General Counsel
P.O. Box 2060
Farmington Hills, Michigan 48333-2060