Effective Date: January 2021
A. While the public areas of our Site are generally available to anyone, the Services (including certain website pages and services we provide) are intended for access and use by individuals who are at least 18 years old and who register with us. If you submit to register as a member by clicking on the checkbox on our “Create Account” Site page you agree to be bound by these Terms. You represent (i) that you are at least 18 years old and reside in a state, region, or country in which the Services may legally be provided, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that you have not previously been suspended or removed from the Service, and (iv) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
B. Users who register for an account with us are referred to as “Registered Users”. Registered Users have access to additional content (“Additional Content”). All of the information that you supply to us in creating your User account must be accurate. You are responsible for maintaining the confidentiality of your account and password.
C. We may use the email you provide to us in your Registered User account profile to provide you with service messages and updates. By becoming a Registered User you are consenting to the receipt of these communications.
D. You are responsible for authorizing, deauthorizing and administering account access.
E. You are responsible for maintaining confidentiality of all passwords.
F. We periodically update the database of Registered Users, and we may delete all information on Registered Users for whom there is no activity during the previous two years. Users who are deleted from the database for this reason will be required to reregister (see our re-registration Site page here) for access to the Registered Users area of the Site by submitting new profile information.
4. GRANT OF RIGHT TO ACCESS. We grant you a personal, limited, non-transferable, non-exclusive right to access and use the Site and our Services (Registered Users having the right to access additional content) as set forth in these Terms, provided that (i) you use the Site and the Services according to the Terms; (ii) you will use the Site and the Services only for purposes that are permitted by these Terms; (iii) you will not alter, adapt or otherwise modify any part of the Services other than as may be reasonably necessary to use that part of the Services for their intended purpose(s); (iv) you will use the Site and the Services in accordance with all applicable laws and regulations; (v) you will otherwise comply in full with these Terms; and, (vi) you will not distribute or transfer any portion of the Site on any media without our prior written approval.
A. You agree that use of the Site and the Services does not constitute any basis for ownership of the Site or the Service and that we, our affiliates, or our licensors own all legal right, title, and interest in and to the Site and the Services and all information, materials, images, buttons, layout, software, photographs, articles, functions, text, video, and other content solely provided by or on our behalf on the Services. The Site, Service, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Site and the Services. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are our property, or that of our affiliates or licensors. Nothing on the Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Site or the Services will terminate the permission or license granted herein and may violate applicable law. Any improvements or modifications you suggest to our Site or Service we shall own, and you agree to and do hereby assign to us all your right, title and interest in and to any modifications and improvements automatically upon creation and without the need for further action, consideration, or notice to affect such assignment. 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 we or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit, or republish the material.
B. The trademarks, service marks, taglines, and logos of NAMIC and its affiliated entities appearing on the Site are owned by NAMIC or its affiliates, and may not be used in any advertising or publicity, or otherwise to indicate NAMIC’s (or NAMIC’s affiliates’) sponsorship of or affiliation with any product or service, without NAMIC’s prior express written permission. All third-party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Any insurance producer, insurance company, or financial institution logos are the exclusive property of the respective insurance entities, and are used with their permission.
7. 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. You assume sole responsibility for use of third-party links and pointers and disclaimers set forth herein are equally applicable to such third-party websites.
8. THIRD PARTY CONTENT. Any opinions, advice, services, or information made available on the Site by third parties, including information providers and users are those of the respective author(s) or distributor(s) and not of NAMIC.
9. MODIFICATION OF THE TERMS. We reserve the right to modify the Terms from time to time, with or without notice, and we will post the modified Terms on our Site. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. With respect to such modified Terms, we may, at its sole discretion, require you to accept the then-current Terms via a click-through box. Even without such a “click accept” agreement, your continued use of the Site or Services after such modifications will constitute your acknowledgement and agreement of the modified Terms. Your use of the Site or the Services in any way after a change to the Terms is effective means you agree to the updated Terms.
A. We reserve the right to stop providing the Site or the Service to you or access to the Site at any time for any reason and without prior notice.
B. We reserve the right, in our sole discretion, to terminate any Registered User’s account, without prior notice, for any one or all of the following: (i) if you breach, whether intentional or unintentional, any of these Terms, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any of our rights; (ii) upon our receipt of any third party chargeback associated with any payment method tendered as payment on your account; (iii) if we do not receive a written response from you within 48 hours of any notice sent to you; (iv) if, in our judgment, your use of the Site or the Service has the potential to pose any harm to us, any of our members, affiliates, partners, service providers, or customers; (v) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (vi) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; (vii) if you fail to cure any suspension of your account or any individual Service, to our satisfaction, and within the time frame we specify; (viii) you are no longer eligible to be a Registered User; or, (ix) if, in our judgment, we have received too many complaints about your User Content (where submission of User Content is permitted). In the event of any such termination of your account, you will not be eligible for a refund of any fees and you may be prohibited from reopening your account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any termination pursuant to this section of the Terms.
C. Upon any termination of your account: (i) these Terms applicable to Registered Users and all rights granted under these Terms shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the portions of the Site or Services that was granted to you has Registered User and your account will cease immediately; and, (iii) all of your Registered User data may (at our option) be deleted from our servers and backup systems and we may not have or keep backup of such data. You agree to hold us harmless from and against any and all claims, losses or damages arising from any termination of your Registered User account, if applicable. Any and all sections in these Terms which impose obligations continuing in their nature shall survive termination or otherwise continue to remain in full force and effect even after account termination.
11. INDEMNIFICATION. By utilizing the Site, or the Service you agree to indemnify, defend, and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of the Site or the Services in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any expiration or termination of the Terms.
C. By utilizing the Site, or the Service you agree to indemnify, defend and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of the Site, or the Services in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any expiration or termination of the Terms.
A. Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
i. Other than for the grounds set forth in Subsection C below, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof, or the access or use of the Site or our Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Indianapolis, Indiana in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
ii. The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
iii. The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
C. Exceptions to Agreement to Arbitrate. You and we agree that we will go to court to resolve disputes relating to our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).
14. CLASS ACTION WAIVER. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
15. WAIVER OF JURY TRIAL. Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
A. By creating a Registered User account or giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us and/or by posting the Communications on the Site concerning information and/or our Services (collectively, “Communications”). For Registered Users, Communications may be those that we are required to send to you by law concerning us, your account or information, the Site, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons. You may change the information on file for your account by visiting your account profile page or by contacting us. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
B. Please contact us at email@example.com with questions about our Site or our policies.
A. Governing Law. For all legal proceedings arising out of use of the Site, the Services, and/or relating to these Terms, these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Indiana. Where filing suit in court is permitted hereunder, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Indianapolis, Indiana or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere.
B. Assignment. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns.We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your Personal Information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction, or pursuant to any court proceeding. In addition, when a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your Personal Information, subject to the restrictions in these Terms.
D. Headings. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
E. Waiver. The failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
F. Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
G. Independent Contractors. The parties intend that an independent contractor relationship will be created by these Terms, and that no partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or its respective service providers.
As you use our Site, 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 us 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 our Site 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 our Site (Please note that legislative activities are protected by the 1st Amendment and are generally not subject to anti-trust laws.):
Article Posted: 01.25.21
Last Updated: 02.11.21