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Audra Carrel

Audra Carrel
NAMIC Public Affairs
Director of Digital Media

Telephone: 317.876.4265
acarrel@namic.org

NAMIC.org Disclaimers, Privacy Statement and Anti-Trust Policy

Contents © 2013 NAMIC. All Rights Reserved.

NAMIC.org (the Site) has been prepared for informational purposes only. By utilizing the Site, and/or its services, you agree to be bound by the terms and conditions of this notice regarding the use of the Site. If you do not agree with the terms and conditions of this notice, you are hereby instructed not to access or utilize information provided by the site, or to submit information to the site.

All materials and services on the Site and any third-party sites are provided "as is" without warranty of any kind. Changes are periodically made to the information in the Site, and NAMIC (National Association of Mutual Insurance Companies) and/or its suppliers may make improvements and/or changes in the Site at any time. With respect to the materials and services contained on this site and in linked sites directly or indirectly accessible from the Site, NAMIC and/or its suppliers make no representations and disclaim all warranties, express or implied, including, but not limited to: warranties of title, noninfringement, merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links, or other items contained within the Site; or the results obtained from accessing and using the Site and/or the content contained herein. NAMIC does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, including the server that makes it available, are free of viruses or other harmful components. The user assumes the entire cost of all necessary maintenance, repair or correction.

Use of the Site is at your own risk. The Site may contain advice, opinions, and statements of various information providers and content providers. NAMIC does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of the Site or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither NAMIC nor its information providers or content providers shall be liable to any user or anyone else for any inaccuracy, error, omission, interruption, use of any content herein, regardless of cause, for any damages resulting there from. Transmission and/or receipt of the information contained in the Site does not constitute a professional-client relationship of any kind. Information in the Site of a legal nature should not be acted upon without seeking professional counsel. It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information contained on any page is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters, and accordingly assume no liability whatsoever in connection with its use.

The information and descriptions contained on the Site relative to any products or services do not comprise a contract. Also, any information and description regarding insurance or financial services are not intended to be a complete description of all coverages, amounts, terms, exclusions and conditions applicable to the products and services, but are provided for general information purposes. The actual coverage, terms, amounts, conditions and exclusions contained in any insurance policy or financial service afforded by any insurer or financial institution is subject to the specific policy or product as issued and their availability may vary by state. Any questions concerning the coverages, terms, amounts, conditions and exclusions of any policy, the applicable underwriting criteria, or other matters affecting the selection and administration of an insurance policy or financial service should be directed to the appropriate staff at the actual provider of such product or service.

No insurance coverage shall be construed as bound, in force, applied for or assumed as a result of submission of data on the Site. The final decision to issue a policy of insurance or a financial product or service lies with the respective individual insurance company or financial institution and is subject to the laws of the applicable state, jurisdiction or province.

The information provided on the Site regarding any insurance or financial service or product is intended for residents of states where the appropriate insurers or financial institutions it represents are licensed. The product descriptions provided on this site are not intended to constitute offers to sell or solicitations in connection with any products or services. Some products may not be available in all states or jurisdictions.

Copyright

All materials, including graphic images, buttons, layout and text posted on the Site are subject to copyrights owned by NAMIC and other individuals or entities. Any reproduction, retransmission, or republication of all or part of any graphic images, videos, materials or documents found on the Site is expressly prohibited, unless NAMIC or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights are reserved.

The names, trademarks, service marks, taglines, and/or logos of NAMIC, NAMIC Insurance Company (NAMICO), NAMIC Insurance Agency, NAMIC Service Corporation, and/or the NAMIC Mutual Brand program appearing on this site may not be used in any advertising or publicity, or otherwise to indicate NAMIC's sponsorship of or affiliation with any product or service, without NAMIC's prior express written permission. Any insurance producer, insurance company, or financial institution logos are the exclusive property of the respective insurance entities, and are used with their permission.

Links To Third Parties' Websites

The Site may contain links to other sites maintained by third parties. Some third party sites may require visitors to be subscribers to their sites for access to content. NAMIC does not operate or control in any respect any information, products or services on such third-party sites and does not guarantee that the links or any information contained thereon will be accurate at the time of your access. Third party links are included solely for the convenience of users, and do not constitute any endorsement, approval or certification by NAMIC, its affiliates and/or its suppliers of the content of any site referenced by a link or otherwise. NAMIC believes that links to publicly accessible web pages and newsgroups is legally permissible and consistent with the common and customary expectations of those who make use of the Internet. User assumes sole responsibility for use of third party links and pointers and disclaimers set forth herein are equally applicable to such third party sites.

Third Party Content

Any opinions, advice, services, or other information made available by third parties, including information providers and users are those of the respective author(s) or distributor(s) and not of NAMIC.

Modification

NAMIC shall have the right, at its discretion, to change, modify, add or remove terms of this agreement or the Site at any time. Notification of any such changes may be made herein, but is not guaranteed. Changes shall be effective immediately, and subsequent use by you of the Site shall constitute your acceptance of them.

Indemnity/Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall NAMIC, or its affiliates be liable for any direct, indirect, incidental, special, consequential or other damages, including but not limited to loss of data or lost profits, that result from the use of, or the inability to use, the materials in the Site.

As a condition of use of the Site, the user agrees to indemnify NAMIC and its suppliers from and against any and all liabilities, expenses and damages arising out of claims resulting from user's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by user of these terms and conditions. If you are dissatisfied with any material on the Site, or with any of terms and conditions for using the Site, your sole and exclusive remedy is to discontinue using the Site.

General

NAMIC reserves the right to deny access to this website to anyone at any time. Any action to enforce these terms and conditions shall be brought in the federal or state courts located in Indiana. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.

Registered Users - Inactivity

NAMIC regularly updates the database of NAMIC.org register users, and deletes all information on individuals for whom there is no activity during the previous two years. Individuals who are deleted from the database for this reason will be required to re-register for site access by submitting new profile information.

Service Contact

Contact webmaster@namic.org with questions about this Web site or additional information regarding the copyright or legal policy. Any rights not expressly granted herein are reserved.


Privacy Statement for NAMIC.org

NAMIC is committed to assuring users that their privacy will be respected and protected. NAMIC has created this privacy statement in order to demonstrate our firm commitment to user privacy. The following discloses the information gathering and dissemination practices for all information collected or submitted to the Site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Website.

Cookies

The Site uses cookies to enhance your on-line experience with NAMIC.org. A 'cookie' is nothing more than a small file that your Web browser will place on your hard drive. It allows us to remember you and keep track of preferences and passwords. Use of cookies allows us to deliver content specific to your interests, and to save your password so you don't have to re-enter it each time you visit our site. You can, of course, set your browser to reject cookies - but keep in mind that this may affect the experience you have on the Site.

Registration Forms

The Site's registration form requires users to give us contact information (like their name, email, and postal address), financial information (like their bank account or credit card numbers), and demographic information (like their zip code, age, or income level).

Contact information from the registration forms is used to ship materials and information about our company or its products and services. The customer's contact information is also used to get in touch with the customer when necessary.

Users may opt-out of receiving future mailings; see the choice/opt-out section below.

Financial information that is collected is used to bill the user for products and services.

Demographic and profile data is also collected at the Site. We use this data to tailor our visitor's experience at the Site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Specific information about you will not be released to any entity not affiliated with NAMIC. An 'affiliate' entity is an organization either owned or managed by the NAMIC or its subsidiaries, NIA or NSC. We will not disclose information about your individual visits to the Site or personal information that you provide, such as your name, address, e-mail address, telephone number, credit card number, personal preferences, etc. to any outside parties, unless required to do so by law. Your name and the fact that you are a registered user may be reported, upon request, to an authorized representative of your NAMIC member employer.

External Links

This site contains links to other sites. NAMIC is not responsible for the privacy practices or the content of such Websites.

Public Forums

This site makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. NAMIC is not obligated to monitor any transmission made through the Web pages. However, NAMIC has the right, but not the obligation, to monitor any transmission made to and from the Site.

Security

The Site has security measures in place to protect the loss, misuse, and alteration of the information under our control.

Choice/Opt-Out

The site provides users the opportunity to opt-out of receiving promotional/marketing information from us. You can send email to webmaster@namic.org.

Data Quality/Access

The site gives users the following options for changing and modifying information previously provided: You can send email to webmaster@namic.org.

Contacting the Website

Any changes to our privacy commitment and policy will be posted here. While we do not anticipate changes to this policy frequently, we do suggest you review our policy and commitment from time to time. This will ensure that you will have complete knowledge of our information practices as they might affect you and your use of the Site. If you have any questions about this privacy statement, the practices of this site, or your dealings with the Site, you can contact: webmaster@namic.org.


NAMIC.org Anti-Trust Policy

As you use NAMIC.org, and any of its features or information, please keep in mind that numerous state and Federal laws absolutely prohibit the exchange of information among competitors regarding price, refusals to deal, or agreements to proceed in certain anti-competitive respects, and that no such exchange of this information is either sanctioned by NAMIC or, if known to us, will be allowed to continue.

Although Congress has given a limited exemption to the insurance industry from certain otherwise prohibited activities, by enactment of the McCarran-Ferguson Act, the users of NAMIC.org should realize; 1) that NAMIC itself, as a trade association, has no such exemption; and 2) that the exemption provided companies has definite limits.

Conviction upon violation of the anti-trust laws (Sherman Act, Clayton Act, FTC Act and Robinson-Patman Act) will result in mandatory jail sentences, fines or both. Insurance company practices are exempt only if they: a) involve the business of insurance; b) are regulated by state law; and c) do not constitute an agreement to boycott, coerce or intimidate or an act to further any of the three.

The following practices should be avoided while using NAMIC.org (Please note that legislative activities are protected by the 1st Amendment and are generally not subject to anti-trust laws.):

  1. Discussing rates or the stabilizing of rates or other terms or conditions of any products to be offered for sale.
  2. Discussing underwriting criteria with an intent toward standardizing.
  3. Discussing a market division plan, including discussions of type or products to be offered, customers to whom insurance products may be sold or the territories in which they may be sold.
  4. Discussing matters that would adversely affect availability of insurance or services to the public.
  5. Discussing future rate plans including actuarial projections.
  6. Discussing "fair" profit levels or discussing price, profits, commission or any other cost components and elements.
  7. Keeping access to NAMIC membership unduly restrictive or denying unique services of NAMIC to non-members.
  8. Developing "standards" for company operations.
  9. Trading information on bidding for office equipment and supplies or agreeing to collectively refrain from purchasing any equipment, services or supplies from any supplier.
  10. Suggesting a certain credit policy.

Posted: Wednesday, March 17, 2004 12:00:00 AM. Modified: Wednesday, August 14, 2013 1:31:07 PM.

317.875.5250 - Indianapolis  |  202.628.1558 - Washington, D.C.

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