Terms of Use

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Website Terms of Use

This website (“Website”), which we own and maintain, provides users with access to an online collection of information and materials and certain online services (collectively, the Services”) offered by us. The terms “we,” “us,” and “our” refer to Frankenmuth Mutual Insurance Company, Patriot Insurance Company, Ansur America Insurance, Patriot Life Insurance Companies and their affiliates.  The materials we make available here may include information related to certain insurance products and services (“Products and Services”) and insurance-related services we provide.  The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about the Products and Services, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Website (“Software”).

Your access to and use of this Website are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Website or any Content, Services or Software contained on this Website. Your access to and use of this Website constitute your acceptance of and agreement to abide by each of these terms and conditions set forth below.  Unless otherwise indicated, any new Services, Content and Software added to this Website will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Website and these Terms of Use periodically for updates and changes.

Limited License and Site Access – We hereby grant you a limited license to access and make personal use of this Website but not to download (other than page caching, and other than for personal use, as further provided below) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Website or its Contents or Software; any collection and use of any product listings, descriptions or prices; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of our name(s) or service marks without our express written consent. Any unauthorized use of this Website terminates the permission or license granted by us.

Availability of Products and Services – Due to various insurance and other regulatory restrictions, certain Products and Services described on this Website are not available to all persons who may access this Website because we are authorized to sell the Products and Services in only selected jurisdictions.  Also, Products and Services may vary by jurisdiction and not all Products and Services are available or suitable for all United States jurisdictions. EXCEPT AS EXPRESSLY STATED HEREIN, HE INFORMATION CONTAINED ON THIS WEBSITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY INSURANCE PRODUCT, OR OTHER PRODUCT OR SERVICE BY US. No insurance product or other product or service is offered or will be sold by us or, if sold, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

Please contact one of our designated representatives or your insurance agent to find out which Products and Services are available to you in your State.

This Website may provide certain summary descriptions or other helpful information regarding Products and Services. We attempt to be as accurate as possible, but any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual policy or product/service agreement to which they refer. Complete policy terms are available upon request.

Copyright – Except as otherwise expressly stated, all Content and Software appearing on this Website are copyrighted works of ours or third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also our exclusive property and is protected by U.S. and international copyright laws.

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without our prior written authorization. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by us. We do not warrant or represent that your use of Content, Services, Software or any other materials displayed on this Website will not infringe rights of third parties.

Trademarks and Service Marks – All trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are our property or their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without our prior written authorization.

Ownership of information submitted via this Website – With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement), any information you transmit to us via this Website, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become our property. Such information may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. We shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via this Website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Proprietary Software – Any Software accessible through this Website is our property or our suppliers’ and is protected by U.S. patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Website is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by us through this Website for your use in accessing the Services and Content.

Prohibited Use – Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and utility of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by us to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) any use other than the business purpose for which it was intended, is prohibited.

Further, in connection with your use of the Website, you agree you will not:

(a) create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any of our representatives, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(b) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;

(c) provide any information which is false, isleading, omits material facts, or is otherwise incorrect or incomplete in any material respect;

(d) upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

(e) upload or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;

(f) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or

(g) upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party.

We reserve the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user’s access and/or account.

No Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Website is provided by third party content providers, we have no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Website are those of such third party suppliers. We do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties.  You acknowledge that any reliance on material posted by other users will be at your own risk.  Statements posted on the Website by other users shall not be attributable to us, nor shall we have any liability or responsibility in connection with such postings.

Hyperlinks to Third Party Websites – This Website may contain hyperlinks to other websites owned and operated by parties other than us. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by the Owner or its affiliates, you acknowledge and agree that we are not responsible for and is not liable for the content, products, services or other materials on or available from such websites to which the Website contains hyperlinks. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. We are under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. We are not responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.  We are not responsible for the privacy practices of any other websites.

Website Privacy StatementOur Website Privacy Statement describes the details of our information practices and procedures for personal information we collect at this Website. We urge you to read our Website Privacy Statement.

Modification to Services – We may, at our discretion, modify or discontinue any of the Products and Services, Content or Software, or any portion thereof, with or without notice. We will not be liable to you or any third party for any modification or discontinuance of any of the Products and Services, Content or Software.

Disclaimer – Information contained on this Website has been prepared by us as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. We have used reasonable efforts in collecting, preparing and providing quality information and material, but, unless expressly stated otherwise by us, we make no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Website or any other Website we maintain. Users relying on information from this Website do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for complete terms, exclusions and conditions. Should you purchase a product from us or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of this Website does not affect that purchase in any manner.

This Website may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model “what-if” scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE,TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS OR SERVICES, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the limitations above may not apply to you.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notices – Any notices to you from us regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.

Electronic Communications

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any

General Provisions

Entire Agreement – These Terms of Use, the Website Privacy Statement, and other policies we may post on this Website constitute the entire agreement between you and us in connection with your use of this Website and the Content, Services and Software, and supersedes any prior agreements between the you and us regarding use of this Website, including prior versions of these Terms of Use.

Age and Location of User – All Content available on this Website is solely directed to individuals 16 years of age or older living or conducting business in the United States.  We make no representation that the Content, information, Services or Software are available for use outside of the United States. Any use of the Services, Content and Software is prohibited where they are not allowed by law.

This website contains a binding arbitration provision which may be enforced by the parties

Dispute Resolution – Any controversy or claim arising out of or relating to these Terms of Use, our Privacy Statement, or use of this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Michigan, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Lansing, Michigan, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Lansing, Michigan, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or we may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Lansing, Michigan as may be necessary to protect your or our rights or property pending the completion of arbitration. You agree that any action to enforce this arbitration provision will be brought in the federal or state courts located in Lansing, Michigan.

Governing Law; Jurisdiction; Venue; Severability of Provisions – The Terms of Use are governed by the laws of the State of Michigan, USA and controlling United States federal law without regard to any conflicts of law provisions. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Password Accounts, Passwords, and Security

If you have been given the option to open an account on this Website which will provide you with access to password protected portions of the Website and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password.  You may not use anyone else’s account at any time, without the permission of the account holder.

Severability

To the maximum extent possible, each of the disclaimers and each of the provisions of the Terms of Use shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.

Waiver

No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Modification of Terms

We reserve the right to modify these Terms of Use without notice to you, and your continued use of the Website after such modifications will make such modifications binding on you.  These Terms of Use are effective until terminated or updated by us.  In the event of termination of these Terms of Use, the disclaimers and limitations of liabilities set forth in the Terms of Use will survive.  The modified Terms of Use will apply only to disputes that arise after the modification has been posted on the Website.  After the Terms of Use have been modified, the Website will provide a link to a Notification of Modification for Website users for a period of one (1) year after the effective date of such modification.

Third Party Report Ordering

The Federal Fair Credit Reporting Act, Driver’s Privacy Protection Act, analogous state laws, and other state and federal laws govern the use of reports delivered via the iBIS system. It is your responsibility to ensure that your requests are lawful. When ordering reports for underwriting purposes, you must have a completed application and/or the verbal request of the subject consumer. When ordering consumer reports for insurance claims, you must have the signed written authorization of the subject consumer and comply with other requirements of state and federal laws.

The Federal Fair Credit Reporting Act imposes criminal penalties – including a fine, up to two years in prison, or both – against anyone who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses, and other penalties of anyone who obtains such consumer information without a permissible purpose.

If you have any questions regarding your rights and obligations, please contact eBusiness Support at Ext. 3000 or agencyservices@fmins.com prior to using the website.

Contacting Us

If you have any questions about these Terms of Use, please write to us at customerinquiry@fmins.com.

Last Updated: August 15, 2010.