NAMIC Online provides services to the Registered Users expressly subject to these Terms of Service, which we may update at any time with or without notice.
THESE TERMS GIVE THE REGISTERED USERS AND NAMIC ONLINE CERTAIN RIGHTS AND RESPONSIBILITIES. IN THE EVENT OF ANY CHANGE TO THESE TERMS, THE REGISTERED USERS FAILURE TO PROMPTLY DISCONTINUE USE OF THE SITE AND SERVICES WILL BE DEEMED TO INDICATE ITS ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY SUCH CHANGES. BY COMPLETING THE REGISTRATION PROCESS OR FORM AND CHECKING THE "I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS FOR ACCESS TO NAMIC ONLINE" BOX, THE REGISTERED USER ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS AND ANY SUCH CHANGED PROVISIONS, WITHOUT LIMITATION OR QUALIFICATION, AGREES TO REGULARLY REVIEW THESE TERMS TO ENSURE THAT THEY ARE INFORMED OF ALL SUCH MODIFICATIONS AND ADHERE TO THEM, AND AGREES THAT IT IS THEIR SOLE RESPONSIBILITY TO ENSURE THAT THE E-MAIL ADDRESS ON FILE WITH NAMIC ONLINE IS LEGITIMATE AND CORRECT, TO PROMPTLY UPDATE ALL SUCH E-MAIL ADDRESSES, AND TO CHECK MESSAGES TO SUCH ADDRESSES FREQUENTLY IN ORDER TO TIMELY REVIEW ANY NOTICES RECEIVED FROM NAMIC ONLINE.
DESCRIPTION OF SERVICES; STATEMENT OF INTENDED USE NAMIC Online ("the Site") features news, information, products and services ("the Services") for the property/casualty insurance industry. NAMIC Online is owned and operated by the National Association of Mutual Insurance Companies, a not-for-profit trade association for the property/casualty insurance industry.
In addition to publicly accessible content, NAMIC Online offers enhanced content to visitors who choose to become Registered Users of the site.
NAMIC Online may at any time terminate the Services or any feature, or the Registered Users' access to the Services and any such changes will be subject to these Terms.
REGISTRATION To become a Registered User and access enhanced content, an individual must complete the NAMIC Online User Registration form. The Registered User must provide accurate and complete information (the "Registration Information") and promptly update the Registration Information so that it is always accurate and complete.
USER NAME; PASSWORD; SECURITY Upon registration, the Registered User will select a User Name (unless one has previously been assigned by NAMIC Online) and a password. The Registered User is entirely responsible for maintaining the confidentiality of the User Name and Password (if applicable). The Registered Users will notify NAMIC Online immediately of any known or suspected unauthorized use, activities or disclosure of enhanced content, or any other breach of security. NAMIC Online will not be liable for any failure by the Registered User to comply with this or any other provision of these Terms.
TERMINATION NAMIC Online, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services, registration code, any password, registration, any part or all of the Site, and/or the Registered Users access to and use of any part or all of their personally identifiable information (collectively, "Personal Information"), Registration Information, the Services and/or the Site, and/or their rights under these Terms (all of the foregoing rights and actions to "Terminate" or a "Termination"), all at any time, with or without cause and for any reason, including without limitation if (a) NAMIC Online believes that the Registered User has violated or is threatening to violate these Terms, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, (b) NAMIC Online believes that the Registered User has accessed or is attempting to access any part of the Services or Content without authorization, or the Registration, or Personal Information of any other Registered Users, (c) NAMIC Online discontinues the Services or any part thereof for any reason, or (e) the Site is not accessed or used as described in accordance with these Terms.
A Termination described may be made with or without notice and will be effective immediately. If a Registered User is the subject of a Termination described in this Section, they may not re-register for or continue to use the Services in any manner or for any reason. If the Registered User wishes to terminate its use of the Services, its only recourse is to discontinue the use of the same.
PRIVACY NAMIC Online respects the privacy of its registered users. Please read our Privacy Statement at http://www.namic.org/disclaimer/default.asp, which is included by reference as part of these Terms.
ANTI-SPAM POLICY NAMIC Online does not condone or allow spam. NAMIC Online registered users may not use the Services, Content, the NAMIC.ORG name or servers to email or otherwise transmit, distribute, publish or disseminate any unsolicited advertising, survey, promotional materials, "junk email," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise).
WARRANTY INFORMATION AND DISCLAIMERS THE SERVICES, CONTENT, SITE, THIS WEBSITE, LINKED SITES, SERVERS, STORAGE FACILITIES, AND ALL INFORMATION, SERVICE AND PRODUCTS ADVERTISED, PURCHASED, OBTAINED OR ACCESSED THROUGH THEM OR ANY THIRD PARTY PROVIDER (COLLECTIVELY, "THE MATERIALS") ARE PROVIDED "AS AVAILABLE" AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. WITH RESPECT TO THE MATERIALS AND TO THE FULLEST EXTENT PERMITTED BY LAW, NAMIC ONLINE EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, (B) ANY WARRANTIES THAT THE MATERIALS WILL MEET THE SUBSCRIBING ORGANIZATION'S OR ITS MEMBERS' REQUIREMENTS OR EXPECTATIONS, OR WILL BE RELIABLE, TIMELY, QUICK, CONSISTENT, SECURE, COMPLETE OR FREE OF ERRORS, INACCURACIES, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR (C) ANY WARRANTIES CONCERNING THE USE OR THE RESULTS OF USE OF ANY OF THE MATERIALS.
THE REGISTERED USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR HIS OR HER USE OF THE MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL NAMIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) PERFORMANCE, USE, INABILITY TO USE, MISUSE OR PROVISION OF THE MATERIALS, OR ANY FAILURE, DELAY, INTERRUPTION, SUSPENSION, CHANGES OR TERMINATION THEREOF, OR THE COST OF PROCURING SUBSTITUTES THEREFOR, (B) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR INFORMATION IN THE MATERIALS, (C) FAILURE TO BACKUP OR STORE, LOSS OF ACCESS, DELETION OR UNAUTHORIZED ACCESS TO OR ALTERATION OR USE OF THE MATERIALS OR THE REGISTERED USERS TRANSMISSIONS, DATA, OR PERSONAL, REGISTRATION OR SITE INFORMATION, (D) ANY LOSS OR INTERRUPTION OF DATA, TRANSMISSIONS OR PERSONAL, REGISTRATION OR SITE INFORMATION RESULTING FROM NETWORK, SERVER OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASON, (E) ANY INFRINGEMENT OF RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS), (F) STATEMENTS OR CONDUCT OF ANY PARTY USING THE MATERIALS, OR (G) ORDER FULFILLMENT, CUSTOMER SERVICE, BILLING OR ACCOUNT COLLECTION BY A THIRD PARTY PROVIDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NAMIC ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE REGISTERED USER'S SOLE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE, THE SITE AND THE SERVICES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL REGISTERED USERS OF NAMIC ONLINE.
INDEMNITY The Registered Users agree, to the extent allowed under federal or any applicable state law, to indemnify and hold NAMIC Online, its parents, subsidiaries, affiliates, officers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys' fees, arising directly or indirectly out of (a) the Subscribing Organization's or its Members' use of or connection to the Services, the Site, or the Materials, (b) Site Information or other information transmitted or stored by the Subscribing Organization or its Members through or on the Site or the Services, (c) activities in connection therewith, or (d) the Subscribing Organization's or its Members' breach of this Agreement or violation of the rights of any other party.
PROPRIETARY RIGHTS The Services, this Site, the Materials , and all trademarks described hereof, including but not limited to all material distributed or presented to the Registered Users through the Services by NAMIC.ORG or its Third Party Providers or on the Linked Sites, and all rights and intellectual property rights therein, are the sole property of NAMIC, or its Third Party Providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to NAMIC Online through this Website, in writing, by e-mail or otherwise to NAMIC Online will be the property of NAMIC Online and NAMIC Online will have all rights therein without any obligation to compensate the Registered Users. Any rights not expressly granted herein are reserved.