The NAMIC event for which you are registering has been prepared for informational or educational purposes only. In consideration of the right to participate in the Event (which includes travel to and from the Event and participation in any or all activities connected with the event such as, but not limited to, tours, trips, hotel occupancy, receptions, business meetings, etc.), you agree to be bound by the terms and conditions of this notice. If you do not agree with the terms and conditions of this notice, you are hereby instructed not to register, attend or participate in the Event.
You agree to assume all risks associated with attendance or participation at the Event and you, on behalf of yourself and your heirs, executors, administrators, legal representatives, assignees, and successors in interest, do herby release, waive, discharge, hold harmless and covenant not to sue NAMIC, its subsidiaries, and any other sponsoring, organizing or participating parties (including, but not limited to, transport or tour companies, facility or property owners on site or otherwise, fellow participants or attendees including instructors or presenters, law enforcement agencies, or public entities associated with the Event) and their respective agents, representatives, directors, officers, volunteers, and employees – hereinafter referred to as “Released Parties” – from any and all liability for any acts, omissions or occurrences, rights, causes of actions, or claims for damages (including due to the Released Parties’ own negligence) which you may have or which may hereafter accrue against the Released Parties and which may result, directly or indirectly, in injury, loss or damage (including death) to yourself or injury, loss or damage to your personal property, arising out of your participation in or association with the Event, including upon the premises where any Event activity is being conducted and travel to and from the Event.
You further agree to indemnify and hold harmless the Released Parties from any and all liability for any acts, omissions or occurrences, rights, causes of actions, or claims for damages which may accrue to any individual or entity and may result, directly or indirectly, from your participation in or association with the Event, or upon the premises where any Event activity is being conducted, and including travel to and from the Event, and that you shall indemnify the Released Parties for any damages awarded or expenses incurred as a result of any and all such liability for any acts, omissions or occurrences, rights, causes of actions, or claims for damages, including, but not limited to, attorney fees and court costs. You grant NAMIC the right and permission to use, publish, and otherwise reproduce in any manner or form and for any purpose; in print, electronic or digital format; your likeness or picture in any photographs taken in connection with your participation.
All materials and services provided as part of the Event are provided "as is" without warranty of any kind. With respect to these materials and services NAMIC and/or its suppliers make no representations and disclaim all warranties, express or implied, including, but not limited to: warranties of title, non-infringement, merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, or other items connected with the Event.
The Event may include advice, opinions, and statements of various speakers, presenters, information providers or instructors, content providers (Presenter or Presenters). NAMIC does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any Presenter or other participant. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither NAMIC nor any Presenter or other participant shall be liable to anyone for any inaccuracy, error, omission, interruption, use of any content herein, regardless of cause, for any damages resulting therefrom. Participation in the Event or receipt of information from Presenters or other participants does not constitute a professional-client relationship of any kind. Information acquired at the Event 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 is presented with the understanding that the Presenters, or other participants, 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. Information provided at Event relative to any products or services do not, in itself, comprise a contract or offer.
All materials and information presented or used at the Event may be subject to copyrights owned by NAMIC and Presenters or other participants, whether individuals or entities. Any reproduction, retransmission, or republication of all or part of any graphic images, materials or documents used at the Event is expressly prohibited, unless NAMIC or the copyright owner 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 and logos of NAMIC, NIA (NAMIC Insurance Agency), or NSC (NAMIC Service Corporation) that appear at Event 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.
NAMIC does not operate or control in any respect any information, products or services provided or presented by any third-party at the Event and does not guarantee that any information contained thereon will be accurate. Third parties are included at the Event solely for the convenience of Event participators and do not constitute any endorsement, approval or certification by NAMIC, its affiliates and/or its suppliers. Any opinions, advice, services, or other information made available by third parties are those of the respective third parties and not of NAMIC.
NAMIC shall have the right, at its discretion, to change, modify, add or remove information, presentations, events or other Event activity at any time. Notification of any such changes may be made herein, but is not guaranteed. Changes shall be effective immediately, and subsequent participation by you at the Event shall constitute your acceptance of them.
The Event registration form requires you to give us contact information (like your name, email, and postal address), financial information (like your bank account or credit card numbers), and demographic information (like your zip code, age, or income level). Contact information from the registration forms is used to send acknowledgments, materials and other information about the Event, NAMIC, including other NAMIC products, services or event, and made available to other participants at the Event.. Your contact information is also used to get in touch with you when necessary. Financial information that is collected is used to bill you for the Event.
As you participate in the Event, 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 will be permitted during our meeting. This is a very serious matter and your cooperation will be appreciated.
Although the McCarran-Ferguson Act has given a limited exemption to the insurance industry from certain otherwise prohibited activities, board members should realize that the exemption provided companies has definite limits and that NAMIC itself, as a trade association, has no such exemption. Activities, both in and out of the meeting room, 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 and/or intimidate or an act to further any of the three. Please note that legislative activities are protected by the 1st Amendment and are generally not subject to anti-trust laws.
Conviction for certain violations of the anti-trust laws (Sherman Act, Clayton Act, FTC Act and Robinson-Patman Act) often result in jail sentences, fines or both, even for first offenders who are otherwise leaders in their communities.
Beside discussions involving any possible insurance market boycott, coercion and/or intimidation, which are never protected under any circumstances, here are some practices which you should not initiate nor participate in as they may expose you, your company, and NAMIC to possible anti-trust investigation and/or prosecution by any state or the FTC or Justice Department. Discussing, sharing data or “signaling” with the purpose of agreeing to proceed in anti-competitive respects in any of the following areas:
If any of the above occurs, you should object, have your objection noted in the minutes of any meeting and, if the discussion or practice continues, leave the room. Further, the prohibitions apply to discussions in an informal or social setting, not just regularly scheduled meetings.
If you see any prohibited practices occurring in any NAMIC meeting or social event, please mention your concern to an officer of the Association.